FAILED BANKS (RECOVERY OF DEBTS) AND FINANCIAL MALPRACTICES IN BANKS ACT

Section 3: Power to control property of debtor or accused (As amended by section 2 of Failed banks (recovery of dedts) and Financial malpractices in banks (amendment) decree 1995)

1994Section 3 of 24Federal Republic of Nigeria

(1) Where at any stage of a hearing or trial, the Court is satisfied that a prima facie case has been made out against a person, the Court may by order and for such time as it may direct or require-
(a) prohibit any disposition of property, movable or immovable, by or on behalf of that person, whether or not the property is owned or held by that person or by any other person on his behalf, except to such extent and in such manner as may be specified in the order;
(b) addressed to the manager of the bank or to the head office of the bank where the person has an account or is believed to have an account, direct the manager or the bank to-
(i) stop all outward payments, operations or transactions (including any bill of exchange) for the time specified in the order;
(ii) supply any information and produce books and documents, in respect of the account of that person; and
(c) where necessary or expedient, vest in the Court or otherwise acquire the custody of any property, movable or immovable, of the person for the preservation of the property pending the determination of the proceedings.
(2) An order under subsection (1) of this section shall have effect as specified therein, but any such order may at any time thereafter be varied or annulled by the Court.
(3) Failure to comply with the requirement of an order under this section shall be an offence punishable on conviction-
(a) in the case of an individual, by imprisonment for a term of not less than two years or more than five years without the option of a fine;
(b) in the case of any group of persons not being a body corporate, by the like punishment of each of such persons as is prescribed in paragraph (a) of this subsection;
(c) in the case of a body corporate by a fine of an amount equal to two times the estimated value of the property affected by the non-compliance or N100,000, whichever is higher.
(4) The Tribunal shall have power to admit and act on any evidence which it, considers relevant in any civil or criminal proceedings notwithstanding that the evidence is inadmissible under any other law or enactment.

Cite this section

Section 3, FAILED BANKS (RECOVERY OF DEBTS) AND FINANCIAL MALPRACTICES IN BANKS ACT (1994).

https://repo.podus.ai/laws/failed-banks-recovery-of-debts-and-financial-malpractices-in-banks-act/section/3/