http://odili.net/news/source/2008/aug/7/310.html


[center]EFCC seeks to seize illegal assets of president, others [/center]
[center]Written by Tordue Salem
Thursday, August 7, 2008 [/center]

The Economic and Financial Crimes Commission (EFCC), has proposed a law to the National Assembly to allow it forfeit ill-acquired assets of a sitting President and other political office holders.

The Chairman of the EFCC, Mrs. Farida Waziri who presented the draft Bill to the House Committee on Drugs, Narcotics and Financial Crimes yesterday at the New Complex of the House of Representatives along with United Kingdom crime consultants, Mr. Martin Polaine and Alvinder Sambai, said if passed the Law would help ease the seizure of stolen wealth.

She regretted that though the Commission had catalogue of cases against certain highly placed individuals, action could not be taken against them, because of their relationships in high places.

“Some two years back we had high profile cases of cases involving highly placed people with ill gotten assists, who were going about freely within the country and abroad but could not be prosecuted and their assets could not be seized due to one reason or the other.

“So I am talking about assets that are movable and immovable, invisible and visible. For three years their trial has not commenced when the EFCC filed the cases against them.” She said

Mrs. Waziri said “this people are enjoying the proceeds of their crime while they should be standing trial. If we had this law in place they should have forfeited their assets and we would have taken it back to be it belongs.

“Once they know that at the end of the day the properties would be forfeited to the state, they would tell their children to take care of themselves because once they forfeit it their would be nothing left.

On what the Commission intended to do with seized cars, she said “government can’t provide you with all you want, so what you need to do is to make use of what you have.”

Mr. Polaine while giving highlights on the proposed Bill before the Committee, said “previously we worked as prosecutors and capacity building assistants to fight crime. With the request by t he EFCC and USAIDS and the United Nations, we have been asked to draft a law on civil forfeiture.

“The Bill if passed will empower the agencies for fighting crime and make civil applications to High Courts for forfeiture of Assets acquired through criminal means.”

Polaine also disclosed that the action would be a civil action and not a criminal one.

“It is not a Bill that will reverse the burden of proof. The burden of proof will; remain with the prosecuting authorities That is the EFCC or any commission that would compliment what the Commission’s doing right now.

He adviced that an “A new agency should be set up to bring civil forfeiture claims. It is important for a moment to dwell on the terminology realm that is the forfeiture of property. The possessor of the property will not stand the risk of conviction.”

We must be sure that the property is from a lawful activity and not a criminal one. The law is not considering conviction based forfeiture but seizure.”

Polaine also disclosed that the Courts would decide if the property in question would be forfeited, “But the beauty of the law is that the state and individuals could bring civil cases against the suspects. People must prove how they acquire their wealth. It is very difficult to get criminal devising methods to cover his tracks when we have this law in place.”

He also referred to South Africa , Australia , Canada United Kingdom United States and Fiji Island where the Law of civil forfeiture obtained, but said that the challenges however may be in the Constitutionality and right to ownership of property and interference with the human rights of an individual.

“The reality is that where there are challenges we would not reject them in their entirety. Another challenge will be in Section 308 of the 1999 Constitution that gives Public Office Holders immunity from prosecution. It seems to us from everything we have heard, that section 308, will apply in the course of our work, as the person in question may say that he is not in a position to stand trial”.

Chairman of the Committee Rep. Dave Salako said” the visits and interaction would not have come at a better time than now, why because we have al been told why this bill has come to being. We have to move forward. This Bill I believe all my colleagues will support it.

“It won’t help us if we are allowing criminals to continue to enjoy ill-gotten wealth.

What the consultants and the EFCC have said and brought to us will no doubt strengthen our fight against crime”.

However since the Bill is not coming from the Executive, a member of the House would adopt it as a private member Bill, before it may pass through the National Assembly for Executive signing into law.

sheeeeeeeeeeeeah riiiiiiight.