Section 12: Professional misconduct.

(1) The provisions of the Second Schedule to this Act shall, be applicable to the Tribunal and the Panel respectively. [Second Schedule]
(2) Where -
(a) a person fully registered or provisionally registered under this Act is found to be guilty of infamous misconduct in any professional respect by the Tribunal,
(b) such a person is convicted of any offence in Nigeria or elsewhere by any Court having power to impose imprisonment, whether or not such offence is punishable with imprisonment, which in the opinion of the Tribunal is incompatible with the status of the Professional Counsellor, or
(c) the Tribunal is satisfied that the name of any person has been fraudulently registered,
the Tribunal may, if it deems fit, give a direction reprimanding that person or ordering the Registrar to strike his name off the relevant part of the register.
(3) The Tribunal may, if it deems fit, defer its decision as to the giving of a direction under subsection (2), until a subsequent meeting of the Tribunal, but-
(a) no decision shall be deferred under this subsection for a period exceeding two years in the aggregate; and
(b) no person shall be a member of the Tribunal for the purpose of reaching a decision which has been deferred, unless he was present as member of the Tribunal when the decision was deferred.
(4) For the purpose of subsection (2), a person shall not be treated as a convict, unless the conviction stands at a time when no appeal or further appeal is pending or may, without extension of time, be brought in connection with the conviction.
(5) When the Tribunal gives a direction under subsection (2), it shall cause notice of the direction to be served on the person to whom it relates.
(6) A person to whom a direction relates may, at any time within 28 days from the date of service on him of the notice of the direction, appeal against the direction to the Court of Appeal, and the Tribunal may appear as respondent to the appeal and for the purpose of enabling directions to be given as to the cost of the appeal and of proceedings before the Tribunal, shall be deemed to be a party to it whether or not it appears to the hearing of the appeal.
(7) A direction of the Tribunal under subsection (2) shall take effect where -
(a) no appeal under this section is brought against the direction within the time for the appeal, on the expiration of that time;
(b) an appeal is brought and is withdrawn or struck out for want of diligent prosecution, on the withdrawal or striking out of the appeal; and
(c) an appeal is brought and is not withdrawn or struck out if and when the appeal is dismissed.
(8) A person whose name is removed from the register in pursuance of a direction of the Tribunal under this section, shall not be entitled to be registered again, except in pursuance of a direction in that behalf given by the Tribunal on the application of that person, and a direction under this section of the removal of a person's name from the register may prohibit an application under this subsection by that person until the expiration of the period from the date of the direction, and where he has duly made an application, from the date of his last application, as may be specified in the direction.