The National Accountability Bureau (NAB) Rawalpindi has confirmed that it has closed investigations into allegations of corruption and corrupt practices against British Pakistani businessman Nisar Ahmed Afzal, his brother Saghir Ahmed Afzal, and others.
Upon reviewing the final investigation report and recommendations from the Executive Board Meeting of NAB (EBM-NAB), the Director General of NAB Rawalpindi sanctioned the closure of the investigation, according to a notification issued by NAB’s Islamabad headquarters.
"Based on the findings in the final investigation report and the recommendations made during the Executive Board meeting on November 14, 2023, the competent authority has sanctioned the closure of the investigation. The decision has been made to refer the matter to the FIA," announced the NAB, adding that the decision is being made public with the approval of Director General NAB Rawalpindi.
Nisar Afzal and others were probed under the National Accountability Ordinance (NAO) of 1999 for obtaining a UK mortgage and transferring funds to associates' accounts in Pakistan. The money was allegedly used to acquire assets under benamidars, with abettors concealing the real source.
The NAB made the announcement a few weeks after the Islamabad High Court set aside freezing orders on several properties of Nisar Ahmed Afzal while observing that the National Accountability Bureau (NAB) had demonstrated high-handedness in its dealings in several ways in a case that started on request of the UK’s National Crime Agency (NCA) related to the £60 million alleged Birmingham Mortgage fraud case.
The IHC’s Justice Mohsin Akhtar Kayani and Justice Sardar Ejaz Ishaq Khan noted that several properties of Nisar Afzal and family members were frozen in Islamabad by the NAB in November 2021 for the purpose of recovery on behalf of the UK authorities, but the agency failed to file a reference and failed to furnish any evidence of criminality against the British Pakistani family.
Interestingly, the NAB seized Afzal’s properties after the UK’s Serious Fraud Office (SFO) announced in November 2021 that it had dropped the investigation into Nisar Afzal, bringing the matter to a close as there was no realistic prospect of a successful conviction, primarily due to a lack of evidence. However, NAB authorities in Pakistan froze Afzal’s assets on a request by the UK government, which was originally sent in 2017, and the NAB accepted it in November 2021, when the original case was already over. The NAB froze around eight properties of Afzal, which included those in Islamabad as well, which were purchased long before the alleged offence in the UK.
IHC Justices Mohsin Akhtar Kayani and Sardar Ejaz Ishaq Khan observed that NAB froze the properties of Nisar Afzal and his family for the UK authorities' recovery in November 2021, but the agency didn't file a reference or provide evidence of criminality. T
The judges criticized NAB for victimizing individuals unfairly and emphasized that NAB cannot hide behind its previous authority when the issue has been closed. They clarified that if FIA intends to proceed, they can do so under the law, but NAB's freezing orders are set aside, respecting the right to property under the Constitution.
In November 2021, the SFO closed the 15-year probe into Nisar Ahmed Afzal. Criminal proceedings ceased, assets were returned, and he's no longer under arrest warrants or restraint orders. The Birmingham Mortgage Fraud case, one of the UK's largest, led Afzal to flee to Pakistan in 2006, claiming injustice and a high-profile conspiracy. The SFO decided to close the case against Nisar Afzal due to a lack of sufficient evidence and a lack of realistic prospects for a successful prosecution.
