The Nation Newspaper

Tag: Mohammed Abacha

  • Mohammed Abacha heads for Supreme Court in bid to reclaim Malabu Oil & Gas Ltd

    Mohammed Abacha heads for Supreme Court in bid to reclaim Malabu Oil & Gas Ltd

    Mohammed Abacha, son of the late General Sani Abacha, has commenced the process of challenging, before the Supreme Court, a recent Court of Appeal’s judgment, dismissing the suit he filed to reclaim the ownership of the controversial Malabu Oil and Gas Limited.

    Abacha’s team of lawyers, led by Reuben Atabo (SAN) has since applied, through a motion on notice to the Court of Appeal, for among others, leave to formally lodge the appeal against its May 23 judgment before the Supreme Court.

    The Court of Appeal in Abuja had in the May 23 judgment, allowed the appeal marked: CA/ABJ/CV/53/2021 filed by the Nigerian Agip Exploration Ltd and dismissed the suit marked: FHC/ABJ/CS/201/2012 filed by Abacha, in the name of Malabu Oil and Gas Ltd, on the ground that the suit was wrongly instituted.

    In the motion filed on June 4, Malabu is praying the Court of Appeal for leave to appeal to the Supreme Court against the May 23 on grounds of mixed law and facts.

    The motion is equally seeking leave to raise new or fresh issues of law in the appeal to the Supreme Court in relation to “grounds 1, 3, 4, 9, 14, 16 and 17 of the proposed notice of appeal.”

    According to Atabo, one of reasons for seeking the permission of the Court of Appeal includes that Abacha is displeased with the May 23 judgment and is desirous of appealing against it to the Supreme Court.

    Another reason, he said, is that the grounds of appeal in Abacha’s proposed notice of appeal are grounds of mixed law and fact, whilst others are raising new/fresh issues of law.

    Atabo said the motion was informed by the fact that his client needs the leave of the Court of Appeal “to raise grounds of mixed law and fact as well as grounds, raising new/fresh issues of law.”

    In urging the Court of Appeal to grant the motion, Malabu, in a supporting affidavit, stated that the grounds of appeal in the proposed notice of appeal are arguable grounds of appeal and all raise substantial legal issues.

    Edwin John, who deposed to the affidavit, stated that there are serious questions of law to be tried by the Supreme Court in the appeal arising from the May 23 judgment.

    Read Also: Osun LG crisis/autonomy: Coalition condemns Adeleke’s outburst against NBA, Supreme Court

    John further stated that “there is the likelihood and real possibility of the success of the appeal in the Supreme Court.

    He said it will be in the interest of justice to grant this motion, especially as the respondents shall not in any way be prejudiced.

    He added that the course of justice will be better served if motion is granted to enable the applicant exercise the constitutional right of appeal against the May 23 decision.

    John said applicant will be permanently shut out from exercising the right of appeal should the motion be refused.

  • Mohammed Abacha heads for Supreme Court in bid to reclaim Malabu Oil & Gas Ltd

    Mohammed Abacha heads for Supreme Court in bid to reclaim Malabu Oil & Gas Ltd

    Mohammed Abacha, son the late General Sani Abacha, has commenced the process of challenging, before the Supreme Court, a recent Court of Appeal’s judgment, dismissing the suit he filed to reclaim the ownership of the controversial Malabu Oil and Gas Limited.

    Abacha’s team of lawyers, led by Reuben Atabo (SAN) has since applied, through a motion on notice to the Court of Appeal, for among others, leave to formally lodged the appeal, against its May 23 judgment, before the Supreme Court.

    The Court of Appeal in Abuja had, in the May 23 judgment, allowed the appeal marked: CA/ABJ/CV/53/2021 filed by the Nigerian Agip Exploration Ltd and dismissed the suit marked: FHC/ABJ/CS/201/2012 filed by Abacha, in the name of Malabu Oil and Gas Ltd, on the ground that the suit was wrongly instituted.

    In the motion filed on June 4, Malabu is praying the Court of Appeal for leave to appeal to the Supreme Court against the May 23 on grounds of mixed law and facts. 

    The motion is also seeking leave to raise new or fresh issues of law in the appeal to the Supreme Court in relation to “grounds 1, 3, 4, 9, 14, 16 and 17 of the proposed notice of appeal.”

    According to Atabo, one of reasons for seeking the permission of the Court of Appeal includes that Abacha is displeased with the May 23 judgment and is desirous of appealing against it to the Supreme Court.. 

    Another reason, he said, is that the grounds of appeal in Abacha’s proposed notice of appeal are grounds of mixed law and fact, whilst others are raising new/fresh issues of law. 

    Atabo said the motion was informed by the fact that his client needs the leave of he Court of Appeal “to raise grounds of mixed law and fact as well as grounds, raising new/fresh issues of law.”

    Read Also: Court blocks Trump’s ban on foreign Harvard students

    In urging the Court of Appeal to grant the motion, Malabu, in a supporting affidavit, stated that the grounds of appeal in the proposed notice of appeal are arguable grounds of appeal and all raise substantial legal issues. 

    Edwin John, who deposed to the affidavit, stated that there are serious questions of law to be tried by the Supreme Court in the appeal arising from the May 23 judgment.

    John further stated that “there is the likelihood and real possibility of the success of the appeal in the Supreme Court. 

    He said it will be in the interest of justice to grant this motion, especially as the respondents shall not in any way be prejudiced.

    He added that the course of justice will be better served if motion is granted to enable the applicant exercise the constitutional right of appeal against the May 23 decision. 

    John said applicant will be permanently shut out from exercising the right of appeal should the motion be refused.

  • Kano is not working, says Mohammed Abacha

    Mohammed Abacha, eldest son of the late Head of State, General Sani Abacha, who is the Governorship candidate of the Advanced Peoples Democratic Alliance (APDA), on Sunday in Kano pledged  to diversify the economy and agricultural potentials of the State to an enviable position, if voted as governor of Kano on March, 2019.

    Abacha, who made the promise, while flagging off his gubernatorial campaign at the  Polo ground in the ancient of Kano, said the reason of his vying the governorship election is to right wrongs, following the deteriorating economic hardship, as well as the declining fortunes that have resulted in observable collapse of governance in the state.

    According to him, unfortunately, in the last 6 years or thereabout, our economic strength in the state has declined from 67 per cent output to 9 per cent in the year 2018. Kano State population has tremendously jumped to 17.5 million, based on projections that has created an unprecedented rise, occasioned by youths unemployment, as infrastructure ae fast deteriorating due to poor quality jobs, which has turned the state to a conduit pipe to drain the state’s resources.

    The former Kano State Congress for Progressive  Change (CPC) Gubernatorial candidate, noted, with dismay that Kano’s political future has been compromised by evident mismanagement, relegation of education, health and the agricultural sector, maintaining that Kano is not working or it has stopped working long ago, as it is embroiled in serious debt.

    The APDA candidate, while reeling out policy action of his party, said, if voted into power will reduce the cost of government spending, as well as resuscitate hundreds of moribund industries, which made Kano to  flourish, over the years.

    APDA gubernatorial candidate lamented on youths unemployment, coupled with drug abuse and fast depreciation of economic activities of the state, alleging that Kano is embroiled in heavy debt; warning that deductions from source might derail cost of governance in the future.

    Abacha who claimed that governance in Kano was being mismanaged in the last 16 years, reminded that when his party takes over the mantle of leadership, will declare free services in critical sectors, including education and health care system, adding that, his administration will facilitate infrastructural development and attract direct foreign investment through provision of land allocation for industrial development, agricultural purposes, establishment of universities, among others.

    According to him, “The army of unemployed in the state had rise to an alarming proportion, while we keep turn out escalating number of graduates from our tertiary institutions every year. This exigent situation could be handled by my administration and will be realized through the expansion of Kano Utility Services Companies that will develop special cottage industries in partnership, with investment groups, including Small and Medium Scale Industries.

    “Our mission is to make Kano another economic giant. Our state needs a governor, who brings investments not who kills investments. Our state needs a governor, who generates wealth for the people, not that, who takes the wealth away. Our state needs a governor who opens the business gates for Kano markets not those who want to close the gates. Our state also needs a leader of standing that is internationally associated because Kano was founded on the brilliance of responsible business and market disciple”. Abacha reassured.

    Abacha who raised concern over the increasing number of widows and suffering encountered on daily basis, reminded that policy frame work of his party center on widows’ empowerment opportunity that will transform their endlessness to productivity.

    On a last note, he said :We should rather remain focused in creating health competitions, not political rivalry, as the case may be with our past experiences.

  • Mohammed Abacha recoils

    Mohammed Abacha recoils

    MOHAMMED, eldest son of the late head of state, Gen. Sani Abacha, appears to have recoiled into his shell for reasons that only him can fathom. Before the general election that took place earlier in the year, he was touted by his admirers as the man to become the next governor of Kano State. And his aspiration appeared to enjoy very good prospect until the masters of the game booted him out of the political arena. Since then, he has been forced to lie low.

  • FG withdraw charges against Abacha’s son

    FG withdraw charges against Abacha’s son

    The Federal Government on Wednesday withdrew charges of receiving stolen property worth N100.38 billion against Mohammed Abacha, son of the late head of state, Gen. Sani Abacha.

    Details later…

  • Mohammed Abacha’s absence stalls arraignment on fresh charge

    Mohammed Abacha’s absence stalls arraignment on fresh charge

    ohammed, the son of the late Head of State, General Sani Abacha, shunned yesterday the court for the second time.

    He was to answer to a fresh charge of unlawful receipt of funds allegedly stolen from the Federal Government.

    The government filed the new charge against him.

    Mohammed Abacha would have been arraigned on April 10 but his absence in court prompted the judge, Justice Mamman Kolo of the High Court of the Federal Capital Territory (FCT), to adjourn till yesterday.

    The Federal Government, through a private lawyer, Daniel Enwelum, filed the fresh charge of nine counts against Mohammed. It accused him of “dishonestly receiving stolen property” and that he “voluntarily assisted in concealing money” estimated at N446.3 billion.

    The fresh charge replaced the earlier 121 counts in which Mohammed was charged with one of his late father’s associates, Atiku Bagudu.

    The government has now excluded Bagudu from the fresh charge, leaving only Mohammed.

    When the case was called yesterday, Enwelum drew the court’s attention to Mohammed’s absence for the second time.

    Defence lawyer, Mr R. O. Atabo, explained that his client was absent in court because he was ill.

    He tendered a medical report to support his claim. The report, which the lawyer read to the court, said Mohammed was suffering from blood pressure, severe back pains and headache and needed two weeks’ bed rest.

    Atabo sought an adjournment to enable his client recuperate and attend court to answer to the charge.

    He said: “We acknowledge the fact that the accused has been served, in accordance with the undertaking of Abdullahi Haruna (the lawyer that represented Mohammed on April 10, who accepted the charge on his behalf).

    “However, we wish to inform the court that about four days ago, the accused took ill and had to be rushed to the hospital…”

    Justice Kolo adjourned the matter till June 18.

     

    In Count One, Mohammed was alleged to have, between August and December 1995, in Abuja, dishonestly received $36,480,000 comprising cash and traveller’s cheques, property of the Federal Government.

    The money was believed to have been stolen.

    Count Two alleged that Mohammed, between August and December 1995, also in Abuja, voluntarily assisted in concealing $57,960,000, believed to have been stolen from the Federal Government.

    In Count Three, he was alleged to have, between October and December 1996, at Abuja, dishonestly received $26,913,500, believed to have been stolen from the Federal Government.

  • Abacha son’s absence stalls arraignment on fresh charges

    Son of the late General Sani Abacha, Mohammed, was absent in court on Tuesday where he is expected to answer to fresh charges of unlawful receipt of funds stolen from government brought against him by the Federal Government.
    He was earlier slated for arraignment on April 10 but his absence in court prompted the judge, Justice Mamman Kolo, of the High Court, Abuja, to adjourn the case till Tuesday.
    The federal government through a private lawyer, Daniel Enwelum, had filed a fresh nine-count charge against Mohammed, accusing him of “dishonestly receiving stolen property” and “voluntarily assisted in concealing money,” estimated at N446.3billion.
    The fresh charges replaced the earlier 121-count charge in which Mohammed was arraigned alongside an Abacha’s associate, Atiku Bagudu.
    The government has now excluded Bagudu from the fresh charges, leaving only Mohammed.
    When the case was called on Tuesday, Enwelum drew the court’ attention to Mohammed’s absence for the second time.
    Defence lawyer, Mr. R.O Atabo, explained that his client was absent in court due to ill health.
    He tendered a medical report to support his claim. The report which was read by Enwelum, said Mohammed was suffering from blood pressure, severe back pains and headache and needed two weeks bed rest.

  • How Abacha looted $2b, by U.S. report

    How Abacha looted $2b, by U.S. report

    The United States has opened up on how the late Head of State, Gen. Sani Abacha , his son, Mohammed, a friend of the family, Abubakar Atiku Bagudu and others looted about $2.2 billion through security votes fraud.

    Money was also stolen through the Ajaokuta Steel debt-buy back and extortion of Dumez Group, a company operating in Nigeria.

    Mohammed Abacha and Bagudu might be imprisoned if they disobey the order freezing their assets.

    The highlights of how the late Gen. Abacha and others looted the treasury were contained in a March 10, 2014 note to the Federal Government by the U.S. Department of Justice.

    The document, which was sourced from the United States,  urged the Federal Government to “serve Mohammed Sani Abacha and Abubakar Atiku Bagudu with the record of proceedings under the United Kingdom Civil Jurisdictions and Judgments Act, which is needed to enforce the warrants of arrest in rem issued by the U.S. District Court for the District of Columbia”.

    According to the document, Abacha and others laundered the looted funds through the United States.

    Sixteen accounts and investment chains were traced to the Abachas in France, the United Kingdom, British Virgin Islands and the U.S.

    Although the Abachas allegedly asked a former National Security Adviser, Aliyu Ismaila Gwarzo, to request for funds from the government to address “unidentified emergencies” to stabilise the then military administration, the ex-NSA was not indicted for money laundering.

    There was nothing in the report suggesting that Gwarzo benefited from the loot.

    Also, the report exposed how a former Minister of Finance, Chief Anthony Ani, was ordered by Gen. Abacha to repurchase some debt instruments worth 973 million Deutche Macs (the defunct German currency).

    The US Department of Justice said: “General Sani Abacha was the President of Nigeria from 1993 to 1998. During his time in office, General Abacha, Mohammed Sani Abacha, Abubakar Atiku Bagudu (Bagudu) and others embezzled and extorted hundreds of millions of dollars from the Government of Nigeria. Abacha and his associates then transported and laundered the proceeds of those crimes through the United States.

    “The prosecutor believes Abacha and his associates conducted three fraudulent schemes during his time in office: (1) the “security votes” fraud, through which more than $2 billion was embezzled from the Central Bank of Nigeria; (2) the Ajaokuta Steel debt buy-back fraud, which defrauded the Nigerian government of more than $200million through overpayment of non-performing debt; and (3) extortion of Dumez Group, a company operating in Nigeria, which was used to invest in Nigerian Par Bonds that were managed and traded in the United States.

    “Between January 1994 and June 1998, General Abacha, Aliyu Ismaila Gwarzo (Gwarzo) and others prepared letters requesting funds from the Government of Nigeria, based on the false pretence that they were needed to ensure national security and the stability of General Abacha’s regime.

    “In order to execute this scheme, Gwarzo submitted letters to General Abacha in his capacity as National Security Advisor, requesting millions of U.S. dollars, British pounds sterling, and/or Nigerian naira, to address unidentified ‘emergencies’ that threatened Nigeria’s national interest. General Abacha approved these request and disbursed the requested funds.

    “These funds, however, were not used to ensure national security or stability of the regime. Instead, these funds were diverted to shell companies and personal accounts created by Mohammed Sani Abacha or Bagudu.

    “In 1979, the Nigerian Steel Development Authority, an entity owned by the Government of Nigeria, entered into an agreement with TPF, a Russian company, to construct a steel plant in Nigeria for five billion German Deutschmarks (DM).

    “Under this agreement, the Nigerian steel authority gave TPF promissory notes guaranteeing payment to the company. The Nigerian government later suspended payment on this debt because of a dispute that arose with TPF. As a result, TPF sought to sell off these instruments to recover some of the debt owed to the company.”

     

    “In October 1995, Bagudu orchestrated a series of transactions whereby the debt instruments were sold at inflated process to a Liberian company, Parnar Shipping Corporation (Parnar) for 350 million DM. In turn, Parnar sold these bills for 481 million DM to Mecosta Securities (Mecosta), which resold them to the Nigerian government for 973 million DM. General Abacha’s Finance Minister, Chief Anthony Ani, personally approved the Nigerian government’s repurchase of these bills of exchange at the order of General Abacha.

    “The Nigerian government purchase of the debt through Mecosta cost the government approximately 500 million DM more than if they bought the debt back directly from Parnar. Abacha and his associates subsequently acquired this money as another form of illicit profit.

    “A French civil engineering company, Dumez Group, and its Nigerian affiliate, Dumez Nigerian Plc, had been involved in various civil engineering projects in Nigeria since the 1960’s.

    “After General Abacha became President of Nigeria in 1993, he stopped payment on contracts between Nigerian government and foreign-based companies, including Dumez Group. As a result, Dumez Group was left with over $400 million in unpaid bills from the Nigerian government.

    “An Abacha associate approached the company after payment ceased and informed the company that he could arrange for the government to resume payment if Dumez Group agreed to “kick back” twenty-five percent of what it received. Dumez Group agreed to these terms, and received over $389 million.

    “In return, the company “kicked back” over $97 million, or twenty-five per cent, of that amount to General Abacha and his associates through a Swiss bank account controlled by Mohammed Sani Abacha.”

    The document listed 16 accounts and assets to be forfeited by Gen. Abacha and his associates.

    The Department of Justice added: “On November 18, 2013, the prosecutor filed a forfeiture action in the U.S District Court for the District of Columbia seeking to forfeit the proceeds of money laundering and corruption offences related to the investigation of General Abacha and his associates.

    “The property sought to be forfeited by U.S. authorities include the following assets (collectively, the Defendant Properties):

    •All assets held in account number 80020796, in the name of Doraville Properties Corporation, located at Deutsche Bank International Limited in the Bailwick of Jersey, and all interest, benefits, or asset traceable thereto;

    •All assets held in account number S-104460, in the name of Mohammed Sani, at HSBC Fund Administration (Jersey) Limited in the Bailwick of Jersey, and all interest, benefits, or assets traceable thereto;

    •All assets held in account number 223405880IUSD, in the name of Rayville International, S.A, at Banque SBA in Paris, France, and all interest, benefits or assets traceable thereto;

    •All assets held in account number 223406510PUSD, in the name of Standard Alliance Financial Services Limited located at Banque SBA in Paris, France, and all interest, benefits, or assets traceable thereto;

    •All assets held in account numbers 10030688 and 100138409, in the name of Mecosta Securities, at Standard Bank in the United Kingdom, and all interest, benefits or assets traceable thereto;

    •All assets held in HSBC Life (Europe) formerly held in account number 37060762 in the name of Mohammed Sani at Midland Life International Limited, and all interest, benefit or asset traceable thereto;

    •All assets in account number 38175076, in the name of Mohammed Sani, at HSBC Bank Plc, and all interest, benefits, or asset traceable thereto;

    •All assets held in the name of Blue Holding (1) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, at J.O Hambro Investment Management Limited in the United Kingdom, and all interest, benefits, or assets traceable thereto;

    •All assets held in the name of Blue Holding (2) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, at J.O Hambro Investment Management Limited in the United Kingdom, and all interest, benefits, or assets traceable thereto;

    •All assets held in the name of Blue Holding (1) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, at James Hambro and Partners LLP, in the United Kingdom, and all interest, benefits, or assets traceable thereto;

    •All assets held in the name of Blue Holding (2) Pte. Ltd., on behalf of or traceable to Ridley Group Limited and/or the Ridley Trust, at James Hambro and Partners LLP, in the United Kingdom, and all interest, benefits, or assets traceable thereto;

    •Doraville Properties Corporation, a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto;

    •Mecosta Securities, Inc., a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto;

    •Rayville International, S.A, a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto;

    •Ridley Group Limited, a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto; and

    •Standard Alliance Financial Services Limited, a corporate entity registered in the British Virgin Islands, together with all its assets and all property traceable thereto;

    “Following the filing of the Verified Complaints, the United States District Court for the District of Columbia issued sixteen warrants of arrest in rem, ordering the restraint of each of the Defendant Properties.

    “The prosecutor has sought the enforcement of the warrants of arrest in rem in France, Jersey, British Virgin Islands, and the United Kingdom.

    “The prosecutor is now required to provide notice of the U.S. forfeiture proceedings to Mohammed Sani Abacha, Abubakar Atiku Bagudu, and Dumez Nigeria Plc. Additionally, in order to enforce the warrants of arrest in rem for property located in the United Kingdom, the prosecutor must provide record of the U.K proceeding to Mohammed Sani Abacha and Abubakar Atiku Bagudu.”

     

  • Supreme Court orders Abacha son’s trial for corruption

    The Supreme Court on Friday in Abuja dismissed an appeal filed by Mohammed Abacha, son of late former head of state, Gen. Sani Abacha, against his prosecution for corruption.

    The apex court in a unanimous judgment led by Justice Olukayode Ariwoola, therefore, ordered Abacha to return to an Abuja High Court and face criminal charges bordering on corruption.

    “The reasoning and conclusion of the lower court on the matter cannot be faulted in any way.

    “It is only the trial court that is clothed with the jurisdiction to conduct a trial on the charges that will decide same, one way or the other, after hearing evidence.

    “The issues are, therefore, resolved against the appellant who should go and face the music.

    “The Supreme Court upholds the decision of the lower court and dismisses the appeal as lacking in merit,’’ the court said.

     The News Agency of Nigeria (NAN) reports that Abacha is standing trial before an FCT High Court on a 123-count charge preferred against him by the Federal Government.

    Abacha’s offence is said to contravene the provisions of Decree 53 of 1999 which pertains to possession and forfeiture of monies and properties that are corruptly acquired.

    Section 6 of the decree states that “any person who contravenes or fails to comply with any of the provisions of sections 2, 3 or 4 of this decree commits an offence and is liable on conviction to imprisonment for a term of two years without an option of fine.’’

    The lower court had in its judgment held that the appellant is liable to prosecution for being in possession of state funds and property he acquired from his late father.

    He had unsuccessfully attempted to foil his prosecution at the trial court following which he approached the court of appeal, where he lost again and went to the Supreme Court.