draining development.pdf - Khazar University

The Kleptocrat’s Portfolio Decisions 431dure was successfully used. The Metropolitan Police applied for the confiscationof the cash seized from Alamieyeseigha, and Nigeria intervenedto seek an order as victim for its return. The police did not oppose Nigeria’sapplication for the return of the funds. The court ordered the cashto be forfeited and returned to Nigeria.That left the properties and bank balances in London (and Cyprusand Denmark), to which the simple cash forfeiture mechanism couldnot apply.Nigeria brought civil proceedings in the English High Court againstAlamieyeseigha and others for the recovery of bank balances and propertiesin Cyprus, Denmark, and London.The civil proceedings faced an initial difficulty. The Metropolitan Policehad obtained a mass of evidence of Alamieyeseigha’s corrupt activities inNigeria and the laundering of the proceeds of those activities internationally.Nigeria needed that evidence to advance its proceedings. However, theevidence had primarily been obtained under compulsion from banks,solicitors, and other advisers using investigatory powers granted to thepolice by statute. The police owed duties of confidence to the owners ofthe documents, which prevented them voluntarily from handing over thatevidence for use by Nigeria in private civil proceedings.The English rules of civil procedure permit the court to compel thirdparties to disclose documents if they are likely to support the case of theapplicant and if disclosure is necessary to permit a claim to be determinedfairly or to save costs. Those powers can even be exercised againstthe police, provided it is in the public interest to do so.The civil proceedings therefore commenced with an application byNigeria for a court order requiring disclosure by the police of the evidencethat the police had collated. That application was made withoutthe knowledge of Alamieyeseigha or any other defendants on the basisthat to allow them knowledge could cause Alamieyeseigha to concealassets that had not yet been identified. Nigeria argued that it was in thepublic interest to order disclosure because it intended to use the documentsto secure and recover the proceeds of corruption and because successfulproceedings would assist in efforts to reduce corrupt activities,would demonstrate that the United Kingdom was not a safe haven forcorruptly acquired assets, and would permit their recovery, whereas Alamieyeseigha’sflight from the country could otherwise thwart the crimi-