Alhaji Auwal Ibrahim Musa (Rafsanjani) the Executive Director of the Civil Society Legislative Advocacy Centre in a joint media briefing with other civil organisations stated that Nigeria here recovered over five billion dollars in the past twenty five years.
He explained that the asset recovery has been a key part of their organisation advocacy and anti- corruption efforts over the years, our advocacy alongside other key stakeholders contributed to the enactment of the Proceeds of Crime (Recovery and Management) Act, 2022. In 2021, CISLAC published a report which assessed the cooperation or non- cooperation of foreign jurisdictions in Nigeria’s Asset Recovery process, it also reviewed Nigeria’s financial outflows and asset recovery context, examined existing global frameworks to facilitate recovery of Nigerian assets abroad, analysed levels of corruption by foreign governments and their decisions and provided appropriate recommendations.
"Today we are pleased to launch six assessments of national implementation of the Common African Position on Asset Recovery" he said.
The Common African Position on Asset Recovery (CAPAR) is a milestone in the African Union’s approach to the recovery of assets stolen from the continent. It sets out international, regional and national recommendations to enhance asset recovery. Adopted by the African Union in February 2020, CAPAR is a policy framework supporting the recovery and repatriation of African assets illicitly moved to foreign jurisdictions. The framework provides national and continental-level guidelines for identifying, reclaiming, and managing recovered assets in a manner that upholds African sovereignty. CAPAR is recognized as essential to strengthen domestic and cross-border recovery efforts within Africa.
CAPAR sets out its recommendations across four pillars:
Detection and Identification of Assets
Recovery and Return of Assets
Management of Recovered Assets
Cooperation and Partnerships
The CAPAR Civil Society Network, supported by CiFAR and Transparency International Secretariat (TI-S), has developed an assessment tool to monitor national implementation of CAPAR across Africa and under each of these four pillars. This tool evaluates national CAPAR components through a matrix and indicator system, using a traffic light rating system to provide clear, actionable insights for each CAPAR commitment.
Six assessments were carried out in 2023-2024 to pilot the tool and provide a first round of analysis of CAPAR implementation. These covered countries across different regions, legal systems and languages: Côte d'Ivoire, Equatorial Guinea, Kenya, Morocco, Madagascar, and Nigeria.
According to Lewis Kundai,
Effective implementation of CAPAR across AU Member States promises to reinforce asset recovery efforts, enabling both domestic and international retrieval of corrupt proceeds. By fostering robust systems at national and continental levels, CAPAR advances governance reforms, enhancing transparency, accountability, and public participation. The CAPAR Assessment Tool is designed to clarify priority reforms for all stakeholders, offering a comparative framework that encourages governments to strengthen their implementation over time.
Highlights from the six CAPAR assessments
Asset recovery is a key priority for African countries and the CAPAR is a powerful tool to advance progress in the return of the proceeds of corruption
These assessments present a snapshot of CAPAR implementation across six countries from all regions of Africa and indicate that work that needs to be done as a whole across the continent
While there are examples of strong progress being made to implement the CAPAR, all countries assessed also have substantial areas where no progress has been made or where progress is only limited
There are also big discrepancies in pillars:
In general, countries have implemented more substantially Pillar 1 Detection and Identification of Assets, although this is not uniform
Pillars 2 Recovery and Return of Assets and 3 Management of Recovered Assets see large gaps in implementation, with some countries having implemented few or none of the CAPAR recommendations
Findings from Nigeria
Nigeria has significantly contributed to asset recovery challenges in Africa and the West African sub region. The country has established alliances with other nations, to guarantee a unified African effort to retrieve and repatriate assets to the continent. According to the report, Nigeria has recovered over 5 billion USD over the last 25 years.
There is also still more work to be done in terms of engaging citizens and civil society, particularly considering the absence of frameworks such as whistleblower protection channels that will enable citizens to disclose issues related to corruption appropriately.
While there has been improvement, it is crucial to note that adequate management of these recovered assets is still required, and this has proven to be a significant problem.
RECOMMENDATIONS FOR NIGERIA FINDING
1 While there has been improvement, it is cruciall to note that adequate management of recovered assets is still required and this can be done through effective implementation of the provisions of the Proceeds of Crime (Recovery and Management) Act, 2022.
2 Government should enhance engagements with citizens and civil society.
3 Enactment of a Whistleblower Blower Protection legal frameworks as well as other whistle blower protection channels.
In her contribution, Mrs. Vaclav Prusa explained that she was part of the international team that developed the assessment methodology used in this report that she is currently based in Frankfurt, Germany and worked across a number of African jurisdictions including Nigeria in the area of anti-corruption and recovery of illicit assets.
"Let me highlight the undeniable fact that Nigeria was instrumental in the formation of CAPAR (Common African Position on Asset Recovery), which was adopted by the African Union in 2020. This framework was established to ensure that African nations speak with a unified voice in the global conversation on asset recovery, addressing issues from transparency to repatriation. Nigeria’s leadership here is notable, as it positions the country as a pioneer in regional anti-corruption efforts" She said.
She elaborated that over the past 25 years, Nigeria has recovered more than $5 billion in stolen assets, including significant sums returned from Switzerland and the United States. Some notable cases include the Abacha assets, where hundreds of millions of dollars looted by former military ruler Sani Abacha were repatriated after decades of international negotiations.
This critical report, produced by CISLAC—the National Chapter of Transparency International in Nigeria—offers a unique lens into Nigeria’s progress in implementing CAPAR, an initiative in which Nigeria played a significant leadership role across the African continent. The report addresses at its foundation the African tragedy, where African countries lose around $88 billion annually through illicit financial flows, with Nigeria accounting for a substantial portion of this. Asset recovery efforts in Nigeria contribute directly to reducing these IFFs and bringing back resources lost to corruption, tax evasion, and illegal trade.
"I would like to begin by acknowledging the dedication of the CISLAC team, whose work has made it possible to shed light on both the successes and challenges Nigeria faces in asset recovery. As a country with substantial assets held abroad, Nigeria’s pursuit of effective asset recovery is not just an exercise in accountability but a potential avenue for national economic support. With the current economic challenges Nigeria faces, alternative sources of revenue have become essential, and recovered assets, if managed effectively, can meaningfully reduce the country’s resource deficit" she emphasized.
Key Findings of the Report
This report assesses Nigeria’s adherence to CAPAR’s recommendations across four critical pillars, providing a balanced view of the progress and gaps. Between November 2023 and March 2024, our team conducted an extensive assessment, using a tool refined in April to measure the country’s achievements and areas needing urgent improvement.
1. Detection and Identification of Assets
Progress: Our report shows that 58% of the indicators in this pillar are successfully met. Nigeria has implemented essential legislative frameworks, including financial institutions’ mandatory Customer Due Diligence and Enhanced Due Diligence for high-risk clients, as well as the monitoring of Politically Exposed Persons.
Challenges: However, 37% of indicators are only partially met, and 8% remain unmet. A key shortfall is the lack of transparency in asset declarations by public officials. Though officials are required to declare their assets, these records are not accessible to the public, limiting oversight and accountability. This restriction represents a major barrier to objective verification and demonstrates a need for legislative reform to promote transparency.
2. Recovery and Return of Assets
Progress: Only 29% of indicators in this pillar are fully met, with 57% partially met. Nigeria has made notable strides on the international stage, advocating for the return of African assets and establishing cross-national alliances for asset repatriation.
Challenges: However, coordination remains a significant issue, with Nigeria’s asset recovery mandates fragmented across multiple agencies. The previous anti-corruption strategy ended in 2022 without a replacement, and there has been little evidence of renewed anti-corruption initiatives under the current administration. For Nigeria to continue as a leader in asset recovery, strengthening inter-agency coordination and establishing a unified strategy for asset recovery are paramount.
3. Management of Recovered Assets
Progress: Nigeria has enacted the Proceeds of Crime (Recovery and Management) Act, setting up legal frameworks for asset recovery and disposal, with 50% of indicators in this area met.
Challenges: Implementation remains incomplete. Agencies responsible for asset recovery are mandated to keep records, but citizens lack access to these records. Additionally, none of the agencies involved provide periodic updates on recovered assets, limiting transparency and public trust. The lack of public accountability in asset management continues to erode confidence in Nigeria’s recovery framework, highlighting an urgent need for regular, accessible reporting.
4. Cooperation and Partnerships
Progress: Nigeria has been a leader in cross-border asset recovery initiatives, recovering over $5 billion in assets in the past 25 years. Forty percent of indicators in this area are fully met, and Nigeria continues to foster partnerships across Africa to facilitate repatriation.
Challenges: Despite these successes, public engagement in asset recovery remains low. Mechanisms such as whistleblower protection are lacking, which limits citizens' ability to report concerns about asset misuse. Introducing accountability measures for whistleblowers, civil society organizations, and the media would empower Nigerian citizens and ensure assets are protected and used effectively.
Importance and Call for Action
The importance of this report cannot be overstated. It not only evaluates Nigeria’s progress but also underscores the critical areas where improvement is essential. The multi-agency structure, while a strength in some respects, creates inefficiencies and lack of transparency that, without correction, threaten the overall effectiveness of Nigeria’s asset recovery efforts.
As policymakers and journalists, your role is invaluable in addressing these gaps, advocating for transparency, and driving accountability. We urge you to champion reforms in asset management practices, support the publication of accessible reports, and promote inter-agency coordination to ensure Nigeria’s asset recovery efforts reach their full potential.
Nigeria’s asset recovery efforts do not just benefit Nigeria—they set a precedent for West Africa and the broader continent. Successful frameworks and legislative reforms in Nigeria could inspire similar actions in neighboring countries, making asset recovery a cornerstone of economic justice across Africa. I am proud that this assessment is contributing to this effort from the civil society perspective as an independent assessment. Civil society organizations (CSOs) like CISLAC play a crucial role in monitoring and evaluating the government’s progress on asset recovery and subsequent assessments will hold the Government of Nigeria accountable for improvements to the benefit of the Nigerian public.