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Law of Restitution

A former Nigerian Attorney General, Bola Ajibola argues for a law on restitution to combat corruption:

Civil litigation based on restitution has its advantages, as the plaintiff needs not prove the case of unjust enrichment beyond any reasonable doubt because a proof of preponderance of probability is just enough, pointing out that it should be enacted as a law as is the case in England in which case the burden of proof does not lie on defendants to show that he had not unjustly enriched himself...the government must of course be the plaintiff because it is the public fund that the corrupt public officers are enriching themselves with, he said the concept of restitution may be traced to the development of the whole writ of assumption as far back as 1602 in the Slade’s case in England hence the doctrine of ‘indebitatus assumpsit’.

via The Vanguard

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