Following the final passage of the long awaited President Muhammadu Buhari’s bill on Mutual Legal Assistance in Criminal Matters on Tuesday last week by the House of Representatives, the Chairman of the House Committee on Financial Crimes, Kayode Oladele, has hinted that the bill will soon be transmitted to the President for his assent.
Oladele made this disclosure in a chat with the media in Abuja on Tuesday.
He also stated that the bill, which had been passed by the Senate, would provide a comprehensive legal framework that would strengthen the fight against corruption, terrorism, economic and financial crimes, money laundering and other related offences in addition to effecting the temporary transfer of persons in custody to assist in investigations or appear as witnesses, facilitate obtaining and preserving of computer data, and providing any other assistance that is not contrary to the law of the requesting state.
According to Oladele, the passage of the bill is very crucial to the war against corruption because it will eliminate territorial and jurisdictional problems often encountered by Nigeria when dealing with the investigation and prosecution of cross border corruption cases.
He said: “The House passed both the Proceeds of Crime Bill and the Mutual Legal Assistance in Criminal Matters bill the same day in order to underscore our determination as contained in our legislative agenda to strengthen and institutionalize the fight against corruption and terrorist financing in Nigeria rather than just relying on political will alone which is not sufficient without necessary legal frameworks and strategy.”
Also speaking on the importance of the bill when it was passed by the Senate, the Chairman of the Senate Committee on Judiciary, Senator David Umaru, stated: “The globalization and advancement in information and communication technology have made it imperative for a legislation of this nature to be put in place in order to promote cooperation for the prosecution of cross border offenders and transnational organized crimes.”
Both Senator Umaru and Hon. Oladele are of the view that the bill, when signed into law, would strengthen the fight against corruption, economic and financial crimes, money laundering and also assist in the reduction or elimination of offences with cross border dimension, including advance fee fraud and proliferation of weapons of mass destruction.
Furthermore, they said the enactment of the law would enable Nigeria to obtain evidence, identify suspects, witnesses and seek transfer of suspects abroad.
In addition, it would serve as a fulfillment of one of the requirements for Nigeria to be admitted as a member of the Financial Action Task Force following Nigeria’s application to join the global body in 2014.
Distinguishing between the extant law on mutual legal assistance and the current bill, Oladele stated that the “Mutual Legal Assistance in Criminal Matters in the Commonwealth (Enactment and Enforcement) Act, 2004 is only operational in the commonwealth countries and is limited in scope.
“Therefore, both the legislature and the executive are in agreement that there is an urgent need to enact a holistic law with wider range for the investigation and prosecution of extra-territorial or transnational organized crimes.”
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