Section 129: Fraudulent debtors.
(1) Any person who has been adjudged bankrupt or in respect of whose estate a receiving order has been made shall, in each of the cases following, be guilty of an offence under this Act-
(a) if he does not to the best of his knowledge and belief fully and truly discover to the trustee all his property, real and personal, and how and to whom and for what consideration and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any) or laid out in the ordinary expenses of his family, unless he proves that he had no intent to defraud;
(b) if he does not deliver up to the trustee, or as he directs, all such part of his movable property as in his custody or under his control and which he is required by law to deliver up, unless he proves that he had no intent to defraud;
(c) if he does not deliver up to the trustee, or as he directs, all books, documents, papers and writings in his custody or under his control relating to his property or affairs, unless he proves that he had no intent to defraud;
(d) if, after the presentation of a bankruptcy petition by or against him or within twelve months next before such presentation, he conceals any part of his property to the value of N50 or upwards or conceals any debt due to or from him, unless he proves that he had no intent to defraud;
(e) if, after the presentation of a bankruptcy petition by or against him or within twelve months next before such presentation, he fraudulently removes any part of his property to the value of N50 or upwards;
(f) if he makes any material omission or misstatement in any statement relating to his affairs, unless he proves that he had no intent to defraud;
(g) if, knowing or having any reason to believe that a false debt has been proved by any person under the bankruptcy, he fails for the period of a month to inform the trustee thereof;
(h) if, after the presentation of a bankruptcy petition by or against him, he prevents or is party or privy to preventing the production of any book, document, paper or writing affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs or to defeat the law;
(i) if, after the presentation of a bankruptcy petition by or against him or within twelve months next before such presentation, he removes, conceals, destroys, mutilates or falsifies or is privy to the removal, concealment, destruction, mutilation or falsification of any book or document affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs or to defeat the law;
(j) if, after the presentation of a bankruptcy petition by or against him or within twelve months next before such presentation, he fraudulently parts with, alters or makes any omission in, or is privy to the fraudulently parting with, altering or making any omission in, any document affecting or relating to his property or affairs;
(k) if, after the presentation of a bankruptcy petition by or against him or at any meeting of his creditors within twelve months next before such presentation, he attempts to account for any part of his property by fictitious losses or expenses;
(l) if, within twelve months next before the presentation of a bankruptcy petition by or against him or after the presentation of a bankruptcy petition and before the making of a receiving order, he by false representation or other fraud has obtained any property on credit, and has not paid for the same;
(m) if, within twelve months next before the presentation of a bankruptcy petition by or against him or after the presentation of a receiving order, he obtains under the false pretence of carrying on business, and if a trader, of dealing in the ordinary way of his trade, any property on credit and has not paid for the same, unless he proves that he had no intent to defraud;
(n) if, within twelve months next before the presentation of a bankruptcy petition by or against him or after the presentation of a bankruptcy petition and before the making of a receiving order, he pawns, pledges or disposes of any property which he had obtained on credit and has not paid for, unless, in the case of a trade such pawning, pledging or disposing is in the ordinary way of his trade, and unless in any case he proves that he had no intent to defraud;
(o) if he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to an agreement with reference to his affairs or to his bankruptcy, and shall be liable on conviction to a fine of N200 or imprisonment for twelve months or to both fine and imprisonment.
(2) A person who has sent out of Nigeria any property which he has obtained on credit and has not paid for shall until the contrary is proved, be deemed to have disposed of the same otherwise than in the ordinary way of his trade if, such property not having been paid or accounted for at the date of the receiving order by the person to whom the same was sent, such last-mentioned person does not pay or account for the same within a reasonable time after being called upon to do so by the trustee or cannot be found within a reasonable time.
Cite this section
Section 129, BANKRUPTCY ACT (1979).
https://repo.podus.ai/laws/bankruptcy-act/section/129/