TRIBUNALS (CERTAIN CONSEQUENTIAL AMENDMENTS ETC.,) ACT
CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
DOWNLOAD THIS LAW [N2,000 (PDF)/N3000 (WORD] CLICK HERE FOR ONLINE PAYMENT. PDF COMPENDIUMS OF ALL THE LAWS OF NIGERIA, LAGOS AND OTHER STATES ARE ALSO AVAILABLE. EMAIL: lawnigeria@gmail.com or info@lawnigeria or Text/WhatsApp +23407067102097
TRIBUNALS (CERTAIN CONSEQUENTIAL AMENDMENTS ETC.) ACT
CHAPTER T23 LAWS OF THE FEDERATION OF NIGERIA, L.F.N. 2004
ARRANGMENT OF SECTIONS
1. List of enactments amended and extent of amendment under this Act.
2. Jurisdiction to try offences created under the listed enactments.
3. Treatment of part-heard pending matters (civil and criminal).
4. Procedure for summary trial of criminal matters brought pursuant to the enactments
5. Commencement of civil and criminal proceedings.
6. Proceedings under the [Act] to be given accelerated hearing.
7. Right of appeal to the Court of Appeal.
8. Interpretation.
9. Citation.
TRIBUNALS (CERTAAIN CONSEQUENTIAL AMENDMENTS, ETC.) ACT
The [Federal Government] hereby [enacts] as follows: –
List of enactments amended and extent of amendment under this Act.
1. The enactments specified in the first column of Parts I and II of the Schedule to this Act 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 Act.
(2) Accordingly, a Tribunal established in any of the enactments specified in the Schedule to this Act 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 Act 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 Act.
(4) Any order, remand, decision or judgment ma de by a Tribunal before the commencement of this Act is hereby preserved.
(5) A decision or ju4gement of a Tribunal made before the commencement of this Act 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 Act.
(6) Where before the commencement of this Act, 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. (1) Where any part-heard matter is pending before any Tribunal on the date of the making of this Act 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 Act.
(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 Act 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 Act shall be given accelerated hearing.
7. (1) A person convicted or against whom a judgment is given under this Act 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 Act, 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 Act.
9. This Act may be cited as the Tribunals (Certain Consequential Amendments, Etc.) Act 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 Act 1984 | 1. | For the title substitute the following new title- “Recovery of Public Property (Special Provisions) Act 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 Act, 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 Act 1984″ | 1. | For the title substitute the following new title “Miscellaneous Offences Act 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 Act 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 Act, 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 Act 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 Act.” | |||
| 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 Act 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 Act 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 Act substitute the words “Federal High Court”. | |||
| 8. | The Schedule is hereby deleted. | |||
| 1984 | 48 | National Drug Law Enforcement Agency Act 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 Act. (2) The Federal High Court shall have power to impose the penalties provided in this Act. (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 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 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 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 Act substitute the words “Federal High Court”. | |||
| 1993 | 15 | National Agency for Food and Drugs Administration and Control Act 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 Act.” For the word “Tribunal” wherever it appears (n the Act substitute the words ‘Federal High Court”. |
| 1993 | 19 | Drugs and Related Products (Registration, etc.) Act 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 Act.” |
| :1993 | 18 | Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act 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 Act 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 Act 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 Act, 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 Act 1990, as amended, and within the meaning of section 20(5) of the Banks and Other Financial Institutions Act 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 Act substitute the words “Federal High Court” | |||
| 1995 | 3 | Money Laundering Act 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 Act. (2) The Federal High Court shall have power to impose the penalties provided in this Act. (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 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 Act substitute the words “Federal High Court”. | |||
| 1999 | Counterfeit and Fake Drugs (Miscellaneous Provisions) Act 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 Act. (2) The Federal High Court shall have power to impose the penalties provided in this Act.”. | |
| 2. | Section 5 is hereby deleted |
Part II
| 1984 | 5 | Robbery and Firearm (Special Provisions) Act 1984 | 1. | For section 8 substitute the following new section – 8. Offences under this Act 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) Act 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 Act 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 Act 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 Act. (2) The High Court of the State concerned shall have power to impose the penalties provided in this Act. | |||
| 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 Act 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 Act, 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 deletes definition of “Tribunal”. | |||
| 5. | For the word Tribunal~1 wherever it appears in the Act 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
