What is it about?
The genesis of official corruption in Africa and the inadequacies of criminal sanction to tackle it. Calls for a radical shift in focus away from criminal to tougher civil remedy options as a way of combating the growing menace of public officials asset-stripping the state for personal gain in Africa.
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Why is it important?
it is quite creative in deciphering a major root cause of the ineffectiveness in most of Africa of criminal sanction as an anti-corruption weapon, and in pressing trust law and the principles of fiduciary obligation into the service of thinking through the reinvigoration of the legal battle against corruption in Africa. In so doing, it makes a significant original contribution to the legal and policy literature. The author also displays an impressively sound technical command of the relevant and rather pivotal trust law principles and case law
Perspectives
The myriad of international anti-money laundering regimes, including extra-territorial legislations for combating bribery and official corruption as it concerns Africa have placed a disproportionate emphasis on the imperative of criminal sanction, which works as deterrence in Western jurisdictions, but woefully inadequate in the peculiar circumstances and understanding of official corruption in Africa. Time then to find some civil remedy alternative embedded with a uniquely African perspective.
Dr Tayo Oke
Afe Babalola University
Read the Original
This page is a summary of: Money laundering regulation and the African PEP: case for tougher civil remedy options, Journal of Money Laundering Control, January 2016, Emerald,
DOI: 10.1108/jmlc-01-2015-0001.
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