'They were unjust to me,' says teenager freed after blasphemy sentence quashed in Nigeria

By Stephanie Busari,

 CNN

Hear from Nigerian teen freed after overturned blasphemy sentence 01:47

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Hear from Nigerian teen freed after overturned blasphemy sentence

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Source: CNN

Hear from Nigerian teen freed after overturned blasphemy sentence 01:47

(CNN)Omar Farouq had an argument last year with a colleague that would change his life.

Insults were exchanged in the heat of the moment, he admits, but Farouq, a teenager, thought nothing of the exchange until he was summoned to the police station and charged with blasphemy against God.

When word got out about the nature of his arrest, an angry mob descended on Farouq's family home forcing his mother to flee to a neighboring village, his lawyer said.

Farouq, who was then 16, was convicted and sentenced to 10 years in prison with hard labor by a Sharia court, in Kano, northern Nigeria.

The WhatsApp voice note that led to a death sentence

However, his conviction was overturned on appeal by the Kano State High Court on January 22 because Farouq did not have legal representation at his first trial, his counsel Kola Alapinni told CNN.

"I'm delighted, I'm in a joyous mood. And I'm grateful to all those who helped and lent support for this outcome with the grace of Allah," Farouq, now 17, told CNN in his first interview following his release.

Alapinni was instrumental in Farouq's release from prison.

His Foundation for Religious Freedom discovered and got involved in Farouq's case while working on an appeal for Yahaya Sharif-Aminu, who was sentenced to death for blasphemy at the Kano Upper Sharia Court.

"We found out they were convicted on the same day, by the same judge, in the same court, for blasphemy and we found out no one was talking about Omar, so we had to move quickly to file an appeal for him," he said.

"Blasphemy is not recognized by Nigerian law. It is inconsistent with the constitution of Nigeria."

Kano's High Court stated that Farouq's conviction as a minor "was done in error and ... is hereby set aside and the Defendant is hereby discharged and acquitted."

An 'unjust' punishment

Farouq says he feels aggrieved as that the Sharia court was "unjust" to him.

Officials for the Sharia court have not commented on Farouq's case, and efforts to reach them have been unsuccessful. CNN also contacted Kano state government for comment but has yet to receive a response.

In all, Farouq spent more than five months locked up without access to family or lawyers.

His family said they were not informed about the details of his case and did not even know what date his court hearing was held.

"They were not fair to us," his uncle Umar Aliyu told CNN. "When they took this boy to court, they didn't tell us the court they took him to... and they refused to tell us the date slated for the judgment. They kept chasing us away. I went to the Hisbah office pleading with the interrogator, but he told me to leave his office. I left hurt and close to tears, extremely sad."

The WhatsApp voice note that led to a death sentence

The family also found out from media reports that Farouq had been convicted and sentenced, Aliyu said.

Aliyu recalls being "enveloped with sadness," every time he thought about his nephew locked up with no contact with his family.

"Everyone... was disturbed very much, we were really sad. We just had to console each other, counseling some to take it as something ordained by Allah... telling them to be patient. This provided some emotional relief.

"For the period he was in prison every time I thought about him, I became worried. Every time I thought about him sadness would envelop me."

'His life is in danger'

Now that Farouq has been freed, he says he is determined to finish his education and has ambitions to enter politics to fight against the kind of injustice he faced.

"I pray Allah will bless me to become governor or President to reform the Sharia and to end the injustice on my fellow citizens and myself since in some court cases the offense doesn't warrant the harsh judgment handed down. This is deprivation of your right, oppression, and abuse," he said.

Although his conviction was overturned, Farouq's life remains in danger from some fanatics who see his release as an affront, according to his lawyer.

Alapinni told CNN how terrified Farouq was when he turned up to meet him outside the prison when he was released.

"He himself knows he is in danger because when we tried to pick him from prison...you could see the fear in his face, he didn't even want to follow us...everybody had told him that if he steps out of the prison walls he will be killed," Alapinni said.

"We now need to arrange safe passage for him. His life is in danger in Kano -- it will never be the same," he said.

Sani Abacha - the hunt for the billions stolen by Nigeria's ex-leader

 BBC 

AFRIKA

IMAGE COPYRIGHTGETTY IMAGES

image captionSani Abacha became Nigeria's head of state in a military coup in 1993

When Nigeria's then-head of state Sani Abacha stole billions of dollars and died before spending his loot, it prompted an international treasure hunt spread over decades. The man hired to get the money back tells the BBC's Clare Spencer how the search took over his life.

In September 1999, Swiss lawyer Enrico Monfrini answered a phone call that would change his next 20 years.

"He called me in the middle of the night, he asked me if I could come to his hotel, he had something of importance. I said: 'It's a bit late but OK.'"

The voice on the end of the line was that of a high-ranking member of the Nigerian government.

'Can you find the money?'

Mr Monfrini says the official was sent to Geneva by the Nigerian president at the time, Olusegun Obasanjo, to recruit him to get hold of the money stolen by Abacha, who ruled from 1993 until his death in 1998.

As a lawyer, Mr Monfrini had built up a Nigerian client base since the 1980s, working in coffee, cocoa and other commodities.

He suspects those clients recommended him.

"He asked me: 'Can you find the money and can you block the money? Can you arrange that this money be returned to Nigeria?'

"I said: 'Yes.' But in fact I didn't know much about the work at that time. And I had to learn very quickly, so I did."

IMAGE COPYRIGHTAP

image captionEnrico Monfrini spent 20 years fighting to return the money Abacha stole

To get started, the Nigerian police handed him the details of a few closed Swiss bank accounts, which appeared to be holding some of the money Abacha and his associates had stolen, Mr Monfrini wrote in the book Recovering Stolen Assets.

He said that a preliminary investigation published by the police in November 1998 found that more than $1.5bn (£1.1bn) was stolen by Abacha and his associates.

'Dollars by the truckload'

One of the methods used for accumulating such a colossal sum was particularly brazen.

Abacha would tell an adviser to make a request to him for money for a vague security issue.

He then signed off the request which the adviser would then take to the central bank, which would hand out the money, often in cash.

The adviser would then take most of that money to Abacha's house.

Some was even taken in dollar notes "by the truckload", Mr Monfrini wrote.

This was just one way Abacha and his associates stole huge amounts of money. Other methods ranged from awarding state contracts to friends at highly inflated prices and then pocketing the difference and demanding foreign companies pay huge kickbacks to operate in the country.

IMAGE COPYRIGHTGETTY IMAGES

image captionAbacha stole more than a billion dollars by pretending the money was needed for "security"

This went on for around three years until everything changed when Abacha died suddenly, aged 54, on 8 June 1998.

It is unclear whether he had had a heart attack or was poisoned because there was no post-mortem, his personal doctor told the BBC.

Abacha died before spending the stolen billions and a few bank details served as clues as to where that money was stashed.

"The documents showing the history of the accounts gave me a few links to other accounts," said Mr Monfrini.

Armed with this information he took the issue to the Swiss attorney general.

And then came a breakthrough.

Mr Monfrini successfully argued that the Abacha family and their associates formed a criminal organisation.

This was key because it opened up more options for how the authorities could deal with their bank accounts.

Who was Sani Abacha?

IMAGE COPYRIGHTAFP

• Fought in Nigeria's army during the civil war
• Key player in two coups before becoming minister of defence in August 1993
• Became head of state in a military coup in November 1993
• His government accused of widespread human rights abuses
• Nigeria suspended from The Commonwealth after execution of nine human rights activists in 1995
• Died unexpectedly on 8 June 1998, at 54 years old
• Father to 10 children

Read more

The attorney general issued a general alert to all the banks in Switzerland demanding that they disclose the existence of any accounts opened under the Abachas' names and aliases.

"In 48 hours, 95% of the banks and other financial institutions declared what they had which seemed to belong to the family."

This would uncover a web of bank accounts all over the world.

"Banks would deliver documents to the prosecutor in Geneva and I would do the job of the prosecutor because he didn't have time to do it," Mr Monfrini told the BBC.

'Bank accounts talk a lot'

"We would find out on each account exactly where the money came from and/or where the money went to.

"Showing the ins and outs on these bank accounts gave me further information regarding other payments received from other countries and sent to other countries.

"So it was like a snowball. It started with a few accounts, and then a large amount of accounts, which in turn created a snowball effect indicating a huge international operation.

"Bank accounts and the documents that go with them talk a lot.

"We had so much proof of different money being sent here and there, Bahamas, Nassau, Cayman Islands - you name it."

The size of the Abacha network meant a huge effort for Mr Monfrini.

"Nobody seems to understand how much work it entails. I have to pay so many people, so many accountants, so many other lawyers in different countries."

Mr Monfrini had agreed a commission of 4% on the money sent back to Nigeria. A rate he insists was comparably "very cheap".

media captionGen Sani Abacha's five-year rule

Finding the money turned out to be relatively quick in comparison to getting it returned to Nigeria.

"The Abachas were fighting like dogs. They were appealing about everything we did. This delayed the process for a very long time."

Further delays came as Swiss politicians argued over whether the money would just be stolen again if it was returned.

Some money was returned from Switzerland after five years.

Mr Monfrini wrote in 2008 that $508m found in the Abacha family's many Swiss bank accounts was sent from Switzerland to Nigeria between 2005 and 2007.

By 2018, the amount Switzerland had returned to Nigeria had reached more than $1bn.

GETTY

Other notorious presidents

• Mohamed SuhartoPresident of Indonesia 1967-98, stole an estimated $15-35bn.

• Ferdinand MarcosPresident of Philippines 1972-86, stole an estimated $5-10bn.

• Mobutu Sese SekoPresident of Zaire, 1965-97 stole an estimated $5bn.

Source: Transparency International

Other countries were slower to return the cash.

"Liechtenstein, for instance, was a catastrophe. It was a nightmare."

In June 2014, Liechtenstein did eventually send Nigeria $277m.

Six years later, in May 2020, $308m held in accounts based in the Channel Island of Jersey was also returned to Nigeria. This only came after the Nigerian authorities agreed that the money would be used, specifically, to help finance the construction of the Second Niger Bridge, the Lagos-Ibadan expressway and the Abuja-Kano road.

Some countries are yet to return the loot.

Mr Monfrini is still expecting $30m he says is sitting in the UK to be returned, along with $144m in France and a further $18m in Jersey.

That should be it, "but you never know", he says.

IMAGE COPYRIGHTAFP

image captionIntrigue surrounds Abacha's sudden death in 1998

In total, he says his work secured the restitution of just more than $2.4bn.

"At the beginning people said Abacha stole at least $4-$5bn. I don't believe it was the case. I believe we more or less took the most, took a very large chunk, of what they had."

He has heard rumours that the Abacha family are not so wealthy any more.

Or, as he puts it: "They are not swimming in money like they used to do in the past."

When he looks back, he seems satisfied with his work.

"When I speak to my very many children about this case, I tell them I found money and I blocked the money, I persuaded the authorities to go after these people and get the money back to the country for the good of the Nigerian people.

"We did the job."