Powers of CCT to Impose Punishment in Cases of False Assets Declaration

Powers of CCT to Impose Punishment in Cases of False Assets Declaration

(1) Where the Tribunal finds a public officer guilty of contravening any of the provisions of this Act, it shall impose upon that officer any of the punishments specified under subsection (2) of this section.

(2) The punishment, which the Tribunal may impose, shall include any of the following:

(a) Vacation of office or any elective or nominated office, as the case may be;
(b) Disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and
(c) Seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

(3) The punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law, where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.
(4) Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

(5) Any right of appeal to the Court of Appeal from the decision of the Tribunal conferred by subsection
(4) Of this section shall be exercised in accordance with the provisions of the rules of court for the time being in force regulating the powers, practice, and procedure of the Court of Appeal.

(6) Nothing in this section shall prejudice the prosecution of a public officer punished under this section, or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7) The provisions of the Constitution of the Federal Republic of Nigeria 1999, relating to prerogative of mercy, shall not apply to any punishment imposed in accordance with the provisions of this section.

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