Section 32: Power to control property of the accused

(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; and
(b) 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 sectioh 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 but not exceeding 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) An application may be made to the Court for the disposal or confiscation of any property seized under this Act-
(a) in the case of perishable property, at any time; and
(b) in any other case, not earlier than twelve months, after the property has been seized.
(5) The Court may, if satisfied that there is need for the disposal or confiscation of the property specified in an application under subsection (4) of this section, make such order and on such terms and conditions as it may deem necessary for the disposal or confiscation of the property.
(6) The disposal of a property under this section shall be by public auction.
[1997 No. 19.]