RECOVERY OF PUBLIC PROPERTY SPECIAL PROVISIONS ACT
Act · Governance
An Act creates a framework for investigating and prosecuting the misappropriation of public property by public officers. It targets current and former officials suspected of corruption and those aiding them. This aims to recover assets and deter fraud.
What Is This Policy?
This Act creates a special legal framework for the investigation, prosecution, and recovery of public property misappropriated through corruption, fraud, or abuse of office by public officers. Constitution of the Federal Republic of Nigeria 1999; Corrupt Practices and Other Related Offences Act; Economic and Financial Crimes Commission Act; Money Laundering (Prevention and Prohibition) Act; Advance Fee Fraud and Other Fraud Related Offences Act
Current and former public officers who are suspected of misappropriating or concealing public assets Third parties who received, converted, or assisted in the concealment of misappropriated public property Government agencies responsible for asset recovery and anti-corruption enforcement
Who Does It Target?
Public officers at all levels of government who misappropriate or conceal public property. The Federal Government and relevant agencies seeking recovery of stolen assets. Courts and tribunals adjudicating public property recovery cases. Members of the public who expose or benefit from the recovery of public assets.
What Does It Aim to Achieve?
To recover public funds and assets misappropriated by public officers or third parties, deter corruption through the credible threat of forfeiture and prosecution, and restore public assets to the government.
Key Features
Investigation Powers: Grants investigating authorities broad powers to access financial records, accounts, and documents of suspected persons Asset Freezing: Enables courts to freeze bank accounts, properties, and other assets pending investigation and trial Forfeiture Provisions: Provides for the forfeiture of all assets found to have been acquired through misappropriation of public funds Special Tribunal Procedure: Establishes an expedited legal procedure for the trial of public property offences Burden of Proof: Shifts the burden to the accused to explain the legitimate source of assets beyond normal salary and allowances
Current Status
Rollout Stage: In force; applied through the courts and relevant anti-corruption agencies Coverage: Nationwide; applicable to public officers at all levels of government Funding: Federal government budget; recovered assets revert to the government
How to Access
This legislation is applied by prosecuting authorities and the courts. Members of the public who have information about misappropriated public assets may report to relevant anti-corruption agencies. Information or evidence submitted to the Economic and Financial Crimes Commission, the Independent Corrupt Practices Commission, or relevant law enforcement agency Application method: Economic and Financial Crimes Commission, Abuja; Independent Corrupt Practices Commission, Abuja
Important Terms
Persons convicted under this Act are liable to forfeiture of assets and imprisonment The Act provides for continuing obligations on suspects to disclose all assets upon request
Official Resources
Website: www.efcc.gov.ng
Legal Framework
Constitution of the Federal Republic of Nigeria 1999; Corrupt Practices and Other Related Offences Act; Economic and Financial Crimes Commission Act; Money Laundering (Prevention and Prohibition) Act; Advance Fee Fraud and Other Fraud Related Offences Act