Section 86 Civil Aviation Act 2022
Section 86 of the Civil Aviation Act 2022 is about Jurisdiction to try offences under this Act. It is under Part XIII (Jurisdiction) of the Act.
(1) The Federal High Court shall have jurisdiction to try offences, hear and determine proceedings arising under this Act whether or not the offence was commenced in Nigeria and completed outside Nigeria and the —
(a) offence is committed in the territory of Nigeria ;
(b) offence is committed against or on board an aircraft registered in Nigeria ;
(c) offence is committed by a national of Nigeria ;
(d) aircraft on which the offence is committed lands within the territory of Nigeria with the offender still on board;
(e) offence is committed against or on board an aircraft leased without crew to lessee whose principal place of business or, if the lessee has no such place of business, whose permanent residence is in Nigeria ;
(f) victim is a citizen or is resident in Nigeria, in transit or has a link with Nigeria or is dealing with or on behalf of the Government of Nigeria ; and
(g) alleged offender is in Nigeria and not extradited to any other country for prosecution.
(2) The Federal High Court shall have jurisdiction to impose any penalty provided for an offence under this Act or any other related law.
(3) Whenever any person is convicted of an offence under this Act, the court in passing sentence shall, in addition to any penalty which the court may impose in respect of the offence, order the forfeiture to the Federal Government of Nigeria and of any property, asset or fund with accrued interest, article, substance, device, material or conveyance which is reasonably believed to have been used in the commission of the offence or the proceed of any unlawful activity under this Act and is in the possession, custody or control of the
convicted person.
(4) Notwithstanding the provisions of subsection (3), the penalty imposed on a person convicted of an offence referred to in that subsection may be reduced in such manner as the court deems fit where that person has, before any proceeding, made possible or facilitated the identification of other accused persons and their sponsors or who, after the commencement of the proceedings, has made possible or facilitated the arrest of such persons.
