The Attorney General of the Federation and Minister of Justice, Abubakar Malami, must scrap the new Asset Tracing Recovery and Management Regulations rule, Human and Environmental Development Agenda (HEDA Resource Centre) has said.
The African foremost anti-corruption group said the new regulation was like pulling the carpet off the feet of anti-corruption agencies established by Acts of Parliament, people voted by Nigerians to represent their interests.
HEDA said the new regulation from the Ministry of Justice attempts to substitute legal democratic institutions with individual political whims and caprices. It said the Ministry should not give the impression that it is desperate to take sides with corrupt officials and institutions.
In a petition addressed to the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, the foremost anti-corruption group said the new rule was a clog in the wheel of the country’s anti-corruption drive. It urged the Justice Ministry to immediately scrap the regulation, adding that since the rule was made, HEDA has been besieged with complaints from international organisations whose confidence in Nigeria’s renewed effort against corruption is troubled due to the new regulation. The petition was signed by HEDA Chairman, Mr Olanrewaju Suraju.
The office of the Attorney General of the Federation on the 31st October 2019 stirred a new debate on corruption when it issued new guidelines on the procedures anti-corruption agencies must adopt in the bid to manage and dispose of recover stolen wealth or illicit assets. A wave of criticisms continue to trail the directive with anti-corruption groups saying it was an attempt to thwart the efforts of the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offenses Commission (ICPC), all other Anti-Corruption Agencies (ACAs) and Law Enforcement Agencies (LEA).
The Assets Tracing Recovery and Management Regulations 2019 official gazette stated in Section 1 that the objective was to prescribe procedures for all Law Enforcement Agencies (LEAs) and Anti-Corruption Agencies (ACAs) to ensure effective coordination of the investigation of illegally acquired assets and proceeds of crime, tracing and attachment of assets and proceeds of crime, the seizure and disposal of assets and proceeds of crime, and the recovery of stolen assets within and outside Nigeria.
But critics insist the regulation is an attempt to whittle down the EFCC and ICPC powers.
HEDA said in the petition “We hold the stance with respect to the Asset Tracing, Recovery and Management Regulations 2019 that it is overbearing and outreaching and will most certainly result in clashes between the office of the Attorney General of the Federation and the powers reposed in the LEAs and the ACAs.”
HEDA said the National Assembly enacted laws for the smooth operations of the LEAs and ACAs. The Economic and Financial Crimes Commission (EFCC) Act 2004 and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act 2000 made for the proper procedures for the custody of interim and final forfeiture and whose/where the custody of the forfeited properties. Section 30, 31 (1-3) of the EFCC Act makes for the procedure for the proper disposal of the seized assets.
It noted that Section 31(2) provides that upon receipt of the final order, the Secretary of the Commission shall take steps to dispose of the property concerned by sale or otherwise and where the property is sold, the proceeds thereof shall be paid into the Consolidated Revenue Fund of the Federation. Also, Section 37, 38 and 45 of the ICPC Act gives the Chairman and Officers of the Commission the powers to seize assets.
It observed that Section 35 -37 of the Trafficking in Persons (Prohibition) Law and Enforcement and Administration Act, 2015 states that whereupon the receipt of a final order, a person is convicted the Director-General shall take steps to recover such funds.
