ICPC derived the powers to effect seizures of moveable and immovable properties from Sections 37 and 45 of the Corrupt Practices and Other Related Offences Act, 2000 (CPOROA 2000). In Sections 47 and 48 of the CPOROA 2000, the Commission obtained forfeiture of assets through Court process.
However, depending on the type of case and jurisdiction involved, the Commission has various legal tools available in asset recovery and management.
- Domestic criminal prosecution and conviction-based
confiscation, followed by Mutual Legal Assistance (MLA)
request to enforce orders in foreign jurisdictions.
- Non-Conviction based (NCB) forfeiture, followed by an MLA
request to enforce orders in foreign jurisdictions;
- Civil Administrative forfeiture; and
- Any other avenues, such as taxation, fines and compensation
orders in criminal trials.
The activity chain of the Commission in Asset Recovery and Management are – Assets Investigation, Assets Identification, Assets Tracing, Assets Recovery and Assets Management.