Nigeria as a Country of Particular Concern: For many of these individuals and families who have built wealth on corruption, violence, and misappropriation, what is happening is existential. Indeed, what I know for sure is, if precedents of Papa Doc Duvalier, Mobutu Sese Seko, Ferdinand Marcos, Sani Abacha, Russian, Syrian and Afghani Oligarchs, etc., are anything to go by, then, there is substantial reason for the trepidation in the land, because, unbounded vulgarity and impunity’s comfort is under threat. The question is whether this threat can be strategically and carefully carried out with precision, transparency, rigour, fairness and devoid of partisanship. Only then, can it be truly said, that, a ‘Daniel has come to judgment’ and the designation of Nigeria as CPC will have yielded positive benefits in particular for those whose religious freedom is violated.
By Elsie-Bernadette Onubogu
Despite the attempt to deny and or falsify the narrative and statistics, it is no longer news that what is happening in Nigeria for the last 15 years constitutes ‘Christian Genocide.’ The narrative amplified by a ‘silent shepherd’ at the ACiN on October 21, at the Vatican in Rome, which many, including this writer described as a worrisome denial that felt like a betrayal to Christians was defeated and rejected by most within the global community – certainly the present United States administration.
Thus, the dangerous plea urging that Nigeria is not placed on the list of Country of Particular Concern (CPC), which, sought to cast Christians in Nigeria as either liars, fabricators or persons seeking for preferential treatment failed woefully. Its failure and the designation of Nigeria as a CPC is causing a level of trepidation within walls, offices and homes, and rightly so.
The CPC if implemented will identify persons particularly within the so-called elite in Nigeria and upend the impunity ravaging the land. If properly effected, it will do more than name and shame, it will seize assets, freeze accounts abroad – cutting off their life lines, restrict their travel by denying visas, and their favorite pastime of fleeing “abroad for medical treatment.”
In a country where public hospitals barely function, the inability to jet abroad for medical treatment (when the time comes – a playbook we are all too familiar with), exposes a new, personal and frightful vulnerability especially with the present driver of CPC. This is the class of who are afraid and why!
With the broad intention of the Act which birthed CPC and the ‘Executive Order” (EO), many of these so-called elites who are accustomed to evading or buying justice in Nigeria, perhaps, the gravest consequence will not just be losing their assets, but, may also witness the collapse of their international business and social networks. That is the real source of their fear. So, if implemented effectively, the CPC will go beyond punishing corruption per se. It will restrict the comfort of impunity. It may strike where it hurts most! This is what truly frightens them.
.As noted in earlier pieces, the purpose of the plea was wrong, because Christians in Nigeria are not asking for special treatment. They are simply asking that (like other faiths), they be allowed to simply live and practice their faith, worship their God, live life within their communities without fear of violation just because they are Christians. Christians are asking that their human dignity be respected and protected.
Despite the attempts by the government, their spin doctors and propagandists to manipulate and distort statistics, thus, change the narrative, the evidence caught the eyes of the occupant of 1600 Pennsylvania Ave NW, Washington, DC 20500, USA (described by someone within my network as a Daniel come to judgment), who invoked his powers under the famous Magnitsky Act. Whether the argument of a Daniel as representing someone with moral courage in this instance is apt or not is not the aim of this narrative.
For most advocates who had decried and worked tirelessly to bring attention to the carnage against Christians including Steven Kefas of the Observatory for Religious Freedom in Africa/Publisher of Middle Belt Times, and representatives of Truth Nigeria, and of course the last of the Mohicans – Bishop Anagbe of Benue State in Nigeria, who have borne the brunt of the latest massacres, that announcement on October 31, was indeed a vindication – albeit temporary, that, they spoke truth to power.
This piece will seek to further vindicate the truth, as well as outline why those behind the disdainful acts of violence, violation, their beneficiaries, and those who chose to cover up these misdeeds are afraid of the pronouncement.
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The Magnitsky Act (named after Sergei Magnitsky – a Russian) was originally created in 2016 with a limited focus on Russia and Russians to, among other issues address the challenges of corruption and money laundering. The Act provided the legal basis for a global sanctions program. But, in 2017, the 45th President of the United States – Donald J. Trump (as he then was) used his authority to issue Executive Order (EO) 13818 in December 2017 to implement the Act. In doing so however, the EO expanded the reach of the sanctions including persons and the ambit of restrictions and seizures.
As the US President Donald J. Trump announced on Friday, October 31 that Nigeria will be placed on the list as a Country of Particular Concern (CPC), there emerged at least two groups – two schools of thought, two mindsets, to wit:
- Reactions at home and in the diaspora including via social media was immediate and eclectic. You perceive stress, anxieties, rumours, fear, individuals and households with hearts racing and blood pressure spiking.
- Yet alongside that panic you find a much quieter reaction, one of relief (with apprehension about the reach, strategy and actual implementation), though with guarded joy among ordinary people who simply want to live their faith in peace.
For many of us, even if we cannot endorse every act, antecedent and antics of the administration, there is a sense that at last “a Daniel had come to judgment” — a leader prepared to call wrongs by their name and to act.
Before I delve proper into the fears of benefactors of the terrorist acts against Christians in Nigeria, I would like to highlight that, there is backroom gossip about the need for those who go to equity to do so with clean hands. This viewpoint stems from the fact of ‘apparent double standards laced with complicity’ with events along the G-corridor and elsewhere.
Indeed, to an extent, this reaffirms my standpoint that, ‘morality is not a buffet.’ Having said that, I would whole-heartedly support this threat to wipe out the terrorist gangs violating religious freedom in my homeland, so long as it is done strategically with care, across the board, devoid of partisanship, and ensure safeguards to protect innocent civilians from harm and avoid collateral damage that could deepen suffering.
To facilitate the reader’s understanding of the fear and why blood pressures are rising, below are a few sections of the EO of consequence.
The EO 13818 opening memorandum declares that “the prevalence and severity of human rights abuse and corruption … have reached such scope and gravity that they threaten the stability of international political and economic systems.”
It is important to mention that, monies that fuel and support such terrorist acts is often laundered through porous borders, financial institutions, personal accounts stashed away in secured banks in BVI, Swiss Accounts, and often used to purchase homes in countries like the US, UK, Dubai, etc. Given the antecedents of corrupt Nigerian leaders, politicians and their enabling partners including those in the banks, the readers can understand why there is fear and trepidation in Nigeria.
CPC: Related fear and consequences
For our purposes, I will focus on sections 1-4 as these lay out the operational hammer that is likely to come down heavy on these corrupt persons. These sections (besides in between commentary, the 4 sections have been lifted verbatim from the American Presidency Project – APP).
Section 1 – Blocking Property
Subsection (a) mandates that “all property and interests in property that are in the U.S., or that subsequently come into the U.S. or into the possession or control of any U.S. person of certain designated persons, are blocked and may not be transferred, paid, exported, withdrawn or otherwise dealt in. The American Presidency.”
“Those ‘certain persons’ include: (i) those listed in the Annex; (ii) any foreign person determined…to be responsible for or complicit in serious human rights abuse; or to be a current or former government official (or someone acting for/ behalf of such official) who has engaged in corruption (misappropriation of state assets, expropriation of private assets for personal gain, bribery, facilitating the transfer of corruption proceeds).”
The listing makes it clear that, both government officials (past and present), and their agents (some of whom we recently witnessed attempting to pull the wool over a Texas former Representative) who facilitate transfer of proceeds of corruption including banks will not escape judgment. In the subsection below, it covers any persons (not just government officials), and can be retroactively applied.
As the APP captured it, “Section 1 means that once persons are designated, their U.S.‐based assets are frozen, and U.S. persons may not deal with them. Thus weapons dealers, corrupt officials, financiers of terror networks see their safe haven inside the U.S. collapse.”
I will dare to add, the reach could go beyond the U.S. especially in a case the U.S. government contacts other Western country jurisdictions such as the UK, etc. This is one reason why most of the corrupt persons in Nigeria are shifting their purchases to the Arab countries. However, with the reach and signs of goodwill (whether for good or not) of the White House to the Arab countries, they may have no place to hide.
Subsection (b) clarifies that these prohibitions apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses issued under this Order — and apply notwithstanding any contract or license granted before its effective date.
Subsection (c) extends liability to anyone who attempts to engage in the described activities.
Section 2 – Suspension of Entry
“The Order determines that unrestricted immigrant and nonimmigrant entry into the U.S. of aliens meeting one or more criteria in Section 1 would be detrimental to U.S. interests, and therefore enters a suspension of such entry.”
Beyond the fear of losing the stolen funds stashed away in these off-shore, US, UK banks, etc., the next big hammer of the EO, is the restriction of movement through denial of visas to these persons. As per the APP, “Section 2 adds the immigration hammer: if your activities meet the criteria, you may be denied entry. This is a reputational and practical barrier.”
This is clearly a worrisome provision for many of them for at least two major reasons:
i) In the day or moment of ‘sickness’ (given there are no functional hospitals in Nigeria – a playbook we have seen too often), many fear that they will not have access to travel to the countries of the West for hospital treatment. You may recall that this was the case with Diepreye Alamieyeseighaa a few years ago.
ii) There is corresponding “Laws” in other Western countries including in the UK and elsewhere, as well as the fact that these countries are in agreement to work together to follow the money (FTP), track laundered monies, as well as refuse visas where it is clear that the persons fall within the ambit of the EO/Magnitsky Act.
Section 3 – Provision of Certain Donations Prohibited
“It is determined that making donations of the types of articles specified in Section 203(b)(2) of the International Emergency Economic Powers Act (IEEPA) by, to, or for the benefit of any person whose property is blocked under this Order would seriously impair the president’s ability to deal with the national emergency. Accordingly, such donations are prohibited except to the extent provided by statute, regulations, orders or licenses.”
Section 4 – Further Prohibited Transactions
The prohibitions in Section 4 also include:
(a) The making of any contribution or provision of funds, goods or services by, to or for the benefit of any person whose property/interests are blocked, and
(b) The receipt of any such contribution or provision from any such person. https://www.presidency.ucsb.edu/
The APP couldn’t have put it better, i.e., “Section 4 closes other loopholes: you cannot transact with sanctioned persons, you cannot receive funds, goods, services from them, you cannot funnel around by proxy.” And, this is why there is anxiety, fear, trepidation and rise in blood pressures. It seems there is indeed, no hiding place if this is done correctly.
As I draw down on why there is fear in the land, I would like to note the following about the genocide against Christians in Nigeria.
- The violent groups that terrorize religious communities were not organic uprisings; they were imported, enabled by elements within government itself (some dead, some others still in service), and information relating to this assertion is in public domain;
- The present government has done nothing to stop the killings and targeting of Christians. In fact, the government has not only shown unwillingness to stop the killings, it has time and time, aided and abetted their terrorist gangs through ‘supposed amnesty, invitation to treat, unconscionable negotiations that favoured the terrorists, as well as pacified the terrorists killings Christians;
- Many public officials and offices (particularly politicians and bank networks) are actors fueling these terrorist attacks. They provide safe haven and access to monies that make terrorism to thrive. Thus, a freeze of supply lines through the CPC if confirmed and implemented is bound to panic beneficiaries.
- In following the trail (from ‘Follow the Money Theory’), we have learnt that terrorism goes beyond guns and killings. It thrives because it has related ‘cousins’ in extortion, kidnapping, smuggling, drugs, porous borders, money laundering, shell companies and friendly/willing agents – many of whom in Nigeria become official spokes people, propaganda machines and enablers. So, designation as CPC will assist in following the money!
- While it is true that ‘sanctions’ in certain respect can be counter-productive (as to hurt undesired elements), the truth is, if effectively done, account freezes and visa/travel restrictions for many Nigerians will threaten their investments, restrict illicit revenues stacked abroad, force forfeiture of properties acquired through misappropriated national resources, as well as reduce lifestyles of ‘vulgarity unbound.’
Thus, for many of these individuals and families who have built wealth on corruption, violence, and misappropriation, what is happening is existential.
Indeed, what I know for sure is, if precedents of Papa Doc Duvalier, Mobutu Sese Seko, Ferdinand Marcos, Sani Abacha, Russian Oligarchs, Syrian and Afghani Oligarchs, etc., are anything to go by, then, there is substantial reason for the trepidation in the land, because, unbounded vulgarity and impunity’s comfort is under threat.
The question is whether this threat can be strategically and carefully carried out with precision, transparency, rigour, fairness and devoid of partisanship. Only then, can it be truly said, that, a ‘Daniel has come to judgment’ and the designation of Nigeria as CPC will have yielded positive benefits in particular for those whose religious freedom is violated.
