contributions with respect to the observations made last week at the
Public Hearing of the Senate Joint session.
On Difference in framework, HEDA opined that the creation of a new
agency is contrary to government reports on reduction of agencies.
For Assets Management Skills, HEDA suggested employment of new staff
or second some from the law enforcement and anti corruption agencies.
More so on existing mandates of relevant agencies to manage and
dispose forfeited assets, HEDA suggested creation of a new agency with
conflicting power of management, freezing, recovery, disposal,
seizure, tracing and confiscation powers, similar to existing ACAs and
LEAs inimical to collaboration and efficient management of proceeds of
crimes.
Meanwhile, on financial implications for execution of mandate on
nationwide and international assets, the civil society organization
maintained that, it was potentially impracticable and impossible,
considering the inability of Ministry of Justice to currently fund
recovery of assets but rather employing services of external lawyers
on no win, no fee basis.
For the agency’s relevance in changing nature and scope of financial
crimes and money laundering, the civil group affirmed that the agency
would need to conduct its own investigations and prosecution of money
laundering, terrorism financing etc and matters concerned.
For response to perishable forfeited assets nationwide, the group
asserted that could be difficult, cumbersome and expensive with a
center-dependent bureaucracy with other ACAs and LEAs.
On proper handling of Exhibits at Interim Forfeiture stage, as well as
how it might disrupt the fight against graft, HEDA submitted that
Handling exhibits could jeopardize a successful prosecution and it
would be very disruptive given the controversy surrounding the ongoing
assets disposal by the AG’s office.
On who are the Proponents and supporters, HEDA again said the the
Honourable Attorney of the federation (HAGF), finding its compliance
with Orasanye’s report and government white paper on not creating new
agencies, HEDA opined it contravenes the whole Ideas.
For Accountability/Governance mechanisms, it maintained that there
should be a Central Data Base in HAG’s Office and Quarterly Report to
NASS Public Accounts Committees.
More so on Accessibility to Forfeitures Records, the anti-corruption
CSO suggested that Records domiciled in the Courts/NJC and National
Data Base be made open for scrutiny.
On the FATF Recommendation of POCA as captured in the lead debate of
POCA Bill, HEDA said- No agency was recommended while on The Effect of
Expunged provisions of other LEAs and ACAs, it pushed for the
expungement of relevant provisions in other ACAs and LEAs mandates
needing amendment of all the Acts.
