Non-Conviction Based Forfeiture: Testing the Constitutionality of Section 17 of the Advanced Fee Fraud Act Against Critical Human Rights Scrutinies - Patience Jonathan v FRN in Perspective

Abstract

The research advances the argument in favour of a constitutional legitimacy of civil or In Rem Forfeiture proceedings against properties and assets reasonably suspected to be proceeds of some unlawful activity. It exhaustively interrogates the constitutionality of Section 17, Advanced Fee Fraud Act, hereinafter referred to as the AFF Act, against critical human right challenges and concerns raised against Non Conviction based forfeiture, (NCBF) in the 2018 Court of Appeal decision in Dame Patience Jonathan v Federal Republic of Nigeria. The paper dissects the AFF Act from a constitutional blueprint perspective; interrogates the validity of the Court of Appeal decision and finally justifies and vindicates the AFF Act & the judicial verdict as constitutionally within the purview of the Framers’ intent.