CHARTERED INSTITUTE OF BANKERS OF NIGERIA ACT

Section 14: Penalties for unprofessional conduct.

2007Section 14 of 23Federal Republic of Nigeria

(1) Where-
(a) a person is adjudged by the Disciplinary Tribunal to be guilty of unprofessional conduct in any professional respect ; or
(b) a person is convicted by any court or tribunal in Nigeria or elsewhere having power to award imprisonment for an offence (where or not punishable with imprisonment) which in the opinion of the Disciplinary Tribunal is incompatible with the conduct required of a member of the banking profession; or
(c)
the Disciplinary Tribunal is satisfied that the name of the person has been fraudulently registered, the Tribunal shall, after receiving the confirmation of its decision from the Council, convey a direction to the person concerned reprimanding that person or ordering the Registrar to strike his name off the relevant part of the register.
(2) A person who commits an offence and is found guilty by the decision of the Disciplinary Tribunal shall be liable to the maximum sanction of having his name struck out from the register of members.
(3) The Disciplinary Tribunal may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsection (1) of this section until a subsequent meeting of the Disciplinary Tribunal, but-
(a) no decision shall be deferred under this subsection for periods exceeding three months from the conclusion of proceedings in the case ; and
(b) no person shall be a member of the Disciplinary Tribunal for the purposes of reaching a decision which has been deferred or further deferred unless he was present as a member of the Disciplinary Tribunal when the decision was deferred.
(4) For the purposes of paragraph (b) of subsection (1) of this section, a person shall not be treated as guilty as therein mentioned, unless the guilt stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the direction.
(5) When the Disciplinary Tribunal gives direction under subsection (1) of this section, the Disciplinary Tribunal shall cause notice of the direction to be served on the person to whom it relates.
(6) The person to whom such a direction relates may, at any time within twenty-eight days from the date of service on him of the notice of the direction, appeal against the direction to the Federal High Court and where necessary to the Court of Appeal and the Disciplinary Tribunal shall appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Federal High Court or Court of Appeal the Disciplinary Tribunal shall be deemed to be a party thereto, whether or not it appears at the hearing of the appeal.
(7) A direction of the Disciplinary Tribunal given under subsection (1) of this section shall take effect where-
(a) no appeal under this section is brought against the direction, within the time limit for such an appeal, or on the expiration of that time ;
(b) such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal.
(c) such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed and shall not take effect except in accordance with the foregoing provisions of this subsection.
(8) A person whose name is struck off the register in pursuance of a direction of the Disciplinary Tribunal under this section shall not be entitled to be registered again, except, in pursuance of a direction in that behalf and a direction under this section for the striking off of a person's name from the register prohibits him from making an application for membership or restoration of his membership until after the period specified by the direction that his name should remain struck off, and if he makes an application during the currency of the prohibition such an application shall be invalid.

Cite this section

Section 14, CHARTERED INSTITUTE OF BANKERS OF NIGERIA ACT (2007).

https://repo.podus.ai/laws/chartered-institute-of-bankers-of-nigeria-act/section/14/