Section 84: Property within Nigeria subject to forfeiture

(1) Any property-
(a)
in Nigeria whether real or personal, which represents the gross receipts which a person obtains directly or indirectly as a result of the commission of an offence created under this Act or any other relevant law; or which is traceable to such gross receipts ; and
(b)
within Nigeria, which represents the proceeds of an offence under the laws of a foreign country within whose jurisdiction such offence or activity would be punishable by imprisonment for a term of imprisonment of not less than a year and which would be punishable by imprisonment under this Act or any other relevant law if such act or activity had occurred within Nigeria:
is subject to forfeiture to the Federal Government and the proceeds accruing therefrom shall be paid into the Consolidated Revenue Fund ofthe Federation from which they shall immediately be paid into the Objects of Smuggling of Migrants Trust Fund.
(2) Without prejudice to the provisions of any other law permitting the forfeiture of property, the following shall also be subject to forfeiture under this Act and no proprietary right shall exist in them immediately upon such forfeiture :
(a)
all means of conveyance, including vehicles or vessels or aircrafts or other means of transportation which are used or are intended for use to transport or in any manner facilitate the smuggling of any migrant, except that no means of conveyance-
(i) used by any person in the transaction of business as a common carrier shall be forfeited under this section unless it appears that the owner or other person in charge of such means of conveyance was a consenting party or privy to the commission of an offence created under this Act or any other relevant law,
(ii) shall be forfeited under this section by reason of any act established by the owner thereof to have been committed by any person other than such owner while such means of conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of Nigeria or any part thereof, and
(iii) shall be forfeited under this section to the extent of an interest of an owner by reason of any act established by that owner to have been committed without the knowledge, consent or willful connivance of that owner.
(b) all monies, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for the commission of an offence created under this Act or any other relevant law, or all proceeds traceable to such an exchange, and all monies, negotiable instruments and securities used or intended to be used to facilitate the commission of any such offence ; and
(c) all real property, including any right, title and interest, incruding any leasehold interest, in the whole or any piece or parcel of land and any improvement or appurtenance which is used or intended to be used in any manner or part to commit or facilitate the commission of an offence under this Act or any other relevant law.