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TheCommissions of Inquiry (Amendment) Act, 1982 short title,

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Added to the library by Umaru Afiz SESAY on Oct 25, 2026

Open the original document (PDF)Source: Law Reform Commission of Sierra Leone

Preamble

S ::AC lçment io,the'Sierra Leone Gazette Vol. CXIIY, No. 6 dated 2lst Jan uary,1982 tday·of anuary,,1982. LS) :CLASS NO 155) LOCATKNCHECKED BY SIAKA STEVENS, President. SIERRA LEONE LAM SCHOOL LIBRARY Sierra Leone TheCommissions of Inquiry (Amendment) Act, 1982 short title, [2lst January, 1982.] rate of CcimenceT NACTED,by thc,President and, Members- of Parliament. in meat. this present Parliament assembled, as.follows: 1Section 7of.theCommissions of Inquiry Act'is hereby Repeal ar.& epaled and replaced by the following new section replacen of sect n 7 of Car it, 2 No. 1 "Commis sioners to inquire and report to President. President may make an Order.on rceipt of Commis sioners'. report. Commissions lnquiry (Amendnnent) 1982 7. (1) (a) The Commissioners shall, after taking such oath, make a full, faithful and impartial inquiry into the matter specified in such commission, and conduct such inquiry in accordance with the direc tions (if any) inthe commission; and, in due course, shall report to the President, in writing, the result of such inquiry; and may make such recommendations as may be necessary. (b)The Commissionërs shall,when required, furnish to the President a fullstatement of the proceed ings of such commission, and of the reasons lcading to the conclusions arrived atorreported. (2) Upon the receipt of such report, if it appears to the President that any person has acquired assets for himself or in the name of any öther person in an un lawful manner or is responsible for.any irregularity or malpractice resulting in any financial loss to the Government of Sierra Leone or to any local authority Or corporation, or any other body whatsoever, the President may, on the advice of the Cabinet, make an Order (a) requiring such person to make good the financial loss to the Government of Sierra Leone, or any local authority or corpora tion or any other body as the case may be; Or (b) forfeiting to the Government of Sierra Leone or any local authority or corporatiou Or any other body as the case may be, all or any part thereof of the assets of such person, whether or not such assets are in his name. (3) Any Judge of the High Court shall, uponapplication by the Attorney-General and Minister of Justice, make such Order or Orders as may be neces sary forthe purpose of giving full effect to the Orderfor forfeiture of assets madeby the President under subsection (2) herof, and shall in particular but without prejudice to the generality of the foregoing, wherenecessary, order any person to execute such instrument as may be necessary for enabling any assets situated No. i Commussions lnguiry (Anendnent) 1982 outside Sierra Leone to be vested in the Government of Sierra Leone, or any local authority or corporation, or any other body as the case may be. Details of assets. Order to be effective notwith standing anythingto the con trary. (4) Any Order made under sub-section (2) may include provision for vesting the assets or any part thereof or the property in such assets or part thereof in a department of Government, a local authority or corporation or any other bodyas the case may be and, in particular, the Order may direct (a) in the case of assets lodged in a hank, the Manager or a person in charge of the bank in which the assets are lodged shall pay the assets into the Consolidated Fund, or any bank account as the case may require; (6)in the case of assets in the form of stocks, shares, debentures, bonds or choses-in action, the responsibie officer concerned shall register them as required or necessary. in the name of the Government of Sierra Leone or any local authority or corpora tion, or any other body as the case may require; (c) in the case of assets in the nature of im movable property the Administrator and Registrar-General shall remove the name of the person or that of any person in whose name the property is registered, from the Register and register forthwith such pro perty in the name of the Government of Sierra Leone or any local authority or corporation, or other body as the case may be, and the property shall vest forthwith in the Government of Sierra Leone or local authority or corporation, or other body (as the case may be) as from the date of such Order. (5) Any Order made by the President under sub section (2) for the restitution or forfeiture of assets shall have effect notwithstanding anything to the con trary in any enactment contained. No. 1 Commissions lnquiry (Amendment) 1982 Order of for (6) Notwithstanding any provisions to the con feiture not to trary in any law contained, no court whatsoever shall be challen be competent to inquire into any Order made under ged. this section. Amendent 2. The Commissions of Inquiry Act is hereby amended by the of Cap. S4. addition inmediately after section 17 thereof of the following new sections "Prohibition 18. From the date of the appointment of any Com of transfer of assets. misssion of Inquiry under this Act, no sale, lease, transfer or other disposition as the case may be of any asset specified in the Second Schedule hereto, being an asset owned wholly or partly by any of the persons whose conduct is being inguired into under this Act, shall be valid, unless the sale, lease, transfer or other disposition is made with the prior approval of the Attorney-General and Minister of Justice. Voidance of 19. From the date of the appointment of any Com sales, etc. made to mission of Inquiry under this Act, any sale, lease, defeat the transfer or other disposition as the case may be purpose of of any asset specified in the Second Schedule afore this Act. said which was made in defraud of or calculated to be made in circumvention of this section shall be deemed to be void, unless the Attorney.General and Minister of Justice approves the sale, lease, transfer or other disposition as the case may be. Withdrawal of money 20. (1) Except with the permission in writing of prohibited the Attorney-General and Minister of Justice, no except with person whose conduct is being inquired into under this the permis- Act shall withdraw or authorise the withdrawal of more sionof the than a total sum of five hundred leones from all his Attorney General and bank accounts for any one month, from the date of the Minister of appointment of the Commission of Inquiry to the date Justice. of any Order made by the President under sub-section (2) of section 7. (2) For the purpose of this section, the term "withdrawal'" shall include any transfer of money whatsoever. Securities not 21. Except with the permission in writing of thetobe taken rom ba shall obtain from any bank, any security deposited by Attorney-General and Minister of Justice, no person any person whose conduct is being inquired into under this Act or any other thing deposited with any bank Ne. 1 Commissions f lnquiry (Am1endment) 1982 5 for safe kceping by any such person or any document relating to any such security or thing, from the date of the appointment of the Commission of Inquíry to the date of any Order made by the President under sub-section (2)of section 7. Bank not to part with 22. Except with the permission in writing of ihe securities. Attorney.General and Minister of Justice, no banker shall deliver to any person or otherwise part with any security, thing, or document referred to in section 21. 23. Penalty. Any person who contravenes any of the pro visions of soctions 18, 19, 20, 21, and 22 shall be guilty of an offence, and liable on summary conviction to a fine not exceeding fourshousand leones or to imprison ment for a period not exceeding two years or to both such fine and imprisonment. 24. Saving. Nothing in this Act shall affect the sale, lease, transfer or other disposition of any asset in pursuance of any order made by any competent court or in compliance with the provisions of any enactment.'9

Section 3

The Schedule to the Commissions of Inquiry Act is Amendmentof Schedule hereby amended as follows of Cap.54. (a) by deleting the word «Schedule" from the heading thereof and replacing it by the following words FIRST SCHEDULE.(Section 10) " (b) by the addition immediately after the First Schedule of the following new Schedule "SECOND SCHEDULE (Sections 18 & 19) Any land, monies, bonds, shares in a Company, steck, car, lorry and such other vehicle.""

Section 4 — The Prohibition of Transfer of Assets Decree, 1967 and Repeal and

Saving, the Commissions of Inquiry (Forfeiture of Assets) (No. 2) N.R.C. Decree, 1967 are hereby repcaled: Decrees Nos.8and 46 oF 1967. Provided that all Rules, Orders, Notices or other Regula tioas subsisting and made under those Decrees shall remain in force unti they are expressly revoked or replaced by any Order, Rule, Notice or other Regulation made under this Act. No. 1 Commisions lnqury (Amendment) 1982 Passed in Parliament this 13th day of January, in the year of our Lord one thousand nine hundred and eighty-two. J. W.E. DAVIES, Clerk o Parliament THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill. J. W. E. DAVIES, Clerk of Parliament PRINTED EY THE G VERNMENr PRINING DEPARTMENT, SIERRA LEONE GAZETTE No. 6 OF 21ST JANUARY, 1982

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