|
| |
Tribunals
(Certain Consequential Amendments, etc.) Decree
No
6 2
of 1999
Laws
of the
Federation
of
Nigeria
28th May
1999
The
Federal Military Government hereby decrees as follows: -
1.
The enactments specified in the first column of Parts I and II of the
Schedule to this Decree are amended to the extent set
out in the second column
of those Parts of that Schedule.
2 .
(1) The Federal High
Court or the High Court of a State, as the case may be, shall have jurisdiction
to try
the offences created under the enactments specified in the Schedule to
this Decree.
(2)
Accordingly, a Tribunal established in any of the enactments specified in the
Schedule to this Decree is
hereby dissolved.
(3)
A charge, claim or court process filed before a Tribunal established under any
of the enactments specified
in the Schedule to this Decree shall be deemed to
have been duly filed or served before the Federal High Court or High Court of
a
State, as the case may be and such charge, claim and court process shall be
deemed amended as to title, venue and such other
matter as may be appropriate to
give effect to this subsection without further assurance than this Decree.
(4)
Any order, remand, decision or judgment ma de by a Tribunal before the
commencement of this Decree is hereby
preserved.
(5)
A decision or ju4gement of a Tribunal made before the commencement of this
Decree shall be enforced in
accordance with the procedure or law relating to the
enforcement of a decision or judgment of the Tribunal before the commencement
of
this Decree.
(6)
Where before
the commencement of this Decree, a matter has been concluded in a Tribunal and
the Tribunal was for any
reason whatsoever unable to deliver the judgment, the
judgment may be delivered by a Judge of the Federal High Court or the High
Court
of a State, as the case may be:
Provided
that the judgment shall have been written.
3 .
(l) Where any
part-heard matter is pending before any Tribunal on the date of the making of
this Decree the
Judge -
(a)
may, if the parties to the proceedings agree in a civil
cause, adopt the proceedings of the Tribunal concerned;
(b)
shall, in a criminal case, try the matter de novo pursuant to this
Decree.
(2)
All new proceedings shall be brought before the Court in accordance with the
rules of procedure of the
Court concerned.
4.
All criminal proceedings brought before the Court
relating to a matter for which the Court has jurisdiction under
this Decree
shall be tried summarily in accordance with section 33 of the Federal High Court
Acts and rules of procedure made under
that Act or under the equivalent section
of the relevant High Court Law of the. State concerned and rules of procedure
made under
that Law.
5.
A civil or criminal proceeding may be commenced and
proceeded with in any division of the Federal High Court notwithstanding
the
place of commission of the offence or a cause of action.
6.
All proceedings pursuant to this Decree shall be given accelerated hearing.
7 .
(1) A person convicted or against whom a judgment is given
under this Decree may, within 30 days of the conviction or judgement, appeal
to
the Court of Appeal.
(2)
There shall be a right of appeal from a decision of the Court of Appeal to the
Supreme Court.
8.
In
this Decree, unless the context otherwise requires –
"Court"
means the Federal High Court or the High Court of a State, as the case may be;
"Tribunal"
means a Tribunal established under any of the enactments specified in the
Schedule to this Decree.
9.
This
Decree may be cited as the Tribunals (Certain Consequential Amendments, Etc.)
Decree 1999.
Schedule
Part
1
Section
|
Year |
No. |
Title |
|
Extent
of Amendment |
|
1990
|
Cap
159 LFN |
Food
and Drugs Act |
1.
2. |
Section
14(3) is amended by substituting for the words "High Court of a State
or a magistrate" the words "the
Federal High Court".
Immediately
after section 17 insert the following new section. 17A.
The
Federal High Court shall have exclusive jurisdiction to try offences under
this Act. |
|
1984 |
3 |
Recovery
of Public Property (Special Military Tribunal Decree 1984 |
1.
|
For
the title substitute the following new title-
"Recovery
of Public Property (Special Provisions) Decree 1984".
|
|
|
|
2. |
For
the words "Chairman of the Tribunal" substitutes the words the
Judge of a Federal High Court". |
|
|
|
3 |
For
the word "Tribunal" wherever it appears in the Decree,
substitute the words "Federal High Court. |
|
|
|
4. |
Sections
5, 6, 7,12,14,15,16,17, 18,19,20,31 are hereby deleted. |
|
|
|
5. |
In
section 22, delete the definition |
|
|
|
6 |
The
Second Schedule is hereby deleted. |
|
1984 |
20 |
Special
Tribunal Miscellaneous Offences Decree 1984" |
1.
|
For
the title substitute the following new title "Miscellaneous Offences
Decree 1984"
Sections
1,2,4,5, 6,8,9,11,12 are hereby deleted.
|
|
|
|
2. |
Section
7 is amended by substituting therefore the following-
7 .(l)
Any person who commits an offence under this Decree shall be arrested
without warrant by a police officer or customs
office, as the case may be.
(2)
Notwithstanding the provisions of any other enactment conferring power to
search, if the Judge of the Federal High
Court is satisfied that there is
a reasonable ground to suspect that there may be found in any building or
other place,
whatsoever, any money or other property or any books, record,
account, statements of information in any other form whatsoever
which, in
his opinion are or may be material to the subject matter of any trial
under this Decree, he may issue a warrant
under his hand authorising any
police officer, if necessary by force, to search the said building or
other place or
any part thereof, and to search for, seize and remove such
things as aforesaid found therein.".
|
|
|
|
3. |
For
the word "tribunal" substitute the word "Federal High
Court" wherever it appears.
|
|
|
|
4. |
Section
13 is amended by deleting the definition of "tribunal". |
|
|
|
5. |
The
Schedule is hereby deleted. |
|
1984 |
22 |
Counterfeit
and Fake Currency Decree 1984 |
I.
|
Section
7 is amended by –
(a)
substituting for the words "Chairman of a tribunal" the
words "Judge of the Federal High
Court;
(b)
deleting the words "any member of the armed forces and an
officer of the armed forces" wherever
they appear in the
section.
|
|
|
|
2. |
For
section 8 substitute the following new section -
8.
The Federal High Court shall have exclusive offences jurisdiction to try
offences created under this Decree."
|
|
|
|
3. |
Section
9 is amended by –
(a)
substituting for the words "Chairman of a Tribunal", the words
"Judge of the Federal High Court";
(b)
deleting the words "or any member of the armed forces or any member
of the security agencies.".
|
|
|
|
4. |
Section
10,11,14,15,16,17 and 19 are hereby deleted. |
|
|
|
5. |
For
section 12, substitute the following new section –
12 .(1)
Where any person is convicted of any offence offences. under this Decree
the Federal High Court may, either at the
time of making the conviction or
subsequently, make an order that any counterfeit bank note or current
coin, or instrument,
tool, engine or any machinery, implement, utensil or
material whatsoever used or intended to be used for the false making
or
counterfeiting of a bank note or current coin be forfeited to the Federal
Republic of Nigeria
(2)
Notwithstanding that no person has been convicted by it if the Federal
High Court is satisfied that any person brought
before it or to its notice
for the purposes of a trial in the nature of a counterfeit bank note or
current coin, instrument,
engine or any machinery, implement, utensil or
material whatsoever it or has been used for, intended to be or capable of
being used for the false making or counterfeiting of a bank note or
current coin, then, the Federal High Court may at
the completion of such
trial make an order that any such thing be forfeited to the Federal
Republic of Nigeria.
(3)
The passport of any person convicted under this
Decree shall be forfeited to the Federal Republic of Nigeria and shall not
be released to him until ten years from the date of pronouncement of the
sentence imposed on such person by the Federal
High Court."
|
|
|
|
6. |
Section
18 is amended by deleting the definition of "tribunal". |
|
|
|
7. |
For
the word "tribunal" wherever it appears in this Decree
substitute the words "Federal High Court". |
|
|
|
8. |
The
Schedule is hereby deleted. |
|
1984 |
48 |
National
Drug Law Enforcement Agency Decree 1989 |
1.
|
Section
17 is amended by substituting therefore the following new section –
17. (i)
The Federal High Court shall have exclusive jurisdiction to try offences
under this Decree.
(2)
The Federal High Court shall have power to impose the penalties provided
in this Decree.
(3)
In any trial for an offence under this Decree, the fact that an accused
person is in possession of pecuniary resources
or property for which he
cannot satisfactorily account and which is disproportionate to his known
sources of income,
or that he had at or about the time of the alleged
offence obtained an accretion to his pecuniary resources or property for
which he cannot satisfactorily account, may be proved and may be taken
into consideration by the Federal High Court
as corroborating the
testimony of any witness in such trial."
|
|
|
|
2. |
For
section 31(1) substitute the following new subsection-
"(1)
Where a person is discharged or acquitted by the Federal High Court of an
offence under this Decree, the Federal
High Court may make an order of
revocation or confirmation; as the case may be, of an interim order made
pursuant to
this Decree, whichever order is considered just, appropriate
or reasonable within this Decree:
Provided
that the property may still be attached where a discharge is merely given
for a period of 30 days."
|
|
|
|
3. |
Section
32(1) substitute for paragraph (a) the following new paragraph (a) -
"(a)
any police officer or customs officer;"
|
|
|
|
4. |
Section
40 is hereby deleted. |
|
|
|
5. |
For
the word Tribunal1' wherever it appears in the Decree substitute the words
"Federal High Court". |
|
1993 |
15 |
National
Agency for Food and Drugs Administration and Control Decree 1993 |
1.
2.
|
Section
25 insert the following new subsection (5).
"(5)
The Federal High Court shall have exclusive jurisdiction to try offences
under this Decree."
For
the word "Tribunal" wherever it appears (n the Decree substitute
the words 'Federal High Court". |
|
1993 |
19 |
Drugs
and Related Products (Registration, etc.) Decree 1993 |
1. |
Section
7B is amended by substituting therefore the following new section 7B-
17B.
The Federal High Court shall have exclusive offences jurisdiction to try
offences under in this Decree."
|
|
:1993 |
18 |
Failed
Banks (Recovery of Debts) and Financial Malpractices in Banks Decree 1994 |
1.
|
Sections
1,2,4,5,24,27 are hereby deleted
|
|
|
|
2. |
Section
25 is amended by substituting therefor the following new section -
25.
A person who commits an offence under this Decree may be arrested without
warrant by a police officer.
|
|
|
|
3. |
Section
26 is amended by substituting therefor the following new section -
26 .
(1) The Court shall have power to grant bail to an
accused person charged with an offence under this Decree or any other law
triable by the Court upon such terms and conditions as the Court may deem
fit including -
(a)
the payment of deposit of one-quarter of the amount of money involved in
the offence;
(b)
the provision of a surety or such number of sureties who shall deposit
adequate security for the balance
of the involved in the offence;
(c)
the handing over of his passport to the Court for the duration of the
bail.
(2)
Notwithstanding the provisions of subsection (1) of this section, the
police shall, before any person is charged before
the Court for an offence
under this Decree, have power to grant bail to any person who is arrested
or detained upon
such terms and conditions as are reasonably necessary to
ensure compliance with the provisions of subsection (1)(a)-(c) of
this
section.".
|
|
|
|
4. |
Section
29 is amended -
(a)
by substituting for the definition of the word "director" the
following new definition-
"director"
means a director as defined in the Companies and Allied Matters Decree
1990, as amended, and within
the meaning of section 20(5) of the Banks and
Other Financial Institutions Decree 1991, as amended and includes a wife,
husband, father, mother, son or daughter of a director;";
(b)
by deleting the definition of the word "Tribunal".
|
|
|
|
5. |
In
the Appendix to Schedule 1 substitute for the words "the Failed Banks
(Recovery of Debts) and Financial
Malpractices in Banks Tribunal" the
words" In the Federal High Court" |
|
|
|
6. |
Schedule
2 is hereby deleted. |
|
|
|
7. |
For
the word "Tribunal" wherever it appears in the Decree substitute
the words "Federal High
Court" |
|
1995 |
3 |
Money
Laundering Decree 1995 |
1.
|
For
section 18 substitute the following new section –
18 .(1)
The Federal High Court shall have exclusive of jurisdiction to try
offences under his Decree.
(2)
The Federal High Court shall have power to impose the penalties provided
in this Decree.
(3)
In any trial for an offence under this Decree, the fact that an accused'
person is in possession of pecuniary resources
or property for which he
cannot satisfactorily account and which is disproportionate to his known
sources of income,
or that he had at or about the time of the alleged
offence obtained an accretion to his pecuniary resources or property for
which he cannot satisfactorily account, may be proved and may be taken
into consideration by the Federal High Court
as corroborating the
testimony of any witness in such trial.".
|
|
|
|
2. |
Sections
21 is hereby deleted. |
|
|
|
3. |
For
the word "Tribunal" wherever it appears in the Decree substitute
the words "Federal High Court". |
|
1999 |
|
Counterfeit
and Fake Drugs (Miscellaneous Provisions) Decree 1999 |
1.
|
For
section 4 substitute the following new section -
4 .(1)
The Federal High Court shall have exclusive jurisdiction to try offenders
under this Decree.
(2)
The Federal High Court. shall have. power to impose
the penalties provided in this Decree.".
|
|
|
|
2. |
Section
5 is hereby deleted |
Part II
|
1984 |
5 |
Robbery
and Firearm (Special Provisions) Decree 1984 |
1. |
For
section 8 substitute the following new section –
8.
Offences under this Decree shall be triable in the High Court of the State
concerned."
Sections
9, 10, 11, 12 and 14 are hereby deleted.
Section
15 is amended by deleting the definition of "tribunal". |
|
1984 |
47 |
Students
Union Activities (Control and Regulations) Decree 1989 |
1.
|
Section
5 is amended by substituting for subsection (3), the following new
subsection-
"(3)
Any student or person who commits an offence under this Decree shall be
tried by the High Court of the State
concerned:
|
|
|
|
2. |
Section
6 is amended by deleting the words "(including the Constitution of
the Federal Republic of Nigeria.". |
|
1995 |
13 |
Advance
Fee Fraud and Other Fraud Related Offences Decree 1995.
|
1.
|
Sections
13,15,19,20 and 22 are hereby deleted.
|
|
|
|
2. |
For
section 12 substituting the following new section –
12 .(1)The
High Court of the State concerned shall have exclusive jurisdiction to try
offences under this Decree.
(2)
The High Court of the State concerned shall have power to impose the
penalties provided in this Decree.
|
|
|
|
3. |
For
section 18 substitute the following new section –
18. (1)
The High Court of the State concerned shall have power to offences. grant
bail to an accused person charged with an
offence under this
Decree
or any other law triable by the High Court of the State concerned upon
such terms and conditions as the High
Court of the State concerned may
deem fit including -
(a)
the payment of deposit of one-quarter of the amount of money involved in
the offence;
(b)
the provision of a surety or such number of sureties who shall deposit
adequate security for the balance of the
amount involved in the offence;
and
(c)
the handing over of his passport to the High Court 6f the State concerned
for the duration of the bail.
(2)
Notwithstanding the provisions of subsection (1) of this section, the
police shall, before any person is charged before
the High Court of the
State concerned for an offence under this Decree, have power to grant bail
to any person who
is arrested or detained upon such terms and conditions
as are reasonably necessary to ensure compliance with the provisions
of
subsection (i)(a)-(c) of this section.
|
|
|
|
4. |
Section
23 delete definition of "Tribunal". |
|
|
|
5. |
For
the word Tribunal~1 wherever it appears in the Decree substitute the words
"High Court of the State concerned |
Made
at Abuja this
26th day of May
1999
General
Abdulsalami Alhaji Abubakar
Head
of State, Commander-in-Chief of the Armed Forces
Federal
Republic of Nigeria
|
