Section 13: Penalties for unprofessional conduct.

(1) Where-
(a) a person registered under this Act is convicted of any offence by any court or tribunal in Nigeria or elsewhere being a court having power to sentence a person to a term of imprisonment for an offence (whether or not punishable with imprisonment) and the Tribunal is of the opinion that the commission of the offence is incompatible with the status of a town planner; or
(b) a registered person is adjudged by the Tribunal to be guilty of infamous conduct in a professional respect; or
(c) the Tribunal is satisfied that the name of any person has been fraudulently registered the Tribunal may-
(i) if it thinks fit, give a direction ordering the registrar to strike the person's name off the relevant part of the register; or
(ii) suspend that person from practice by ordering him not to engage in practice as a town planner for such period not exceeding 24 months as may be specified in the direction; or
(iii) reprimand him,
and any such direction may where appropriate include provision requiring the refund of moneys paid or the surrender of documents or any other thing as the circumstances of the case may require.
(2) Where a registered person is judged by the Tribunal to be guilty of misconduct not amounting to infamous conduct, which in the opinion of the Council is incompatible with the status of a town planner, the Tribunal may, if it thinks fit, give such direction as is authorised by sub-paragraph (ii) or (iii) of subsection (1) of this section and such direction may where appropriate, include provision requiring the refund of moneys paid or surrender of documents or any other thing as the circumstances of the case may require.
(3) The Tribunal may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsection (1) of this section until a subsequent meeting of the Tribunal; but
(a) no decision shall be deferred under this subsection for periods exceeding twelve months in the aggregate; and
(b) no person shall be a member of the Tribunal for the purpose of reaching a decision which has been deferred or further deferred unless he was present as a member of the Tribunal when the decision was deferred.
(4) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (a) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.
(5) When the Tribunal gives a direction under subsection (1) of this section, the Tribunal shall cause a notice of the direction to be served on the person to whom it relates.
(6) The person to whom such a direction relates may, at any time within 28 days from the date of service on him of the notice of the direction, appeal against the direction to the Court of Appeal; and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Court of Appeal, the Tribunal shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.
(7) A direction of the Tribunal under subsection (1) of this section shall take effect-
(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time; or
(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; or
(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed, and not otherwise howsoever.
(8) A person whose name is removed from the register in pursuance of a direction of the Tribunal under this section shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the tribunal on the application of that person; and a direction under this section for the removal of the name of a person from the register may stipulate that an application under this subsection shall not be presented by the affected person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction.