WHETHER A CIVIL FORFEITURE IS AN ACKNOWLEDGEMENT AND PUNISHMENT FOR A CRIME?

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WHETHER A CIVIL FORFEITURE IS AN ACKNOWLEDGEMENT AND PUNISHMENT FOR A CRIME? 

by Branham Chima. 

Subscribe: https://branhamchima.substack.com/embed 


✓ DEFINITION(S): 

• Forfeiture: refers to the loss of property or rights as a penalty for a crime or wrongdoing. It can involve the government seizing assets or property that are connected to illegal activities or obtained through illegal means. 


• Punishment for a crime: refers to the consequences or penalties imposed on an individual who has been convicted of committing a criminal offense. This can include imprisonment, fines, community service, or other forms of legal penalties. 


✓ ANSWER: 

No. A civil forfeiture is not an acknowledgment that a crime was committed by an accused person (until the contrary is shown); nor does a civil forfeiture indicates the punishment for a crime. 

In Peter Obi & Anor. v. INEC & Ors. (SC/CV/937/2023, Thursday the 26th day of October 2023), the Supreme Court answering this held thus: ‘Let me consider the issue of the Order of the United States District Court, Northern District of Illinois that the sum of 406,000 USD in the account of the 2nd respondent be forfeited to the State. It is not in dispute that this is a non-conviction based forfeiture. There is nothing to show that the forfeiture was a punishment for the 2nd respondent's conviction for any offence. There is no evidence of any conviction of any sort. It is a civil forfeiture made because the source of the money could not be explained. It is trite law that a civil forfeiture is a unique remedy that does not require conviction or even a criminal charge against the owner of the money. A civil forfeiture does not qualify as a fine or punishment for any unlawful activity so the argument that it qualifies as a fine for an offence involving dishonesty or fraud is not correct.’ 

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