The viability of recent enforcement mechanism to combat money laundering and financial terrorism (AML/CFT) in Nigeria: An overview

Maruf Adeniyi Nasir (Department of Public and International Law, Osun State University College of Law, Osogbo, Nigeria)

Journal of Money Laundering Control

ISSN: 1368-5201

Publication date: 2 July 2019

Abstract

Purpose

This paper aims to evaluate the recent steps and enforcement mechanisms employed in Nigeria to combat money laundering and terrorism financing to give a clear and deeper insight to the potential that it portends and locate its workability by combing through various policies that are adapted to reinforce the existing anti-money laundering/combating financing terrorism (AML/CFT) legal and regulatory framework in Nigeria. The paper, therefore, provides a comprehensive assessment of these measures to exhume necessary reinforcement elements required to achieve the desired result by exploring developments from other jurisdictions that have surpassed the country in the AML/CFT crusade.

Design/methodology/approach

This study adopted qualitative research methodology. It is structured in such a way that mixed qualitative methodology approach as a research strategy is employed. This is achieved by putting into use the combination of doctrinal and non-doctrinal research methods. Descriptive, interpretative and content analysis methods are used to analyse various AML/CFT government policies along with the existing AML/CFT laws. Judicial pronouncements, various scholarly opinions, along with the anti-money law (AML/CFT) within the Nigeria context are analysed in line with the 40 “Recommendations” of the Financial Action Task Force which depicts the acceptable legislative and regulatory precedent and an international standard to measure the adequacy or otherwise of any national or local laws on money laundering.

Findings

Factors that were militating against the effectiveness and positive performance of Nigeria government to combat money laundering-related matters were identified. A clear-cut amendment to the existing provisions of law that will address the issue is suggested to enhance the effectiveness and combat other similar challenges that are likely to come out of these policies, otherwise more problems would be created than could be solved.

Originality/value

This paper exposes deficiencies in the present mechanism adopted to combat money laundering in Nigeria and proffers necessary antidote to facilitate the effectiveness of the legislation. It provides necessary information that could facilitate amendments and new legislation(s) to curb the defects by the lawmakers and could serve as a veritable source of information to law students, legal practitioners and academia.

Keywords

Citation

Nasir, M.A. (2019), "The viability of recent enforcement mechanism to combat money laundering and financial terrorism (AML/CFT) in Nigeria: An overview", Journal of Money Laundering Control, Vol. 22 No. 3, pp. 417-433. https://doi.org/10.1108/JMLC-07-2018-0046

Publisher

:

Emerald Publishing Limited

Copyright © 2019, Emerald Publishing Limited

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