Connect with us

Forgotten Dairies

Asset Seizure or Legal Plunder? When Anti-Corruption Targets Innocent Third Parties -By Fransiscus Nanga Roka

The question is not whether we need action against corruption (we do). The real question of if we are willing to embrace enforcement that punishes well past the guilty, confiscates on nonproven grounds, and damn near destroys in its wake? For if it is the innocent who begin to pay, we are no longer talking about justice.

Published

on

Stop Corruption and International Anti-Corruption Day Illustrati

Asset seizure, a tool in the global war on corruption. Typically represented as a key tool in the effort to crack down on dirty money, confiscation regimes are highly regarded trophies of state strength. But there is an unsettling reality beneath this moral narrative: the growing dragnet of dirty money that state increasingly pursues also catches clean assets, innocent families and lawful livelihoods.

What is being sold as justice in many cases trends toward the illegal use of force. In anti corruption systems, from Indonesia’s corruption framework to more globally applied frameworks of asset-freezing and confiscation, these functions have expanded well beyond their original design. Prosecutors regularly seize not only property that they can connect to alleged corruption, but also properties held by spouses, children or businesses owned (directly or indirectly) by the accused with often minimal evidence of any connection to proceeds from crime. Quietly, the legal fiction that proximity equals complicity made itself at home.

The consequences are devastating. Money laundering is just so big and families whose only sin was to survive now have their bank accounts frozen, homes taken away from them or businesses made unviable. Employees lose jobs. Children lose access to education. Economic ecosystems collapse not because guilt was ever established, but rather that suspicion had been viciously weaponized.

This is not collateral damage. It is structural. The justification is familiar: because corruption is a crime and it is something almost extraordinary; using an exceptional measure. However, this reasoning falls apart when you investigate further. State, in order to not infringe fundamental rights cannot do it by bypassing the constitutional protection because targets of an action or legislation are unpopular. The Rights of Property and Due process (rights) and presumption of innocence are not procedural luxuries, they are the very substance that separates justice from power.

It is when the state moves to seize first, and justify later, that it crosses a very dangerous line. At the centre of this problem is gross distortion of proportionality. The asset recovery should be linked to visible illegal gain. Rather, a system of preemptive punishment is what you have instead assets confiscated based on guilt by conjunction rather than conviction. The burden of proof against third parties regarding property rightfully theirs is reversed, pushing them into lengthy legal battles to show what was lawfully in their possession.

Advertisement

Time compounds the injustice. People can seek legal redress against detention and seizure but those processes typically take years, leaving families and businesses in limbo. The damage remains irreversible even when the asset eventually returned. A shuttered company is not a company that just reopens. A chance tarnished identity is not restored. In this sense, justice delayed is not only injustice, properly construed as unjust delay (unjust), it is also a kind of murder by legal means.

This implies something much uglier and most troubling. Allocate absolutely excessive property seizure, in return, doesn’t just impact ordinary people who placed any breasts together with deputies; it undermines public consider throughout the anti corruption efforts themselves. The moral clarity of anti-corruption campaigns is beginning to fade when enforcement looks random. What once was viewed as a crusade against wrongdoing is in danger of being recognized as an apparatus to help the State rule over other States, and legal instruments are now used not only for punishment but also even for disciplining all aspects from society.

Which is the paradox of modern anti-corruption regimes: in trying to keep it clean, it dirties itself some more.

None of which is an argument against asset recovery. Abuse of power must be tracked down, confiscated and returned to the people. There is an important difference between focused enforcement and broad confiscation practices. When asset seizure has no proper evidential thresholds, judicial oversight and protection of third party rights it is simply legalized plunder.

The question is not whether we need action against corruption (we do). The real question of if we are willing to embrace enforcement that punishes well past the guilty, confiscates on nonproven grounds, and damn near destroys in its wake? For if it is the innocent who begin to pay, we are no longer talking about justice.

Advertisement

Fransiscus Nanga Roka

Faculty of Law University 17 August 1945 Surabaya and Managing Partner of Law Firm Victorious Indonesia

Continue Reading
Advertisement
Click to comment

You must be logged in to post a comment Login

Leave a Reply

Trending Contents

Topical Issues

Breaking News1 day ago

Tanker Drivers Still Violate Safety Rules Despite FRSC Enforcement — Spokesman

FRSC spokesman Osondu Ohaeri warns tanker drivers against speeding, fatigue and overloading, urging proper rest, vehicle maintenance and compliance with...

Pat Utomi Pat Utomi
Breaking News1 day ago

Pat Utomi Rejects Engagement With APC ‘Data Boys’, Says It Undermines His Integrity

Pat Utomi accuses alleged APC online supporters of trolling critics after he raised concerns about soldiers’ welfare and calls on...

Sowore Sowore
Breaking News1 day ago

Sowore Accuses Peter Obi of ‘Renting Parties’ Ahead of 2027 Presidential Election

Omoyele Sowore accuses Peter Obi of “renting political parties” and alleges that NDC leaders made ₦9 billion from nomination forms...

Kebbi Kebbi
Breaking News1 day ago

Kebbi: Army Rescues Three Kidnap Victims in Sakaba Operation

The Nigerian Army has rescued three kidnapped persons, aged 15 to 46, during a security operation in Makuku and Dankolo...

NDC NDC
Breaking News1 day ago

2027 Elections: NDC to Unveil Campaign Council, Disclose Party Accounts

The Nigeria Democratic Congress plans to disclose its financial statement and unveil its campaign council, challenging the APC and other...

SERAP SERAP
Breaking News1 day ago

SERAP Sues Federal Government at ECOWAS Court Over ₦78.8bn Social Protection Funds

SERAP asks the ECOWAS Court to order an investigation into alleged irregularities involving ₦78.8bn allocated to Nigeria’s cash-transfer programmes.

Army - Military - Soldier Army - Military - Soldier
Breaking News1 day ago

Borno Operations: Army Kills Six Terrorists, Arrests 11 Suspected Aides

Troops of Operation Hadin Kai neutralise six suspected terrorists, arrest 11 alleged collaborators and recover weapons and ammunition in Borno...

Peter Obi, Atiku and Tinubu Peter Obi, Atiku and Tinubu
Breaking News1 day ago

2027 Presidency: Why North-West, South-West Could Decide Tinubu’s Fate

The North-West and South-West could prove decisive in Nigeria’s 2027 presidential race. Here’s what INEC voter figures reveal about the...

Breaking News1 day ago

‘South-East Must Align With Centre’: APGA Chairman Defends Soludo’s Support for Tinubu

Sly Ezeokenwa explains why APGA has endorsed Tinubu for 2027, arguing that backing the President serves the strategic interests of...

BOLA AHMED TINUBU BOLA AHMED TINUBU
Breaking News1 day ago

Tinubu Kicks Off 2027 Campaign in Kaduna, Blames Opposition for Hunger, Seeks Second Term

Tinubu kicks off his 2027 re-election campaign in Kaduna as Shettima rallies support for the APC and the President rejects...