The Nigerian Senate, on Tuesday reversed its earlier decision on Clause 74 of the Proceeds of Crime (Recovery and Management) Bill, 2022, passed by the red chamber last week
The bill seeks seeks to facilitate the establishment of departments in relevant organizations to manage forfeited assets as well as provide for effective legal framework for the recovery of proceeds of crime
The decision to re-amend the bill followed the consideration of a motion for re-commital sponsored by the Senate Leader, Yahaya Abdullahi (Kebbi North).
Senator Yahaya Abdullahi, coming under Orders 1(b) and 52(6) of the Senate Standing Orders 2022 explained that the re-amendment of the bill became imperative in view of Clause 74 which placed the Burden of Proof on the investigating Agencies and not on the Defendant as recommended by the Joint Committee in its report.
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According to him, the amendment runs contrary to the provision of Article 12(7) of the United Nations Convention against Transnational Organized Crime (UNTOC) , which states that offender be allowed to demonstrate the lawful origin of alleged proceeds of crime or other property liable to confiscation.
The senate leader citing the “Ikoyi Loot” case, where no one has come to claim ownership of the funds and no suspects convicted, added that the status of the funds will by virtue of the amendment remain pending until the owner can be found
He said phones, computers and documents recovered from suspected criminals would also have to wait for convictions before seizure can be made
The bill when passed into law is expected to expand the mandates of existing statutory institutions to manage proceeds of crime, rather than creating new bodies to carry out such function as well as strengthen the criminal confiscation procedure
Accordingly, the chamber in a resolution rescinded its decision on Clause 74 of the bill as passed.
Editor Oloyede Oworu
