Posted by From George Oji in Abuja on
Son of the late General Sanni Abacha, Mohammed has lost another bid to stop the Federal Government from recovering public funds allegedly looted by his late father and family members.
Son of the late General Sanni Abacha, Mohammed has lost another bid to stop the Federal Government from recovering public funds allegedly looted by his late father and family members.
The Court of Appeal in a unanimous decision delivered by Justice Mary Odili at the weekend in Abuja, the also revealed that the General Abdulsalami Abubakar - led Government, which succeeded Abacha recovered over $800 million from the Abacha family.
Mohammed and 19 companies owned by his family had gone to the appellate court seeking to upturn the decision of the Federal High Court Abuja, which dismissed their suit, challenging the constitutionality of the letters written by the Federal Government to Governments of some foreign countries.
The companies include Sulgrave Holdings Incorporation, Raw Material Development and Trading Co. Ltd, Technical Management Services Ltd, Allied Network Limited and Blue Rock Properties, Barven Holdings, Olmar Establishment, Peltora Establishment and Glotar Establishment.
Others are KRH Capital Establishment, Kurita Establishment, Tadil Overseas, Rike Limited, Warnbeck Holdings, Arwood Overseas, Larberidge Investment, Savard International.
Federal Government's letters were aimed at obtaining the assistance of the Switzerland, United Kingdom, Luxembourg, Liechtenstein and New Jersey Governments in determining the quantum of the foreign lodgements by the Abacha family.
Ruling on the matter, the Abuja Federal High Court Judge, Mr. Justice Jonah Adah had dismissed the action for lacking in merit. Adah's ruling was in line with Federal Government's objections put forward by its counsel, Mr. Joe Gadzama [SAN].
Not satisfied with Adah's ruling, Mohammed and the 19 companies took their complaint to the Court of Appeal, seeking to upturn his [Adah's] verdict.
They formulated eight questions for determination by the Appellate Court, just as they did unsuccessfully in the Court below.
However, in a lead judgement delivered by Justice Mary Odili and adopted by two other panelists, she upheld the decision of the court.
"Three months available to the Appellants having elapsed, ten months in excess, they cannot now be heard to say that the law did not cover the acts of the respondents. The situation is more tied up in view of the fact that by their own admission from their copious Joint Statement of Claim, which the appellants quoted in extension with details in their brief, they were aware of the letters written by the Respondents and the letters terminated 13 months to the Appellants bringing their action.
"The Appellants are clearly barred, as their action was statute barred without a redeeming feature or features as some of the authorities we have cited showed. "The learned trial judge [Adah] was right in holding that the action was statute barred and dismissed the action on account of that. I must however make the point that when the learned trialjudge found that the Appellants claim did not disclose a reasonable cause of action or was not properly constituted for which the court lacked jurisdiction, the proper order should be striking out.
"However, in view of the action in its entirety being statute barred the issue of striking out for lack of jurisdiction or not disclosing a reasonable cause of action becomes futile as an argument or point.
'Therefore this appeal lacks merit and is hereby dismissed."
I affirm the decision of the court below dismissing the suit. I award N10, 000. 00 cost to Respondent to be paid by Appellants," the Court held. Commenting on the loot recoveries, Mrs. Odili said that the recoveries were made possible through the provisions of Decree NO. 53 OF I999, which refers to forfeiture, refund or return of public funds or properties wrongfully taken away by an individual.
Odili observed that it was as a result of the huge recovery by the Abdulsalami Government that the Chief Olusegun Obasanjo led government, which assumed authority in May, 1999 "set in motion the process of recovering some of such moneys from the family of the late Head of State and their associates."
She further explained that, "Criminal investigation in Nigeria traced stolen funds to a number of foreign countries including Switzerland, United Kingdom, Luxembourg, Liechtenstein and New Jersey."