To:
The Executive Chairman
Economic and Financial Crimes Commission (EFCC)
Abuja, Nigeria

Subject: PETITION CALLING FOR THE REOPENING OF INVESTIGATIONS INTO ALLEGATIONS OF FINANCIAL CRIMES INVOLVING ALHAJI ATIKU ABUBAKAR AND FOR HIS PROSECUTION WHERE THE EVIDENCE SO WARRANTS

Dear Sir,

I write as a concerned Nigerian citizen to respectfully petition the Economic and Financial Crimes Commission (EFCC) to fully investigate the various allegations of financial impropriety, money laundering, criminal breach of trust, criminal misappropriation, conspiracy and related offences that have been raised against Alhaji Atiku Abubakar, former Vice-President of the Federal Republic of Nigeria.

This petition is not intended to convict any person through the media or public opinion. It is a request that allegations contained in official reports, petitions, investigations and court proceedings be subjected to proper scrutiny by the competent law-enforcement authorities.

The principle is simple: where credible evidence establishes that a criminal offence was committed, the law should take its course, regardless of the political status of the person involved.

1. ALLEGATIONS ARISING FROM THE 2010 UNITED STATES SENATE INVESTIGATION

The United States Senate Permanent Subcommittee on Investigations conducted an investigation into suspicious financial transactions involving funds associated with Nigeria and persons connected to Alhaji Atiku Abubakar.

Among the matters examined was the movement of more than US$40 million through offshore entities and accounts associated with Jennifer Douglas, Atiku Abubakar's wife.

The investigation examined transactions involving offshore companies and accounts, including entities connected to Guernsey and other jurisdictions.

The report raised questions concerning the source, movement and ultimate destination of substantial sums of money and whether appropriate anti-money-laundering controls had been circumvented.

I therefore respectfully request that the EFCC determine:

The source of the funds;

The beneficial ownership of the companies involved;

The purpose of the transfers;

The relationship between the entities and Atiku Abubakar;

Whether any Nigerian public funds were involved; and

Whether any Nigerian law was violated.

2. ALLEGATIONS CONCERNING SIEMENS-RELATED PAYMENTS

The U.S. Senate investigation also examined alleged payments associated with Siemens AG and accounts connected to Jennifer Douglas.

The report referenced alleged payments running into millions of dollars and examined whether funds associated with alleged corrupt payments were subsequently transferred through accounts connected to her.

I respectfully request that Nigerian investigators obtain and examine all available records relating to these transactions and determine whether any Nigerian public official, public funds or government contracts were connected to them.

If the evidence establishes a criminal offence under Nigerian law, the appropriate legal action should follow.

3. ALLEGATIONS CONCERNING THE AMERICAN UNIVERSITY PROJECT

The Senate investigation also examined substantial transfers involving offshore entities and American University, including approximately US$14 million in transfers connected with consulting arrangements and the establishment of the university project.

The circumstances surrounding these transfers deserve examination, particularly concerning the source of the funds, the beneficial ownership of the entities involved and whether any of the funds originated from public resources.

The EFCC should therefore establish the complete financial trail and determine whether the transactions complied with Nigerian law.

4. ALLEGATIONS OF THE USE OF SPECIAL PURPOSE VEHICLES

Further allegations were raised in Nigeria concerning the alleged use of companies and accounts as Special Purpose Vehicles (SPVs) during the period in which Atiku Abubakar served as Vice-President between 1999 and 2007.

These allegations included claims concerning the alleged movement, diversion or misappropriation of public funds through corporate entities and accounts allegedly connected to persons associated with the former Vice-President.

Given the seriousness of these allegations, I respectfully request that the EFCC examine the relevant corporate records, bank statements, government accounts, contracts and financial transactions.

5. ALLEGATIONS OF MONEY LAUNDERING, CRIMINAL BREACH OF TRUST AND MISAPPROPRIATION

Previous petitions and legal proceedings have raised allegations bordering on:

Money laundering;

Criminal breach of trust;

Criminal misappropriation;

Conspiracy;

Abuse of public office;

Diversion of public funds; and

Possible violations of the Code of Conduct applicable to public officers.

I am not presenting these allegations as established facts. I am asking the Commission to determine whether the evidence supports them.

Where evidence does not support the allegations, Nigerians should be told.

Where evidence supports criminal liability, the appropriate prosecution should follow.

6. ALLEGATIONS CONCERNING THE PRIVATISATION PROCESS
There are also longstanding allegations and public questions concerning the privatisation and concession of federal government enterprises during the period in which Alhaji Atiku Abubakar served as Chairman of the National Council on Privatisation (NCP).

These include allegations that some government assets or enterprises may have been sold, concessioned or transferred at undervalued prices; that politically connected individuals or associates may have benefited from certain transactions; and that potential conflicts of interest may have arisen in relation to companies or interests allegedly connected to persons within the political establishment.

There have also been specific public questions concerning transactions involving enterprises and concessions such as NITEL, ports and other government assets. These allegations should not be treated as established facts without proper investigation. Indeed, available records show that the privatisation programme involved institutional processes through the NCP and Bureau of Public Enterprises (BPE), including competitive bidding and other prescribed methods. 

I therefore respectfully request that the EFCC, in collaboration with other competent authorities where necessary, review the major privatisation and concession transactions undertaken during Atiku Abubakar's tenure as Chairman of the NCP, including the valuation of assets, bidding processes, successful beneficiaries, beneficial ownership, declarations of interest, government approvals and proceeds received by the Federal Government.

If the investigation establishes that any law was violated, public assets were unlawfully diverted or undervalued, or any person improperly benefited from the process, then the persons found responsible; including any public officer against whom admissible evidence is established; should be prosecuted in accordance with the law.

Conversely, if the investigation establishes that the transactions were conducted lawfully and transparently, the findings should equally be made public so that the matter can be conclusively resolved.

7. WHY THE MATTER DESERVES INDEPENDENT REVIEW

Nigeria cannot successfully fight corruption while allowing allegations involving politically influential individuals to become permanently trapped in the cycle of political accusation and political denial.

Alhaji Atiku Abubakar has held one of the highest political offices in Nigeria and has repeatedly sought the presidency of the Federal Republic.

That political prominence makes it even more important that any credible allegations concerning his conduct be resolved through evidence, investigation and due process; not political rhetoric.

Indeed, if the allegations are unfounded, a transparent investigation would equally serve the interest of the person accused by providing an opportunity for the allegations to be conclusively addressed.

8. MY REQUEST TO THE EFCC

In view of the foregoing, I respectfully request that the EFCC:

a. Reopen or review all relevant previous investigations, petitions and files concerning the allegations against Alhaji Atiku Abubakar;

b. Obtain and examine the relevant banking, corporate, tax and financial records;

c. Investigate the offshore companies and accounts identified in previous investigations;

d. Establish the beneficial ownership and purpose of the entities involved;

e. Trace the origin and destination of the funds identified in the various allegations;

f. Examine whether Nigerian public funds were involved in any of the transactions;

g. Invite and interview relevant persons where necessary;

h. Obtain relevant documents from foreign jurisdictions through lawful mutual legal-assistance mechanisms where appropriate;

i. Determine whether offences were committed under Nigerian law; and

j. Where credible and admissible evidence establishes criminal liability, commence prosecution against the responsible persons in accordance with the law.

9. THIS PETITION IS NOT POLITICAL PERSECUTION

I wish to emphasise that this petition is not a request for political persecution, media trial or conviction without due process.

It is a request for institutional accountability.

The EFCC should investigate the matter independently and professionally, without fear or favour.

If Alhaji Atiku Abubakar is innocent of the allegations, the evidence should establish that.

If the allegations cannot be substantiated, the matter should be brought to a lawful conclusion.

But if credible evidence establishes that offences were committed, political status must not prevent prosecution.

Nigeria's anti-corruption laws must apply equally to the powerful and the ordinary citizen.

10. CONCLUSION

I therefore respectfully call upon the EFCC to treat this petition as a request for evidence-based investigation and accountability, rather than as an attempt to obtain a predetermined political outcome.

The Nigerian people deserve to know the truth.

They deserve institutions that investigate allegations based on evidence.

They deserve a justice system in which political influence neither guarantees prosecution nor guarantees protection from prosecution.

Nobody should be above the law.

Not a president.

Not a former vice-president.

Not a governor.

Not a minister.

Not a political party leader.

And not an ordinary citizen.

If there is evidence of a crime, let the law act.

If there is no evidence, let the matter be conclusively resolved.

Let the evidence speak.
Let the institutions investigate.
Let the courts decide.

I respectfully urge the Commission to take all necessary steps within its statutory mandate.

Yours faithfully,

NTUFAM HILLIARD ETA
Concerned Nigerian Citizen