Towards Attaining Sustainable Development Goals in a “Fantastically Corrupt” World: Issues in International Legal Framework on Mutual Legal Assistance for Recovery of Proceeds of Corruption and the Nigerian Act

Abstract

Pervasive corruption is a global phenomenon which remains a major obstacle to development in various climes. The United Nations agenda 2030 recognizes the need to solve the problem of corruption as key to achieving Sustainable Development Goals (SDG). In response to this problem, the UN Convention Against Corruption (UNCAC) was adopted in 2005 as an international instrument targeted at facilitating Mutual Legal Assistance in combating corruption, by aiding recovery of looted funds, seizure, confiscation and repatriation of stolen assets abroad. Nigeria has a history of leadership deficit and institutional failure accounting for numerous cases of corruption and siphoning of funds by the political class. To aid recovery of looted funds, Nigeria signed and ratified UNCAC, and signed into law the Mutual Legal Assistance in Criminal Matters Act in 2019. Against this backdrop, this study will analyse the provisions of UNCAC in comparison to the provisions of the Nigerian MLA Act. The aims are to ascertain limitations in the UNCAC provisions which might prevent realization of its set objectives, determine the extent to which the Nigerian MLA Act incorporates the underlining principles of UNCAC and to identify the effectiveness of both laws in addressing the various challenges of recovering stolen assets and funds prior to their advent. The study was based on comparative case study and inductive method. It was found that UNCAC has several limitations which the Nigerian MLA Act failed to remedy. It was also found that the Nigerian MLA Act has a relatively narrow scope. It limits the scope of MLA crime generally without paying par-

Evaluation of Emerging Trends in Nigerian Criminal Law Jurisprudence

“…The protection of digital evidence from manipulation or destruction is ensured by this clause, which is essential for a successful prosecution. 3 Finally, The Act recognises the value of enhancing cybersecurity measures in addition to combatting cybercrimes. In order to do this, it creates the National Cybersecurity Fund, which is intended to assist programmes that attempt to improve cybersecurity throughout the nation.…”

“…Additionally, the 2017 "WannaCry" ransomware outbreak, which impacted organisations all across the world, sparked collaboration amongst nations to find the offenders. 3 Following the assault, cybersecurity experts, law enforcement officials, and international organisations worked together to trace the malware's sources and prosecute those involved.…”

“…iii" (2019) 23 (2) Communications in Applied Analysis 359. 3 Ibid, note 14 4 Iyekekpolo W.O., "Boko Haram: understanding the context" (2016) 37(12) Third World Quarterly 2211. 5 control.…”

“…Its growth has been diverse, affected by colonial legacies, current legal changes, and indigenous customary rules. 3 Legal professionals, academics, and politicians must have a solid understanding of the fundamental ideas and doctrines underlying Nigerian criminal law in order to properly navigate this complex legal environment. 4 Maintaining up with new developments is crucial in the fast-paced field of Nigerian criminal law.…”

“…Furthermore, International collaboration is essential in combating transnational crime and terrorism in a world that is becoming more linked. 3 A crucial aspect of Nigeria's strategy is its involvement in international treaties and accords. This article emphasizes on the importance of staying updated on emerging trends in Nigerian criminal law for legal practitioners, scholars, and policymakers.…”