Nigeria has triumphed in a prolonged legal battle, securing the release of over $6 million in arms funds seized by the United States since 2014.
The funds, originally intercepted from an arms broker attempting to supply military equipment to Nigeria without proper authorization, were held under the US Arms Export Control Act. This violation led to their confiscation nearly a decade ago.
Court Ruling in Favor of Nigeria
On December 23, 2024, the US District Court for Eastern California ruled in favor of Nigeria, issuing a permanent forfeiture order for the funds. The court directed the US Customs and Border Protection to release the $6.02 million, including accrued interest, to the Nigerian government within 60 days.
Judge Jennifer Thurston’s ruling overturned a preliminary forfeiture order from January 2020, which had previously assigned the assets to the US government.
The Seizure and Its Fallout
The funds were part of a 2014 payment made by Nigeria to Dolarian Capital Inc. (DCI), a US-based arms brokerage firm, for military equipment intended to combat Boko Haram insurgents. However, the deal faltered when DCI’s owner, Mr. Dolarian, failed to secure the necessary license for arms export.
In response, the US government classified the transaction as unlawful and seized the funds under its Arms Export Control Act. This resulted in a series of legal actions, including a February 2015 seizure warrant and a 2019 preliminary forfeiture order.
Nigeria’s Recovery Efforts
After the criminal proceedings concluded, Nigeria intensified its efforts to reclaim the funds. In 2021, the country enlisted US-based attorney Jovi Usude to navigate the legal recovery process.
The recovery journey saw significant delays as Nigeria’s lawyers encountered resistance from the US government. However, progress was made in June 2023 when Nigeria formally filed a petition, asserting its superior legal interest in the seized assets.
Resolution and Concession
By December 19, the US government signed a stipulation acknowledging Nigeria’s rightful claim to the funds. This concession followed the review of Nigeria’s petition and investigative records, which confirmed the country’s legal entitlement.
The final forfeiture order directed the release of the funds to Nigeria through Mr. Usude’s Client Trust Account, bringing an end to nearly a decade of legal wrangling.
A History of Arms Purchase Controversies
The case is one among several controversies involving Nigeria’s arms procurement funds. During the same period, South Africa seized $5.7 million paid to Cerberus Risk Solutions over similar licensing issues.
An audit initiated by President Muhammadu Buhari’s administration in 2015 exposed the mismanagement of over $2 billion in arms funds under former National Security Adviser Sambo Dasuki, with further investigations uncovering widespread corruption.
Despite these setbacks, Nigeria’s successful recovery of the $6.02 million is seen as a significant step toward addressing the lingering challenges surrounding arms procurement and accountability.
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