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Access to International Law Enforcement

We are committed to implementing bilateral arrangements that will ensure law enforcement in one partner country has full and effective access to the beneficial ownership information of companies incorporated in the other partner country.

Country: Nigeria

Status: ongoing

Themes: Beneficial ownership

Last updated: December 2020

Classification:

Concrete: Concrete | New: New | Ambitious: Somewhat Ambitious

  • 14 Evidence:

    Buhari signs amended Companies and Allied Matters Bill CAMA 2020

    Nigeria: OGP, Others Offer BO Register Advice

    The Global Forum on Asset Recover: Assistance for Combating Corruption in Nigeria, Sri Lanka, Tunisia, and Ukraine

    GLOBAL FORUM ON ASSET RECOVERY COMMUNIQUE

    Mutual Legal Assistance on Criminal Matters

    Innovations In The Company and Allied Matters Act Bill

    Bill Status: Companies and Allied Matters Act

    Nigeria Profile

    Nigeria back as an active member of Egmont Group

    Buhari signs bill seeking foreign assistance to recover proceeds of crime.

    Nigeria, Russia sign treaty on legal assistance in criminal matters.

    TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF NIGERIA AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA (RATIFICATION AND ENFORCEMENT) ACT

    Nigeria signs extradition treaty with Italy

    Nigeria and INTERPOL formalize West African Police Information System Cooperation

  • 8 Notes:

    The Companies and Allied Matters Act (Repeal and Re-enactment) Bill which was signed into law by the President on the 7th of August, 2020 makes provisions for the establishment of a beneficial ownership register by the Corporate Affairs Commission (CAC). However, the CAC is yet to build the electronic register after which bilateral arrangements can be made. After the bill was not assented to in the 8th Assembly, it was re-introduced in the 9th Assembly and was given an expedited hearing by the law makers, sent to the President and received the assent of the President on the 7th of August 2020. After the civil society has been working in collaboration with the OGP secretariat to do a consultation for the establishment of register as one of the requirements and also to elicit ownership of the process.

    Updated: October 31, 2020

    The Companies and Allied Matters (Amendment) Act, which seeks the establishment of a public central register for beneficial ownership information, is awaiting the Senate's second reading. The Nigerian government and INTERPOL have signed an agreement formalizing the West African Police Information System (WAPIS) programme, which seeks to strengthen information exchange and coordination among law enforcement agencies in each of the 15 ECOWAS countries (including also Mauritania). Nigerian law enforcement cooperates with many partners in the UK, the USA, Germany and others. Some foreign jurisdictions of interest (e.g. UAE) do not cooperate with the Nigerian authorities due to mutual distrust. Unfortunately, international partners report complaints about corruption in law enforcement agencies, lack of competency and poor coordination. The Minister of Justice, and the Ministry himself, play a controversial role in coordination between international partners and numerous domestic agencies.

    Updated: April 30, 2020

    The President gave assent to the Mutual Assistance in Criminal Matters Act, 2019 on June 20th, 2019 which aims to obtain from other countries, on reciprocal basis, mutual assistance in the prosecution of criminal matters including the location and identification of suspects, witnesses and other materials for prosecution of criminal matters. By this law Nigeria has gone ahead to sign bilateral aggrements with Russia, Italy, South Africa, etc. However It is worthy of note that, “where the alleged offence is of a political character or an offence under military law or is not an offence under the laws of Nigeria, the provisions of this law shall not apply.”

    Updated: October 30, 2019

    Whilst these new arrangements do strengthen bilateral law enforcement efforts and exchange of information, there is no explicit mention of the exchange of information on the beneficial owners of companies.

    Peer reviewer: 1

    Updated: October 30, 2019

    In addition to the update of the tracker in Autumn 2018, the fulfilment of this commitment is still subject to the establishment of the Beneficial Ownership Register. Relevant institutions are making some progress. The companies and Allied Matters Act amendments has passed the two Chambers of the National Assembly. Nigeria has narrowly avoided supsension from the EGMONT group of the financial intelligence units. However, exchange of sensitive information with international partners is challanging due to the lack of trust. The Assent by the President will further validate the establishment of the Register on which the completion of this commitment lies on. However, the register is still not available as of now.

    Updated: May 30, 2019

    Nigeria's signing on to the United Nations Convention against corruption (UNCAC) is a step at creating an enabling environment for exchange of information on stolen assets. The signing of the mutual legal assistance in criminal matters into law by the President of the Federal Republic of Nigeria on the 24th of August 2017 is a step in the right direction to actualising this commitment. Volume of recovered assets from foreign jurisdictions has increased according to governmental sources. No independent audit of recovered assets has been conducted except 321 million USD of the Abacha loot repatriated from Switzerland.

    Updated: October 30, 2018

    Nigeria's signing on to the United Nations Convention against corruption (UNCAC) is a step at creating an enabling environment for exchange of information on stolen assets. During the global forum on asset recovery in December 2017, Nigeria was also a focus for asset recovery efforts.

    Updated: June 30, 2018

Nigeria's Commitments
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