In Nigeria when we say government agency is seizing assets on mere suspicion, the law makes a sharp distinction between Interim / Preservation order and Final forfeiture.
Legal Interpretation in Nigeria
What the Constitution says:
Section 36(5) – Presumption of innocence:
Every person charged with a criminal offence is presumed innocent until proved guilty by a court. You cannot be punished as a criminal without trial and conviction.
Section 44(1) & (2) Right to property: No moveable or immoveable property shall be taken without compensation and due process.
BUT Section 44(2)(b) creates an exception: the law can provide for forfeiture of property which is reasonably suspected to be proceeds of crime. That is the window agencies use.
Section 36(1) – Fair hearing: No property can be finally taken without you being heard in court.
Interim / Temporary Seizure – LEGAL but must have court order: Under Section 28 & 29 EFCC Act, Section 17 Advance Fee Fraud Act, and now Proceeds of Crime (Recovery and Management) Act 2022, EFCC, ICPC, NDLEA can go to Federal High Court ex-parte and show “reasonable suspicion” or “prima facie evidence” that property is proceeds of unlawful activity.
The court can grant an interim forfeiture order for 14 days for you to show cause why it should not be finally forfeited.
This is a preservation measure, not a conviction. In practice, Court orders public notice, as in recent Lagos diesel fraud case.
Final / Permanent Forfeiture without conviction – Non-Conviction Based (NCB) Forfeiture: This is civil, not criminal.
The action is against the property, not the person.
The Court of Appeal in La-Wari Furniture v FRN (2018) expressly said: "The Appellant was never on trial for a criminal offence, therefore doctrine of presumption of innocence is not applicable...The issue of innocence does not come into play in a non-conviction based forfeiture
. Where it becomes ILLEGAL:
If agency seizes without any court order, or refuses to charge you to court, or relies on Section 29 EFCC Act which automatically forfeits before trial, courts have struck it down.
In Nwaigwe v FRN, Court of Appeal held Section 29 violates presumption of innocence. Seizure without judicial authorization violates Sections 36 and 44.
So the summary: Government CAN freeze/seize on reasonable suspicion, but ONLY with a court interim order, and must give you opportunity to defend.
It CANNOT permanently take it as punishment without court trial, but it CAN permanently forfeit it through civil NCB process under Section 44(2)(b).
International Law Position
International law is similar:
Universal Declaration Art 11, ICCPR Art 14(2), African Charter Art 7(1)(b): Presumption of innocence, fair trial, right to property.
UNCAC Article 54(1)(c): Expressly encourages state parties to allow confiscation without criminal conviction where offender cannot be prosecuted due to death, flight or absence.
This is the international basis Nigeria used to enact Proceeds of Crime Act 2022
The test under international best practice: Interim seizure is allowed as a precautionary measure to prevent dissipation, but final confiscation requires judicial review, proportionality, and right to appeal.
Arbitrary seizure without judicial oversight is considered violation of property rights.
B- Effect on Contesting for Political Office
This is where Nigerian electoral law is very protective.
The Constitution lists disqualification grounds in Section 66 (National Assembly), Section 137 (President), Section 182 (Governor).
You are disqualified ONLY if you:
Have been convicted and sentenced for an offence involving dishonesty or fraud by any court or tribunal, or
Have been found guilty of contravening Code of Conduct, etc., within 10 years before election.
Mere investigation, arrest, interim forfeiture, or even pending criminal trial does NOT disqualify you.
NoThe Supreme Court settled this in Action Congress v INEC and Atiku cases: The Court held “The disqualification in section 137(1) clearly involves a deprivation of right and a presumption of guilt for embezzlement or fraud in derogation of the safeguards in section 36(1) and (5) of the Constitution.
The trial and conviction by a Court is the only constitutionally permitted way to prove guilt”. Indictment by administrative panel cannot
disqualify.
Therefore:
If EFCC has seized your assets on suspicion, you are still legally qualified to contest, obtain nomination form, and appear on INEC ballot.
INEC cannot disqualify you on that basis. Electoral Act 2022 Section 29 also requires court conviction.
The only way it affects you politically is reputationally. Opponents will use it, party screening committees may raise moral questions, but legally until there is final conviction by a court of competent jurisdiction affirmed on appeal, you remain eligible.
If the forfeiture becomes FINAL after you failed to show cause and court orders final forfeiture under Proceeds of Crime Act, that final civil order is still not a criminal conviction, so it still does not trigger Section 137(1)(d) which talks about “any other offence imposed on him by any court”.
Many lawyers argue even civil forfeiture is not disqualifying unless linked to a criminal conviction for fraud/dishonesty.
Practical advice: If your assets are under interim order, challenge it within 14 days with affidavit showing legitimate source, and insist on your right under Section 36. For political ambition, get a Certified True Copy showing no conviction exists to present to INEC and your party.
– Benjamin Ibrahim writes from Lokoja, Kogi state.
+2348069596250
