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Asset Sharing Agreement: Government of Jersey with Government of the Federal Republic of Nigeria

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 12 January 2024:

Decision Reference:  MD-ER-2023-879

Public

Subject: Authorisation to sign an Asset Sharing Agreement on behalf of the Government of Jersey with the Government of the Federal Republic of Nigeria.

 

Report Title: Authorisation to sign an Asset Sharing Agreement on behalf of the Government of Jersey with the Government of the Federal Republic of Nigeria.

Public

Decision(s):

The Minister for Treasury and Resources approved the execution of the Asset Share Agreement and the subsequent release of £2,062,546 from the Criminal Offences Confiscation Fund ('COCF'), noting that the Attorney General had been consulted and authorised the entering into of that Agreement. The Minister further approved that £105,000 from the forfeited funds held in the COCF are transferred to the Law Officers’ Department in lieu of costs associated with the proceedings.

Reason for Decision(s):

Proceedings were brought by the Attorney General under the Forfeiture of Assets (Civil Proceedings) (Jersey) Law 2018 ('the 2018 Law') in respect of assets held in 4 accounts held by Mr Jeremiah Useni at Standard Chartered Bank in Jersey. Proceedings were also brought under the 2018 Law in respect of an account held in the names of Selcan Miner and Selbyen Caroline Miner held at Standard Chartered Bank in Jersey. The monies in respect of Mr Miner and Mr Useni’s accounts are currently held in the Criminal Offences Confiscation Fund, totalling £2,125,944 and £41,602 respectively. The Government of the Federal Republic of Nigeria assisted by obtaining affidavit evidence to support the proceedings under the 2018 Law, and the funds represent the proceeds of corruption. It is therefore appropriate to repatriate those assets for the benefit of the people of Nigeria, save the Attorney General’s costs (£105,000) which shall be remitted to the Law Officers’ Department.    It has been agreed that the assets shall be shared subject to the framework that was established in the 2020 Tripartite asset recovery agreement between Jersey, the United States of America and the Federal Republic of Nigeria, as detailed in the accompanying Written Report.  The Ministry of Justice has provided a Letter of Entrustment dated 25th July 2023, and approved the final text on 5th December 2023.

Resource Implications: There are no new financial and/or manpower implications.

 

Action Required: Department to take necessary action.

Signature:

 

 

Signed By: Minister for Treasury and Resources

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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