Babangida's $12.4bn Gulf War Oil Windfall Theft: AGF Asks Court To Hands-off Suit, Claims Okigbo Report Lacks Credibility-VANGUARD

Former military dictator Ibrahim Babangida
By Ikechukwu Nnochiri

ABUJA – In a bizarre legal move, the Attorney  General of of the Federation and Minister of Justice, Mohammed Bello Adoke, SAN, has approached the Abuja Division of the Federal High Court, asking it to hands-off the suit that is seeking to expose how $12.4 billion oil windfall money that accrued to the Federal Government between 1988 and 1994, was spent.

It was a coalition of six Civil Society Groups,  led by the Socio-Economic Rights and Accountability Project, SERAP that instituted the action under the Fundamental Rights (Enforcement Procedure) Rules 2009.

Specifically, the plaintiffs had beseeched the court for “an order of mandamus compelling the respondents, individually and/or collectively, to publish detailed statement of account relating to the spending of $12.4 billion oil windfall between 1988 and 1994, and to publish in major national newspapers a copy of the statement of account.”

It would be recalled that in 1994, the Federal Government constituted the Pius Okigbo Panel with a mandate to investigate the activities of the CBN and recommend measures for the re-organization of the apex bank.

In the course of its assignment, the Okigbo Panel reportedly uncovered that about $12.4 billion that was reserved in the ‘Dedicated and Special Accounts’, was depleted to $200 million by June 1994.

Consequent upon the alleged mismanagement of the said $12.4 billion by the then military Head of State, General Ibrahim Babangida, the investigative Panel, recommended an immediate discontinuance of the said ‘Dedicated and Special Accounts’.

Though Presiding Justice Gabriel Kolawole had concluded hearing on the case since October 2011, however, judgment on the case has continued to suffer series of adjournment, a development the plaintiffs said was aimed at thwarting the course of justice and transparency, regarding how the missing fund was allegedly siphoned into private pockets.

On six successive occasions that the trial Judge invited all the parties to court for the judgment, he ended up sending them back on the excuse that there were minor typographic errors he said needed correction.

Likewise, though he earlier fixed the case for judgment today, however, when the matter was called up, Justice Kolawole apologized to all the parties, saying the judgment was not yet ready, adding that the AGF recently served him with a motion challenging the jurisdiction of the court to hear and determine the issues raised by the plaintiffs.

Consequently, Justice Kolawole, said he would need time to properly scrutinize the fresh motion with a view to incorporating it in the judgment he promised to deliver on November 29.

Remarkably, aside today, some of the dates the judgment suffered sudden adjournments included October 20, 2011, April 27, 2012 and July 27.

Meantime, the plaintiffs have already filed a counter-affidavit, challenging the competence of the AGF’s motion seeking to scuttle the verdict.

It was also the contention of the AGF that the plaintiffs lack the locus-standi to institute and maintain the action.
SERAP had in its suit, pleaded the court to order the AGF to not only prosecute anyone indicted by the Okigbo report, but to also recoup the money from them and return same to the national treasury.

Besides, the plaintiffs beseeched the court for an order directing the respondents to provide adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition to millions of Nigerians that had been denied their human rights as a result of the respondents’ failure and/or negligence to ensure transparency and accountability in the spending of $12.4 billion oil windfall between 1988 and 1994.

In two separate preliminary objections by the AGF and the Central Bank of Nigeria, CBN, which was equally joined as a respondent in the suit, they pleaded the court to dismiss the suit in its entirety.

The AGF and the CBN, unanimously urged the court to reject the Okigbo panel report, saying it was not admissible in law considering that it was not published in a gazette, neither was an official white paper issued on it.

The respondents maintained that they could not find the Okigbo report, and had no duty to render account on the spending of the accrued revenue.

The CBN insisted that the suit was non justiceable, contending that it was not covered under the fundamental rights provisions of sections 33-46 of the 1999 Constitution.

The CBN submitted that only the AGF, as a defender of public interest, had the right to seek information on the spending of the $12.4 billion oil windfall, insisting that the plaintiffs had no such right.

However, the plaintiffs countered by saying that it was “the failure of the AGF to carry out his duty in this respect,” that prompted their legal action against the government in the first place.

The plaintiffs had equally contended that: “The diversion and/or mismanagement of the $12.4 billion oil windfall was a violation of Nigerians’ right to natural resources and wealth and to economic development, as recognized and guaranteed by 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act)”, noting that under the African Charter, the Nigerian government has a legal responsibility to utilize the natural resources of the country so as to benefit the whole people.

“Just as the people of every sovereign state have a permanent right to choose their form of government, so the people are entitled to insist that the natural resources of the nation is exploited in the interest of the people”, they argued.

 

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@akpos: You are a moron

@akpos

People like you are a failure in life and hence you attribute everything to ethnicity. Even when you are too wek to make your wife pregnant, Hausa and Yorubas are responsible. ! Myopic idiot thinks Mohammed Bello Adoke is a Yoruba man !
Can the akpos fool explain to us what was his Clownish brother Jonathan watching, while his appointed AGF Adoke, is thwarting the cause of justice to nab IBB ?

Only fools like akpos see North/South divide; Jonathan sees comrades in looting. Where was akpos when Jonathan awarded Justice Kuta, who condemned Saro Wiwa to death, with a national honour ? Where was akpos when jJonathan awarded Dangote the second highest national honour in Nigeria.

post a comment

I read different comments from different naija sistas & brothers; as be they moslems or christian oooo,all the same.
we are all one Nigerian. The only problem in naija now is greed and materialism that both past leaders and present ones ignore, that is why corruptions succeeded to settled its demonic grips in the entire landscape of naija. The only solution is for masses to put head together and vote out Jonathan administration because the old bridges of leaders still command strong influences that is why he is a lame duck. Even de current crops of military leaders are already corrupt cults of group unlike those fifties disciplined groups of officers. Naija situation is really comatose for decades and extremely damaged.Salvaging it will take only God/Allah supreme intervention.

post a comment

I read different comments from different naija sistas & brothers; as be they moslems or christian oooo,all the same.
we are all one Nigerian. The only problem in naija now is greed and materialism that both past leaders and present ones ignore, that is why corruptions succeeded to settled its demonic grips in the entire landscape of naija. The only solution is for masses to put head together and vote out Jonathan administration because the old bridges of leaders still command strong influences that is why he is a lame duck. Even de current crops of military leaders are already corrupt cults of group unlike those fifties disciplined groups of officers. Naija situation is really comatose for decades and extremely damaged.Salvaging it will take only God/Allah supreme intervention.

Gulf Wind-Fall

Whether it was Jona who swallowed the whale or the whale swallowed Jona, there was a SWALLOW. Whether it was IBB who swallowed $12billion or OBJ who swallowed $16billion there was a swallow, and the swallow/gulp continues.Thank you.

Yoruba - Cowards for life

Yoruba, cowards for ever. If not, what is a Fulani Emir doing in Illorin?

What is the Oba from Great Benin Kingdom doing in Ife? Recall that it was a Benin Prince called Ekalederhan who left Benin & conquered Ife & became King taking the title & name of Oduduwa. So Oduduwa is actually from the present day Benin in Edo State. Oduduwa is a Benin word.

....again why do we have so many Yoruba slaves in the diaspora? Because they are cowards who never resisted the stupid white folks. The Yorubas kept prostrating before the american , brazillian & Jamiacan slave merchants, so they just captured them like chickens & put them in ships en route to slave detinations. This cowardice rules their lives till date.

Long live the United States of The SS & SE

Eat, drink and be Merry, for tomorrow you WILL die. (VII)

We are still waiting for a saviour. If BH will not get us first, HIV, hunger, flooding will.

As for Subplots where do we even start. This will include, Oil subsidy, Power, Scania, Siemens, Sagem, NEC, Fertilizer, Port demurrage, NNPC, Refinery, Transcorp, BPE, UBE, NEC, Monetisation, Dubai, Germany, Cabal, BH, Third term and list goes on.

Corruption is a well established industry headed by GEJ as the Commander. The likes of Adoke are mere pawns.

I actually think that any word you pick from a hat would be a centre-point of corruption in Nigeria. So far $12.4 billion dollar is the biggest amount any Nigerian is known to have acquired. Not to worry. Every thing has an expiry date. Remember Obey's song..awon to laye lana da wonti ku won ti lo.. http://www.youtube.com/watch?v=vT4osfiw4Fk

If you have food eat drink and be merry for tomorrow you will die.

If not, write a story based on this theme and you will join the Jet group.

Eat, drink and be Merry, for tomorrow you WILL die. (VI)

Stage 3. In comes some prostitutes from India or wherever. That apple that exposed Adam also got him. There is question as to who planted the apple. Is it Viagra, apple that AIC doctored or is it in-fighting? In another scene, someone talks about tea also playing a pivotal role in settling the scores. There are too many coincidences. Gen A. meantime is only too happy to stay 9 months not until all our reserves are spent on elections! Nigerians want democracy by all means, no matter the cost!

Comments
For 52 YEARS Nigerians are reeling from the amount that has changed hands instead bettering the lives of the common man. We are still the happiest in the world, come 2013, Nigeria is the worst place to be born. We donate Jets generously to those who pastor us, yet majority of us barely survive on $2 a day.

Eat, drink and be Merry, for tomorrow you WILL die. (V)

Nigerians were only too happy to see him nimbly step aside waiting his turn another day. The election he set up, roundly won by his business partner Alhaji A., was unexpected, totally upsetting the written script. He is a muslim, but not a Northern one. Even Northern Muslim, strongman of Kwara, was denied.

Mr UAC, used to assuage Nigeria for 6 months. Gen. A.then arranges how money can be carted directly from Nigerian Central Bank to those Swiss numbered accounts. He stamps his authority. For the first time Nigerians were cowered. No one really knows if he is an alien planted here with those dark glasses he wore all day. Gen. O., Gen I., are doumbfounded. Mr T. (an aspiring Awolowo) plays a pivotal role in giving him a hard time from USA. Meanwhile Gen O. is cooling his heels in Prison, Alhaji A.'s business is crashing then he is clamped in jail, Gen Y. dies mysteriously in Prison.

Eat, drink and be Merry, for tomorrow you WILL die. (IV)

Stage 2
In comes Gen. B. whose Hero is Gen M. He fashions his government after him. Nightmare starts all over. The Professional coup arranger is thought to be working for 'AIC'. The home country of AIC do not like the way the 'trade by batter' fire is burning. Keynesian economic theory they know, this crude exchange of cowrie shells with palm kernel type of economics is an affront.

Gen B. allows boxes in that no one is sure contains only quranic materials. The drug cartel are jittery; their act of making Nigeria a drugs transhipment center is unravelling, so the experienced Gen. B. with a toothy smile STEPS IN. Nigerians make him STEP ASIDE after 8 years of extracting his pound of flesh with the not dissimilar IMF economic bitter SAP pills rammed down the throat of naive Nigerians with a grin. The alleged $12.5 billion oil windfall is all in Okigbo report. No one really saw it evaporate to Alexandria in Egypt and somewhere close to Champs Elysee!

Eat, drink and be Merry, for tomorrow you WILL die. ( III)

There is no new dawn. Gen. M. is killed in a coup, circumstance reeks of AIC involvement. Gen O., his meekly assistant, fearfully takes over, operates a low profile, shunning ostentation but decreeing a land reform that allows him to retire in his farm to complete his experiment on OPERATION FEED THE VILLAGE!

OFN was a failure Nationally. Sadly, farm product prices sank, he is pauperized! Out of power in Nigeria is out of mind! Before Gen. O. left, he left a legacy of electoral debacle; mathematical riddle where 2/3 is not exactly 2/3! Awolowo, the foremost candidate in the race is trumped by a Northern muslim; a great democrat and gentleman. With too many 'cooks': Alhaji D.(man in Mossad box) Prime Minister from North, Alhaji A. (a muslim who should not drink alcohol but his face is plastered on wine bottles) from West, and SS man in the Senate. Nigeria rose to a new level of corruption.

The party is getting too riotous and the people are restless.

Eat, drink and be Merry, for tomorrow you WILL die (II)

Stage 1. Earlier, a youthful General G. who had 7 point agenda with one of them being rooting out corruption heads a government with so much largese, but less wisdom that they organise world scout jamboree, black peoples festival, pays off salaries of any West Indian country that dares to ask. We did not know what to use our money for! In desperation or a mark of his inability to fulfill his promises, he then seeks to extend his stay. The other Generals cannot wait!

Swiftly comes General of the Generals, Hero of the civil war; General M., a man that blew Midwest Central Bank, carted away millions, bought rows of houses in Kano, but renounces all that, as he sets himself to chart a new course and direction for Nigeria.

Eat, drink and be Merry, for tomorrow you WILL die

The hilarity and dumb-founding nature of events in Nigeria is the only mechanism that smoothens out, dampens and mellows the tragic and heart wrenching impact these negative activities have had on the voiceless people of my country.

Who needs a script for soap opera with what has happened in Nigeria since OUR independence, arguably prematurely; judging from hindsight. The Nigerian-Biafran war ranks as one of the worst disasters the blackman has faced, closely following behind the decades of suffering wrought by inhumane slave trade and the massacre of 10 million Congolese by the Belgians led by King Leopold II. Consider this:

we are d ones to change our nation n luv one another

i really believe dat nigeria is full of illetracy n tribalism.. Wen ever u check comments abt a particular report, u wil unfortunately findout dat d first thing is either an igbo insulting a yoruba o a hausa man o vice versal.. So dis isnt d solution fellas weda we lyk it o not we have 2 cme together irrespective of our tribe o religion 4 a better NIGERIA.We hav to put hatred aside n luv one another, bcoz it was a mentality dat d white pple hav captivated in us since our forefathers 2 archive their own goals, n dey hav won bt yet we havnt realiize...

yes ooo I agree

Yes ooo I agree,never trust yoruba people never and never.

SANUSI'S HYPOCRISY

" The CBN submitted that only the AGF, as a defender of public interest, had the right to seek information on the spending of the $12.4 billion oil windfall, insisting that the plaintiffs had no such right. "

This exposes Sanusi Lamido Sanusi's hypocrisy. This is a man who pretends to be fighting corruption although we have known all along that he has been acting as conduit for siphoning money for the LAZY Islamic drones

To deal with this properly the AGF and minister of justice should henceforth cease to be Hausa/Fulani or their sympathizers. So also the CBN governor

Islmic justice ...

ISLAMIC JUSTICE
- Same people arrange to release Islamic terrorists and ethnic and religion cleansers

- Use government lodges as operational bases for terrorists

- Use GRA residence of legislators and government officials as arms storage facilities and operational bases

- It is not surprising that they will throw caution to the wind and try to defend the indefensible

WE EXCISIONIST BELIEVE THAT SHARIA NORTH SHOULD BE EXCISED FROM NIGERIA AND ALLOWED TO DEVELOP THEIR ISLAMIC REPUBLIC. THIS IS THE ONLY OPTION FOR PEACE SINCE ALL ATTEMPTS TO ACCOMODATE THEM HAVE ENDED IN FAILURE. WE ARE GAINING SUPPORT EVERYDAY.

Greetings from Copenhagen

excisionist(a)gmx.com

Foolish person .DO YOU TRUST

Foolish person .DO YOU TRUST YOURSELF? ANIMAL!!!

On Credibility.

If we may ask:
How old was Adoke when Okigbo's report was done?
What was Adoke's job when Okigbo was putting the report together?
Where was Adoke when Okigbo's report was put being together?
Who is Adoke compare with Okigbo?
What are the achievements of Adoke compared with Okigbo's towering achievements?
Who lacks credibility, Adoke or Okigbo?

If there is any man that lacks credibility today in Nigeria, it is Adoke that is involved in so many shady deals and corrupt acts. Can Adoke tell us what he has done with Halliburton's corruption case? Can he tell us Nigerians and the entire world
all he has done to the anti-corruption fight in Nigeria?

Adoke should shut up because he lacks credibility!!!

The oil Windfall

When you fight corruption, it is not unusual for corruption to fight back. That is exactly what is happening in this case. For your information, any judgment drafted by Mr. Justice Kolawole will NEVER see light of the day. I commend the coalition of Civil Society Groups for instituting this law suit, however, the corrupt AG have spoken and I can assure you that will put the matter to rest. Having said that, don't be discouraged from fighting against corruption. Una do well.

Come Again!!!!!!!!!!!!!

This is all about June 12 abi? No body even mentions the fact that Obasanjo spent $16billion on electricity with nothing to show for it.This happened only recently compared to the fictitious $12billion apparently stolen by IBB.Question is:Did the country really earn that much money from oil in the entire one yaer period in question?

THIS IS THE OUTCOME WE EXPECT

THIS IS THE OUTCOME WE EXPECT FROM THIS CORRUPT SET OF LEADERSHIP.THE LEADERSHIP OF NIGERIA SINCE 80'S HAS FAILED NIGERIA.THEY WILL NOT DO ANYTHING TO BABANGIDA AND THEY WILL NOT COLLECT THE MONEY BACK.WE YOUNG GENERATIONS WILL NOT FORGET AND IF BABANGIDA IS STILL ALIVE OR DEAD WE WILL STILL BRING THIS REPORT UP AND MAKE IT VALID AND PROSECUTE BABANGIDA EVEN IF IT IS POSTMORTEM.

nonsense talk

if sey i dey near u i 4 literally squeeze life out of ur Godforsaken body. wen last did u walk around ur neighborhood. do u think u r better than those old women selling pure water just to feed their homes? or u think u r better placed n shud never be compared to em? d problem wit naija peeps b sey we too get greed. wia we wan carry d money go even God de wonder. a man in the name of an office for which was never a birth right buh rather is an office which was given him in trust hoping he wud serve d people is using such in an outright attempt to hide criminality n keep d poor dumb n u av d temerity to vomit such vile vernoms saying what about whattribe. who gives a danm about ANY TRIBE. get ur mind straight n understand dat we av been cheated for far too long n do not deserve this bullshit no more.

Rabid Igbo Man

Rabid and demented igbo man,licking pus from all body cavity. Happy like murderers.

@Akpos you can see how

@Akpos you can see how frustrated you can be,if this is your name i guess you must be an Urhobo man.Of what help is Ibori and Udaughan to you and what brought yoruba into this issue.Your cousin GEJ is the president why can you attack him.YOU ARE ONLY DISPLAYING YOUR STUPIDITY.If your region cannot move forward due to your traditional,political and others leaders corrupt roles that has been setting you back.Whose fault.Your leaders sold your land & oil to Hausa/Fulani,they took them to Abuja and abroad lodged them in the best hotels,gave them some money,bought good clothes for them,gave them continental dishes,served them with expensive gin and whiskey while they left the rest of you in the mangrove drinking ogogoro, battling with tsetse flies,monkeys,reptiles,mosquitoes.Left you killing yourselves in ND.YOU BETTER THINK RIGHT FACE YOUR ELDERS WHO SOLD YOU OUT AND STOP CHASING SHADOWS.

@Akpos you can see how

@Akpos you can see how frustrated you can be,if this is your name i guess you must be an Urhobo man.Of what help is Ibori and Udaughan to you and what brought yoruba into this issue.Your cousin GEJ is the president why can you attack him.YOU ARE ONLY DISPLAYING YOUR STUPIDITY.If your region cannot move forward due to your traditional,political and others leaders corrupt roles that has been setting you back.Whose fault.Your leaders sold your land & oil to Hausa/Fulani,they took them to Abuja and abroad lodged them in the best hotels,gave them some money,bought good clothes for them,gave them continental dishes,served them with expensive gin and whiskey while they left the rest of you in the mangrove drinking ogogoro, battling with tsetse flies,monkeys,reptiles,mosquitoes.Left you killing yourselves in ND.YOU BETTER THINK RIGHT FACE YOUR ELDERS WHO SOLD YOU OUT AND STOP CHASING SHADOWS.

Nigeria is Doomed

Corruption beget corruption.Democracy is also demonic for the AGF to tell a court to hands off a case that we all know the truth. God will punish his generation and body in this country this trying to make the poor get poorer.judgement of God is coming upon them

Re windfall

I don't expect any good coming out of this anyway, so why not forget about this and go after the current arned and pen robbers we have in Aso rock state rock and bolo haram rock.

Forget about 2015 Buhari

I wish to use this opportuinity to call on buhari and his well wishers to stop thinking of 2015, since members of his party have fail us in senate and house of representatives and and state assemblies. Buhari should retire from politics since he is old and lost in toch with power since 1985. He should learn from former leaders Gowon, Shagri for the younger once. My advice for the opposition parties is come tigether with credible and serious candidates that might give the ruling party a serious fight, i suggest Elrufai and Fashola ticket will definately give a nightmare to the incubents....i kno people might start opposing the ticket since all of them are muslims but it happen in the past ABIOLA and KINGIBE ticket of june 12...

you don't know what you are

you don't know what you are saying you hausa man disguised as an ibo man. Whether or not jonathan is to be voted out in 2015 the boko haram buhari is not an alternative

Correctly predicted outcome!

The accumulating events depicting the outcome of this case have already been predicted in my earlier reaction to this case. Therefore we should not be surprised when this judge passes an outrageous verdict, if ever he would, on 29 Nov. But see the pitfalls in govt.'s arguments: 1. That the Okigbo Report was not gazetted or received a White Paper; 2. Only the AGF could seek explanation on how the said money was spent. The responses to these two statements are simple: an evidence of an alleged crime does not need to be gazetted to make such evidence admissible, otherwise all the present financial crimes handled by the EFCC must be discontinued since the charges were not gazetted or White Papers published on them! The money in question is public fund and its mismanagement is criminal. The EFCC and Special Fraud Unit have prosecuted such crimes based on public complaints and information. Waiting for the AGF to ask question in the present case is perfidious and a setting of bad precedent.