Socio-Economic Rights and Accountability Project (SERAP) has given the Attorney-General of the Federation, (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), a 7-day ultimatum to begin the prosecution of the former first lady, Mrs Patience Jonathan over allegation of $15m unexplained wealth “frozen in four companies’ accounts.”
In a statement by SERAP executive director, Mr Tokunbo Mumuni made available to Vanguard, the body urged the AGF to institute criminal proceedings against Mrs Jonathan in line with “public interest, and exercise your powers under Section 174(1) of the Constitution of Nigeria 1999.” Making bold its demand, SERAP asked Malami to “take this step within 7 days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel the discharge of constitutional duty in this matter.” The body argued that, “Mrs Jonathan is a politically-exposed person under anti-corruption standards.
She is also covered under the definition of ‘public officials’ contained in the UN Convention against Corruption to which Nigeria is a state party. Under article 2 of the convention, public officials, include Mrs Jonathan or any other family members of the former President Goodluck Jonathan, who exercised official duties while he was president.” SERAP noted that “pursuing prosecution in this case would help to provide adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition to victims of corruption who continue to be denied their right to an effective remedy.
It would also send a clear message that cases of unexplained wealth or illicit enrichment involving politically exposed persons would not go unpunished,” it stated. Explaining the need for the prosecution, the group said the use of the offence of illicit enrichment is necessary to any anti-corruption movement and accepted instrument in the global fight against corruption.
It said the step by the government would also enhance its powers to monitor wealth and improve transparency and accountability within the public sector. The statement read: “By combating an official’s unexplained material gains, illicit enrichment offenses make it clear to public officials that if they engage in corrupt conduct they would forfeit illegally acquired wealth and go to prison. “According to article 2 “for the purpose of some specific measures contained in chapter II of this Convention, “public official” may mean any person who performs a public function or provides a public service.”
“Thus, article 2 makes it very clear that any person, such as Mrs Jonathan performing a public function, entrusted with a public task or to whom public functions have been assigned are public officials, regardless of whether they have been elected or appointed, paid or unpaid.” “Under article 20 of the convention, this government has an obligation to prosecute intentional illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.”
The fact that the $15m found in the four accounts belong to Mrs Jonathan raises serious suspicion or at the very least a prima-facie case of unexplained wealth/illicit enrichment, and imposes an obligation on Mrs Jonathan to explain and justify the source(s) of the $15m.” “In the event that she is not able to justify, explain or put forth evidence demonstrating the legitimate origin of the $15m, SERAP urges you to take immediate steps to forfeit the asset under appropriate legal proceedings, and to institute criminal prosecution for unexplained wealth in the matter.”
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