The legislation is titled, ‘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.’
The sponsor of the bill, Senator Suleiman Kwari, in his lead debate, said the proposal passed first reading on March 16, 2021, and was also listed among the versions of bills of interest contained in the recent communication from the President, Major General Muhammadu Buhari (retd.), to the National Assembly.
Buhari had last week appealed to the parliament to pass three anti-corruption bills on proceeds of crime, whistle-blower and witness protection.
The Senate had on Tuesday passed the Witness Protection Bill for second reading.
Kwari said the main objective of the bill was to provide for the establishment of a department in the 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.
He said, “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.
In his submission, Senator Smart Adeyemi, stated that it had become expedient for government to go after anyone who cannot account for how they acquired their properties.
“In supporting this bill, Mr. President, I hold the view that the people who have acquired their properties legally and with good funds have no cause to fear,” he said.
The Deputy Majority Whip, Senator Aliyu Sabi-Abdullahi said, “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.”
Senator Stella Oduah, who is under the radar of the Economic and Financial Crimes Commission, however, kicked against the bill.
Oduah 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. 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.”
President of the Senate, Ahmad Lawan, after the second reading, referred the bill to the Joint Committee on Anti-Corruption and Financial Crimes; and Judiciary, Human Rights and Legal Matters.
The joint committee was given four weeks to report back to the Senate in plenary.
Meanwhile, a bill seeking to broaden the functions of the Public Complaints Commission also scaled second reading on Wednesday.