Forensic Accounting and Litigation Support: The Role of Expert Witnesses in Legal Proceedings

Abstract

This research examines the role of forensic accounting and litigation support in uncovering complex financial transactions and schemes used in money laundering cases in Nigeria. The study applied agency theory, developed by economists such as Jensen and Meckling, Ross, and Fama and Jensen, and used a qualitative research design, secondary sources, and content analysis to analyze the data collected. The study found that the cases of James Ibori, Darius Ishaku, and Diezani Alison-Madueke demonstrate the importance of forensic accounting and litigation support in uncovering complex financial transactions and schemes used in money laundering cases in Nigeria. The use of expert witnesses who provided forensic accounting evidence played a significant role in securing the conviction and forfeiture of assets of the defendants in these cases. Expert witnesses helped establish the existence and extent of money laundering activities, identified and traced the source and destination of laundered funds, explained complex financial transactions and schemes, demonstrated the link between defendants and their accomplices, estimated the value and location of assets acquired with laundered funds, and provided credible and reliable information that withstood cross-examination. The study also found that the expert witnesses helped educate and inform the judges or jury about forensic accounting concepts and techniques, simplified and clarified complex financial issues, enhanced the credibility and persuasiveness of the prosecution's case. The research concludes that forensic accountants must invest in investigative skills and uphold the qualities of honesty and objectivity to be effective expert witnesses in litigation support services. Furthermore, the study revealed that forensic accounting specialists can be invaluable in the collection of evidence, as they can help legal teams unearth information that might define the framework of litigation and detect fundamental issues that might not be noticeable to others.