The House of Representatives at its plenary session on Tuesday 21st May 2019 rescinded on an earlier decision to delete Clause 2(2) of the Money Laundering (Prohibition) Act (Amendment) Bill following Hon. Edward Pwajok’s (PDP: Plateau) motion requesting its insertion back into the body of the Bill.
Presenting the motion, Hon. Pwajok recalled that the consideration of the Report on the Bill on Wednesday 15 May 2019, a key phrase in Clause 2(2) was deleted. The phrase states that “A person who knows, ought reasonably to have known or suspects that property has a criminal origin, commits an offence if he conceals, disguises, converts, transfers or removes the property from Nigeria”.
Speaking further, he stated that the deleted clause was at the heart of criminal investigation and would significantly compromise investigations with regard to money laundering if deleted. He also highlighted the differences between an investigation and prosecution stating that an investigation was preliminary as it may or may not lead to prosecution. He also added that while a suspect could be invited for questioning by the Police, it was only in cases there is sufficient evidence that the suspect could be charged and prosecuted in court as an accused person.
In addition, Hon. Pwajok noted that citizens have a duty to report to law enforcement agencies when anyone is suspected of committing a crime and that the content of clause 2(2) was replicated in most crime – fighting laws such as (Section 25(2)(e)) of the National Drug Law Enforcement Agency Act.
The House has recommitted the Bill to the Committee of the Whole for reconsideration.
