A Critique of the Nigerian Proceeds of Crime (Recovery & Management) Act 2022

Abstract

Organized crime is a hazard to national security and the realization of institutional principles. Any society plagued by this menace must stir itself up to leave no safe space for any individual or entity seeking to surreptitiously transfer, conceal or utilize the proceeds of crime and corruption or to evade sanctions. In past decades, Nigeria’s effort expended on the anti-corruption war, although commendable, has not been met with commensurate outcome. This article examines Nigeria’s anti-corruption legislation in respect of the Proceeds of Crime (Recovery and Management) Act 2022 by providing legal analysis of this legislation in comparison with international best practices in the acquisition and disposal of these assets of crime. With the enactment of the Proceeds of Crime (Recovery and Management) Act 2022, the recovery of assets from the proceeds of crime remains the first priority of this legislation to meet the Government’s ambition to steadily increase the value of assets denied to and recovered from criminals. It does appear that the jurisprudential basis for the enactment of the Act is for the recovery of these assets through civil proceedings.
 Keywords: criminal liability; forfeiture; Nigerian legislation; non-conviction-based recovery; proceeds of crime; right to property; stay of proceedings.