United States of America (USA) v Abacha & Ors
2014
COMMERCIAL COURT
United Kingdom
CORAM
- MR JUSTICE FIELD
Areas of Law
- Civil Procedure
- Conflict of Laws
- Public International Law
2014
COMMERCIAL COURT
United Kingdom
CORAM
AI Generated Summary
The case addresses whether to continue a Freezing Injunction under the Civil Jurisdiction and Judgments Act 1982 concerning assets allegedly derived from corrupt practices by Nigeria's former President Abacha and associates. The judgment continues the injunction, considering the US claim a civil proceeding and affirming the Claimant's full disclosure. The decision emphasizes international cooperation in fraud-related cases.
Judgment
Mr Justice Field:
Introduction
This is an application to continue a Freezing Injunction granted under s.25 of the Civil Jurisdiction and Judgments Act 1982 (“ the 1982 Act ”) ex parte by Teare J on 25 February 2014 and continued by Walker J on 25 March 2014 until today.
The Claimant also applies for disclosure in the event that the injunction is continued. This judgment is concerned only with the question whether the Freezing Injunction should be continued.
The foreign proceedings in aid of which the Freezing Injunction is sought are an in rem forfeiture claim brought by the Claimant against certain assets held by certain of the Defendants (“the US claim”). The Claimant alleges that these assets are derived from the proceeds of corrupt misappropriations carried out by the former President of Nigeria, General Abacha, and certain of his relatives and associates and are liable to forfeiture under 18 USC § 981 by reason of having been involved in money laundering within the jurisdiction of the US.
The US claim was accepted by the US District Court for the District of Columbia on 18 November 2013. The decision to bring the US claim is part of the US Kleptocracy Asset Recovery Initiative and was taken at a high level in the US with the approval of the US Assistant Attorney General for the Criminal Division. On 28 August 2012 the Federal Republic of Nigeria (the “FRN”) presented a request to the US Department of Justice pursuant to Articles 54 and 55 of the UN Convention against Corruption to order the confiscation of property corruptly acquired by General Abacha.
The principal allegation of corruption made in the US claim is described as the “Security Votes Fraud” which involved the theft of more than US$2 billion from the Central Bank of Nigeria under cover of instructions approved by General Abacha that were issued on the false basis that the money was required for emergency security purposes. The money so obtained was then laundered through the purchase of Nigerian Par Bonds (“NPBs”).
A further fraud relied on in the US claim is the “Dumez Extortion” which involved the extortion by General Abacha of US$97,375,543 from the Dumez Group, a French civil engineering concern, in return for allowing the payment of contractual sums totalling US$389,787,400 due to the Dumez Group on government contracts.
The Parties and the assets This part of the judgment draws on the skeleton argument of the Claimant put before Teare J which in turn is based on the