Cap. N30 _________________________________________________________________ National Drug Law Enforcement Agency Act
CHAPTER N30

NATIONAL DRUG LAW ENFORCEMENT AGENCY ACT ARRANGEMENT OF SECTIONS PART 1 Establishment of the National Drug Law Enforcement Agency, etc SECTION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Establishment of the National Drug Law Enforcement Agency Composition and proceedings etc., of the Agency Functions of the Agency Special powers of the Agency The secretariat, appointment of secretary and other staff of the Agency Application of the Pensions Acts. Establishment of special units etc. Special duties of the units Training programme. Power of the Attorney – General of the Federation to give directives to the Agency. PART II Offences 11. 12. 13. 14. 15. 16. 17. 18. 19. 20 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Importation, etc., of cocaine, heroine or similar drugs, etc. Occupier unlawfully permitting use of premises. Offender being armed Conspiracy, etc. Unlawful assumption of character of officer of the Agency Tampering with drug Escape or permitting escape Preventing a person from attending as a witness. Unlawful possession of cocaine, etc. Offences in relation to drug abuse and penalties . What constitutes exportation etc. Offence of exportation of narcotic, drugs, etc Attempts Offences by bodies corporate Commercial carrier Jurisdiction, etc. Forfeiture after conviction in certain cases Forfeited property Foreign assets Forfeiture of passport

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SECTION 31. 32. 33. Property subject to forfeiture Further provisions as to forfeiture Seizure of property PART III Forfeiture of assets of persons arrested for offences under this Acts 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Investigation of assets and properties of persons arrested for an offence under this Act Disclosure of assets and properties by an arrested person, etc. Interim forfeiture order. Final order Final disposal of forfeited property Offences in relation to forfeiture orders Consequence of an acquittal in respect of assets and properties Power to search, seize and arrest Freezing order on banks Application of Act to certain persons.

Part IV Application of certain enactments 44. 45. Application of certain enactments Information to be supplied by Nigerian diplomatic mission

PART V Miscellaneous and supplemental provisions 46. 47. 48. 49. 50. 51. 52. 53. Fund Accounts and audit Annual report Obstruction of Agency or authorized officers Regulations Repeal Interpretation Short title SCHEDULES FIRST SCHEDULE Supplementary provisions relating to the agency Second schedule Third Schedule Assets Declaration Form

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FOURTH SCHEDULE Freezing Order ___________________________ CHAPTER N30 NATIONAL DRUG LAW ENFORCEMENT AGENCY ACT An Act to establish the National Drug Law Enforcement Agency to enforce laws against the cultivation, processing, sale, trafficking and use of hard drugs and to empower the Agency to investigate persons suspected to have dealings in drugs and other related matter. (1989 No. 48, 1990 No. 33, 1992, No. 15., 1995, No. 3 1999, No. 62) 29th December, 1989) (Commencement) PART I Establishment of the National Drug Law Enforcement Agency, etc. 1. Establishment of the National Drug Law Enforcement Agency There is hereby established a body to be known as the National Drug Law Enforcement Agency (in this Act referred to as “the Agency”).

2.

Composition and proceedings, etc., of the Agency 1. a. b. The Agency shall consist of the following: A Chairman A representative of the Nigeria Police Force, not below the rank of an Assistant Inspector-General c. d. e. f. g. h. The Director, Military Intelligence; The comptroller-General of Customs The Director, State Security Service A representative of the Federal Ministry of Justice not below the rank of a Director The Director – General National Intelligence Agency A representative each of the Ministries of Foreign Affairs and Health not below the rank of Director; and i. Three other persons

2.

The President shall appoint the chairman and the members specified in paragraph (a)-(c) of subsection (1) of this section on the recommendation of the Attorney-General of the Federation.

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3. The chairman of the Agency shall be the chief executive of the Agency and shall be the accounting officer of the Agency. 4. The provisions of the First Schedule to this Act shall be effect with respect to the proceedings of the Agency and other matters mentioned therein. (First Schedule) 3. Functions of the Agency (1) Subject to this Act and in addition to any other functions expressly conferred on it by other provisions of this Act, the Agency shall have responsibility for:a. b. The enforcement and the due administration of the provisions of this Act; The coordination of all drug laws and enforcement functions conferred on any person or authority, including Ministers in the Government of the Federation, by any such law: c. Adoption of measures to identify, trace, freeze, confiscate or seize proceeds derived from drug-related offences or property whose value corresponds to such proceeds; d. Adoption of measures to eradicate illicit cultivation of narcotic plants and to eliminate illicit demand for narcotic drugs and psychotropic substances with a view to reducing human suffering and eliminating financial incentives for illicit traffic in narcotic drugs and psychotropic substances. e. Taking such measures which might require the taking of reasonable precautions to prevent the use of ordinary means of transport for illicit traffic in narcotic drugs including making special arrangements with transport owners; f. Adoption of measures which shall include coordinated preventive and repressive action. Introduction and maintenance of investigative and control techniques. g. h. Adoption of measures to increase the effectiveness of eradication efforts. The facilitation of rapid exchange of scientific and technical information and the conduct of research geared towards eradication of illicit use of narcotic drugs and psychotropic substances. i. Taking measures for the early destruction or disposal of the narcotic drugs and psychotropic substances which have been seized, confiscated or forfeited j. Facilitation or encouragement of the presence or availability of persons, including persons in custody who consent to assist in investigations or participate in proceedings relating to narcotic drugs and psychotropic substances: k. Enhancing the effectiveness of law enforcement to suppress illicit traffic in narcotic drugs and psychotropic substances. l. Establishing, maintaining and securing communication to facilitate the rapid exchange of information concerning offices and improving international co-operation in the suppression of illicit traffic in narcotic drugs and psychotropic substance by road, sea and air.

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m. Reinforcing and supplementing the measures provided in the convention on Narcotic Drugs 1961, as amended by the 1972 Protocol, the 1971 Convention on Psychotropic Substances and the United Nations Convention Against illicit traffic in narcotic drugs and psychotropic substances and its grave consequences; n. Taking such measures that may ensure the elimination and prevention of the root causes of the problems of narcotic drugs and psychotropic substances: o Strengthening and enhancing effective legal means for international co-operation in criminal matters for suppressing the international activities of illicit traffic in narcotic drugs and psychotropic substances; p Collaborating with government bodies both within and outside Nigeria carrying on functions wholly or in part analogous to those of the Agency concerning amongst others. i. The identities, whereabouts and activities of persons suspected being involved in offences mentioned in this Act; ii. The movement of proceeds or property derived from the commission of such offences iii. The movement of narcotic drugs and psychotropic substances specified in the second schedule to this Act, and instrumentalities used or intended for use in the commission of such offences (Second Schedule) iv. v. the exchange of personnel and other experts The establishment and maintenance of a system for monitoring international dealings in narcotic drugs and psychotropic substances in order to identify suspicious transactions and persons engaged in them. q Taking charge, supervising, controlling, coordinating all the responsibilities, functions and activities relating to arrest, investigation and prosecution of all offences connected with or relating to illicit traffic in narcotic drugs and psychotropic substances, notwithstanding any law to the contrary; and (1992 No.15) r. Strengthening co-operation with the office of the Attorney-General of the Federation, the police force, customs agencies immigration agencies, welfare officials, health officials and other law enforcement agencies in the eradication of illicit traffic in narcotic drugs and psychotropic substances. (1992 No.15) 2. All drugs units under existing institutions dealing with offenders or offences connected with or relating to illicit traffic in narcotic drugs or psychotropic substances shall relate and be responsible to the Agency in the performance of their duties and functions. (1992 No. 15)

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4. Special Powers of the Agency 1. The Agency shall have power:a. To cause investigation to be conducted as to whether any person has committed an offence under this Act: and b. With a view to ascertaining whether any person has been involved in offences under this Act or in the proceeds of the proceeds of any such offences, to cause investigations to be conducted into the properties of any person if it appears to the Agency that person’s life style and extent of the properties are not justified by his ostensible source of income. 2. For the purpose of inquiring, into and ascertaining whether an offence under paragraph (b) of subsection (1) of this section has been committed, the Agency may, by notice in writing, call upon any person to furnish to it with a time specified in the notice, such information, returns, accounts, books or other documents in custody or such person as the Agency may consider fit and proper within the circumstances. 3. The Agency shall not exercise the power conferred upon it by paragraph (b) of subsection (1) of this section without first obtaining the approval of the AttorneyGeneral of the Federation 4. For the purpose of carrying out or enforcing the provisions of this Act, all officers of the Agency involved in the enforcement of the provisions of this Act shall have the same powers, authority and privileges (including power to bear arms) as are given by law to members of the Nigerian Police (1992 No. 15) 5. The Agency may at its discretion pay reward to any person, not being a person employed by the Agency, in respect of any information or service rendered to the Agency which may be of assistance to the agency in the performance of its duties under this Act. (1992 N0.15)

5.

The Secretariat and appointment of Secretary and other staff of the Agency 1. 2. There shall be established a Secretariat for the Agency. There shall be appointed for the Agency, a secretary whose rank shall be equivalent to that of Direct-General in the civil service of the Federation and who shall be appointed by the President 3. 4. The secretary shall be the head of Secretariat of the Agency The Secretary shall be responsible for the administration of the Secretariat, keep the books and records of the Agency and shall be subject to the supervision and control of the chairman and the Agency.

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5. The Agency may, from time to time, appoint such other staff, as it may deem necessary, to assistant the Agency in the performance of its functions under this Act. 6. The staff of the Agency appointed under subsection (5) of this section, shall be appointed upon such terms and conditions of service as the Agency may, after consultation with the Federal Civil Service Commission, determine.

7.

The staff of the Agency shall be public officers as defined in the constitution of the Federal Republic of Nigeria, as amended. (Cap. C23,J)

6.

Application of the Pensions Act (1) Service in the Agency shall be approved service for the purposes of the Pensions Act, and accordingly officers and other persons employed in the Agency shall be entitled to pensions gratuities and other retirement benefit as are prescribed there under, so how ever that nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of a pension gratuity or other retirement benefits in respect of that office. (Cap. P.4 1992 No. 15) (2) For the purpose of the application of the provisions of the Pensions Act, any power exercisable thereunder by a Minister or other authority of the Government of the Federation other than the power to make regulations under section 23 thereof is hereby vested in and shall be exercisable by the Agency and not by any other person or authority. (1992 No. 15)

7.

Establishment of Special Units, etc. 1. For the effective conduct of the functions of the Agency, there shall be established the following units. That is to say a. b. c. 2. General and Assets investigation unit Prosecution unit; and Counseling unit

Notwithstanding the provisions of subsection (1) of this section, the Agency shall have power to set up any technical committees to assist it in the performance of its duties and functions under this Act .

8.

Special Duties of the units 1. The general and assets investigation unit shall be charged with responsibility for; a. b. Prevention and detection of offences in violation of the provisions of this Act: Working in collaboration with the Nigerian Customs Services in monitoring the movement of goods and persons in any customs area, customs stations, customs ports

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Cap. N30 _________________________________________________________________ National Drug Law Enforcement Agency Act or customs airports and searching cargoes and incoming and outgoing vessels, including pleasure craft and fishing vessels as well as aircraft and vehicles and, when appropriate, searching crew members, passengers and their baggages; c. Detecting consignments suspected of containing narcotic drugs and psychotropic substances coming into or out of a customs area, customs station, customs port or customs airport. d. Maintaining surveillance in Harbour and dock areas and airports and border control points. e. Investigating assets and properties of persons arrested for committing any offence under this Act; f. Identifying and tracing proceeds involved in any offence under this Act and effecting forfeiture of such proceed; and g. Dealing with matters connected with extradition and mutual assistance in criminal matters 2. The prosecution unit shall be charged with responsibility for:a. b. Prosecuting offenders under this Act Supporting the general and assets investigating unit by providing the unit with legal advice and assistance whenever it is required; c. Conducting such proceedings as may be necessary towards the recovery of any assets or property forfeited under this Act. d. 3. Performing such other legal duties as the Agency may refer to it from time to time

The counseling unit shall, in collaboration with the Federal Ministry of Health have responsibility for a. Campaigns, seminars and workshops aimed at educating the public on the danger of narcotic drugs and psychotropic substance, thereby stimulating interest in and awareness about drug-related problems: b. c. After-care rehabilitation,, social reintegration and education of addicts: The promotion of the welfare of convicts.

4.

There shall be appointed for each of the units a principal officer who shall be known by such designation as the Agency may determine.

9

Training Programme The Agency shall initiate, develop or improve a specific training programme for its law enforcement and other personnel charged with responsibility for the suppression of offences created by this Act and such programme shall include. a. b. Methods used in the detection and suppression of offences under this Act: Routes and techniques used by persons involved in offences under this Act and appropriate counter-measure. c. Monitoring of the import and export of narcotic drugs and psychotropic substances;

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d. Detection and monitoring of the movement of proceeds and property derived from narcotic drugs psychotropic substance and instrumentalities used or intended to be used in the commission of offences under this Acts. e. Methods used for the transfer concealment or disguise of such proceeds, property and instrumentalities. f. g. h. Collection of evidence Law-enforcement techniques and Dissemination of information about drug laws.

10. Power of the Attorney-General of the Federation to give directives to the Agency. 1. The Attorney-General of the Federation may from time to time, give general policy guidelines to the Agency 2. Without prejudice to the generality of the provisions of subsection (1) of this section. The Attorney-General of the Federation may give to the Agency directives of a general nature or specific directives relating generally to a particular matter or case, as the case may be. 3. It shall be the duty of the Agency to comply with any guidelines or any directive given by the Attorney-General of the Federation pursuant to subsection (1) or (2) of this section.

PART II OFFENCES 11. Importation, etc., of cocaine, heroine, or similar drugs etc. Any person who, without lawful authority:a. Imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine. LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life: or b. Export, transports or otherwise traffics in the drugs popularly known as cocaine, LSD heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life. c. Sells, buys, exposes or offers for sale or otherwise deals in or with the drugs popularly known as cocaine. LSD heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life: or

d.

Knowingly possesses or uses the drugs popularly known as cocaine. LSD heroine or any other similar drugs by smoking inhaling or injecting the said drugs shall be guilty of an offence on conviction to imprisonment for a term not less than fifteen years but not exceeding 25 years.

12.

Occupier unlawfully permitting use of premises

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Any person, who being the occupier or is concerned in the management of any premises, unlawfully permits or causes the premises to be used for the purpose of storing, concealing processing or dealing in the drug popularly known as cocaine. LSD, heroine or any other similar drug shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term onto exceeding 25 years. (1992 No.15)

13.

Offender being armed Any person who is unlawfully concerned in the storage, custody, movement, carriage or concealment of the drug popularly known as cocaine, LSD, heroine, or any other similar drug and who, while so concerned, is armed with any offensive weapon or is disguised in any way, shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for life. (1992 No.15)

14.

Conspiracy, etc. Any person who a. Incites, promises or induces any other person by any means whatsoever to commit any of the offences referred to in this Act: or b. Conspires with, aids, abets, counsels, attempts to commit or is an accessory to any act or offence referred to in this Act. Shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not less than fifteen years and not exceeding 25 years. (1992 No.15)

15.

Unlawful Assumption of Character of officer of the Agency Any person who, with intent to deceive, unlawfully assumes the name, character, or designation of an officer of the Agency shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not exceeding ten years.

16.

Tampering with drug Any person who unlawfully removes, conceals, destroys or in any way tampers with the drug popularly known as cocaine, LSD, heroine or any other similar drug seized from any person or otherwise in the possession of the Agency or any authorized person shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not exceeding 25 years. (1992 No.15)

17.

Escape or Permitting Escape Any person who a. b. Being in lawful custody, escapes or Aids any person in lawful custody to escape

Shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not exceeding seven years. (1992 No.15)

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18. Preventing a Person from Attending as a Witness Any person who willfully prevents or attempts to prevent any person who has been duly summoned to attend as a witness before the Federal High Court from attending as a witness, or from producing anything in evidence pursuant to the subpoena or summons served on him shall be guilty of an offence under this Act and liable conviction to be sentenced to imprisonment for a term not exceeding seven years (1992 No.15) 19. Unlawful possession Cocaine, etc. Any person who, without lawful authority, knowingly possesses the drugs popularly known as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not less than fifteen years and not exceeding 25 year (1992 No.15) 20. Offences in Relation to Drug Abuse and Penalties 1. Any person who, without lawful authority (the proof of which shall lie on him) commits any of the following offences, that is to say a. Engages in the production, manufacture, extraction preparation, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transportation, importation or exportation of any narcotic drug or any psychotropic substance contrary to the provisions of the 1961 Convention and its Protocols, or the 1971 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic substances 1989. b. Engages in the cultivation of opium, poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs contrary to the 1961 convention. c. Has in his possession or engages or purchases any narcotic drug or psychotropic substance for the purpose of any of the activities enumerated in paragraphs (a) of this subsection. d. Engages in the acquisition, possession or use of property knowing at the time of acquisition, possession or use that such property was derived from any offence referred to in this section (Second Schedule) e. Engages in the possession of equipment or material or substance listed in the second schedule of this Act knowing that such equipment, materials or sub-stance are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances. f. Engages in the manufacture, transportation or distribution of equipment, materials or of any substance listed in the Second Schedule to this Act knowing that such equipment, material or substance are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances; (Second Schedule)

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g. Engages in the management, organization or financing of any of the offences under paragraphs (a) to (f) of this subsection h. Engages in the conversion or transfer to property knowing that such property is derived from any offence under this subsection i. Engages in the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to or ownership of property knowing that such property is derived from any offence referred to in this section shall be guilty of an offence under this Act and subject to the provisions of subsection (3) of this section, be liable on conviction to the penalties provided in subsection (2) of this section. 2. a. The penalties for offences under subsection (1) of this section shall In respect of an offence under paragraphs (a), (b), (d), (e), (f), and (h), be imprisonment for life b. In respect of offences under paragraphs (c), (g) and (i) be imprisonment for a term not less than fifteen years and not exceeding 25 years.

3.

The Federal High Court before whom an accused in being convict may in addition to the punishment prescribed in subsection (2) of this section, make an order requirement an offender to undergo measures such as treatment, education, aftercare, rehabilitation or social reintegration.

4.

Notwithstanding subsections (2) and (3) of this section, the Federal High court before whom a minor is being convicted may, in an appropriate case, make an order as the circumstances may determine. a. b. Either as an alternative to conviction or punishment: or For treatment, education, aftercare, rehabilitation, social integration of the offender

21.

What constitutes exportation, etc. (1) .A person shall be deemed to have exported a narcotic drug or psychotropic substance under this Act. If he brings to or deposits the narcotic drug or psychotropic substance

concerned at any time at any customs area, customs station. Customs airports customs station, customs airports customs port or any other customs point generally. 2. a. b. A person shall be deemed to commit an offence under this Act if; He actually does the act which constitutes the offence; or He does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; or c. d. e. He aids another person in committing the offence; or He counsels or procures any other person in committing the offence; or He counsels or procures any other person to commit the offence in which case he may himself be charged with committing the offence or with counseling or procuring the commission of the offence.

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3. Any person convicted of an offence under this Act. Shall be liable to the same

punishment as is prescribed under this Act for the commission of the offence. 22. Offence, of Exportation of Narcotic Drugs etc. 1. Any person whose journey originates from Nigeria without being detected of carrying prohibited narcotic drugs or psychotropic substances, but is found to have imported such prohibited narcotic drugs or psychotropic substances in to a foreign country, notwithstanding that such a person has been tried or convicted for any offence of unlawful importation or possession of such narcotic drugs or psychotropic substances in that foreign country. Shall be guilty of an offence of exportation of narcotic drugs or psychotropic substances from Nigeria under this subsection (1990 No.33, 1992 No.15) 2. Any Nigerian Citizen found guilty in any foreign country of an offence involving narcotic drugs or psychotropic substances and who thereby brings the name of Nigeria into disrepute shall be guilty of an offence under this Subsection (1990 No. 33) 3. Any person convicted of an offence under subsection (1) or (2) of this section shall be liable to imprisonment for a term of five years without an option of a fine and his assets and properties shall be liable to forfeiture as provided under this Act. (1990 No.33) 23. 1. Attempts Where a person is charged with any of the offences under this Act and the evidence establishes an attempt to commit that offence, he may be convicted of having attempted to commit that offence although the attempt is not separately charged and such person shall be punished as prescribed for the offence under this Act. 2. Where a person is charged with an attempt to commit an offence under this Act, but the evidence establishes the commission of the full offence, the offender shall not be entitled to acquittal but shall be convicted of the offence and punished as provided under this Act.

24. 1.

Offences by Bodies Corporate Where an offence under this Act which has been committed by a body corporate is proved to have been committed on the instigation or with the connivance of or attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate, where practicable, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

2.

Where a body corporate is convicted of an offence under this Act, the Federal Higher Court may order that the body corporate shall thereupon and without any further assurance, but for such order, be wound up and all its assets and properties forfeited to the Federal Government.

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25. 1. Commercial Carrier It shall be the duty of every commercial carrier to take reasonable precaution to: a. Ensure that its means of transport are not used in the commission of offences under this Act. b. Comply with appropriate security measures at points of entry and exit in the Federal Republic of Nigeria and other customs control areas, to prevent unauthorized cargo in its means of transportation.

2. a. b. c. d. e.

Such precautions as are referred to in subsection (1) of this section shall include: The training of personnel to identify suspicious consignment or persons, Promotion of integrity of their personnel Submission of cargo manifests in advance Use of tamper-resistant, individually verifiable seals on containers Reporting to the Agency at the earliest opportunity all suspicious circumstances relating to drug trafficking.

3.

Any commercial carrier which violates the provisions of subsection (1) of this section shall, in addition to any other penalty provided in any other Act or enactment, be guilty of an offence.

4.

Where an offence under subsection, (3) of this section is committed by a body corporate, every person, who at the time of the commission of the offence was a proprietor, director, general manager, secretary or other similar officer, servant or agent of the body corporate (or a person purporting to act in any such capacity) he, as well as the body corporate, shall be deemed to be guilty of the offence and may be proceeded against and liable on conviction to a fine not exceeding N100,000.00

26.

Jurisdiction, etc 1. The Federal High Court shall have exclusive jurisdiction to try offenders under this Act (1999 No.62) 2. The Federal High Court shall have power to impose the penalties provided for in this Act. (1999 No.62) 3. In any trial for an offence under this Act, 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 source 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. (1999 N0.62)

27.

Forfeiture after conviction in certain cases

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1. Any person convicted of an offence under this Act shall forfeit to the Federal Government

a.

All the assets and properties which may or are the subject of an interim order of the Federal High Court after an attachment by the Agency as specific in section 34 of this Act:

(b).

Any asset or property constituted or derived from, any proceeds the person obtained directly or indirectly, as a result of such offence not already disclosed in the Assets Declaration Form or not falling under paragraph (a) of this subsection;

(c.)

Any of the person’ property or instrumentalities used in any manner to commit or to facilitate the commission of such offence not already disclosed in the assets Declaration form or not falling under paragraph (a) of this subsection

2.

The Federal High Court in imposing sentence on such person, shall order, in addition

to any other sentence imposed pursuant to section 11 of this Act, that the person forfeit to the Federal Government all property described in subsection(1) of this section 3. In this section, “proceeds” means any property derived or obtained, directly or

indirectly, through the commission of the offence

28.

Forfeited Property

For the avoidance of doubt and without any further assurance than this Act, all the properties of a person convicted of an offence under this Act and already the subject of an interim order shall be forfeited to the Federal Government.

29. 1.

Foreign Assets Where it is established that any convicted person has assets or properties in a foreign country, such assets or properties, subject to any treaty or arrangement with such foreign country, shall be forfeited to the Federal Government.

2.

The Agency shall, through the office of the Attorney-General of the Federation, ensure that the forfeited assets or properties are effectively transferred and vested in the Federal Government.

30.

Forfeiture of Passports

The passport of any person convicted of an offence involving the illegal importation or exportation of any narcotic drug or psychotropic substance shall be forfeited to the Federal Government and shall not be returned to that person unless or until the President directs other wise after the grant of a pardon or on the exercise of the prerogative of mercy under the constitution of the Federal Republic of Nigeria, as amended 3.1 Property Subject to Forfeiture

The following property is subject to forfeiture to the Federal Government and no other proprietary right shall exist in them.

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a. Any property, real or personal, which represents the gross receipts a person obtains directly as a result of the violation of this Act or which is traceable to such gross receipts. b. Any property within Nigeria which represents the proceeds of an offence under the laws of a foreign country involving the manufacture, importation, sale, distribution, illicit traffic, abuse or misuse of any narcotic drug or psychotropic substance within whose jurisdiction such offence or activity would be punishable by imprisonment for a term exceeding one year and which would be punishable by imprisonment under this Act if such act or activity had occurred within Nigeria. 3.2 Further Provision as to Forfeiture of Property

Without prejudice to the provisions of any other law permitting the forfeiture of property, the following shall also be subject to forfeiture under this Act and no proprietary right shall exist in them. a. All narcotic drugs or psychotropic substances which have been manufactured, distributed, dispensed or acquired in any manner in violation of this Act. b. All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any narcotic drug or psychotropic substance; c. All instrumentalities of conveyance, including aircraft, vehicles, or vessels which are used or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession or concealment of substances described in paragraph (a) or (b) of this section, except that: i. No means of conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under this section unless it shall appear that the owner or other person in charge of such means of conveyance was a consenting party or privy to a violation of this Act. ii. No means of conveyance shall be forfeited under this section by reason of any act established by the owner thereof to have been committed by any person other than such owner while such means of conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of Nigeria or any part thereof and; iii. No means of conveyance shall be forfeited under this section to the extent of an interest of an owner. By reason of any act established of that owner to have been committed without the knowledge, consent or willful connivance of that owner; d. All books, records and research, including formulae, microfilms, tapes and data used or intended to be used in violation of any provision of this Act. e. All monies, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for any narcotic drug or psychotropic substance in violation of this Act or all proceeds traceable to such an exchange, and all monies, negotiable instruments and securities used or intended to be used to facilitate any violation of this Act; f. All real property, including any right, title and interest (including any leasehold interest)in the whole or any piece or parcel or parcel of land and any improvements or appurtenances which

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Cap. N30 _________________________________________________________________ National Drug Law Enforcement Agency Act is used or intended to be used, in any manner or part to commit, or facilitate the commission of an offence under this Act. 33. 1. Seizure of Property Any property subject to forfeiture under this Act may be seized by the Agency in the following circumstances: a. b If the seize is incidental to an arrest or search: In the case of property liable to forfeiture upon process issued by the Federal High Court following an application made by the Agency in accordance with the prescribed rules.

2.

Whenever property is seized under any of the provisions of this Act, the Agency may: a. b. Place the property under seal or Remove the property to a place designated by the Agency

3.

Property taken or detained under this section shall deemed to be in the custody of the Agency, subject only to orders of the Federal High Court.

PART III Forfeiture of assets of persons arrested for offices under this Act.

3.4

Investigation of assets and properties of persons arrested for an offence under this Act.

Where a person is arrested for an offence under this Act, the Agency shall immediately trace and attach all the assets and properties of the person and shall thereafter cause to be obtained an interim attachment order by the Federal High Court.

35. 1.

Disclosure of Assets and Properties by an arrested person, etc. Where a person is arrested for committing an offence under this Act, it shall be obligatory for such person to make a full disclosure of all his assets and properties by completing the Declaration of Assets Form contained in the third schedule to this Act.

2.

The Declaration of Asset Form shall be forwarded to the Agency for full investigation by the general and assets investigation unit of the Agency

3.

Any person who; a. b. c. d. Knowingly fails to make full disclosure of his assets and liabilities or Knowingly makes a declaration that is false; or Fails to answer any question; or Fails, neglects or refuses to make a declaration or furnish any information required in the Assets Declaration Forms Shall be guilty of an offence under this Act and liable on conviction to imprisonment for a term of ten years.

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4. Subject to the provisions of section 33 of this Act. Whenever the assets and properties of any person arrested under this Act have been attached, the general and assets investigation unit shall apply to the Federal High Court for an interim forfeiture order under the provisions of this Act.

36. Where; a.

Interim Forfeiture Order

The assets or properties of any person arrested for an offence under the Act have been seized; or

b.

Any asset or property has been seized by the Agency under this Act.

The Agency shall cause an application to be made to the Federal High Court for an interim order forfeiting the property concerned to the Federal Government and the Federal High Court shall, if satisfied that there is prima facie evidence that the property concerned is liable to forfeiture, make an interim order forfeiting the property to the Federal Government.

3.7

Final Order

Where an arrested person is convicted of an offence under this Act, the Agency, or any authorized officer, shall apply to the Federal High Court for a final order of confiscation and forfeiture of the convicted person’s assets and properties already subject to an interim order under this Act.

38. 1. 2.

Final Disposal of Forfeited Property A copy of every final order forfeiting the asset and property shall be forwarded to the Agency. Upon receipt of a final order pursuant to this section, the secretary to the agency shall take steps to dispose of the property concerned by sale or otherwise and where the property is sold, the proceeds thereof shall be paid into the consolidated Revenue Fund of the Federation.

3.

Where any part of the property included in a final order is money in a bank account or in the possession of any person, the agency shall cause a copy of the order to produced and served on the manager or any person in control of the head office or branch of the bank concerned and the manager or person shall forthwith pay over the money to the Agency without further assurance that this Act and the Agency shall pay the money received into the consolidated Revenue Fun of the Federation.

4.

The Attorney-General of the Federation may make rules or regulation for the disposal or sale of any property or assets forfeited pursuant to this Act.

39. 1.

Offences in relation to forfeiture orders Any person, who without due authorization by the Agency, deals with, sells or otherwise disposes of any property or asset which is the subject of an attachment, interim order or final

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Cap. N30 _________________________________________________________________ National Drug Law Enforcement Agency Act order shall be guilty of an offence and liable on conviction to imprisonment for a term of five years without the option of a fine. 2. Any manager or person in control of the head office or branch of a bank who fails to pay over to the Agency upon the production to him of a final order shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term of not less than one year and not more than three years, without the option of a fine.

40.

Consequence of an acquittal in respect of assets and properties 1. Where a person is discharged or acquitted by a Federal High Court of an offence

under this Act, 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 Act, whichever order is considered just, appropriate or reasonable within this Act: Provided that the property may still be attached where a discharge is merely given for a period of thirty days. (1999 No.62) Where an interim order is revoked by a Federal High Court under subsection (1) of this section, all assets and properties of the person concerned shall be released to him by the Agency. 41. 1. Power to Search, Seize and Arrest For the purpose of this Act; a. Any police officer or customs officer; or (1992 No.62)

b.

Any officer of the Agency involved in the enforcement of the provisions of this Act: (1992 No.15) i. May, without warrant, enter and search any land, building or carrier, including aircraft, vehicle or container or any other instrumentalities whatsoever which he has reason to believe is connected with the commission of an offence under this Act. ii. May perform, test and take samples of any substances relating to the commission of an offence which are found on the land, building or carrier, including aircraft, vehicle, container or any other instrumentalities whatsoever searched pursuant to paragraph (a) of this subsection; iii. Arrest any person whom he has reason to believe has committed an offence under this Act; iv. Seize any item or substance which he has reason to believe has been used in the commission of an offence under this Act.

2.

A written receipt of the Agency shall be given for any item, substance or thing seized under subsection (1) of this section.

4.2

Freezing Order on Banks

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1. Notwithstanding anything contained in any other Act or enactment, where any person is arrested under this Act, chairman of the Agency may, if he is satisfied that the money in the account of an arrested person is made through illegal dealing in trafficking in narcotic drugs or psychotropic substances, issue, or instruct a bank examiner to issue, an order addressed to the manager of the bank where the account is or is believed by him to be or the head office or the bank. (1992 No.15)

2.

The chairman of the Agency or bank examiner may by an order issued under

subsection (1) of this section, or by any subsequent order, direct the bank to supply any information and produce books and documents relating to the account and to stop all outward payments, operations or transactions (including any bill of exchange) in respect of the account of the arrested person

3.

Any order under subsection(1) of this section, shall not be issued or made without

prior written approval of the Attorney-General of the Federation and shall be in the form prescribed in the Fourth Schedule of this Act. (Fourth Schedule) 4. The manager shall take necessary steps to comply with the requirements of this order

made pursuant to subsection (2) of this section 5. (a) In this section; “Bank” has the meaning given to it in section 66 of the Banks and Other Financial Institutions Act. (Cap. B3) (b) The reference to an order issued includes a reference to any order, direction or requirement addressed to the manager of a bank or any other officer of a bank which directs or purports to stop all outward payments, operations or transactions in respect of any account with that bank.

43

Application of Act to Certain Persons

The Agency may seek the authority of the President to conduct investigation on any person whose lifestyle appears to the Agency to be beyond his source of income and the provisions of the Act, including declaration of assets and forfeiture of assets and properties, shall apply to such person as if he were a person committing an offence under this Act.

PART IV 44 Application of certain enactments 1. The offences under Part II of this Act shall, for the purposes of the Extradition Act, as amended, be regarded as extraditable offences under that Act. (Cap. E25)

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2. The President may by order published in the Federal Gazette extend the provisions of; a. The Transfer of convicted offenders (Enactment and Enforcement) Act; and (Cap. T16) b. the Mutual Assistance in Criminal Matters within the Commonwealth (Enactment and Enforcement) Act (Cap M24)

to apply to any country outside the commonwealth and accordingly, the provisions of the enactments mentioned in paragraphs (a) and (b) of this subsection shall have effect in their application to this Act. 45. 1. Information to be supplied by Nigerian diplomatic mission Every head of any Nigerian diplomatic mission abroad shall, at least once in every six months, forward to the Agency information and documents about Nigerians convicted and sentenced for drug offences in their country of accreditation 2. The information and documents referred to in subsection (1) of this section are as follows: a. b. c. d. The name, date and place of birth of the convicted offender The address (if any) of the convicted offender A certified copy of the judgment A statement of the facts upon which the conviction and sentence were based if not contained in the judgment. e. f. The nature, duration and date of the commencement of the sentence; Whenever appropriate, any medical or social reports on the convicted offender and any information concerning his medical treatment in the sentencing country and any recommendation for his further treatment. g. Identities and whereabouts of persons suspected of being involved with the convicted offender h. Information about the proceeds of property derived from the commission of such offence.

PART V Miscellaneous and Supplemental Provisions 46 1. FUND The Agency shall establish and maintain a fund from which shall be defrayed all expenditure reasonably incurred by the Agency for the execution of its functions under this Act. 2. There shall be paid and credited to the fund established pursuant to subsection (1) of this section, such monies as may in each year be approved by the Federal Government for the purpose of the Agency.

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3. The Agency may accept gifts of land, money or other property (whetherr within or outside Nigeria) upon such terms and conditions, if any, as may be specified by the person or organization making the gift.

Provided that the terms and conditions are not contrary to the objectives and functions of the Agency under this Act.

47.

Accounts and Audit

The Agency shall keep proper accounts in a form which conforms with accepted commercial standards of its receipts, payments, assets and liabilities and shall submit the accounts annually for auditing by a qualified auditors and in accordance with the guidelines supplied by the Auditor – General for the Federation.

48.

Annual Report

The Agency shall, not later than 30 September in each year, submit to the President a report of it activities during the immediately preceding year and shall include in such report the audited accounts of the Agency.

49.

Obstruction of the Agency or Authorized Officers

Any person who; a. Willfully obstructs the Agency or any authorized officer of the Agency in the exercise of any of the powers conferred on the Agency by this Act; or b. Fails to comply with any lawful enquiry or requirements made by any authorized officer in accordance with the provisions of this Act.

Shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine of N20,000 or to both such imprisonment and fine.

50.

Regulations

The Attorney – General of the Federation may make rules or regulations with respect to the exercise of any of the duties, functions or powers of the Agency under this Act.

51.

Repeal

Subsection (15) of section 3 of the Miscellaneous Offences Act, is hereby repeals and consequentially, all the provisions of any amending Act relative to the aforesaid paragraph are hereby repealed. (Cap. M17, 1992 no.15) 52. Interpretation

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Cap. N30 _________________________________________________________________ National Drug Law Enforcement Agency Act
In this Act, unless the context otherwise requires: “Agency” means the National Drug Law Enforcement Agency established by Section 1 of this Act. “Cannabis plant” means any plant of the genus of Cannabii; “Coca bush: means the plant or any species of the genus of Erythrolos; “Commercial carrier” means any person or any public, private or other entity engaged in transporting persons, goods or mails for remuneration, hire or any other benefit; “Confiscation” includes forfeiture or the permanent deprivation of property by order of a Federal High Court. “Freezing” or “Seizure” means temporarily prohibiting the transfer, conversion, disposal or movement of property, asset or money or temporarily assuming custody or control of them on the basis of attachment by the Agency;

“Narcotic Drug” means any of the substances, natural or synthetic in the First schedule of the single convention of Narcotic Drug 1961 and the Convention as amended by the 1972 protocol amending the single convention on Narcotic Drugs, as amended in the second schedule to this Act including the United Nations convention Against illicit Traffic in Narcotic Drugs and Psychotropic Substance 1989; (Second Schedule)

“Opium poppy” means the plant of the species of Papaver somniferum;

“Psychotropic Substances” means any substances, natural or synthetic, or any natural materials specified in Schedules I, II, III and IV of the convention on Drugs or Psychotropic Substance 1971.

5.3

Short Title

This Act may be cited as the National Drug Law Enforcement Agency Act. _____________________________________ SCHEDULES FIRST SCHEDULE [Section 2 (4).] Supplementary provisions relating to the Agency Proceeding of the Agency 1. Subject to this Act and section 27 of the Interpretation Act (which provides for decisions of a statutory body to be taken by a minority of its members and of the chairman to have a second or casting vote), the Agency may make standing orders regulating the proceedings of the Agency and any committee thereof. [Cap. 123] 2. Every meeting of the Agency shall be presided over by the chairman or if the chairman is unable to attend a particular meeting, the members present at the meeting shall elect one of their numbers to preside at that meeting.

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3. The quorum at a meeting of the Agency shall consist of the chairman (or in an appropriate case, the person presiding at the meeting pursuant to paragraph 2 of this schedule) and six other members.

4.

Where upon any special occasion, the Agency desires to obtain the advice of any person on any particular matter, the Agency may co-opt that person to be member for as many meetings as may be necessary, and that person while so co-opted shall have all the rights and privileges of a members, except that he shall not be entitled to vote or count towards a quorum.

FIRST SCHEDULE – continued Committees 5. (1) Subject to its standing orders, the Agency may appoint such number of standing and ad-hoc committees as thinks fit to consider and report on any matter with which the Agency is concerned. 2. Every committee appointed under the provisions of sub-paragraph (1) of this paragraph, shall be presided over by a member of the Agency and shall be made up of such number of persons, not necessarily members of the Agency, as the Agency may determine in each case. 6. The decision of a committee shall be of no effect until it is confirmed by the Agency. Miscellaneous 7. The fixing of the seal of the Agency shall be authenticated by the signature of the chairman and of the secretary of the Agency or such other member authorized generally or specially by the Agency to act for that purpose. 8. Any contract or instrument which, if made by a person not being a body corporate, would not be required to be under seal, may be made or executed or behalf of the Agency by the chairman or by the Agency to act for that purpose. 9. Any document purporting to be a contract, instrument or other document signed or sealed on behalf of the Agency by the chairman or by any other person generally or specifically authorized by the Agency to act for that purpose. . 10. The validity of any proceedings of the Agency or a committee thereof shall not be adversely affected. (a). (b) (c). By any vacancy in the membership of the Agency; or By any defect in the appointment of a member of the Agency or committee; or By reason that a person not entitled to do so took part in the proceedings.

11.

Any member of the Agency or a committee thereof who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Agency or committee shall forthwith disclose his interest to the Agency or committee and shall not vote on any question relating to the contract or arrangement. ________________________________ SECOND SCHEDULE

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[(sections 3 (p) (iii), and 11(1) (e) and (f)] (1992 No.15) Table I Ephedrine Ergometrine Ergotamine Hysergic Acid Phenylacetic acid Table II Accetic Anbydride Acetone Anitranlic Acid Ethyl ether Piperidine

SECOND SCHEDULE – CONTINUED TABLE 1 TABLE II

1-pheny 1-2 propone pseudoephedrine: The salts of the substance listed in this table whenever the existence of such salts is possible

The salts of the substances listed in this table whenever the existence of such salts is possible. ________________________________ THIRD SCHEDULE (SECTION 35) CONFIDENTIAL FORM D ASSETS DECLARATION FORM To Be Completed in TRIPLICATE AND IN BLOCK LETTERS or Typed All available information should be included Important – It is an offence punishable by ten years imprisonment under the Act to; A. (i) (ii) (iii) (iv) Knowingly fail to make full disclosure of your assets and liabilities: Knowingly make a declaration that is false Fail to answer any question contained in this forms; fail neglect or refuse to make a declaration or furnish any information required

B.

i.

Each item is to be completed. If it does not apply, the person affected must write “nil” to in the space. Where necessary an extra sheet or sheets may be used and attached to this form by the person affected

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Cap. N30 _________________________________________________________________ National Drug Law Enforcement Agency Act ii. to the secretary of the National Drug Law Enforcement Agency I……………………………………………………………………….., being accused of an offence under the National Drugs Law Enforcement Agency Act to declare my assets hereby declare as follows.

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Cap. N30 _________________________________________________________________ National Drug Law Enforcement Agency Act
Third schedule – continue SURNAME NATIONAL

If dead state date of death

Local government

Present address

1.. Declaring 2. Spouse if Married State Date And Place

3. Father 4. Mother 5. Brother (i) (ii) (iii)

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Home Address

State of origin

(b) At birth if different

Place of birth

Other names

Date of birth

(b) At birth

Occupation

(a) Now

(a) Now

Cap. N30 _________________________________________________________________ National Drug Law Enforcement Agency Act
Third schedule – continue SURNAME NATIONAL

If dead state date of death

Local government

Present address

6. Sister (i) (ii) (iii) 7. Children (i) (ii) (iii) 8. Dependent Relatives, Uncle, Aunt Next of Kin

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Home Address

State of origin

(b) At birth if different

Place of birth

Other names

Date of birth

(b) At birth

Occupation

(a) Now

(a) Now

Cap. N30 _________________________________________________________________ National Drug Law Enforcement Agency Act CAP N30
Third schedule – continue

(Issue 1) N30 - 26

NAME IN FULL 9. Association Persons (i) (ii) (iii) 10. Aliens (a) State Alien Registration (b) If naturalized, StateCertificate No.

ADDRESS

OCCUPATION

NATIONALITY

National Drug Enforcement Agency Act

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11. Schools attended with date: Primary School ……………………………………………………………………… Post Primary School ………………………………………………………………… Or Secondary………………………………………………………………………………. University, etc ……………………………………………………………………….. Qualifications obtained ……………………………………………………………… N 12. Amount held in own account ………………………………………………. (i) (ii) (iii) 13. Cash in hand………………………………………………………… Cash in bank………………………………………………………… Outside Nigeria (Countries /Bank to be named)……………………. K

Amount held on behalf of or as trustee for any person other than your wife / Husband……………………………………………………………………… (i) (ii) (iii) Cash in hand………………………………………………………… Cash in bank………………………………………………………… Outside Nigeria (Countries /Banks to be named)…………………….

14. 15. 16.

Loans or advances made ……………………………………………….. Loans or advances receive ……………………………………………… Amount held on behalf of or as trustee of wife / husband………………. (i) (ii) (iii) Cash in hand………………………………………………………… Cash in bank………………………………………………………… Outside Nigeria (Countries /Bank to be named)…………………….

17.

Wife’s/husband’s / Children’s account held (beneficial or otherwise) (i) (ii) (iii) Cash in hand………………………………………………………… Cash in bank………………………………………………………… Outside Nigeria (Countries /Bank to be named)…………………….

18.

Government securities, including premium bonds and other interests held in companies, firms or partnerships (giving names of companies, firms and partnership) (a) (b) (c) By you (here state the bonds, etc.)……………………………………….. By wife (wives) / husband’ (here state the bonds etc.)…………………… By children (here state the bonds etc.)…………………………………..

__________________________________ *Delete whichever is not applicable

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N 19. Property in Nigeria in which you are interested, giving date when acquired (i) (ii) (iii) 20. Land ………………………………………………………………. Buildings ………………………………………………………….. Other property, (if any)…………………………………………… K

Property outside Nigeria in which you are interested, giving date when acquired; (i) (ii) (iii) Land ………………………………………………………………. Buildings ………………………………………………………….. Other property, (if any)……………………………………………

21.

Property outside Nigeria in which any wife/husband* is interested, giving date when acquire; (i) (ii) (iii) Land ………………………………………………………………. Buildings ………………………………………………………….. Other property, (if any)……………………………………………

22.

Property outside Nigeria in which any wife / husband* is interested, giving date when acquired; (i) (ii) (iii) Land ………………………………………………………………. Buildings ………………………………………………………….. Other property, (if any)……………………………………………

23.

Property in Nigeria in which any child of your is interested, giving date when acquired; (i) (ii) (iii) Land ………………………………………………………………. Buildings ………………………………………………………….. Other property, (if any)……………………………………………

24.

Property outside Nigeria in which any child of yours is interested, giving date when acquire; (i) (ii) (iii) Land ………………………………………………………………. Buildings ………………………………………………………….. Other property, (if any)……………………………………………

25. 26.

Names of other dependent Relatives……………………………………… Estate in which you are interested as trustee or beneficially interested. (Name of Deceased or Trustee)………………………………………………

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N 27. Property held by any person on your behalf (in or outside Nigeria); (i) (ii) (iii) (iv) (v) Cash in hand……………………………………………………. Cash in bank…………………………………………………….. Land…………………………………………………………….. Building ………………………………………………………… Other Property …………………………………………………. K

If outside Nigeria, insert name of countries and banks…………………. …………………………………………………………………………. …………………………………. Signature of Accused Person _____________________________ FOURTH SCHEDULE [Section 33 (3) ] FORM Freezing Order (This form may be amended according to circumstance) To the manager ……………………………………………………………………………….... (Here insert name and branch of bank ) 1. Under the authority conferred on me by section 42 of the National Drug Law Enforcement Agency Act, you are hereby ordered; a. To supply the following information relating to the under-mentioned account, that is to say;………………………………………………………………………………. (Here set out briefly the information required in respect of named account)

b.

To produce the books and documents relating to the under-mentioned account, that is to say:……………………………………………………………………………….. (Here set out the books and documents to be produced in respect of the named account) ……………………………………………………………………………………. (Here indicate the account)

2.

This order shall cease to have effect after the ……………………… day of …………….. 20……………………………………………..unless sooner revoked by the President. Date at …………….………. This……………..day of ………… 20…………………….. ………………………………………….. Chairman / Bank Examiner

_____________________________________

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CHAPTER N30 NATIONAL DRUG LAW ENFORCEMENT AGENCY ACT

SUBSIDIARY LEGISLATION __________________________________

List of subsidiary legislation 1. National Drug Law Enforcement Agency (Disposal of Forfeited Assets and Properties) Regulations.

NATIONAL DRUG LAW ENFORCEMENT AGENCY (DISPOSAL OF FORFEITED ASSETS AND PROPERTIES) REGULATIONS.
ARRANGEMENT OF REGULATIONS

REGULATION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Disposal of forfeited assets and properties Enrolment of order of forfeiture Where forfeiture order is appealed against Order of forfeiture to be pasted by Agency Public auction of forfeited assets or property Panel to organize public auction Panel to recommend auctioneers to conduct auction Chairman to appoint auctioneers Buyer to pay with three days of auction Proceeds of sale to be paid into the Consolidated Revenue Fund. Remuneration of auctioneer on sale Where properties subject to forfeiture are perishable Interpretation Citation

____________________________

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NATIONAL DRUG LAW ENFORCEMENT AGENCY (DISPOSAL OF FORFEITED ASSETS AND PROPERTIES) REGULATIONS. (S.I. 10 of 1998) Under section 29 (4) (1st December, 1998) (Commencement) 1. Disposal of Forfeited Assets and Properties. The National Drug Law Enforcement Agency (in these Regulations referred to as “the Agency”) shall not dispose of any forfeited assets or properties unless an enrolled final order of the Court of Competent jurisdiction is received by the Agency.

2.

Enrolment of order of Forfeiture Every final order of forfeiture of assets and properties shall be enroll by the Tribunal or Court competent jurisdiction before it is forwarded to the Agency.

3.

Where Forfeiture Order is appealed against; 1. Where a person whose assets and properties have been ordered for forfeiture appeals to the Appeal Tribunal against the order of forfeiture, the Tribunal shall not forward the enrolled order to the agency 2. The Tribunal shall forward the enrolment of order to the Agency after the appeal has been determined and the order to forfeiture is upheld or confirmed by the Appeal Tribunal.

4.

Order of Forfeiture to be Pasted by Agency The Agency, on receipt of the enrolment of order shall exhibit or paste the order on the assets or properties forfeited.

5.

Public Auction of Forfeited Assets or Property The Agency shall dispose of all forfeited assets and properties by public auction through licensed auctioneers.

6.

Panel to Organize Public Auction The chairman shall appoint a panel comprising three persons of unquestionable character, to organize the public auction of all forfeited assets and properties.

7.

Panel to Recommend Auctioneers to Conduct Auction 1. The panel shall by advertisement in at least three national daily newspapers invite interested government-licensed auctioneers to apply to conduct the public auction of the forfeited assets and properties.

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2. The panel shall, from the list of auctioneers who responded to the advertisement recommend to the chairman three auctioneers for each auction.

8.

Chairman to Appoint Auctioneers The chairman shall, from the list of licensed auctioneers recommended by the panel, appoint one or more auctioneers for each auction.

9.

Buyer to pay within three days of Auction 1. The buyer of any forfeited assets or properties auctioned at the public auction shall within three days of the auction pay the auction price of for the assets or properties. 2. If the buyer fails to pay the auction price within two weeks after the auction he shall be deemed to have withdrawn his offer and another auction shall be conducted by the auctioneer

10.

Proceeds of Sale to be paid into the Consolidated Revenue Fund At the conclusion of the sale of any forfeited assets or properties by the auctioneers, the Agency shall pay all the proceeds from the sale into the Consolidated Revenue Fund of the Federation.

11.

Remuneration of Auctioneers on Sale The remuneration of the auctioneer for selling the forfeited assets or properties shall be 3 percent of the proceeds of the sale.

12.

Where Properties Subject to Forfeiture are Perishable 1. If the properties subject to forfeiture are perishable, the Agency shall apply to the Tribunal for an interim order forfeiting the properties to the Federal Government and the Tribunal shall, if satisfied that there is prima facie evidence that the properties concerned are liable to forfeiture, make an interim order forfeiting the properties to the Federal Government notwithstanding that the proceedings against the owner has not been completed.

2.

Following the interim order of forfeiture, the Agency shall dispose of the perishable properties by immediate sale and the proceeds of the sale shall be paid into a special account of the Agency.

3.

Upon the determination of the proceedings against the owner of the perishable properties, where the owner is adjudged not guilty and acquitted, the Tribunal shall make an order directing the Agency to refund the proceeds to the sale of the perishable properties to the owner.

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4. Where the owner of the perishable properties disposed of is convicted of the offence, the Agency shall withdraw the proceeds from the special account of the Agency into which it was paid and within a period of not more than three days from the date of withdrawal, cause the money to be paid into the Consolidated Revenue Fund of the Federation.

13.

Interpretation In these Regulation, unless the context otherwise requires; “Agency” means the National Drug Law Enforcement Agency Established by section 1 of the

National Drug Law Enforcement Agency Act. “Appeal Tribunal” Means the Special Appeal Tribunal Established under the Recovery of Public Property (Special Military Tribunals) Act, 1984. [1984, No.3] ”Chairman” Means the chairman of the Agency. “Tribunal” means the Tribunal established under the Special Tribunal (Miscellaneous Offices) Act 1984. (1984 No.20)

14.

Citation These Regulations may be cited as the National Drug Law Enforcement Agency (Disposal of Forfeited Asset and Properties) Regulations.

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