EFCC, ICPC no more eligible to seize assets in corruption cases
A government gazette has just published has stripped the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices And Other Related Offences Commission(ICPC) of the powers to seize assets of people being investigated.
According to the gazette, Vol. 106, No 163, entitled, “Asset Tracing, Recovery and Management Regulation 2019’’, dated Oct. 29, 2019 such powers have now been transferred to the Office of the Attorney-General of the Federation (AGF).
Hitherto, the EFCC and the ICPC had the powers to initiate non-conviction based forfeiture. With the new directive, only the AGF can initiate seizure orders from the court.
“All non-conviction based forfeiture shall be conducted by the Office of the Attorney-General of the Federation.
“Where a non-conviction based forfeiture procedure arises, the LEA (Law Enforcement Agency) and ACAs (Anti-Corruption Agencies) shall transfer the matter to the Office of the AGF,’’ the gazette states.
In addition, all seized assets shall be registered by all the Ministries, Departments and Agencies of government while all final forfeited assets recovered by agencies shall be handed over to the AGF within 60 days from the commencement of the regulations of management