PROCEEDS OF CRIME (RECOVERY AND MANAGEMENT) ACT

Section 15: Orders in respect of immovable property subject to a preservation order.

2022Section 15 of 83Federal Republic of Nigeria

1 The Court making a preservation order may direct the appropriate land registration authority to place a restriction on the land register, in respect of the immovable property.

2 An order of restriction made under subsection (1) may specify that the immovable property shall not, without the consent of the Court —
a be mortgaged or otherwise encumbered;
b be attached or sold in execution;
c vest in the official receiver concerned, when the estate of the owner of that immovable property is sequestrated; and
d form part of the assets of any company or body corporate, where the owner of the immovable property is a company or other body corporate, which is being wound up.

3 Subject to subsection (1), the registration authority shall—
a enter the restriction in its register and endorse the office copy of the title deed to that effect; and
b endorse on the original of the title deed, when it is produced.

4 The restriction referred to in subsection (3) (a) shall—
a be effective against any person, in whose favour a mortgage or other charge was registered, prior to the endorsement of the restriction on the title deed of the immovable property; and
b lapse on the lawful transfer of ownership of the immovable property concerned.

5 A person affected by an order specified in subsection (1) may, at any time, upon showing good cause, apply for the rescission of the order.

Cite this section

Section 15, PROCEEDS OF CRIME (RECOVERY AND MANAGEMENT) ACT (2022).

https://repo.podus.ai/laws/proceeds-of-crime-recovery-and-management-act/section/15/