Don’t mix recovered loot with internally generated funds - Malami warns Falana
- AGF Malami has warned Falana against misinforming the general public with wrong information
- Malami asked Falana to stop mixing recovered loot with internally generated funds
- The minister of justice said it is misleading to give the impression that recoveries and usage of stolen funds stashed abroad are provided for by the RMAFC act
Abubakar Malami, the attorney general of the federation and minister of justice, has advised the Lagos-based human rights activist, Femi Falana, not to mix up the issue of recovered loots with funds generated locally and within the purview of the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC).
ThisDay reports that Malami urged the senior lawyer not to get Nigerians confused with his submissions on the issue.
Legit.ng gathered that he said Falana’s alleged erroneous assertion on the process of disbursement and use of recovered stolen funds based on the provisions of the RMAFC act and section 153 (1) (n) of the constitution of the federal republic of Nigeria 1999, as amended, depicted a rash analysis devoid of clear legal foundations.
“Revenue Mobilisation, Allocation and Fiscal Commission Act has nothing specific on funds recovered from indicted public officers or assets recovered internationally. It merely mentions accruals and disbursement of revenue from the federation account.
Source: UGC
"So, questions of recovery of stolen funds from indicted public officers and illicit assets recovered internally are not contemplated by the spirit of the law internationally and are appropriately dealt with by other relevant laws. One cannot impute into legislation what is not specifically and expressly mentioned,” the AGF said.
In the same development, Premium Times reports that Malami’s position was contained in a statement made available to journalists by his media aide, Umar Gwandu.
He said it is misleading to give the impression that recoveries and usage of stolen funds stashed abroad are provided for by the RMAFC act.
“One cannot situate rights and entitlements on looted funds and recovered assets with myopic and narrow understating of concepts of the application of local legislation.
“For the avoidance of doubt and the purpose of setting the record straight, the application of the looted funds can only factor within the context of mutual understanding and negotiations of international and multifaceted jurisdictional and territorial legislative issues," he said.
"Federation account or funds accruing from sources designated by the constitution of the Federal Republic of Nigeria 1999, as amended. This derivation formula is local and applies locally within Nigeria. This is not the case with the recovery of stolen funds.
“It is interesting to note that Section 80 (1) of the 1999 constitution of the federal republic of Nigeria (as amended) contemplates exceptions to funds not payable into the federation account. The Section recognises the possibility of having public funds being administered other than through the derivation formula if the funds (in this case recovered stolen funds) were established for a specific purpose,” the statement read in part.
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Meanwhile, Legit.ng had previously reported that Falana claimed that some public officials re-looted about $4bn out of the loot recovered from late dictator General Sani Abacha.
It was reported that Falana made this claim while delivering an address at an anti-corruption programme held in Abuja.
Falana was particularly disappointed that the United States government held Nigeria to ransom over the return of the $308m Abacha loot recovered in conjunction with New Jersey.
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Source: Legit.ng
