FORFEITURE OF ASSETS, ETC. (VALIDATION) ACT

19684 sectionsFederal Republic of Nigeria

Section 1: Validation of forfeiture orders, etc., made under laws repealed by 1968 No.37.

(1) All orders specified in column 2 of Part A of the Schedule to this Act and made under the provisions of any enactment or other law (repealed by subsection (1) of section 14 of the Investigation of Assets (Public Officers and Other Persons) Act for the purpose of forfeiting the assets of, or adjudging liable to make reparation, any public officer or other person specified in column 1 of Part A of the Schedule to this Act, are hereby validated for all purposes with effect from their respective dates of commencement as specified in column 3 of that Part, and accordingly the said orders shall have effect by virtue of this Act as hereinbefore provided and the assets aforementioned shall be deemed to have been forfeited and the same may be disposed of or otherwise dealt with as provided in those orders.
(2) All orders in writing dated respectively as specified in column 2 Part B of the Schedule to this Act and made in respect of the public officers and other persons specified in column 1 of that Part, under subsection (1) of section 13 of the Public Officers and Other Persons (Investigation of Assets) Law, (repealed as mentioned in subsection (1) of this section) for the purpose of prohibiting dispositions of, or other dealings with, the properties of the said public officers and other persons, except to the extent and in the manner specified in the said orders, are hereby validated for all purposes with effect from the respective dates of the making thereof.
(3) All other orders, notices or documents made or given or other things whatsoever done under the provisions of any enactment or other law repealed as mentioned in subsection (1) of this section, are hereby validated for all purposes with effect from the dates on which the same were made, given or done respectively.

Section 2: Exclusion of jurisdiction of courts and abatement of pending proceedings.

(1) For the avoidance of doubt, it is hereby declared that the validity of any order, notice or document made or given or purported to be made or given or of any other thing whatsoever done or purported to be done under the provisions of any enactment or law repealed as mentioned in subsection (1) of section of this Act or the circumstances under which the same has been so made, given or done, shall not be inquired into in any court of law, and accordingly nothing in the provisions of Chapter IV of the Constitution of the Federal Republic of Nigeria shall apply in relation to any matter arising from this Act or from any enactment or other law repealed as aforesaid.
(2) Where immediately before the date of commencement of this Act any proceedings in any court of first instance or on appeal from such court are pending or any right to bring such proceedings has accrued in respect of any matter as to the validity of which courts are precluded from inquiring by subsection (1) of this section, the proceedings or right as aforesaid shall abate as from the date of commencement of this Act.

Section 3: Interpretation, etc.

(1) In this Act, unless the context otherwise requires-
"public officer" has the same meaning as in subsection (1) of section 13 of the Investigation of Assets (Public Officers and Other Persons) Act.
(2) Subject to the provisions of this Act, this Act shall be read and construed as one with the Investigation of Assets (Public Officers and Other Persons) Act and accordingly, the provisions of the last mentioned Act shall, with necessary modifications and adaptations, apply with respect to orders, notices, documents, and other things whatsoever validated by this Act.
(3) The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any decision, determination, judgment or order of any court made or given before the date of commencement of this Act.

Section 4: Short title and extent.

This Act may be cited as the Forfeiture of Assets, etc. (Validation) Act and shall have effect throughout the Federation.