U.S. Former Prosecutor Huth Advises Nigerian Lawyers Handling Assets Recovery Cases to Change Their Mindsets and Be Businesslike

Mr. Jonathan Huth, a former United States civil prosecutor, has delivered a challenging keynote address at a workshop organized by the Attorney General Alliance (AGA AFRICA) in collaboration with Christopher University in Ogun State, Nigeria.

The focus of the workshop was on the theme “Unexplained Wealth in the Global South – Examining the Asset Recovery and Return Trajectory.” Statements from various speakers at the workshop highlight the multifaceted approach required to address issues related to asset recovery, corruption, and unexplained wealth scenarios in Nigeria.

The former United States civil prosecutor advised lawyers, particularly those handling cases related to asset recovery and return trajectory, to shift their mindset and think more like business professionals rather than solely as lawyers. He emphasized that asset recovery experts should be involved in the process from the beginning, and lawyers should understand the business aspects of the cases to better empathize with their clients.

According to Mr. Huth, clients or governments dealing with asset recovery issues should approach lawyers with a mindset of presenting business problems and expect creative solutions. He stressed the importance of lawyers having a comprehensive understanding of the case, knowledge of relevant laws, and a clear strategy for handling the matter.

Also, Mr. Adebayo Adeniyi, representing the Chairman of the Economic and Financial Crime Commission (EFCC), Mr. Ola Olukoyede, spoke at the workshop. He highlighted the significance of the workshop’s theme, considering unexplained wealth as a major problem in the anti-corruption efforts, aligning with Section 7 of the EFCC Act.

Importantly, Adeniyi called on the federal government to enact the Unexplained Wealth Order Act, believing it would strengthen the ongoing anti-corruption campaign.

Additionally, the ICPC Chairman, represented by Hadiza Rimi, emphasized the importance of proper handling and accounting of proceeds of crime, particularly those obtained from corrupt public officers.

This measure, he said, is essential for creating public confidence and encouraging more whistleblowers to come forward. Transparency in dealing with ill-gotten gains is crucial for the credibility of anti-corruption efforts, he said

Mr. Babajide Oladipo Ogundipe, in his contribution, proposed a public-private agreement in the prosecution of corrupt individuals whose wealth cannot be accounted for. He suggested a kind of collaboration between government bodies and private entities to ensure a more effective legal approach, noting that there’s a challenge of proving corruption, especially when individuals can afford high-profile legal representation, underscores the need for innovative strategies in legal proceedings.

In another vein, Ogundipe also suggested the adoption of a non-conviction process for the recovery of unexplained wealth, which stems from proceeds of corruption.

Dr. Anthony Idigbe, on his part, emphasized the ethical responsibility of lawyers, saying that while defending their clients, lawyers are urged to be mindful of the truth and report any potential criminal activities by their clients to the relevant authorities.

The stance canvassed by Idigbe encourages a balance between legal representation and ethical obligations, promoting a legal system that upholds justice and accountability.

The Vice-Chancellor of Christopher University, Prof Oyelana Olatunji Afolabi, highlighted the collaborative aim of the workshop with AGA-Africa, saying the objective is to bring together individuals to chart new courses in the anti-corruption war by exposing the tactics associated with unexplained wealth.

On the whole, the recommendations and perspectives shared at the workshop emphasize the need for a holistic and collaborative approach involving legal, ethical, and public-private initiatives to effectively tackle issues related to corruption, asset recovery, and unexplained wealth.