Section 5: Offences

(1) Any person guilty of an offence under this Act shall be liable on conviction-
(a) in the case of a first offence, to a fine of not less than forty naira or more than one hundred naira; and
(b) in the case of a second or any subsequent offence, (whether or not of the same class as the first offence), to a fine of not less than one hundred naira or more than two hundred naira, or to imprisonment for a term of not more than six months, or to both.
(2) Where a person is convicted of an offence pursuant to subsection (1) of this section, the court, having regard to the circumstance of the case, may adjudge the bees or any apicultural material to which the offence relates, to be forfeited or, if any such bees or apicultural material have been destroyed, the court may declare that but for that destruction, it would have adjudged the bees or the apicultural material to be forfeited.
(3) If on entry of any bees or apicultural material into Nigeria (but before clearance by customs) any officer of the Nigerian Customs Service not below the rank of collector, or if after such entry and clearance, any inspector under this Act has reasonable grounds to believe that an offence under this Act is being or has been committed in relation to the importation, such officer, or inspector may seize or detain the bees or apicultural material with a view to refusing entry or, as the case may be, to the instituting of proceedings in respect of the offence.
(4) Bees or apicultural material, so seized or detained pursuant to subsection (3) of this section may be destroyed or treated by order of the board at the cost of the importer or as the case may require.
(5) The court may when convicting a person for an offence against this Act order the destruction or treatment as it thinks fit of the bees or apicultural material.