Asset Recovery: Lawyers Should Stop Thinking as Lawyers-Jonathan Huth
Lawyers have been advised to stop thinking as lawyers and think as businessmen or women while handling briefs that had to do with assets recovery and return trajectory because of the high cost of litigation.
This adviser was given by Mr. Jonathan
Huth while delivering a keynote address at a two-day work shop organized by the
Attorney General Alliance (AGA AFRICA) in Collaboration with the Christopher
University Mowe in Ogun State.
Speaking under the theme; Unexplained
Wealth in the Global South- Examining the Asset Recovery and Return Trajectory,
the former United State of America civil prosecutor stated that asset recovery
experts must be involved in the process of recovering assets stolen from either
government or corporations' right from the start and therefore lawyers in the
matter must thing as business people and not lawyer because only then will they
feel what their clients are feeling.
He further stated that client /
government with such problems must come to the lawyer with business problems
expecting to have creative solutions. Therefore, lawyers must have a good
knowledge of the brief, what the law says about the matter, and have a clear
idea of how to handle the matter.
Also speaking at the workshop, the
Chairman of the Economic and Financial Crime Commission (EFCC) Mr. Ola Olukoyede, was represented by the head of the Abuja zonal
office of the Commission MR. Adebayo Adeniyi said that the topic for the workshop was well
selected given that unexplained wealth is a major problem in the
anti-corruption war, which is in section 7 of the EFCC act.
He then called on the federal government to sign
into law the Unexplained Wealth Order Act, as it would give more impetus to the
current anti-corruption war.
The ICPC Chairman who was also represented by
the head of Lagos operations Hadiza Rimi, called for the proper handling and
accounting of all proceeds of crime, especially those collected from corrupt
public officers as this will go a long way in creating public confidence and
encourage more whistleblowers to come out.
Mr.Babajide Oladipo Ogundipe, while speaking
suggested that the government should have a public-private agreement in the
prosecution of corrupt individuals whose wealth cannot be accounted for since
most of these people have money to get the best lawyers and the difficulty in
proving corruption. He also suggested the non-conviction process as a way to
recover Unexplained Wealth, which in most cases are proceeds of corruption.
Dr. Anthony Idigbe on his part stated that
lawyers must defend their client, but at the same time own themselves and the
truth. He said that while defending their client, lawyers should also report to
the authority any crime about to be committed by their client while seeking the
best deals for the client.
Speaking earlier, the Vice-Chancellor of
Christopher University Prof Oyelana Olatunji Afolabi, said that the aim of the
collaboration with AGA-Africa is aim at bring together people to chart new
courses in the anti-corruption war by exposing the antics of Unexplained
Wealth.
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