Sani Abacha

Abstract

Introduction

General Sani Abacha was the military dictator of Nigeria from 17 November 1993 to 8 June 1998, when he died suddenly of a heart attack. Abacha was close to the central power base of successive military governments in the coastal West African nation of Nigeria, and finally assumed power himself through a coup in November 1993. Trained in Nigeria, Great Britain and the United States, Abacha began his career as second lieutenant in the Nigerian Army in 1963, rose through the ranks to the Armed Forces Ruling Council (AFRC) and eventually became head of state.

While continuing to assert his intention to bring democratic civilian rule to Nigeria, Abacha was criticised by prominent Nigerian democracy campaigners, human rights advocates, civil rights lawyers, and world-renowned authors. These critics doubted his sincerity and commitment after 11 straight years of virtually uninterrupted military rule in Nigeria, all accompanied by promises made by other dictators for a return to democracy.

General Abdulsalami Abubakar was appointed head of state upon the death of his predecessor. He re-established democracy in Nigeria, arranging for general elections that resulted in Olusegun Obasanjo assuming the presidency as the democratically elected leader of the country in 1999. Even before Obasanjo took office, Abubakar's interim government had delivered a clear message to the Abacha clan, namely that Abacha had looted huge sums, and they had to be restored. Members of the Abacha family and some of their accomplice 'voluntarily' returned approximately USD 1 billion to the Federal Government of Nigeria during the tenure of General Abdulsalami Abubakar.

Obasanjo's government has implicated the deceased general and his family in wholesale looting of Nigeria's coffers. The extent of his venality seems to have surpassed even that of more notorious African rulers such as the late Mobutu Sese Seko of Zaire (now called the Democratic Republic of the Congo). It was estimated that the embezzlement of public funds and corruption proceeds amounted to USD 4 billion.

According to post-Abacha government sources, some USD 3 billion in foreign assets have been traced to Abacha, his family and their representatives, and accomplices.

In 2002, the Nigerian government tentatively came to an agreement with the Abacha family to return USD 1 billion out of USD 1.1 billion that had been identified, traced and frozen, with the quid pro quo that the Abachas would be allowed to keep balance that had been assessed not to be of criminal origin. Although this proposal caused a massive outcry at the time for seeming to reward the theft of public funds, it was subsequently rejected by the late dictator's son, Mohammed Abacha, who continued to maintain that all the assets in question were legitimately acquired. Abacha was listed as the world's fourth most corrupt leader in recent history by Transparency International in 2004. Estimates of the amount looted by Abacha during his five years in office vary from USD 2 to 5 billion. The higher figure represents about 10% of Nigeria's annual income from oil over five years. The sum includes monies allegedly derived from the systematic misappropriation of funds from the Central Bank of Nigeria, bribes received from foreign companies.

Since Obasanjo's government came to power, requests for mutual legal assistance have been submitted to Liechtenstein, Luxembourg, Switzerland, the UK, Jersey and the US.

From September 1999 to date, approximately USD 1.2 billion has been repatriated to the Federal Republic of Nigeria (including from Switzerland, Luxembourg, Jersey, Liechtenstein, Belgium and the UK).

In February 2005, the Swiss Federal Court rejected the appeal formed by the Abachas against the repatriation of the most of the funds frozen in Switzerland, totalling about USD 468 million, approximately USD 40 million remaining frozen until the Abachas were given the opportunity to attempt to demonstrate that they were not of criminal origin.

An additional USD 700 million were 'voluntarily' returned or forfeited in the context of criminal proceedings initiated in Switzerland, Jersey and Liechtenstein.

The Abacha family funds remaining frozen in Luxembourg and Liechtenstein total approximately USD 500 million.

While there have been significant developments in all these countries, this Chronology centers upon events in Switzerland for purposes of brevity and focus. Switzerland provided mutual legal assistance based on national law and a declaration of reciprocity. In addition to freezing about USD 640 million, the Swiss judicial authorities handling the case have also indicted Mohammed Abacha and Atiku Bagudu under Swiss legislation regarding money-laundering, fraud and taking part in a criminal organisation.

Chronology

Click above for a detailed chronology of the Abacha proceedings has been compiled by ICAR. This document is intended to be used for instructional purposes and is not an exhaustive listing of all events in the Abacha proceedings.