An Evaluation of the Efficiency of Asset Forfeiture in Nigerian Criminal Justice Administration

Abstract

Criminal asset forfeiture is a tool adopted in many jurisdictions as a deterrence and retribution from criminal justice delivery perspective. This study seeks to answer how asset forfeiture if adopted as is the case in many jurisdictions, serve as an appropriate criminal penalty against the commission of crime. More importantly, does it prevent further commission of crime? In evaluating its efficiency, this article relies on statutes, cases of asset forfeiture and focuses on contemporary substantive legal provisions. The study finds that asset forfeiture does not serve as adequate deterrence against crime as the total number of forfeitures carried out and the amounts recovered remain at modest level compared to the rising corruption profile in Nigeria. The author observes that the challenge in Nigerian asset recovery is not with the legal provisions but with apolitical influence and the vendetta flavour which has clouded the measures in Nigeria. The work recommends among others further deterrence of imprisonment for those caught as society’s disapproval for such acts.