CORRUPTION

Talking Points by Emmanuel Uche, Anti-Corruption Program Manager, Justice

for All Programme at the Stakeholders Roundtable on the Proceeds of Crime


Corruption, particularly in the public sector is about the most difficult crimes to

effectively prosecute, talkless of convict, particularly in developing nations where

institution and legal frameworks are still developing.  When prosecution manages to

pull through and conviction is secured, more often than not, the criminals are still

allowed to keep the proceeds of their criminal activities.  Is there a problem with

this?  Yes, everything goes wrong with this!

Allowing criminals to keep the proceeds of their criminality…

• Encourages re-investment in criminal enterprise.  The best examples of this

was Pablo Escobar, the Colombian cocaine dealer. He started his criminal life

stealing car radios before he graduated to drugs-dealing. By the time he died

in a police ambush he was worth over $2billion.

• Keeping one loot sure demonstrates that crime pays thereby

• Sets criminals up as negative role models and …

• Encourages more crime and influences others to take up a criminal lifestyle

• Raises the cost of law enforcement and due process

• Kills off legitimate business as they launder their money through store-

fronts.  No Legitimate business can compete with one funded by laundered

money and proceeds of cime.  This perhaps accounts for why Abuja has about

highest number of uninhabited world class houses in the world and is also

one of the cities with the highest number of homeless people.

• Pervades corruption through all levels of society, business and government

Allowing criminals to keep the proceeds of their criminality…

• Allows criminals to become all-powerful, creating an environment where

crime and criminals flourish as they are able to pay for protection from the

rule of law by bribing the law enforcement and the judiciary.  Also bribes

politicians to prevent laws being passed, Bribes the Press to show them in a

good light.  It equally creates The ‘Robin Hood’ effect where they ‘buy-off’

local citizens to warn them of police action and rally round whenever

enforcement is threatened.  It gives criminals the ability to hire thugs to

protect them and also to hire others cronies to take over their criminal

enterprises in order to distance themselves from their crimes

Allowing criminals to keep the proceeds of criminality -

• Damages Nigeria’s –Economy through corruption of politicians, failure to pay

taxes and capital flight. Recent statistics show that approximately $1bn

leaves the shores of Nigeria daily officially declared.    Health and well-being

is affected by allowing fake medicine to proliferate and illicit narcotics to

spread throughout the country encouraging human trafficking and

destroying our international reputation as a corrupt country where fraud

and corruption is allowed to flourish

What can be done?

• Enactment of a Tough Legislation to target the proceeds of crime

• Establishment of a transparent asset recovery mechanisms

• Better trained and supported law enforcement

• Robust legal and regulatory regime

The Tough New Legislation to the rescue is the Proceeds of Crimes Act (POCA)

 The bill is tightly focused on recovering illegally acquired property with or

without conviction, through forfeiture, confiscation or civil recovery.  

 Provides the powers to seize, freeze, and restrain criminals from dealing

with their property

 Make new financial investigation powers available to all law enforcement

 It also recognizes the constitutional rights of the citizen but may put the

burden of proof on the defendant to show that assets were not illegally

acquired

 Transparent Asset Recovery Regime

POCA will provide for the establishment of New Asset Recovery / Management

Agency

 Providing a strong ground for complex cases and international asset

recovery and repatriation, promotes proper management of recovered

asset/fund

 Provides for adequate victims compensation

 Assets managed during recovery process such that buildings, businesses and

vehicles not allowed to deteriorate in order to maximise the recoverable

amount

 Funds made available for education, health, youth development, mass

housing, rural electrification, agricultural reform, water and sanitation etc.

Shift of focus

• Ensure that asset recovery is at the forefront of justice delivery,

• Early identification and preservation of assets

• Ensure that asset recovery is applied in every case

• Ensures better trained and supported law enforcement

• Qualified financial investigators with professional qualifications working in

dedicated teams with set targets and goals working towards asset recovery

from the start of the investigation and not as an after-thought as has been the

currently the situation

What Key Outcomes can we expect

• Demonstrates that crime doesn’t pay; Shows that criminals are not role

models; Reduces the power that criminals have; Stops investment in

criminality; Reduces bribery and corruption; Improves Nigeria’s image and

standing internationally; Deters more people from committing crime and

Improves the well-being of the citizens.

The Mutual Legal Assistance Treaty facilitates the proper and effective

implementation of the POCA across international boarders.  I therefore beseech

you all by the mercies of God to do all that is within your power to give these gifts of

a lifetime to our dear country Nigeria.  God bless you all and long live Nigeria and its

people.

Uche Emmanuel