THERE may be no hiding place for Nigerian politicians planning to escape the long arm of the law, especially after the handover of power on May 29.
America’s Federal Bureau of Investigation (FBI) has declared that it is ready to extradite such fleeing political office holders if asked by the Nigerian government to so do.
The Economic and Financial Crimes Commission (EFCC) has set in motion plans to ensure that elected public officers, particularly state governors, who currently enjoy immunity from prosecution, are tried after the handover date.
However, officials of the FBI recently explained that if the Nigerian government makes a request to the appropriate United States (U.S.) authorities, in this case the State Department, and the latter passes on such a request to the FBI to help apprehend such individuals, the U.S. law enforcement agency would act.
During an interaction in New York with foreign reporters, Austin Berglas, an FBI Special Agent told The Guardian: “FBI will act if the Nigerian government asks and the State Department wants to, but the FBI does not make the decision. We are the main law enforcement agency.”
He said based on the extradition agreement between Nigeria and the U.S., certain paper work would be done and once there is agreement between both countries, the U.S. government can then ask FBI to go and find the fleeing individuals.
The FBI official went further: “The Nigerian government, through its diplomatic mission here in the U.S. will do that – file the necessary papers – your government lawyers will co-ordinate with the Justice and State Departments here requesting the extradition based on Nigerian law.”
According to him, the U.S. State Department, an equivalent of the Ministry of Foreign Affairs, will then determine whether the U.S. will honour the extradition request. “The FBI will get the persons and extradite them once the State Department makes the determination to have the extradition,” he restated.
The FBI’s Public Affairs Officer, Neil Donovan on his part, added that extradition would also depend on what the Nigerian constitution says and the treaty between both countries. He said the treaty is where the FBI as a U.S. law enforcement agency would derive its authority to act, including the provision of facts of the case against the person to be extradited.
Donovan said if such a Nigerian official has violated the laws of the country, “we will do act.”
He, however, added that the FBI is not the only player, disclosing that the Justice Department through a U.S. Attorney’s office are the main players. Other relevant agencies in the U.S. government that the FBI will work with and which will play a role, he said, are the U.S. Marshall Services, which is the agency mandated to apprehend fugitives from the law.
At the recent media interaction in New York, the FBI officials who spoke included Teresa Carlson, Assistant Special Agent-in-Charge, Ben Berry, Austin Berglass and David Chaves, all FBI’s Supervisory Special Agents.
They said Nigeria is one of the 59 countries of the world where the FBI now has legal attaches adding that FBI’s relationship since the office was opened about seven years ago has since improved.
Berry, who is in charge of FBI’s Bank Fraud Squad noted “we continue to see a lot of scam and schemes from West Africa and lottery scams as well from other parts of the world.” He acknowledged that “things are getting better” nonetheless.
The Nigerian government has already opened discussions with its U.S. counterpart on how to ensure that “fleeing governors” who have been and may be indicted by the EFCC and the Independent Corrupt Practices Commission (ICPC) after May 29 are sent back home to face trail.
The EFCC and the ICPC, it is believed, have drawn up a list made up mainly of outgoing governors whose activities they have been investigating. It is believed that many of the governors may try to travel out of the country immediately after the handover in May to prevent any action against them by the government.
A U.S. Department of Justice Spokesman, Bryan Sierra, confirmed to The Guardian that his country has an extradition treaty with Nigeria. He added however that “the Department of Justice cannot and will not comment on matters related to extradition request from other countries.”
Nigeria is one of the countries in the world with which the U.S. has a bilateral Mutual Legal Assistance Treaties, (MLATs).
The MLATs, according to U.S. State Department “obligate the Requested State to provide the Requesting State with certain kinds of evidence, such as documents, records, and testimony, provided that treaty requirements are met.”
The U.S. entered into the MLATs with Nigeria, according to U.S. State Department sources in order to “enhance our ability to investigate and prosecute a variety of crimes, including violent crimes, drug-trafficking, terrorism, money-laundering and other financial crimes.”
Justifying the intention of the U.S. government in 2000 to sign an MLAT with Nigeria, the U.S. State Department told the U.S. Congress that countries under the MLATs “assist each other in proceedings related to the forfeiture of the proceeds and instrumentalities of criminal activity, to the extent such assistance is permitted by their respective laws. Such assistance may prove invaluable insofar as it is used to deprive criminals, including international drug-traffickers and members of organized crime, of the benefits of their criminal activity. The bilateral MLATs also provide that forfeited and seized assets or the proceeds of their sale may be transferred to the other Party.”