Can a candidate who had forfeited property for trafficking in drugs qualify to contest presidential election in Nigeria?
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There is no Uniform Criminal Procedure System, which applies to all Countries in the World. Each Country promulgates their own peculiar system, which conforms to their notion of Criminal Justice. Unlike in Nigeria, the United States practices a System of Civil Forfeiture, which is firmly entrenched in their Criminal Procedure Justice System.
What is the nature and significance of Civil Forfeiture?
Civil forfeiture is a System of Criminal Procedure practiced in the United State. The essence is to proceed against property or money unlawfully acquired through Criminal activities.
For instance, where money lodged in a Bank is traced to drug dealings or trafficking, the United States will initiate proceedings to confiscate such unlawfully acquired money. The Officials of American State will initiate proceedings in a Court for the forfeiture of such money to the State. This action is usually instituted against drug barons to confiscate their unlawfully acquired money deposited in American Banks.
It should be noted that Civil Forfeiture is an integral part of a broader system of Criminal Procedure, which is sharply divided into two categories, with the ultimate aim of bringing a suspected offender to justice. The first category targets the proceeds of crime while the second category targets the person involved in the crime. The aim of this broad system is to save cost and time in criminal prosecution. There is also the underlying aim to acquire enough resources to sustain the massive structure in the administration of criminal Justice in the United States.
What is the Meaning of Forfeiture?
According to Black’s Law Dictionary, 9th Ed, at 722, Forfeiture is defined as the loss of a right, privilege or property because of a crime.
Property in this context means proceeds of crime, which may include money in bank or houses or any other real property.
Although Civil in nature, the basis of this process is the Commission of crime. A person who is suspected to have committed a Criminal offence, and thereby acquired illicit property is compelled to forfeit such property to the State.
What are the features of Civil Forfeiture?
- Procedures are instituted before a court of competent jurisdiction.
- Particulars of the alleged offence are provided.
iii. The prosecution tender’s evidence.
- The Court has made a decision.
- the Court makes order including consequential orders.
Thus, Civil Forfeiture proceedings have the same attributes as normal criminal trial where suspected person is given opportunity to defend themselves.
Where a Civil Forfeiture action is instituted in a Court, the owner of the property can challenge or admit the fact. When he admits the fact, and he complies with order of forfeiture, the matter is ended. This may be regarded as admission by conduct, thereby making the invocation of the second phase or category unnecessary. Generally, where a suspect or accused person admits committing the offence, it relieves the prosecution the burden of further proof- see: Yahaya Baushe Muhammadu v. The State (2020) JSCNLR (Vol. 2) 225 S.C.
When a suspect admits the facts of Civil Forfeiture proceedings, he has directly admitted the facts of his involvement in Drug Crime or trafficking. A person cannot forfeit his money for an alleged offence in which he is innocent! The hallmark of Civil Forfeiture is that where the suspect admits the facts as proffered by the prosecution, he is penalized by forfeiting his property. According to Oxford Advanced Learner’s Dictionary 9th Ed, at 1136, penalty is defined as a punishment for breaking a law, rule or contract.
Is a Candidate who has forfeited property for drug trafficking qualified to contest Presidential Election in Nigeria?
To answer this question, we shall take a look at Section 137(1)(d) of the 1999 Constitution of Nigeria, which provides that a person is disqualified to contest the office of President if he has paid fine for any offence involving dishonesty or fraud (by whatever name called)
What is a fine?
According to Oxford Advanced Learner’s Dictionary (supra)at 581, a fine is defined as sum of money that must be paid for breaking a law or rule. It is a specie of penalty and criminal forfeiture.
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We submit that where a suspect has paid money for an alleged offence, in this case, Drug trafficking, he has been implicated in a Civil Forfeiture proceeding because his conduct amount to admission of the crime.
Drug trafficking is an International Crime and an offender can be prosecuted within a domestic or Foreign Court. Statute of Limitation does not apply to Criminal Proceedings.
The following elements are relevant is this discussion:
(i) did the Candidate forfeit money or was penalized or fined?
(ii) Was it in respect of breaking the law or for an offence?
(iii) Were the facts of criminal omission or Commission adduced in Court?
(iv) Did the Candidate admit those facts?
(v) Did he part with his property in obedience or execution of orders of the court?
Let it be placed on record that in an election petition where an aggrieved candidate alleges forfeiture for Drug trafficking, the onus lies on him to prove that to the satisfaction of the court. It may be purely academic to argue in vacuum the incidence of Civil Forfeiture without actually examining the proceedings before the court, viz, what were the particulars of the alleged offence? What was the evidence before the court? What was the order made by the court?
A person who has in any manner been implicated or penalized, although not strictly convicted, has the stigma of conviction. In United States, he cannot hold any office involving public trust, nor can he aspire to neither the Presidency of America nor a Professional like a legal practitioner. Similarly, it is submitted, he cannot aspire to the Presidency of this Country under Section 137(1)(d) of the Constitution (supra).
In a decent Society, a man who has been involved in drug trafficking in any manner whatever, does not have the moral right to aspire talk more of holding the highest office. The Character of the President is paramount, especially in the Contest of Nigeria where the Nation is battling with endemic corruption. There is a plan to remove Fuel Subsidy. The immediate effect is that Nigerians will suffer more if the leadership falls on a corrupt and morally bankrupt person.
I pray that Nigeria Judiciary will abhor technicalities and rather apply substantial Justice. Let the Judiciary rise up from its cowered position and save this country!
[CONTRIBUTED]
