SERAP to Malami Posecute Patience Jonathan over $15m within Seven Days
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The Socio-Economic Rights and Accountability Project (SERAP) has asked, Attorney-General of the Federation (AGF), Abubakar Malami to institute criminal proceedings against Patience Jonathan within seven days.
The human rights group asked the AGF to act as a defender of public interest by exercising his powers under section 174(1) of the constitution.
In a letter signed by Adetokunbo Mumuni, its executive director, the organisation asked Malami to “take this step within seven 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”.
“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.
“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 persons, 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 $15 million 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 $15 million.
“In the event that she is not able to justify, explain or put forth evidence demonstrating the legitimate origin of the $15 million, 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.
“Similarly, Section 44 of the Corrupt Practices and other Related Offences Act criminalises unexplained or illicit wealth and allows criminal penalties and forfeiture if, in the course of an investigation, there are reasonable grounds to believe that a corruption offence has been committed, that is, the failure to explain the origin of the $15 million giving present or past emoluments, and other relevant circumstances.
“SERAP notes that Mrs Jonathan has admitted that the four accounts belong to her and that she is the sole signatory to these accounts.”
Meanwhile, Minister of Information, Lai Mohammed has said the Economic and Financial Crimes Commission (EFCC) was not probing Patience for claiming ownership of foreign currency found in some account in a case where the anti-corruption agency had given a freezing order.
Speaking with newsmen in Kwara State, while reacting to insinuation that the former first lady was being persecuted by the EFCC, Mohammed explained that it was only after she took ownership of the foreign currency in the account that another $5 million was discovered.
“If you look at the history of Mrs. Patience Jonathan’s issue, I think she was the one that came out to claim that the money found in the accounts of one of the aides to her husband belonged to her.
“She claimed that the money the guy was being prosecuted for belonged to her. It was only then EFCC later found an extra $5 million in another account.
“It is not as if anybody had gone out to probe Mrs. Jonathan directly or indirectly; rather, Mrs. Jonathan was the one who said ‘that money for which you are accusing Mr. X actually belongs to me.
“So, you cannot start talking of prosecution or persecution.”
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