A 338
Offences by
corporate
persons.
2003 No. 19
Communications
139. If a body corporate commits an offence under this Act or its subsidiary
legislation a person who at the time of the commission of the offence was a director,
chief executive officer, manager, secretary or other similar officer of the body
corporate or was purporting to act in any such capacity or was in any manner or to
any extent responsible for the management of any of the affairs of the body corporate
or was assisting in such management—
(a) may be charged severally or jointly in the same proceedings with the body
corporate ; and
(b) if the body corporate is found guilty of the offence, shall be deemed to be
guilty of that offence unless, having regard to the nature of his functions in that
capacity and to all circumstances, he proves—
(i) that the offence was committed without his knowledge, consent or
connivance, and
(ii) that he had taken all reasonable precautions and exercised due diligence
to prevent the commission of the offence.
General
penalties.
140. Where no specific penalty is prescribed in this Act or its subsidiary
legislation for any offence, a person found guilty of such offence shall—
(a) as a first offender, be liable to a fine not exceeding N100,000.00 or to
imprisonment for a term not exceeding 1 year or to both such fine and
imprisonment ; and
(b) for a subsequent conviction, to a fine not exceeding N500,000.00 or to
imprisonment for a term not exceeding 3 years or to both such fine and imprisonment.
Powers of
entry and
investigation
by inspectors.
141.—(1) The Commission may in writing authorise any of its officials or
appoint external-inspectors on its behalf to exercise the powers of monitoring and
enforcement vested in the Commission under this Act.
(2) The Commission may direct its authorised officials or appointed inspectors
to investigate the activities of a licensee or other person material to his compliance
with this Act or its subsidiary legislation pursuant to its information-gathering,
monitoring, enforcement and other related powers under this Act.
(3) In exercising any of the powers specified in subsection (2) of this section
and notwithstanding any other provision of this Act, an authorised official of the
Commission or its appointed inspector—
(a) shall on demand produce to the person against whom he is acting, the
authority issued to him by the Commission ; and
(b) may at any reasonable time and without prior notice, enter any affected
person or licensee’s premises ; and
(i) inspect and make copies of or extracts from books, records, documents
or other information storage systems,
(ii) demand the production of and inspect the relevant licence, permit,
certificate or authority ; and