The Efficacy of Non-Conviction-Based Approach to Fighting Corruption in Sierra Leone

Non-conviction-based forfeiture (NCBF) laws allow courts to confiscate assets of a criminal nature, even where no conviction has been obtained about criminal conduct. In some countries, such as Sierra Leone, the anti-graft agency can confiscate assets and money or order repayment of funds. NCBF has existed in various forms for years in several countries and complements other asset recovery mechanisms. However, this diversity—and the fact that many countries still do not have or use such laws—leads to challenges with their application, especially in cases with an international element. The chapter looks at the definition and characteristics of NCBF. It discusses the high points and the challenges it faced; the policy on NCBF in Sierra Leone; and the need for review. There is a critique of the high point on how it meets international standards. The chapter then reviews the practical implementation of the strategy of NCBF and the amount in real money terms that has been recovered. It explains why the ACC in Sierra Leone prefers the NCBF to litigation in courts and concludes with recommendations.