Section 111
of Criminal Asset Recovery Order, 2012
Section 111
(1)
Where the Public Prosecutor is satisfied on information given to him by an authorised officer that any land is the subject-matter of an offence under this Order or any money laundering offence or serious offence or evidence of the commission of such offence, such property shall be liable to seizure, and the seizure shall be effected –
(a)
by the issue of a Notice of Seizure by the Public Prosecutor setting out therein the particulars of the land which is seized in so far as such particulars are within his knowledge, and prohibiting all dealings in such land;
(b)
by serving a copy of such Notice on the Commissioner of Lands.
(2)
The Commissioner of Lands shall immediately upon being served with a Notice of Seizure under subsection (1) register it in the Register kept by him under section 7 of the
Land Code (Chapter 40) in respect of that land.
(3)
Where a Notice of Seizure has been registered under subsection (2), the Notice shall have the effect of prohibiting all dealings in respect of the land, and after such registration has been made no dealing in respect of the land shall be registered, regardless whether it was effected before or after the issue of such Notice or the making of such registration.
(4)
Subsection (3) shall not apply to a dealing effected by an officer of a public body in his capacity as such officer, or otherwise by or on behalf of the Government.
(5)
Any person who contravenes subsection (3) or does any act which results in, or causes, a contravention of subsection (3) is guilty of an offence and liable on conviction to a fine not exceeding the value of the property in respect of which the order had been contravened, or $50,000, whichever is the higher, imprisonment for a term not exceeding 7 years or both.
(6)
Where a Notice of Seizure has been issued under subsection (1) it shall be an offence for the registered proprietor of the land which is seized under such Notice, or for any other person having any interest in such land, who has knowledge of such Notice, to knowingly enter into any agreement with any person to sell, transfer, or otherwise dispose of or deal with, the whole or any part of such land.
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
109
BLUV as at 11th March 2017
Dealings with seized property after seizure to be void.