CROSS RIVER – PUBLIC FUNDS AND PROPERTY RECOVERY COURT LAW
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LAWS OF CROSS RIVER STATE
CHAPTER P15
PUBLIC FUNDS AND PROPERTY RECOVERY COURT LAW
ARRANGEMENT OF SECTIONS
PART I
Establishment of Court
SECTION
- Establishment.
- The presiding Judge of the Court.
PART II
The Registry
- Appointment of Registrar and his duties.
PART III
Jurisdiction and powers
- Jurisdiction.
- General Powers.
PART IV
General Provision as to Trial Procedure
- Institution of proceedings.
- Postponement of hearing.
- Adjournment.
- Practice and procedure.
- Appeal.
PART V
Miscellaneous Provisions
- Enforcement of Decisions.
- Process of Court.
- Representation.
- Offences and penalty.
- Refusal to give evidence.
- Refusal to take Oath.
- Contempt of Court.
- Repeal of Law No. 3 of 1990 as amended.
- Interpretation.
- Short title.
CHAPTER P15
PUBLIC FUNDS AND PROPERTY RECOVERY COURT LAW
A Law to repeal the Public Funds and Property Recovery Tribunal Edict and to make provision for the establishment of the Public Funds and Property Recovery Court and for matters connected therewith.
PART I
Establishment of Court
- Establishment
There is hereby established for the State, a Court to be known as the Public Funds and Property Recovery Court for the purposes of ensuring exclusive and expeditious disposal of cases for the Recovery of Public Funds and Property.
- The presiding Judge of the Court
The Court shall be presided over by a serving Judge of the State High Court who shall be appointed by the Governor on the advice of the State Chief Judge.
PART II
The Registry
- Appointment of Registrar and his duties
(1) There shall be a Registrar of the Court who shall be appointed by the Chief Judge from amongst senior Registrars in the Judiciary.
(2) The Registrar shall—
(a) arrange sittings of the Court;
(b) be in charge of the Registry;
(c) perform such other duties as the presiding Judge may from time to time assign to him.
(3) The Registrar shall be a Commissioner for Oaths, and is in like manner conferred with authority to administer Oaths required under this Law or any other Law.
Other staff of the registry
(4) There shall be other staff to be posted to the Registry by the Chief Judge from amongst staff of the Judiciary.
PART III
Jurisdiction and powers
- Jurisdiction
(1) The Court shall have jurisdiction to hear and determine cases and matters relating to the recovery from the custody of any person, any illegally acquired public funds or property—
(a) arising from any contract in which the Government or any Government Agency is a party;
(b) due to Government or any government agency under any enactment;
(c) in connection with any loan or guarantee granted by the Government or any government agency;
(d) in connection with any loan or guarantee granted by the Government or any other government agency in the Federation where the beneficiary of such loans resides in the State or has any property or business transaction in the State;
(e) where the beneficiary has, by reason of negligence, fraud, misconduct, undue advantage, abuse of office, impropriety or illegality, unjustly enriched himself or any other person;
(f) in connection with any terminated or revoked contract with the Government for the construction of any building, structure or facility or for the supply of any equipment, machinery or goods; or
(g) following an indictment of any person by a Judicial or Administrative Commission of Inquiry established under any existing law, and the recommendation for recovery from that person, to the Government.
(2) The jurisdiction of the Court shall extend to every part of Cross River State.
(3) The Court shall have jurisdiction to try any person, firm, corporate body or partnership charged with any offence under this Law and shall have power to award any of the penalties specified in this Law.
- General Powers
The Court shall have powers to—
(a) receive on Oath any evidence and to examine all such persons as witnesses, as it deems necessary;
(b) summon any person to attend any sitting of the Court and to give evidence or produce any document or other things in his possession and to examine him as witness as the justice of the case may require;
(c) issue a warrant to compel the attendance of any person summoned to attend who fails so to do, and to order such person to pay all costs which may have been occasioned in compelling his attendance or by reason of his refusal to obey such summons;
(d) admit or exclude the public or any member of the public from any sitting of the Court;
(e) admit or exclude the press from any sitting of the Court;
(f) pay any person who has attended any sitting of the Court including any interpreter appointed by the Court, such out-of-pocket expenses as the Court may deem fit;
(g) enter upon any land and building thereon whatsoever for the purpose of obtaining evidence or information required by, or may be required by, or be of assistance to the Court;
(h) authorise any person to trace any outstanding public funds to any investment or account or property for the purpose of recovering such funds;
(i) order payment by instalments of any judgment debt imposed by the Court; and
(j) subject to the terms and conditions as the Court may direct and without prejudice to the Sheriffs and Civil Process Law, to detain any judgment debtor who is in default of payment of debt.
[Cap. S5.]
(2) The sittings of the Court shall be open to the public and the press.
PART IV
General Provision as to Trial Procedure
- Institution of proceedings
(1) Proceedings under this Law shall be instituted by the Attorney-General of the State on behalf of the Government or any Government Agency as the case may be, to recover Public Funds and Property.
(2) Every suit, case or matter brought before the Court shall be summarily and expeditiously heard and determined.
(3) For the purpose of this section “Government Agency” includes any statutory corporation, co-operative society and any other body, whether corporate or unincorporated in which the Government has invested any sum of money, or which is wholly or partly established by the Government.
- Postponement of hearing
The Court may postpone any case or matter or trial when it considers it in the interest of justice so to do.
- Adjournment
(1) Where the Judge before whom any case or matter is to be heard fails to attend on any day appointed, an officer of the Court authorised in that behalf may adjourn the sitting until such time or to such place as the Court may direct and all persons bound to be present shall be present at such time and place.
(2) In the absence of such notification by an authorised officer of the Court, all such parties to the case or matter are bound to be present at the sitting of the Court on the next succeeding working day at the same time and place as the previous sitting.
- Practice and procedure
The rules of procedure to be adopted in Civil cases and matters before the Court shall be in accordance with the rules made by the Chief Judge of the State and until such rules are made, the High Court (Civil Procedure) Rules shall mutatis mutandis apply to the Court.
- Appeal
Appeal against the decision and orders of this Court shall lie to the High Court of the State.
PART V
Miscellaneous Provisions
- Enforcement of Decisions
(1) The Sheriffs and Civil Process Law shall apply for the purposes of the execution of the decisions of the Court.
[Cap. S5.]
(2) For purpose of this section “decision” includes judgment, order and direction of the Court.
- Process of Court
All summons, warrants, orders, judgment, writs of execution and other civil processes issued or taken by or on the authority of the Court in the exercise of its jurisdiction respecting any case or matter shall have full force and effect and may be served or executed anywhere in the State by a bailiff of the High Court or by any member of the Police Force to whom such Civil Summons and other processes are directed.
- Representation
Any person against whom a matter is instituted or who is accused of any offence under this Law may defend himself in person or may be defended by a legal practitioner of his choice who is entitled to practice before any Court in Nigeria.
- Offences and penalty
(1) Any person who threatens, insults and injures any other person for giving evidence, or on account of any person for giving evidence which that other person has given before the Court, is guilty of an offence and liable on summary conviction to imprisonment for 3 months.
(2) Any person who hinders or attempts to hinder any other person from giving evidence before the Court or by threats, deters or attempts to deter any other person from giving such evidence, is guilty of an offence and liable on summary conviction to imprisonment for 3 months.
- Refusal to give evidence
Any person who, being summoned to attend as a witness or to produce any book, document or any other thing, refuses or neglects so to do or to answer any question put to him by or with the concurrence of the Court is guilty of an offence and liable on summary conviction to a fine of ₦1,000.00 or imprisonment for 1 year or to both such fine and imprisonment.
- Refusal to take Oath
Any person who, being in attendance as a witness, refuses to take an Oath legally required by the Court to be taken or to produce any document in his power or control, legally required by the Court to be produced by him or to answer any question to which the Court may legally require an answer, is guilty of an offence and liable on summary conviction to a fine of ₦1,000.00 or imprisonment for 1 year or to both such fine and imprisonment.
- Contempt of Court
Any person who commits an act of contempt of the Court whether the act is or is not committed in the face of the Court is guilty of an offence and liable on summary conviction to a fine of ₦1,000.00 or imprisonment for 3 months.
- Repeal of Edict No. 3 of 1990 as amended
(1) The Public Funds and Property Recovery Tribunal Edict No. 3 of 1990 is hereby repealed.
(2) Any proceeding or cause of action pending or existing immediately before the commencement of this Law against any person in the defunct Tribunal may on the commencement of this Law be continued or commenced as the case may be, against that person in the Court to the extent that the proceedings or cause of action ought to have been continued or recommended against the person if this Law had not been made.
- Interpretation
In this Law—
“Chief Judge” means Chief Judge of Cross River State;
“Court” means Public Funds and Property Recovery Court established by section 1 of the Law;
“Government” includes the Government of Cross River State and any Local Government of the State;
“Governor” means Governor of Cross River State;
“Judicial Officer” includes a Justice of the Supreme Court, Court of Appeal and a Judge of the High Court;
“Judiciary” includes the Courts established by Law or by the Constitution for the time being in force;
“Judge” means Judge of the Court;
“Oath” means declaration and affirmation;
“person” means and includes all legal persons, corporate bodies, business concerns, statutory bodies, partnership, etc.;
“Public Funds and Property” includes the funds or property of the Government, any
statutory corporation or co-operative society or any body (whether corporate or unincorporated) in which the Government has interest or which is established by Government or by any of its Agencies;
“Registrar” means Registrar of the Court appointed under section 2 of this Law;
“Registry” means Registry of the Court;
“State” means Cross River State.
- Short title
This Law may be cited as the Public Funds and Property Recovery Court Law.
CHAPTER P15
PUBLIC FUNDS AND PROPERTY RECOVERY COURT LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
