PROCEEDS OF CRIME (RECOVERY AND MANAGEMENT) ACT

Section 44: Cessation of restraint orders.

2022Section 44 of 83Federal Republic of Nigeria

1 A restraint order, in relation to one or more offences, ceases to be in force, if —
a within 28 days after the —
(i) charge or all the charges that relate to the restraint order are withdrawn, or
(ii) defendant is acquitted of the offence or all the offences with which he was charged;
b the defendant’s conviction for the offence, or all the offences, of which he was convicted are quashed;
c a restraint order covers property that is not realisable property including gifts within the meaning of section 50 (3) of this Act;
d the Court is satisfied that the order was obtained by material suppression or misrepresentation of fact or by fraud; and
e a confiscation order relates to that offence, those offences or related criminal activity and—
(i) the confiscation order is satisfied, or
(ii) the confiscation order is discharged.

2 The period referred to in subsection (1) (b) shall not exceed 10 days, starting on the day on which the restraint order is made.

3 Restraint orders remain in force until rescinded by the Court.

Cite this section

Section 44, PROCEEDS OF CRIME (RECOVERY AND MANAGEMENT) ACT (2022).

https://repo.podus.ai/laws/proceeds-of-crime-recovery-and-management-act/section/44/