Monitoring Abacha Loot: Nigerian Civil Society's Experience (2004-2019)

1. Non-State Actors Monitoring of Returned Assets: Abacha One and TwoThe Nigerian Experience(2004-2019) David Ugolor, Executive Director The Africa Network for Environment and Economic Justice(ANEEJ), At Multi-Stakeholder Workshop on the United Nations against Corruption and its Review Mechanism, Addis Ababa, 8-11 April 2019

2. Introduction: What to do with $505.5 million Abacha Loot? • Civil Society from Nigeria and Switzerland organised an International Conference that brought stakeholders together to establish the first National platform to engage in advocacy on asset recovery in Nigeria • The launching of the Nigerian Network on Stolen Assets(NNSA) provided the unique platform with which civil society used to demand for the monitoring in 2006 • The Federal Government of Nigeria initially refused to accept civil society monitoring • The Swiss Coalition on Abacha Loot and Nigerian Civil Society launched an international advocacy/lobby towards the Swiss and Nigerian Government • Heinrich Boell Foundation and Swiss Government provided funding for the Joint Independent Monitoring • The World Bank Produced an Official Report and Nigerian Civil Society also produced an Independent Report, “Shadow Report on Abacha Loot”. • The Obasanjo’s Government response to the Shadow Report was very poor

3. Disbursement of $322.5millions to 300,000 Poorest of the Poor in Nigeria(Abacha Two) • The Swiss Court ruled that $321 millions of Abacha Loot should be returned to Nigeria and the World Bank should monitor the process • The Nigeria and Swiss Government negotiated MOU for the return and Civil Society represented by David Ugolor of ANEEJ participated in the MOU negotiation process • Both parties agreed to use the $322.5millions for Conditional Cash Transfer(CCT) for the Poorest of the Poor in Nigeria. • Over 300,000 Poorest of the Poor were targeted to benefit from the cash disbursement • ANEEJ initiated National Civil Society Monitoring of the $332.5m Programme: Monitoring Recovered Assets through Transparency and Accountability(MANTRA) with support from UKAID • Over 30,778 are benefitting from the MANTRA Programme in Nigeria and the disbursement of the N5000 Monthly per person is currently ongoing

4. Campaign to Return the $480millions from the United States( Abacha Three) • Research • Advocacy towards the United States, United Kingdom and Jersey • Nigerian Network on Stolen Asset(NNSA)/ANEEJ/MANTRA engagement to ensure civil society participation in the ongoing negotiation between Nigeria and US Government • Civil Society exploring opportunities for global campaign to secure the application of GFAR Principles in the negotiation around the Abacha Three • Organising Public Dialogue in Nigeria, UK and United States to provide civil society perspectives in the use of the Abacha Three

5. Structure of the Monitoring in Nigeria • Advocacy • Campaign • Training • Monitoring

6. Challenges and Lessons from the Monitoring • Access to information and the cooperation of government agencies was not easy • Fund transfer into 2005 National Budget and space for civic engagement was limited • No access to the information on the entire projects and World Bank selected the 50 projects for monitoring • Monitoring Tools was developed by the Consultant hired by World Bank without the input of Civil Society • Funding to sustain a long-term institutional framework was not available even though the Busan and Accra Commitments provided political support • Building alliance between Civil Society from requesting and requested countries provides a platform to sustain civic engagement on asset recovery • Public Outreach through the Shadow Report on Abacha Loot provides public information

7. Lessons from Abacha One, Two and Three • Civil Society critical role in raising public awareness provided credible source of information for the citizens and media • Cooperation between Civil Society and Government provided alternative perspectives to the MOU developed between the Nigerian and Swiss Government • Civil Society monitoring of the recovered assets provided check against re-looting • Returning of Abacha loot help to raise awareness on how political leaders abuse the position for private benefit • Civil Society started to work closely with NGOs in Switzerland and also engaging the Swiss Embassy/government

8. GFAR and Accountable Asset Return Principles • https://cifar.eu/wp-content/uploads/2018/10/20171206_gfar_communique.pdf • GFAR Ten Principles • Partnership • Strengthening anti-corruption and development • Mutual Interest • Early Dialogue • Transparency and Accountability • Beneficiaries • Case- Specific Treatment • Consider using an Agreement under UNCAC Article 57(5) • Preclusion of Benefit to offenders • Inclusion of non-governmental Stakeholders

9. Accountable Asset Return Principles • https://star.worldbank.org/sites/star/files/cso_user_guide_ukraine_-_english_final.pdf

10. Recommendations • Civil Society should strengthen their capacity to engage the government • Broad alliance will provide more impact in the public awareness across the country • The media, professional groups and community based organization should be involved in the monitoring • Context should be considered when considering which method to adopt in producing a report. • The medium to share the report should be considered and how to use the report to influence policy that will strengthen transparency and accountability • Legal framework for monitoring should be design to provide support to all stakeholders