FORFEITURE OF ASSETS (MISCELLANEOUS PROVISIONS) ACT 1977

FORFEITURE OF ASSETS (MISCELLANEOUS PROVISIONS) ACT

1977

An Act to, amongst other things, amend the Public Officers (Forfeiture of Assets) Order 1978 and to vest in the Federal Military Government properties forfeited therein, notwithstanding any defect in any previous transaction relating to the properties. [4th July, 1977]

 

1. The Public Officers (Forfeiture of Assets) Order 1978 is here by amended-

(a) by renumbering the existing section 1 as subsection (1) of section 1; and

(b) by inserting immediately after subsection (1) as renumbered, the following new subsection, that is- “(2) The properties, forfeited under subsection (1) of this section shall vest in the Federal Government notwithstanding any defect in any previous transaction relating to the properties or any previous non-registration of any interest in the properties or relating to the properties.”;

(c)

1986 No. 34.

in paragraph 8(b) of the Schedule thereto, as amended by the Forfeiture of Assets (Miscellaneous Provisions) Act 1986 by-
(i) substituting for the words “Interest of Ebako
and Company Limited and interest of Ebako and Company Limited in the following properties”, the words “Ebako and Company Limited and the following properties of Ebako and Company Limited”; and
(ii) substituting for sub-paragraph (i) thereof, the following new sub-paragraph, that is-

“(i) without prejudice to the existing right of the Federal Military Government in the property known as Nos. 1-3 Moloney Street, Lagos which, for the avoidance of doubt, shall continue to be vested in the Federal Government, the interest of Ebako and Company Limited in Nos. 1-3 Moloney Street, Lagos.” .

Amendment of L.N. 33 of 1978.
2. The Forfeiture of Assets (Miscellaneous Provisions) Act 1986 is hereby amended-

(a) by renumbering the existing section 3 as subsection (1) of section 3; and

(b) by inserting immediately after subsection (1) as renumbered, the following new subsection, that is- “(2) Paragraph 8(c) of the Schedule to the Public Officers (Forfeiture of Assets) Order 1978, as amended by section 1(1) of this Act, shall be deemed to have come into force on 4th July 1977.”.

Amendment of 1986 N0.34
3. (1)

Notwithstanding anything in the Constitution of the Federal Republic of Nigeria, as amended, or any other enactment, no proceeding shall lie or be instituted in any court for or on account of any act, matter or thing done under this Act or under-

L.N. 33 of 1978

(a)

the Public Officers (Forfeiture of Assets) Order 1978, as amended; or

(b)

1986 No. 34.

the Forfeiture of Assets (Miscellaneous Provisions) Act 1986, as amended.

 

(2) Accordingly-

(a) if any proceeding has been instituted before or after the commencement of this Act, such proceeding shall abate, be discharged and be made void;

(b)

if any decision on any proceeding has been made whether before or after the commencement of this Act, such decision shall be null and void and of no effect whatsoever as from the date of the making thereof.

Exclusion of proceedings Cap. 62.
4. (1) This Act may be cited as the Forfeiture of Assets (Miscellaneous Provisions) Act.

(2) Section 1 of the Public Officers (Forfeiture of Assets) Order 1978 and paragraph 8(b) of the Schedule thereto, as amended by section 1 of this Act, shall be deemed to have come into force on 4th July 1977.

Short title and commencement.