Reps Move to Empower EFCC, Others to Seize Unexplained Wealth Without Conviction

By Philomina Brando

 

The House of Representatives on Wednesday passed for Second Reading a bill seeking to empower the Economic and Financial Crimes Commission (EFCC) and other anti-graft agencies to confiscate assets linked to unexplained wealth without requiring a criminal conviction.

 

The proposed legislation, sponsored by the Chairman, House Committee on Navy, Hon. Yusuf Gagdi, seeks to amend the Money Laundering (Prevention and Prohibition) Act, 2022 to introduce civil forfeiture mechanisms into Nigeria’s anti-corruption framework.

 

Leading debate on the bill, Hon. Gagdi said the amendment aims to strengthen the country’s legal tools for asset recovery by enabling law enforcement agencies to recover properties whose legitimate sources cannot be justified.

 

He noted that despite existing laws, proceeds of unlawful activities continue to infiltrate the financial and property systems through sophisticated concealment and layering methods.

 

“Mr Speaker, while the current Act provides for criminal prosecution for assets derived from illicit sources, it places a high evidential burden on law enforcement agencies that often frustrates the timely recovery of stolen assets,” Gagdi said.

 

“This bill seeks to strengthen the existing anti-money laundering legal framework by introducing a civil recovery mechanism that enables the recovery of unexplained wealth through non-conviction-based proceedings,” he added.

 

The Plateau lawmaker lamented that many individuals who cannot justify their assets continue to live lavishly beyond the reach of the law due to evidential difficulties, legal technicalities, and deliberate delays.

 

According to him, the proposed amendment will create a clear legal pathway for civil recovery orders against unexplained wealth, empower the EFCC and other anti-corruption agencies to apply to a High Court for restraining orders, and compel respondents to justify the legitimate origins of their assets.

 

Gagdi further noted that similar mechanisms have proven effective in jurisdictions such as the United Kingdom, Kenya, and South Africa in curbing corruption and deterring impunity.

 

“This bill is not a punitive tool, but a preventive and corrective measure designed to promote transparency, integrity, and accountability in both the public and private sectors,” he said. “It seeks to ensure that every Nigerian lives within the means of their legitimate income and that the proceeds of corruption, fraud, and criminal enterprises are not shielded by political or economic power.”

 

He urged his colleagues to support the passage of the bill, describing it as a bold step toward ensuring that crime does not pay in Nigeria and that the country remains aligned with global best practices in combating corruption and illicit financial flows.

 

The bill was thereafter referred to the House Committee on Financial Crimes for further legislative action.

 

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