An Abuja High Court yesterday adjourned the case againstMohammed Abacha to July 29 while the Swiss authorities reprimanded yesterday the country’s largest bank, UBS, on account of the discovery of $60 million in an account linked to the Abachas.

Following its acquittal, last Thursday, of Mohammed Abacha, over alleged involvement in the June 4, 1994 murder of Alhaja Kudirat Abiola, the Supreme Court has issued a warrant authorising Mohammed’s release from prison.

But this is on the condition that there is no other litigation against him.

However, an Abuja High Court yesterday adjourned the case against Mohammed and Atiku Bagudu to July 29 while the Swiss authorities reprimanded yesterday the country’s largest bank, UBS, on account of the discovery of $60 million in an account linked to the Abachas.

Justice Modibo Alpha Belgore of the Supreme Court in warrant to discharge from prison on Appeal No-SC.290/2001 and gazetted as FGP 1393/973/6,000, addressed to the keeper of the Federal Prisons, Kuje, FCT said:

“Whereas Alhaji Mohammed Sani Abacha was committed to your custody under a warrant dated the 11th day of December, 2000, wherein it was recited that the said Alhaji Mohammed Sani Abacha was remanded in your prisons.”

“This is to command you to discharge the said Alhaji Mohammed Abacha so committed, unless he shall be in your custody for some other cause.”

At about 4.00 p.m. yesterday, counsel to Abacha, Mr. Yunus Ustaz Usman(SAN) filed an application for bail in the suit filed by the Federal Government against him (Abacha) for theft and financial crime.

In the application for bail, Abacha promised not to jump bail if granted.

He also said he would always present himself in court any time a matter against him is slated to come up.

Earlier in the day, proceeding in the said matter could not hold as the presiding Judge, Justice Dahiru Saleh said he was yet to receive the referral made to the Court of Appeal for the interpretation of Section 5 of the Forfeiture of Assets (Certain Persons) Decree 5 of 1999, Section 6 of Decree No. 107 of 1993.

On the 23rd of October, 2000, Abacha had applied for an order quashing the 111 count-charge preferred against him on the grounds that the said decrees protected him from being charged or tried.

Justice Saleh therefore, following an opposition by Federal Government’s counsel, referred the said decrees to the Court of Appeal for interpretation.

Charges against Abacha include:

“That you Mohammed Abacha on or about the 6th day of January, 1998 at Abuja in the Abuja Judicial Division dishonestly received stolen property to wit. The sum of 10,000,000.00 Pounds Sterling (ten million British Pound Sterling) property of the Government of the Federal Republic of Nigeria, having reason to believe same to be stolen and you thereby committed an offence punishable under Section 317 of the Penal Code and triable by the high court.”

“That you Mohammed Abacha and Abubakar Atiku Bagudu on or about the 6th day of January 1998 at Abuja in the Abuja Judicial Division agreed to do an illegal act to wit: Voluntary assist in concealing stolen property the sum of 10,000,000.00 Pound Sterling (ten million British Pound Sterling) belonging to the Government of the Federal Republic of Nigeria.”

“That you Mohammed Abacha and Abubakar Atiku Bagudu on or about the 6th day of January, 1998 at Abuja in the Abuja Judicial Division voluntarily assisted in concealing money to wit: the sum of 10,000,000.00 Pound Sterling (ten million British Pound Sterling) property of the Federal Government of Nigeria which you had reason to believe the same to be stolen property and you thereby committed an offence punishable under Section 319 of the Penal Code and triable by this court.”

“That you Mohammed Abacha on or about the 9th day of January, 1998 at Abuja in the Abuja Judicial Division dishonestly received stolen property to wit: the sum of 10,000,000.00 Pound Sterling (ten million British Pound Sterling) property of the Government of Federal Republic of Nigeria having reason to believe same to be stolen and thereby committed an offence punishable under Section 317 of the Penal Code and triable by the high court.”

“That you Mohammed Abacha and Abubakar Atiku Bagudu on or about the 9th day of January, 1998, at Abuja in the Abuja Judicial Division agreed to do an illegal act to wit: Voluntarily assist in concealing stolen property, the sum of 10,000,000.00 Pound Sterling (ten million British Pound Sterling) belonging to the Government of the Federal Republic of Nigeria having reason to believe same to be stolen property and you thereby committed an offence punishable under Section 97(1) of the Penal Code and triable by this court.”

“That you Mohammed Abacha and Abubakar Atiku Bagudu on or about the 9th day of January, 1998 at Abuja in the Abuja Judicial Division voluntarily assisted in concealing money to wit: the sum of 10,000,000.00 Pound Sterling (ten million British Pound Sterling) property of the Government of the Federal Republic of Nigeria which you had reasons to believe to be stolen property and thereby committed an offence punishable under Section 319 of the Penal Code and triable by this court.”

“That you Mohammed Abacha on or about the 12th day of January, 1998 at Abuja in the Abuja Judicial Division dishonestly received stolen property to wit: the sum of 9,000,000.00 Pound Sterling (nine million British Pound Sterling) property of the Government of the Federal Republic of Nigeria having reasons to believe same to be stolen and thereby committed an offence punishable under Section 317 of the Penal Code and triable by the high court.”

“That you Mohammed Abacha and Abubakar Atiku Bagudu on or about the 12th day of January, 1998, at Abuja in the Abuja Judicial Division agreed to do an illegal act to wit: Voluntarily assist in concealing stolen property, the sum of 9,000,000.00 Pound Sterling (nine million British Pound Sterling) belonging to the Government of the Federal Republic of Nigeria which you had reason to believe to be stolen property and you thereby committed an offence punishable under Section 97(1) of the Penal Code and triable by this court.”

“That you Mohammed Abacha and Abubakar Atiku Bagudu on or about the 12th day of January, 1998 at Abuja in the Abuja Judicial Division voluntarily assisted in concealing money to wit: the sum of 9,000,000.00 Pound Sterling (nine million British Pound Sterling) property of the Government of the Federal Republic of Nigeria which you had reason to believe to be stolen property and thereby committed an offence punishable under section 319 of the Penal Code and triable by this court.”

“That you Mohammed Abacha on or about the 27th day of January, 1998 at Abuja in the Abuja Judicial Division dishonestly received stolen property to wit: the sum of $25,000,000.00 (Twenty-five million US dollars) property of the Government of Federal Republic of Nigeria having reason to believe same to be stolen and thereby committed an offence punishable under Section 317 of the Penal Code and triable by the High Court.”

Swiss regulator indicts UBS

Meanwhile, Switzerland’s banking watchdog issued a reprimand yesterday against the country’s largest bank, UBS, following the discovery of 60 million dollars in an account linked to the family of late Gen. Sani Abacha earlier this year.

The Swiss Federal Banking Commission said in a statement that its investigation had found that UBS had not done enough to identify the account holders and beneficiaries under Swiss anti-money laundering regulations.

The regulator ordered the bank to submit to an independent on-site audit of its application of due diligence standards next year.

“The Federal Banking Commission concluded from its investigations that UBS had failed to fulfil its duty to collect detailed information and review the economic background for unusual business relationships, in connections with the opening of the account in 1996,” the statement said.

UBS announced in February that it had discovered the account opened by a British client with Nigerian business partners, more than three years after high-profile legal action had been launched to seize hundreds of millions of dollars of Abacha assets held in Switzerland.

In April, Nigeria reached a landmark deal with Switzerland, Luxembourg and Liechtenstein on the restitution of more than one billion dollars embezzled by the Abacha clan and deposited in European banks. In all, Switzerland returned about $615 million. In a previous inquiry two years ago, the Federal Banking Commission condemned six banks, including Credit Suisse, for ignoring money-laundering rules when they handled funds embezzled by the Abacha clan. But its investigation at the time did not find flaws or wrongdoing at UBS.

Lemmy Ughegbe, Vanguard (Lagos), July 16, 2002