Financial crime prosecution, legal certainty and exigency of policy: case of Nigeria's EFCC
Purpose – In its fight against money laundering involving politically exposed persons (PEPs), the Economic and Financial Crimes Commission (EFCC) has the dual mandate of maintaining equilibrium between two fundamental, but sharply contradictory objectives: establishing guilt beyond a reasonable doubt, and responding to the policy imperative of nipping corruption in the bud through a pro-active involvement in preventative measures. This paper contends that as a result of the tension between these two divergent ends, the agency has found itself the spider in a cobweb of legalism designed by its adversaries to stymie its operations. Furthermore, and as a matter of priority, the paper calls for a major rethink of the appropriateness of criminal jurisdiction in the prosecution of financial crimes in Nigeria and elsewhere in Africa. The paper aims to discuss these issues. Design/methodology/approach – Case study and textual analysis of literature. Findings – Civil jurisdiction of extracting the proceeds of the ...
Civilising the Law — The Use of Civil and Administrative Proceedings to Enforce Financial Services Law
Enforcement as a concept imports compulsion to comply with a particular norm. Of course, the nature of enforcement might vary considerably with the norm in question or society within which action is desired. Professor Gower, in his ‘Review of Investor Protection’, expressed the view that a rule that could not be or was not enforced brought the system, within which that rule was supposed to operate, into disrepute. Whether this is true or not may be a matter for debate. Most systems of control envisage rules that in practical terms are unenforceable, but that are expected to have a normative or educational effect. Such functions, in the context of securities regulation, may be thought to be of some significance. Thus, the fact that simply because a rule cannot either in its terms or in practice be sanctioned by a predictable and determinate action intended to promote compliance, does not necessarily undermine that rule let alone the system within which it exists. To assume without more that a rule that cannot be enforced is not a legal rule, or to be precise a rule of law, while no doubt appealing enough to the positivist school of jurisprudence, is simplistic and outdated. Furthermore, in the context of the sort of economic regulation that we are discussing, whether a rule is characterised as one of law or not may or may not have significance. While there is a problem with determining the appropriate degree of interface between rules bearing differing qualities, purely in terms of achieving a defined regulatory objective it might well be that a rule which is not law in the formal sense of having been promulgated by an authority with legislative power, promotes a satisfactory degree of compliance. Therefore, many of the rules that pertained prior to the creation of the regime of regulation under the Financial Services Act 1986 were essentially non‐legal in the sense that they did not carry determinate sanctions ordained by a legal process consequent upon a violation and were not promulgated by an authority with legislative power. However, to dismiss them because they were unenforceable at law would give a very false picture of the efficacy of what was for many years a satisfactory regulatory structure. Even today, although the interrelationships of legal and non‐legal rules is very much more complex, it is still the case that significant areas of regulation have been left to non‐legal authorities.
ASSESSING AGE AND GENDER DIFFERENCES IN PERCEIVED RISK AND FEAR OF CRIME
Much of the research on fear of crime indicates that women and older persons are highly afraid of crime. These findings, especially older persons' fear of crime, are widely communicated in the scientific and popular media. This study examines age and gender differences in perceived risk and fear of crime. The data are from telephone interviews of 320 randomly selected residents in a southeastern metropolitan area of the United States. The relationships of age and gender to fear of crime are compared using a National Crime Survey (NCS) measure of fear of crime and 11 alternative indicators of fear of specific offenses. Women reported signifcantly greater perceived risk and fear of crime than men regardless of how fear of crime was measured and older adults reported the greatest fear of crime when the NCS measure was used. but not when the alternative individual measures of fear of crime were used. A LISREL model with latent constructs for fear of personal crime and fear of property crime also indicates that older adults do not have higher levels of fear of crime. In short, the extent of fear in the everyday lives of most older persons has been overestimated in many previous studies because of measurement problems.