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“The good faith nature of the obligations assumed by Nigeria under the UN convention does not grant discretion to the Defendants to refuse to prosecute, recover stolen assets and end the impunity of perpetrators. It is submitted that there are no exceptional circumstances warranting the withdrawal of the corruption charges/suit against Muhammed Abacha by the Defendants. It is further submitted that by withdrawing the charges/suit, the Defendants have denied the appropriate authorities the opportunity to hear evidence and decide whether or not a case of corruption is established against Muhammed Abacha,” the organization further argued.
“The exercise of withdrawal power is not compatible with the need to avoid impunity for corruption prohibited under the UN Convention against Corruption.”
No date has been fixed for the hearing of the suit.
SERAP Executive Director