TERRORISM (PREVENTION AND PROHIBITION) ACT

Section 79: Seizure of fund or property.

2022Section 79 of 100Federal Republic of Nigeria

(1) A relevant agency shall apply ex-parte to the Court for an order to seize the fund or property of a person arrested for an offence under this Act, where it has reasonable grounds to suspect that the fund or property—
(a) is intended to be used for the purpose of committing an act of terrorism or other acts of violence under this Act;
(b) belongs to or is held in trust for a terrorist group or specified entity; or
(c) is or represents property or part of property obtained through acts directly or indirectly linked to terrorism.
(2) A relevant agency may seize fund or property where—
(a) the seizure is incidental to an arrest or search; or
(b) the fund or property is liable to forfeiture upon an order made by the Court following an application by the relevant agency.
(3) A relevant agency may, in the interest of public order, defence and national security, exercise its powers under subsection (1), whether or not any proceeding has been brought for an offence in connection with the fund or property.
(4) The Court shall not make a detention or attachment order of any fund or property seized in accordance with the provisions of this section unless the Court is satisfied that reasonable grounds exist for suspecting that the fund or property—
(a) is derived from an act of terrorism, or is being used or is intended to be used for the purposes of terrorism;
(b) consists of resources of a terrorist, terrorist group or specified entity;
(c) is or represents property or part of a property obtained directly or indirectly through terrorist activities;
(d) is being used or intended to be used in committing acts of violence or other offences under this Act; or
(e) is being used or intended to be used in financing the proliferation of weapons of mass destruction.
(5) Subject to subsection (7), any order made under subsection (4) shall remain valid for a period of 90 days and may be renewed for a further period of 90 days or until the production of the suspected fund or property before the court.
(6) Any fund or property, and other proceeds from the fund or property seized under this section shall be deposited by a relevant agency in an interest yielding account.
(7) The fund with the interest may be released to the owner by an order of the Court, where proceedings are not brought in connection with the seized fund.
(8) Whenever property is seized under any of the provisions of this Act, a relevant agency—
(a) shall place the property under seal;
(b) may, with leave of the Court, auction the property and pay the proceeds into an interest yielding account pending the determination of the matter; or
(c) remove the property to a place designated by the relevant agency.
(9) Property taken or detained under this section shall be deemed to be in the custody of the Court and subject only to the order of the Court.

Cite this section

Section 79, TERRORISM (PREVENTION AND PROHIBITION) ACT (2022).

https://repo.podus.ai/laws/terrorism-prevention-and-prohibition-act/section/79/