Headlines
Nigerian Senate passes amended Proceeds of Crime Bill
By Matthew Eloyi
The Senate has passed a reworked version of the Proceeds of Crime (Recovery and Management) Bill, 2022, after amending the provision of clause 74.
The passage of the bill followed the consideration of a report by the Joint Committee on Judiciary, Human Rights and Legal Matters; and Anti-Corruption and Financial Crimes.
According to reports, the Senate had, on March 15, while relying on Orders 1(b) and 52(6) reconsidered its decision on clause 74 of the bill as passed.
The upper chamber had re-committed same to the Committees on Judiciary, Human Rights and Legal Matters and Anti-Corruption and Financial Crimes.
Chairman, Judiciary, Human Rights and Legal Matters Committee, Sen. Opeyemi Bamidele, in his presentation said after the passage of the bill, series of reactions trailed its passage with respect to clause 74 which was amended in the course of deliberations.
In his words, “In the original bill, clause 74 provides that, “Subject to the provisions of this Act, the defendant in any proceedings under this Act bears the burden of proving that he is is legitimate owner of the assets suspected to be proceeds of crime or derived from unlawful activity or that the assets is of legitimate origin and is not proceeds of unlawful activity.”
The Senate, however, amended the clause during consideration to provide that: “The burden of proof shall be on the investigating agencies and there shall be conviction before the property can be finally seized or forfeited to the Federal Government of Nigeria.”
Opeyemi stated that the joint committee while engaging with the investigating agencies was told that maintaining the original provision of clause 74, as recommended was in the best interest of the country.
He said the agencies assured the committee that they would not abuse the powers conferred on them by the provision as they (agencies) were subject to Standard Operating Procedures (SOPs) as well as the guiding principles of Chapter IV on Human Rights in the 1999 Constitution as amended.
The lawmaker emphasised that one of the salient intendments of clause 74 was that it ensures the recovery of proceeds of crime with or without conviction.”
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Crime
NAPTIP urges stiffer penalties for rape
Hajiya Binta Bello, Director-General of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), has called for stricter penalties for rape to serve as a deterrent.
Bello made this demand during the close-out event of the Violence Against Persons Prohibition (VAPP) Law implementation in Cross River on Monday, organised by Stand to End Rape.
Represented by Mr Jacob Oba, Head of Operations, NAPTIP, Cross River Command, Bello emphasised that rape was a heinous crime against humanity.
She advocated for collective efforts to eradicate it through timely reporting, assisting survivors, providing legal services, and awareness campaigns to reduce stigmatisation.
Bello appealed for a united front against rape, reaffirming NAPTIP’s commitment to combating VAPP Act violators, including human traffickers.
On her part, Dr Mercy Kwabe, Co-director of Stand to End Rape Initiative, acknowledged Nigeria’s progress in promoting equal rights through the VAPP Act.
However, she highlighted the need for better public understanding of the law, particularly in local languages.
Kwabe stressed the importance of amending the VAPP Act to incorporate harsher penalties for perpetrators, rather than repealing it.
Similarly, Ms Ann Awa, Chairperson of the International Federation of Women Lawyers (FIDA), Cross River Chapter, echoed the need for full implementation of the VAPP Act across states.
She suggested fine-tuning contentious sections rather than abolishing the law.
The News Agency of Nigeria (NAN) reports that in partnership with agencies like the National Orientation Agencies (NOA), Stand to End Rape Initiative conducted VAPP Act sensitisation in Ikot Awatim community, encouraging residents to report suspected cases.
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