Connect with us

News

Senate passes re-amended Proceeds of Crime Bill

Published

on

FEDERAL UNIVERSITY OF MEDICAL AND ENVIRONMENTAL SCIENCES, IYIN-EKITI: A LANDMARK ACHIEVEMENT OF SEN. MICHAEL. OPEYEMI BAMIDELE
Senator Michael Opeyemi Bamidele
Share

 

The Senate, on Wednesday, passed a re-worked 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.

The chamber, on 15th March, 2022, while relying on Orders 1(b) and 52(6) rescinded its decision on clause 74 of the bill as passed and re-committed same to the Committees on Judiciary, Human Rights and Legal Matters and Anti-Corruption and Financial Crimes.

Chairman of the Judiciary Committee, Senator Michael 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 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”.

The Senate, about two weeks ago, recommitted the Bill to the Joint Committee to engage the relevant Agencies with a view to safeguarding against the alleged abuse, and to report back with its recommendation.

Opeyemi stated that the Joint Committee while engaging with the investigating agencies, was told by the latter that maintaining the original provision of clause 74, as recommended by the former, was in the best interest of the country.

He said the agencies assured the Joint Committee that they would not abuse the powers conferred on them by the provision, as they (agencies) are subject to Standard Operating Procedures (SOPs) as well as the guiding principles of Chapter IV on Human Rights in the 1999 Constitution as amended.

According to the lawmaker, “the provision of the original Bill, which provides that the burden of proof lies on the defendant rather than on the Investigating Agencies, as provided in the amendment clause, is appropriate in line with global best practices and convention.”

He explained that making it mandatory for a criminal conviction to be established before forfeiture and seizure of proceeds of crime or assets derived from unlawful activities is against the general interest of the intendment of the Bill and not in conformity with similar legislations in other jurisdictions.

“Besides, the standard of proof in civil matters is on the balance of probabilities”, he said.

Opeyemi added that maintaining the provision of clause 74 of the Bill, as passed by the Senate would undoubtedly undermine Nigeria’s commitment and obligation to the United Nations Convention Against Transnational Organised Crime (UNTOC), which Nigeria is signatory to and has ratified.

He further observed that the amended clause is inconsistent with the principles of Article 12 of the United Nations Convention Against Transnational Organised Crime (UNTOC), which stipulates that States Parties may consider the possibility of requiring that “an offender demonstrate the lawful origin of alleged proceeds of crime or other property liable to confiscation.”
 
He said that one of the recommendations of the Financial Action Task Force on Non-Conviction Based Asset Forfeiture, provides that “Confiscation and provisional measures should adopt measures similar to those set forth in the Vienna Convention, the Palermo Convention, and the Terrorist Financing Convention, including legislative measures to enable competent authorities to freeze or seize and confiscate assets without prejudicing the rights of bona fide third parties.” 

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.

The report on the Proceeds of Crime Bill 2022, after consideration by the Committee of the Whole, was passed by the upper chamber in plenary.
 

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Natasha Not Suspended for Sexual Harassment Allegation, But Violation of Standing Orders, Senate Clarifies

Published

on

Nigerian Senate
Senate
Share

The Senate has faulted pervasive claims that one of its members representing Kogi Central, Senator Natasha Akpoti-Uduaghan was suspended for accusing the President of the Senate, Senator Godswill Akpabio of sexual harassment.

Rather, the upper chamber clarified that Akpoti-Uduaghan was suspended specifically due to her flagrant disobedience to Sections 6.1 and 6.2 of the Senate Standing Orders 2023 (As Amended) and her unparliamentary behaviour during its plenaries and proceedings.

The Leader of the Senate, Senator Opeyemi Bamidele made these clarifications in a three-page statement released on Saturday amid the deliberate misinformation and false narratives being circulated by certain media organisations.

Contingent on the report of its Committee on Ethics and Privileges, the Senate had suspended Akpoti-Uduaghan for six months over alleged misconduct and refusal to comply with its sitting arrangement during the plenary.

The Senate upheld her suspension with a proviso that if Akpoti-Uduaghan “submits a written apology, the leadership of the chamber may consider lifting the suspension before the six-month period expires.”

Rather than submitting to the Authority of the Senate, Akpoti-Uduaghan had been misinforming the unsuspecting public that she was suspended because she accused the senate president of sexual harassment.

In a statement he released on Saturday, however, Bamidele clarified that the disciplinary action against Akpoti-Uduaghan was unequivocally a response to her repeated violations of legislative decorum.

In the same vein, the statement further clarified that Akpoti-Uduaghan’s petition on sexual harassment failed to meet the clear and established procedural requirements for submitting petitions to the Senate.

The statement reads in part: “It has come to the attention of the Senate that some media reports are attempting to falsely suggest that Akpoti-Uduaghan’s suspension was due to allegations of sexual harassment.

“This is completely untrue, misleading, and a calculated attempt to distort the facts. If Akpoti-Uduaghan had strictly followed our guiding principles, the Senate would have treated her petition based on merit in line with its practice. But she never obeyed the established practices of the institution where she was serving,” the statement said.

Specifically, the statement revealed that Akpoti-Uduaghan’s suspension was “a decision of the Committee of the Whole Senate, following the submission of a report by the Chairman of the Senate Committee on Ethics and Privileges.”

The statement noted that the report found Akpoti-Uduaghan guilty of violating Sections 6.1 and 6.2 of the Senate Standing Orders 2023 (As Amended) and recommended her immediate suspension.

As established in the findings of the Senate Committee on Ethics and Privileges, the statement pointed out that the disciplinary action was “a response to Akpoti-Uduaghan’s repeated violations of legislative decorum stated as follows:

” Refusing to sit in her assigned seat during plenary on 25th February 2025, despite multiple pleas from the Minority Leader and other ranking Senators—an act of open defiance and disorderly conduct.

“Speaking without being recognized by the presiding officer, in clear violation of parliamentary practices and procedures on 25th February 2025.

“Engaging in unruly and disruptive behavior, obstructing the orderly conduct of Senate proceedings. Making abusive and disrespectful remarks against the leadership of the Senate.

“Defying and refusing to comply with the summons of the Senate Committee on Ethics and Privileges mandated to investigate cases of misconduct,” the statement highlighted violations of the Senate Standing Order 2023 (As Amended) by Akpoti-Uduaghan.

The statement, therefore, noted that these actions represented a direct challenge to the Authority of the Senate and a violation of the Senate Standing Orders 2023 (As Amended) that govern the business of the Senate and the conduct of all its members without any exception.

The statement noted that the disciplinary measure was imperative, necessary and justified to restore order and uphold the integrity of the Senate as the country’s foremost democratic institution.

“Contrary to the false claims being circulated, Akpoti-Uduaghan was not suspended for making any sexual harassment or for submitting a petition. Her petition was rightfully discountenanced because it failed to meet the clear and established procedural requirements for submitting petitions to the Senate.

” The rules of the Senate apply to all members without exception, and no petition—regardless of its subject—can be considered if it does not follow due process. To suggest that her suspension was linked to her petition is not only a distortion of facts but an intentional and malicious attempt to mislead the public,” the statement noted.

While thanking some media organisations for their reporting, the statement urged the media not to distort facts to suit a false narrative expressing dissatisfaction with an attempt to politicise a disciplinary action that was strictly based on clear violations of Senate Standing Orders 2023 (As Amended).

The statement said: ” This coordinated misinformation campaign is nothing more than an attempt to politicise a disciplinary action that was strictly based on clear violations of Senate Standing Orders 2023 (As Amended).

“It is reckless, misleading, and a disservice to the people of the Federal Republic of Nigeria, who deserve truthful and factual reporting. We, therefore, urge all foreign correspondents and responsible media houses to correct these misrepresentations and avoid propagating falsehoods that undermine the integrity of Nigeria’s legislative process.”

 

 

Continue Reading

News

Bill To End HND, BSc Dichotomy Scales Second Reading In The House

Published

on

Federal House of Representatives
Share

A bill to abolish the dichotomy and discrimination between Bachelor’s Degree holders and Higher National Diploma (HND) holders has scaled second reading in the House of Representatives.

According to the Speaker, Tajudeen Abbas, the bill sought to replace HND with Bachelor of Tech so that graduates of polytechnic would be able to compete favourably with other university graduates.

The bill, which was sponsored by a member, Fuad Laguda from Lagos State, also emphasised the importance of technical education.

Speaker Abbas said the position taken by all boards of polytechnics in Nigeria is “the abolition of HND and in place of it to have Bachelor of Technology so that at least graduates of polytechnics will be able to compete with those from universities”.

“At the same time, they are calling for hybrid supervision where the degree component of the polytechnic education will be handled by the NUC (National Universities Commission) while the national diploma will continue to be handled by the NBTE (National Board for Technical Education).

“Because of the degree component of this amendment, they felt that the qualification for being rector should also be upgraded to a Ph.D holder at the minimum since you will now be talking about degree programmes, it is only proper for such kind of establishment to have a Ph.D holder as the head of the institution,” he said.

Abbas subjected the bill to a voice vote and the lawmakers approved it to scale second reading.

 

Continue Reading

News

Tax Reform Bills: Senate To Consider Viable Opinions Of Stakeholders

Published

on

Nigerian-Senate
Nigerian-Senate
Share

The chairman, Senate committee on Finance, Senator Sani Musa, says the Senate will consider viable opinions of all stakeholders in the passage of current Tax Reform Bills .

Senator Musa who stated this during an interview with newsmen in Abuja emphasized the need for Nigerians to be patient for a tax regime that would be beneficial to all and sundry.

He explained that the red chamber would evolve a legislation that is workable in line with international best practices.

Senator Musa told newsmen that president TINUBU needs one trillion dollar economy adding that the proposed Tax regime would outlive every individual including the lawmakers.

Continue Reading