Panama Papers: Falana calls for probe

Falana

A human rights lawyer, Mr. Femi Falana (SAN), has called for the prosecution of Nigerian public officers who are found to be holding foreign accounts in Panama.

According to internal data of the Panama-based offshore-provider, Mossack Fonseca, obtained by the German newspaper, Süddeutsche Zeitung and shared by the International Consortium of Investigative Journalists in 82 countries, the names of some Nigerians have appeared in the secret leak.

It is an offence for a public offer in Nigeria to operate bank accounts in foreign countries. However, it is common knowledge that many are guilty of this crime, yet successive governments have done very little to bring culprits to book.

Nigerians whose names have been linked with the leaked documents include Senate President Bukola Saraki and his predecessor, David Mark. Others are Saraki’s wife, Toyin; former Defence Minister Gen. TY Danjuma; former Delta State Governor James Ibori; Mr. Laolu Saraki; Mr. Obi Asika and Mr. Olufela Ibidapo.

Falana acknowledged that private citizens named in the leak could be exempted from prosecution, but insisted that public officers were liable.

“Private persons are not prohibited from keeping accounts wherever they like. However public officers have always been barred by the Code of Conduct Bureau and Code of Conduct Tribunal Act from operating foreign accounts in any manner whatsoever,” he said.

“To that extent, former and serving public officers whose accounts have been published in the Panama Papers are liable to be prosecuted if they had failed to declare them in their asset declaration forms.

“Secondly, the onus is on them to prove that any funds in such accounts emanated from their legitimate income.”

There were strong indications yesterday that the Economic and Financial Crimes Commission (EFCC) may probe Nigerians associated with secret offshore companies, the Nation said.

An anti-corruption group, the Coalition Against Corrupt Leaders (CACOL) has also called on the Nigerian government to commence immediate investigations into the “gruesome revelations,” according to Premium Times.

The group called on Saraki to resign from office and surrender himself to federal authorities for prosecution.

However, Saraki, who has been has been arraigned by the Code of Conduct Tribunal for non-disclosure of assets when he served as Governor of Kwara State, has vowed that he would not yield to calls for his resignation as Senate President.

He said those calling for his resignation were being sponsored by politicians who had always opposed his leadership since he emerged Senate President.

He said he has fully fulfilled the provisions of the law on declaration of assets by public officers.

“The law only requires a public officer to declare both his own assets and those held by his spouse and his children under 18 years of age. The law does not require a public officer to declare assets held by the spouse’s family,” he said.

Senator Mark, who denied any wrongdoing, has threatened legal action against media organisations that published stories linking him to the documents.

His media assistant, Paul Mumeh, issued a statement explaining that a thorough scrutiny of the document showed that Mark’s name was not mentioned in the report.

“We challenge all those behind this propaganda and media outburst to prove or show that Senator Mark’s name was mentioned in the leaks. He is prepared to stand and defend himself against any accusation in relation to this matter,” he said.

“Senator Mark’s Media team has carried out its own search of the Mossack Fonseca database and found no statement, item or any connection to Senator David Mark or his family. It follows that there is no record, whatsoever, of any impropriety or wrongdoing.”