LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Forfeiture – Scope of ‘Property’ for Forfeiture
PRINCIPLE STATEMENT
The term 'property' under Part 30 of the Criminal Procedure Law includes not only the original property in specie but also property into which it has been converted or exchanged, and anything acquired by such conversion or exchange.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ogunlana & Ors v. The State (1995) NLC-301992(SC) at p. 24; Paras D–E to p. 25; Paras A–B.
"The term 'property' under part 30 of the Criminal Procedure Law therefore includes, in the case of property regarding which an offence appears to have been committed, not only the original property in specie but also such other property into which the same has been converted or exchanged and anything acquired by such conversion or exchange."
EXPLANATION / SCOPE
Forfeiture extends to proceeds of crime and any property derived from them. The scope includes converted assets and traceable proceeds. The principle prevents criminals from avoiding forfeiture by converting assets. The court may order forfeiture of substitute assets. The rule applies to all forfeiture proceedings. The prosecution must trace the property to the crime. The burden is on the prosecution on the balance of probabilities. The principle ensures that crime does not pay. The court will consider the evidence of conversion or exchange.