The Supreme Court on Friday dismissed an appeal by the family of the late Head of State, General Sani Abacha, seeking to unfreeze some his accounts domiciled in the United Kingdom, Switzerland, Jersey, Liechenstein and Luxembourg.
The accounts were blocked in 1999 on the orders of the Nigerian government.
A five-man panel of the aoex Court in a unanimous decision, said that it was too late for the late Head of State’s family to query the decision taken by the Federal Government of Nigeria in 1999, via a letter authored by the then Minister of Justice and Attorney General of the Federation (AGF), Kanu Agabi (SAN).
Justice Chima Nweze, who gave the lead judgment, held that in view of the evidence presented by parties, he was left with no other options than to uphold the earlier concurrent decisions of the two lower courts (the Federal High Court, Kano and the Court of Appeal, Kaduna division), to the effect that the action was statute barred.
Though Justice Nweze was absent at the court’s proceedings on Friday, he said in the lead judgment read by Justice Amina Augie: “In all forms, with the eloquent submission of the respondents’ counsel, and submissions anchored on the admitted evidence, I have no hesitation in affirming the concurrent decisions of the lower courts.
“Accordingly, I hereby enter an order dismissing this appeal. I further affirm the concurrent findings and decisions of the lower courts. Appeal dismissed.”
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Counsel to the Abachas, Reuben Atabo in his brief of argument had faulted the decisions of the two lower courts even as he contended that the FG, in asking foreign agents to freeze the accounts traced to the Abachas, acted on a law that was no longer in existence.
According to him, the Banking (Freezing of Accounts) Act of 1st December 1983, which the FG relied on in September 1999 to demand the freezing of the accounts, was repealed on May 29, 1999.
“In other words, between September 1999 and October 2003 when the various acts leading to the freezing of the appellant’s accounts were carried out by the respondents, the Banking (Freezing of Accounts) Act of 1st December 1983 upon which the said acts were carried out or founded, was non-existent, same having been repealed on 29th May, 1999,” Atabo said.
The former Head of State, Sani Abacha was said to have stashed trillions of naira in banks in the UK, Switzerland, Jersey, Liechenstein and Luxembourg.
Other members of the panel that heard the appeal, include Justices Kudirat Kekere-Ekun, Olukayode Ariwoola and Paul Galumje.
