THE IMPERATIVES OF ASSETS RECOVERY: PLEA BARGAINING OR CIVIL RECOVERY?

Abstract

Civil recovery proceedings are initiated to recover or confiscate assets that are believed to be the proceeds of crime. The process of is a lot easier than conviction-based asset forfeiture because the standard of proof required is the balance of probability rather than proof beyond reasonable doubt. While the civil assets recovery regime in Nigeria has its uses and should be reformed and retained, it is inadequate to resolve political corruption and money laundering cases in Nigeria. Consequently, a workable plea-bargaining process which emphasise and maximise conviction-based recovery of the proceeds of crime with the additional deterrent effects, such as the fact that convictions also render the convict ineligible for public office either by election or appointment, will be more efficacious than civil recovery for Nigeria, especially in the prosecution of economic and financial crimes.