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Access to frozen loot: The Abachas bite the dust again - P.M.NEWS

JANUARY 22, 2021

By Ebere Agozie/Abuja

The Supreme Court, has for the second time, rejected the request by Alhaji Ali Abacha, a brother to the late Head of State, Sani Abacha, to unfreeze accounts traced to him and relatives of the late Abacha in the United Kingdom, Switzerland, Jersey, Liechtenstein and Luxembourg.

In a unanimous judgment on Friday, a five-man panel of the court, led by Justice Sylvester Ngwuta held that Ali Abacha’s case was statute barred, when it commenced in April 2004, at the Federal High Court in Kaduna.

The judgment was in the appeal marked: SC/359/2010, filed by Alhaji Ali Abacha, said to be a brother of the late Gen Sani Abacha.

In the lead judgment prepared by Justice Kudirat Kekere-Ekun, but read on Friday by Justice Ejembi Eko, the court held that, having dismissed a similar appeal in an earlier judgment given in February last year, it had no reason to depart from its reasoning in that case brought by Alhaji Abba Mohammed Sani on behalf of the Abacha family.

The court said it noticed that the appellant, in this appeal, was represented by Reuben Atabo who, incidentally, was the appellant’s counsel in the earlier appeal.

“No new superior arguments were proffered here to warrant a departure from the decision in the case of Alhaji Sani, earlier decided. This appeal fails, and it is hereby dismissed.

The appeal was against the July 19, 2010 unanimous judgment of the Court of Appeal, Kaduna division, in which a three-man panel set aside the Sept. 24, 2004 judgment by Justice Mohammed Liman of the Federal High Court, Kaduna, earlier given in favour of Ali Abacha.

Ali Abacha had sued at the Federal High Court, Kaduna in 2004, challenging among others, the 1999 decision by the Olusegun Obasanjo administration, acting through the Attorney General of the Federation (AGF) and Minister of Justice, Kanu Agabi (SAN), to request the freezing of all accounts traced to the late Abacha, his family members and relatives in the United Kingdom, Switzerland, Jersey, Liechtenstein and Luxembourg.

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