Nigeria’s Supreme Court in Melrose Case Clarifies Burden of Proof in Asset Forfeiture

Prompted by the Supreme Court’s recent decision in Melrose General Services Ltd. v. EFCC and the Court of Appeal’s reversal of a forfeiture order against the former CBN Governor, this article examines key constitutional, evidentiary, and procedural issues affecting the civil forfeiture framework under Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act.

The authors assess the legal divergence between majority and dissenting views of the apex court, while reaffirming the need for Nigerian courts to safeguard fundamental rights without weakening the State’s capacity to combat economic crimes.