Senate Rescinds Passage of Proceeds of Crime Bill over Drafting, Legal Flaws

The senate has rescinded its earlier passage of the Proceeds of Crime Act (Amendment) Bill, 2026, following the discovery of drafting, legal and policy flaws in the proposed legislation.

The decision was taken on Thursday after lawmakers unanimously adopted a motion moved by Opeyemi Bamidele, the senate leader, who said the issues came to light after the bill was passed on July 9.

Bamidele told the chamber that the identified shortcomings were significant enough to affect the implementation of the legislation if left unresolved.

“Drafting, legal and policy issues requiring further legislative scrutiny and refinement were identified,” he said.

“The senate observes that the identified issues are fundamental to the effective implementation of the proposed legislation and, if left unaddressed, may undermine the objectives of the bill and create unintended legal and operational consequences.”

He said revisiting the legislation was necessary to ensure it aligns with Nigeria’s constitutional framework and international best practices on asset recovery and the management of proceeds of crime.

“The senate notes that it is in the overriding public interest and in keeping with the senate’s commitment to enacting sound, coherent and implementable legislation that the bill be revisited to address the identified concerns,” he said.

“The senate… is convinced that rescinding its earlier decision will afford the chamber the opportunity to reconsider the affected provisions and ensure that the legislation conforms with international best practices in asset recovery, proceeds of crime management, and Nigeria’s constitutional and legal framework.”

Bamidele urged the senate to invoke orders 1(b) and 52(6) of its standing orders to reverse the earlier passage of the bill and allow for further legislative work.

The motion briefly sparked a procedural debate after Yahaya Abdullahi, senator representing Kebbi north, questioned whether it had been properly listed on the supplementary order paper.

Senate President Godswill Akpabio ruled that the motion was validly brought under the senate rules, while Bamidele clarified that Abdullahi’s concern related only to procedure and not the substance of the proposal.

Abdullahi subsequently seconded the motion, describing the review as being in the national interest.

He, however, sought clarification on whether the bill would be returned to the relevant committee or referred to the national assembly’s legal department for further work.

Barau Jibrin, deputy senate president, said identifying and correcting flaws before a bill becomes law reflected legislative diligence rather than weakness, urging lawmakers to support the rescission.

Abdul Ningi, senator representing Bauchi central, also backed the move, noting that such reviews are not unusual in parliamentary practice.

He suggested that Idiat Adebule, the bill’s sponsor, should be fully involved in refining the legislation to ensure broad ownership of the revised provisions.

Some lawmakers observed that substantial amendments could necessitate another public hearing, but Akpabio ruled the suggestion out of order, saying the chamber was only considering whether to rescind the earlier passage of the bill.

He added that the private member’s bill would be reconsidered after the identified inconsistencies had been addressed.

Following a voice vote, the senate unanimously rescinded its July 9 decision passing the bill.

Akpabio thereafter directed that the legislation should not be transmitted to the house of representatives until the review process is concluded.

The bill, sponsored by Adebule, seeks to establish an independent proceeds of crime recovery and management agency to oversee the recovery, preservation and disposal of assets suspected to have been acquired through unlawful activities.

Lawmakers had said the proposed legislation would strengthen Nigeria’s anti-corruption framework by separating asset management from prosecution, introducing uniform standards for managing forfeited assets and creating a centralised database to improve transparency and accountability.