36 state attorneys general sue Malami over seized assets, recovered funds

They want the supreme court to declare as unconstitutional the failure of the federal government to turn in income and returns obtained from recovered and forfeited assets.

JUSTINA MBOHO • August 16, 2021

A composite of Abubakar Malami, Zainab Shamsuna Ahmed and Muhammed Buhari used to illustrate the story

The 36 state attorney-generals in Nigeria have sued Abubakar Malami, attorney-general of the federation over seized assets and recovered funds.

In an originating summons filed before the supreme court, the state attorneys sought the court to stop President Buhari through Ms Zainab Shamsuna Ahmed, and Mr Malami from maintaining any other accounts for remitting assets recoveries and forfeitures other than the federal government accounts provided in the constitution as it is unconstitutional.

They want the apex court to declare as unconstitutional for Mr Buhari or his appointees, Ms Zainab and Mr Malami, to “maintain any other accounts in the central bank of Nigeria such as Asset Recovery Account and the Interim Forfeiture Recovery Account or indeed any other account however for the purpose of remitting all the receipts, income, returns or proceeds derived from all assets recovered, seized, confiscated and forfeited other than the federal government account established under section 162 of the constitution of the of the federal republic of Nigeria 1999,” the document read.

“The failure and/or refusal of President Muhammadu Buhari, the minister of finance, the office of the AGF, and the accountant-general of the federation, and all other relevant authorities and/or agencies of the federation to remit the receipts, income, returns or proceeds derived from all assets recovered, seized, confiscated and forfeited into the federation account to be distributed in accordance with the provisions of section 162 of the Constitution of the federal republic of Nigeria 1999 among the Federal, State and local Government is unconstitutional,” the document said.

The summons contained an order of the court for the aforementioned persons to account for the income received from seized assets and recovered funds to the tune of N1.8 trillion.

“Mr Buhari, Ms Ahmed and Mr malami have a duty to account for all the receipts, income, returns or proceeds derived from all assets recovered, seized, confiscated and forfeited to the federal republic of Nigeria in the sum of N1,836,906,543,658.73 (Cash) and N450,000,000,000.00 (Non-cash) which were nice remitted to the federal account in line with section 162 of the constitution,” the document said.