TERRORISM (PREVENTION AND PROHIBITION) ACT

Section 80: Order of the Court relating to seized property.

2022Section 80 of 100Federal Republic of Nigeria

(1) Where a person is charged or about to be charged with an offence under this Act, the relevant agency may apply to the Court for a detention or attachment order of all frozen funds and seized property belonging to or held on behalf of the suspect.
(2) An order made under subsection (1) may—
(a) prohibit a person from making money or property available to or for the benefit of the suspect, except in cases of critical need, including reasonable subsistence expenses;
(b) authorise the relevant agency to make money or other property available to such person on such conditions as may be specified in the order;
(c) authorise the relevant agency to auction the property through the office of the Attorney–General and pay the proceeds into an interest yielding account especially where the property in question is perishable or is likely to perish or in imminent danger of perishing or being destroyed;
(d) require the suspect to provide such information or produce such document as may be required or necessary for an investigation under this Act; or
(e) include such other conditions, as the Court may impose.
(3) The Court may, on an application by the Attorney–General or on the advice of the Attorney–General, appoint an official receiver or any other suitable person to auction or manage the property of the suspect during the period of operation of an order made under this section.
(4) An order made under this section shall—
(a) be published in the Federal Government Gazette and in two national daily newspapers, by the relevant agency; and
(b) remain in effect until the determination of any charge or intended charge under subsection (1) and, if there is a conviction, until an order for forfeiture is made by the Court or proceedings relating to the forfeiture are concluded.
(5) Where an order made under this section ceases to have effect, the relevant agency shall cause notice of that fact to be published in the Federal Government Gazette and in two national daily newspapers within 60 days of the cessation.
(6) The relevant agency shall, subsequent to publishing the order, give notice of the order to—
(a) financial institutions and designated non-financial institutions; and
(b) any other person who may hold or be vested with property belonging to or held on behalf of the suspect or convicted person.
(7) Any payment, transfer, pledge, or other disposition of property made in contravention of an order made under this section shall be void.
(8) Property forfeited to the Federal Government shall vest in the Federal Government, where—
(a) no appeal has been made against the order, at the expiration of the period within which an appeal may be made against the order; and
(b) an appeal has been made against the order, and on the final determination of the appeal, the decision is in favour of the Federal Government.
(9) In this section, “critical need” means serious life-threatening need.

Cite this section

Section 80, TERRORISM (PREVENTION AND PROHIBITION) ACT (2022).

https://repo.podus.ai/laws/terrorism-prevention-and-prohibition-act/section/80/