By Chukwuemeka Castro Nwabuzor Research Fellow, NIALS (This email address is being protected from spambots. You need JavaScript enabled to view it.)

Forfeiture proceedings are an aspect of the asset recovery process. Forfeiture proceedings serve as powerful deterrent measures as they deprive criminals of the proceeds of their crimes.  Generally, forfeiture proceedings are initiated in court where an application for forfeiture has been made by the prosecution. The court has powers to grant interim forfeiture orders pending the establishment by the prosecution that the property has a criminal origin (proceeds of crime) or was used in the commission of an offence (instrumentality of crime). The conviction of a defendant in Nigeria is a pre-requisite for obtaining a final order for the forfeiture of the proceeds of crime – this means that criminal forfeiture which is largely conviction-based forfeiture is what applies in the country and civil forfeiture is yet to be codified in Nigeria. Forfeiture proceedings are part of the sentencing process in Nigeria. Where there is a final forfeiture order, the properties subject to the order are usually forfeited to the Federal Government. See section 20(2) of the Economic and Financial Crimes Commission Act (EFCC Act).

The major aim and role of the World Bank also known as the International Bank for Reconstruction and Development (IBRD) is the reduction of poverty and the promotion of sustainable development in developing countries.

Corruption has been a great source of concern for the Bank alongside other organisations as it hinders the mandate of the Bank which is development of the world’s poorest countries and ending extreme poverty by 2030. Corruption in times past and now has been recognised as a developmental policy issue and its reduction has formed part of the recently established Sustainable Development Goals. Good governance and anti-corruption is seen by the World Bank as essential in its strong fight against poverty.

Generally states are bound under international law to recognize and protect the human right of persons. States would be deemed violators, if the enjoyment of such right is prohibited, criminalized or restricted in any form. The right to self- determination is a right recognised by various international covenants ratified/acceded to by member states.  By virtue of this right each person can freely determine their status, be it political, cultural, social and economic without fear of interference by persons or the state.

Air transportation is sometimes utilised by terrorists through hijacking of aircrafts to fulfil terrorist objectives. The September 11 2001 attack in the US is widely regarded as the most severe incident of aircraft hijacking in aviation history. The possibility of a terror attack was also signified as a probable cause of the crash of Egypt Air flight MS804 enroute Paris to Cairo on May 19, 2016. In a situation of hijacked aircraft resulting into bodily injury or death of passengers on board, passengers are entitled to compensation. The aviation liability regime makes air carriers liable for death, wounding and other bodily injury of passengers as long as the accident causing the death or injury took place during a carriage by air.

Abstract

Several decades ago, property rights in Natural Resources Development (NRD) had provided benefits to the right holders and resulted in cost burden on the host communities; in terms of human right abuses, conflicts and environmental degradation. Gradually, the concepts of sustainable development, public participation and  corporate responsibility have shaped the limits of property rights in NRD. This has resulted in shared benefits and costs for both the property right holders and the host communities. This paper seeks to stimulate discussions on understanding how the interactions between property rights and human rights in NRD affect and are affected by concerns for the host communities, the environment and the world at large. It concludes that the concept of "Social License to Operate" will in the nearest future usher in a property rights regime in NRD in which the host communities will be the ultimate determinant of who does what? where? And how?