Property Seizure Without Proper Investigation Unconstitutional – Ex-NBA President

Former president of the Nigerian Bar Association, Mr Joseph Daudu, SAN, has described as vindictive, the act of seizing property of suspects without proper investigation.

Daudu, while presenting a communique issued at the end of the 5th annual criminal law review conference to the media, called for the review and amendment of the Administration of the Criminal Justice Act (ACJA) to address evolving needs and challenges with the criminal justice system.

At the event, organised by the Rule of Law Foundation, Daudu said technology should be employed for the advancement of the Administration of Criminal Justice System adding that reliance should not be solely placed on confessional statements in criminal cases.

According to him, a balance should be struck between disclosure and cooperation.

He also said legislation should be made on how to manage disclosure which must be transparent adding that the defence should be carried along in the process.

He said in the communique, “That forfeiture and seizure of suspect’s property pursuant of Proceeds of Crime Act, 2022 without proper investigation makes the Act vindictive and unconstitutional.

“That section 70 of the Proceeds of Crime Act, 2022 which gives the President and the Federal Executive Court power to spend proceeds of forfeiture, before the final determination of the guilt or otherwise of the Defendant is anathema and lawyers should either individually or in group through public interest litigation, challenge this infraction.

“That multiplicity of actions and institution of both criminal and civil actions to run consecutively and concurrently pursuant to the Proceeds of Crime Act, 2022 is an abuse of court process. That there is need for updates of existing laws and regulatory frameworks for cyberspace and cybercrime in Nigeria.

“That lawmakers and stakeholders should work assiduously to ensure that Artificial Intelligence (Al) is integrated in our laws to maximize the potential this technology presents for the benefit of society.”

He said holistic reform of the criminal justice system should be legislatively and judicially undertaken to restore confidence and trust and should specifically target law enforcement and the judiciary.

He also said NGOs and other key actors should constructively engage with traditional, religious, and community leaders to enlighten them about their civic duties and the danger of applying traditional penal measures.

According to him, legal practitioners are encouraged to take out fundamental right enforcement actions against perpetrators of inhuman and evil acts whether institutions are willing to prosecute them or not.