Date Published: 03/23/10

NIGERIANS NEED CIVIL (ASSET) FORFEITURE BILL By TERSOO DZEVER

It is very worrisome that Nigeria has been turned to a country synonymous with corruption regardless of the anguish, pain, deprivation and clamours of people in and outside of the country.

A lot has been proved about the evils of corruption in our dear country Nigeria . The corrupt few have denied the downtrodden (masses) the means of livelihood and basic amenities of life by looting our treasury for their selfish gains, thereby making good governance impossible. We all know that corruption exacerbates unemployment and under development, and rendering the economy hostile to local and foreign investment.

The establishment of the Economic and Financial Crimes Commission, EFCC, is to ensure that corrupt people meet their waterloo through legal process, the primary obligation of the EFCC is to restore Nigeria to an enviable standard of respectability, dignity and honor by fighting the cankerworm called corruption. However, the EFCC can not achieve this tax alone. It is now a clarion call that we all must join the war against corruption, as championed by Mrs. Farida Waziri in her programmed Anti Corruption Revolution, ANCOR.

Although corrupt practices have been a recurring decimal in the nation’s political history, its rate and dimension since the reprise of civil rule in Nigeria is approaching beyond acceptable level. We as a nation are going through a difficult moment with the feast of unending embarrassment and look warm attitude from the legislatures in the National Assembly concerning their unethical refusal to pass in to law, civil forfeiture bill, a law that will serve as deterrent to corrupt public office holders who loot our treasury and aggravate our poverty to penury.

The civil forfeiture bill has become one of the most effective tool employed in the fight against corruption world wide, its base on this backdrop that the EFCC with some of its partners in the fight against graft notably, the EU, UNODC deem it fit to engage vibrant mass media and the general public to come and mass to support the non conviction based asset forfeiture bill a reality in our dear country Nigeria.

We will all accord that  this nation in decades,  has been a victim to the  looting of public assets which if measures are not taken to curb this menace will continue  undermining the usage of foreign aid as well as the willingness of international partners to continue providing such aid. However this article tends to explore the merits of the asset forfeiture bill.

And the significance it has if passed in to law. The forfeiture bill is designed to undermine the economic benefits of these criminals, granting the EFCC the authority to seize property acquired through dubious means. Through these medium most countries have so far recovered billions of stolen wealth from looters.

Moreover, this law is only applicable in cases where circumstantial evidence proves that assets the individual possess cannot possibly be explained by any of his or her know sources of income. This system will be constitutional and does not infringe the fundamental rights of citizens. It is by no means an alternative to prosecuting wrongdoers which is the cardinal point against crime.

knowing fully well that these criminals be happy to serve there jail term having it at the back of there mind once they are out, e or she will return to life of luxury, while those whom they have stolen from will continue to wallow in abject poverty, bad roads health system that those not cure, educational system that is prone to strike leading to half baked graduates in the labour market to mention just a few.

Further more this law will only be invoked, when a suspect who flees, following the dissipation of his assets, a suspect who may be able to rely upon a jurisdictional privileges against criminal or civil suit. (Sometimes refers to as ‘domestic immunity) a suspect who has died .the case of Abacha.

Presently the legislation in force does not permit for confiscation in rem. that is why as an advocate for a corrupt free society I feel once again oblige to air out my view on this pressing issue where corrupt office holders feel that they can steal public funds and all that the EFCC can do is to charge them to court and at that stage delay proceedings and use the lacunas in our judicial system to aid there corrupt practices.

The essence of this bill will provide the ability to confiscate with out the need for a criminal conviction; it is aimed at the property derived from unlawful activity rather than the individual. At this juncture I will like to accord myself with the dictum that special problems require special solutions, it is on these premise that the need for forfeiture of assets is necessary in the fight against corruption. I urge those who believe in the strength of the pen to lend their strong voice to call the lawmakers to order and make them rethink and pass the bill in to law.

It will interest you to know that, the lawmakers gave a flimsy excuse that the EFCC ought to had carried out extensive enlightment campaign on the bill before bring it to the floor. Meanwhile the commission with its partners UNODC and European Union, EU did sensitize the people on the efficacy of this bill and how it will curb corruption. Seminars were organized both in Kaduna and the FCT along with the lawmakers in question.

It therefore, baffles my imagination, when people who are supposed to make laws for good governance are busy giving us flimsy excuses. I ask myself, what kind of publicity the honorable members did before canvassing for passing in to law (A Bill for an Act to amend the legislative houses and privileges act, Cap L12 2004 laws of the federation of Nigeria and related purposes 2009) knowing well that bill if passed in to law will shield them from being prosecuted when ever the need arises.

But what can we say to a system that has a federal legislator earning around N3 million (almost $20,000), while a university professor earns N321, 589(about $2000) monthly from the same source is an unjust and criminal system. People who call themselves honorable and distinguished senators are facing trials in various courts of the federation bordering on financial crimes and money laundering and are still presiding over the affairs of this nation, why won’t they be a clog to the fight against corruption. They will never give room for good governance.     

While we wait for the drama at the hallow chambers of the National Assembly to unfold, it is instructive to reflect on the disadvantage of this bill not passed in to law; It will make mockery of the war against corruption and the anti graft agencies. It will create a legal loophole allowing these criminals that have looted our tax payers money to transfer there illegal wealth to there heirs, including wife’s, children, friends, business associates and mistress.

It will weaken the laws empowering anti-graft agencies, and placing unnecessary procedural hurdles in the paths of prosecutors; this will undercut the law enforcement efforts and give a windfall to criminals and individuals to commit crime for profit.                   

TERSOO DZEVER a public affairs analyst