Nigeria can both make and receive requests for asset tracing and recovery in the absence of a treaty. Recent examples where such assistance was provided include Switzerland, Brazil, United Kingdom and Thailand.
Requests would normally be directed to the central authority which is the Attorney General of the Federation. He would in turn direct the relevant investigating authority to provide details as requested. Once the AGF receives the information, he forwards same to the requesting country.
Nigeria has a liberal approach on issues of granting assistance on asset recovery. Although a Treaty is desirable but in its absence assistance would still be granted on the basis of reciprocity. Reliance can indeed be placed on any of the UN or other international instruments which Nigeria has signed unto and ratified.
A foreign confiscation order can be received and enforced in domestic courts, and there is no bar in domestic law to sending a confiscation order to a foreign country for enforcement. The Foreign Judgment (Reciprocal Enforcement) Act makes provision for the enforcement of foreign judgments and sets out the following criteria which must be complied with:
- The court must register the request and make it a domestic order;
- Reciprocity;
- Production of all relevant documents (e.g judgments, warrants);
- Requirement of the court to look at the procedure of the court in the requesting State, and what has transpired therein.
However, despite these criteria set out under the Foreign Judgment (Reciprocal Enforcement) Act, Nigeria explained that the direct or indirect enforcement of a foreign order is decided on a case-by-case basis.
