Delta State Forfeiture of Property Law, 2022

DELTA STATE FORFEITURE OF PROPERTY LAW, 2022

1. Short Title. This Law may be cited as the Delta State Forfeiture of Property Law, 2022.

2. Interpretation. In this Law, unless the context otherwise requires: "Attorney-General" means the Attorney-General and Commissioner for Justice of Delta State; "Court" means the High Court of Justice Delta State; "Crude Oil" means oil in its natural state before refining or treatment (excluding water or other foreign substances); "Government" means the Government of Delta State; "Governor" means the Governor of Delta State; "Licenced Operator" means the holder of a Lawfully issued licence under the petroleum industry Act or other enactments connected with oil and gas operations in Nigeria; "Offence" means the illegal storage of crude oil in a property in Delta State; "Property" includes any premises, real or personal property, caravan, vehicles, vessels, aircraft, or any place whether built upon or not; "Security Agency" means a Lawfully established government agency that is responsible for the prevention and detection of crime and includes the Nigeria Police Force, Nigeria Security and Civil Defence Corps, Department of State Security Services, and the Nigerian Armed Forces; "State" means Delta State.

3. Prohibition of illegal storage of crude oil/Commission of Offence. (1) It shall be unlawful for any person, other than a licenced operator, to keep, store, transport, deposit, or deliver crude oil or a similar unrefined volatile combustible in any property in the State (2) Where a Security Agency investigates and indicts a person for an offence under this Law, it shall, without prejudice to the punitive measures in any other enactment, forward the case file (or a copy there of) to the Attorney-General for review in accordance with subsections (3) and (4) of this section (3) Upon receiving the case file, the Attorney-General shall review it to determine whether any property has been used to commit an offence under subsection (1) of this section. (4) For the purposes of this Law, a property is said to have been used to commit an offence where: (i) any elements of the acts which constitutes the offence, has taken place on the property;or (ii.) where the property has been used for the storage of crude oil

4. Attorney-General to apply for Forfeiture order. (1) Where the Attorney-General upon review of the case file is of the opinion that a prima facie case has been established, he may apply to the Court for a Forfeiture Order against the property or such of the property involved in respect of the offence. (2) In the first instance, the Attorney-General (or any law Officer in the Ministry of Justice) shall apply ex-parte for an Interim Forfeiture Order. An affidavit and a written address shall accompany the application.

5. Notice of Application. (1) Where the Court grants or refuses the ex parte for an Interim Forfeiture Order, the Attorney-General (or any Law Officer in the Ministry of Justice) shall give written notice of an application for a Final Forfeiture Order to the person indicted under Section 3(1) of this Law and any other person the Attorney-General believes may have an interest in the property. (2) The person and any other person who claims an interest in the property may appear and adduce evidence at the hearing of the application. (3) The Court may at any time before the final determination of the application direct the Attorney-General to: (a) give Notice of the Application to any person who in the opinion of the Court appears to have an interest in the property; or (b) publish in a daily newspaper widely circulated in the State, notice of the application in the manner and containing such particulars and within the time that the Court considers appropriate.

6. Regard to transcripts by Court. Where an application is made to the Court for a Final Forfeiture Order in respect of an offence, the Court may in determining the application, have regard to the transcript of any proceedings against the person for any other offence in any other Court in the same transaction.

7. Where person absconds. (1) Where a person indicted with an offence under this Law absconds and the Court has granted an Interim Forfeiture Order: (a) The Court shall, on the Attorney-General?s application (or any Law Officer in the Ministry of Justice), order the publication of the Interim Forfeiture Order in one National and one State daily newspaper, stating: (i) full details of the property, and (ii) that the indicted or any other interested person must appear before the Court within 6 months from the date of the publication, failing which the Attorney-General (or any Law Officer in the Ministry of Justice) shall apply ex parte for the Court?s conversion of the Interim Forfeiture Order to a Final Forfeiture Order; and (b) Where the Court initially refuses an Interim Forfeiture Order, the Court may, on the Attorney-General?s further application (or any Law Officer in the Ministry of Justice), grant an Interim Forfeiture Order on the additional ground that the person indicted of an offence under this Law has absconded, in which case subparagraph (a) of this subsection shall apply. (2) For the purpose of this Section, a person shall be deemed to have absconded in connection with the offence where: (a) a warrant for the arrest of the person has been issued; and (b) reasonable attempt to arrest the person pursuant to the warrant has been unsuccessful during a period of one month after the warrant was issued. (3) Where the Attorney-General (or any Law Officer in the Ministry of Justice) applies for the Court’s conversion of the Interim Forfeiture Order to a Final Forfeiture Order, and the Court is satisfied that: (a) the property was used for the commission of an offence under Section 3(1) of this Law; (b) the person accused of having committed the offence has absconded; and (c) no third party has notified the Court of their interest in the property; the Court may grant the application and order that the property, or any part of it, be forfeited to the State.

8. Protection of third parties. (1) Where an application is made for a Final Forfeiture Order against any property, a person who claims an interest in the property may apply to the Court, before the Final Forfeiture Order is made, for an Order under subsection (2) of this Section. (2) Where a person applies to the Court for an Order under this subsection in respect of the person’s interest in any property and the Court is satisfied that: (a) The applicant has an interest in the property; (b) The applicant was not in any way involved in the commission of the offence in respect of which the forfeiture of the property is sought or the Final forfeiture order against the property was made; and (c) The applicant: (i) had the interest before the offence occurred; or (ii) acquired the interest during or after the commission of the offence, bonafide and for fair value, and did not know or could not reasonably have known at the time of the acquisition that the property was used to commit the offence; the Court may make an order declaring the nature, extent and value, as at the time when the order is made, of the applicant’s interest. (3) Subject to subsection (4) of this Section, where the Court has made a Final Forfeiture Order in respect of any property, a person who claims an interest in the property may, before the end of the period of three months, commencing on the day on which the Final Forfeiture Order is made, apply under this subsection to the Court for an order under subsection (2) of this Section (4) A person who had knowledge of an application for the Final Forfeiture Order before the Order was made, or appeared at the hearing of the application, shall not be permitted to make an application under subsection (3) of this Section except with the leave of the Court. (5) A person who makes an application under subsection (1) or (3) of this Section shall give notice of the application to the Attorney-General who shall be a party to the proceedings. (6) The Attorney-General may appeal against the Order made by the Court under subsection (2) of this Section. (7) For the purposes of an application under subsection (1) of this Section, where the person who claims an interest in the property is a minor, an application may be made on behalf of the minor by a guardian ad-litem appointed by the Court.

9. Final Forfeiture Order. If on the application for an Order of Final Forfeiture under this Law against any property the Court is satisfied that the property has been used for the commission of an offence, the Court may issue an Order in writing that the property, or such of the property as is specified by the application, be forfeited to the State.

10. Effect of Final Forfeiture Order. (1) Where the Court makes a Final Forfeiture Order against any property, the property vests absolutely in the State by virtue of the Order. (2) On being served with a Final Forfeiture Order, the Governor may determine the use to which the property should be put to which may include: (a) demolition of the property; or (b) sale of the property and the funds paid into the State treasury; or (c) conversion of the property for the use of the State and any of its agencies.

11. Power to Search Premises. A member of any of the Security Agencies may, with or without a search warrant, enter into any property on reasonable suspicion that an offence is being carried out in respect of this Law and arrest any person or, seize items used in the commission of the offence.

12. Offences. Any person who: (a) prevents, hinders, obstructs, assaults or molests any officer of the State or member of the security agencies in the course of executing a Final Forfeiture Order under this Law or from carrying out any lawful directives issued under this Law or from conducting an investigation into the commission of an offence under this Law; or (b) does anything which impedes or is intended to impede the carrying out of a search warrant or service of a Final Forfeiture Order; or (c) removes or defaces a Final Forfeiture Order pasted on any premises; or (d) incites another person or persons to refuse to comply with a Final Forfeiture Order under this Law; commits an offence and shall be liable on summary conviction to a fine of N1,000,000.00 (One Million Naira) only or to a term of imprisonment for a period of 1 (one) year or both. The person shall be tried at the Chief Magistrate’s Court.