Evaluating Civil Forfeiture as an Anti-Corruption Mechanism in Nigeria
Creators: name: EHIGIE, EVELYN NNEKA
Publisher: name: University of Surrey
Year: 2020

description: Nigeria is a developing country in West Africa with high incidences of public sector corruption. One significant outcome is the massive outflow of public funds and the lack of resources for its social, economic and infrastructural development. The country has lost an estimated US$400 billion to corrupt practices since it gained its independence from British colonial rule in 1960. Between 2006 and 2013, fifty-five high-ranking public officials and private businessmen illicitly diverted a total of US$7.05 billion to themselves. As a result, 61% of over 190 million people live below the poverty level and an estimated 70% of the country’s revenue is spent on less than 20% of its population.
description: The country has an anti-corruption and asset forfeiture regime but in practice, it encounters several challenges, particularly in utilising the criminal law procedure to recover corruptly acquired properties, monies and other assets of high-ranking public officials. This process not only requires a high standard of proof but it is also time-consuming and resource intensive. Nigeria recognises the limitations of its laws on asset forfeiture with its plan to implement a ‘proceeds of crime’ law, which will include civil forfeiture for the first time as an additional mechanism. This will bring it closer to complying with the requirements of the United Nations Convention against Corruption (UNCAC) on asset recovery that it signed in 2003. In this case, on implementing a non-conviction based forfeiture (NCBF) procedure under Article 54 (1) (c) of the UNCAC.
description: In addressing the gaps in anti-corruption legislation and in supporting a successful anti-corruption and asset forfeiture practice in a low-income country with corruption issues, this thesis focuses on the overarching research question: How can Nigeria implement and enforce an effective NCBF mechanism to aid its asset recovery efforts and possibly reduce corruption in public office? Using a constructivist grounded theory method of inquiry, the evaluation of interviews from the perceptions of anti-corruption stakeholders, related media reports and relevant literature provides a continuous comparative analysis and validation process on the research issue.
description: The results indicate that the interaction of underlying issues of widespread corruption, failing public institutions, dysfunctional governance, ineffectual systems, and laws and mechanisms deeply increases mistrust and self-interested attitudes in people which, in turn, has a huge negative impact on asset recovery enforcement in practice. This thesis argues on the significance of collective participation and action in effective anti-corruption and asset recovery processes. It further argues on the necessity of a simultaneous, balanced anti-corruption approach that combines infrastructural development, social rehabilitation, people empowerment and participation with regulatory, policy and capacity reforms of its public institutions in order to create a conducive environment for asset recovery. The thesis concludes that to successfully enforce the NCBF mechanism, this approach must be underpinned by the direct recognition and emphasis of public office as a position of trust in respect of state resources.