By Rabiatu Momoh
A bill seeking to give the Federal Government, through its anti-corruption agencies more enabling powers to seize and confiscate assets acquired by corrupt public officers, money launderers and criminals involved in terrorist financing and other crimes has passed second reading in the Senate.
The legislation entitled: “A bill for an Act to make comprehensive provisions for seizure, confiscation, forfeiture, and management of properties reasonably suspected to have been derived from unlawful activities” was sponsored by Senator Suleiman Abdu Kwari, representing Kaduna North Senatorial District.
Meanwhile, Nigeria’s foremost anti-corruption agency: The Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Coalition for Dialogue on Africa (CoDA), have developed a robust mechanism to recover assets stolen from Nigeria and other African countries.
The all-encompassing framework between the two organisations was signed on the strength of the implementation of the Common African Position on Asset Recovery (CAPAR).
However, Kwari, in his lead debate, said the bill was first read on 16th March, 2021, and also listed as a version among the bills of interest contained in the recent Executive Communication from President Muhammadu Buhari.
He explained that the main objective of the bill is to provide for the establishment of a department in ICPC or other relevant organisations to manage forfeited assets.
According to him, the department would provide for an effective legal and institutional framework for the recovery and management of the proceeds of crime, as well as civil forfeitures in non-conviction-based sentencing.
“This Bill further makes provisions for restraint, seizure, confiscation and forfeiture of property derived from property unlawful activities; any instrumentality used or intended to be used in the commission of such unlawful activities; and for non-conviction-based procedure for the recovery of proceeds of crime.
“The Bill’s other objectives are to strengthen the criminal confiscation procedure by ensuring that the total benefit from a person’s criminal activity is calculated and an equivalent amount, where recoverable, is confiscated on behalf of the Federal Government.
“It also galvanizes collaborative efforts among the relevant government agencies to implement confiscation proceedings against a convicted person in tracing and forfeiting properties reasonably suspected to be proceeds of unlawful through non-conviction-based forfeiture activity proceedings”, he said.
Contributing to the debate, Senator Smart Adeyemi (Kogi West), while adding his voice to the debate threw his weight behind the bill, saying it has become expedient for government to go after anyone who cannot account for how they acquired their properties.
In supporting this the bill, he said: “I hold the view that the people who have acquired their properties legally and with good funds have no cause to fear.
“Now that our nation is bleeding and our economy is in problem, we must look at how some people have acquired their properties.
“[And] I say this with every sense of responsibility that those who have acquired properties through questionable means should be ready to forfeit them.
“If people have properties they cannot account for, the government should go after them. I so submit, Mr. President.”
Also, adding his voice to the debate, Senator Aliyu Sabi Abdullahi said: “I think the critical caution we should be making here is the issue of fair hearing.
“By the time you decide to say somebody has done something unlawful or illegal where you have not been able to prove that, and you’re already taking the steps that a law court ordinarily in our present jurisprudence should be taking, I think is like putting the cart before the horse.
“I think it is our duty to support such a law, but it must not be done in a manner that at the end of the day, when you have somebody that does not mean well, you have given him a weapon to go after his perceived enemies. I think that is where caution has to come in.”
In her remark, Senator Stella Oduah, who kicked against the bill said, “for very brilliant Senators such as us, we cannot be seen to pass a bill which we haven’t thought through and that is not in line with best global practice.
“Mr. President, we shouldn’t play ostrich with this bill. We are going to create a situation where conflict of interest within establishments will continue to exist.
“Subjectivity in handling issues will be the subject of the day, and innocent Nigerians will be made to be victims of this law, and laws are not supposed to be like that.
“Laws are supposed to stand the test of time. This bill will not stand the test of time because it will be very subjective.”
The bill after consideration was referred by the Senate President, Ahmad Lawan, to the Joint Committee on anti-corruption and financial crimes; and Judiciary, human rights and legal matters.
The joint committee was given 4 weeks to report back to the senate in plenary.
