Section 5: Penalties, forfeitures, etc. As Amended by Sections 3 and 4 of the Endangered Species (Control of International Trade and Traffic) (Amendment) Act, 2016.

(1) Any person who, in contravention of the provisions of this Act, trades in, or is in possession of or otherwise deals with a specimen specified in the First and Second Schedules to this Act, shall be guilty of an offence and liable on conviction-
(a) in respect of any specimen under the First Schedule to this Act, a fine of N5,000,000 for a first offence and for a second and subsequent offence to imprisonment for one year without the option of a fine; and
[First Schedule.]
(b) in respect of any specimen under the Second Schedule to this Act, to a fine of N1,000,000 for a first offence and for a second or subsequent offence, to imprisonment for six months without the option of a fine
(2) Where a person is convicted of an offence under subsection (1) of this section, the court may-
(a) order the forfeiture of any specimen which is the subject of such prosecution;
(b) make such orders (including the upkeep of live specimens at the expense of the person so convicted) as the court may deem fit.
(3) Without prejudice to subsection (1) of this section. where a living specimen is forfeited pursuant to this section, the specimen shall be entrusted to the Minister who may, after consultation with the country of export, return the specimen either to that country at the expense of that country or to a wild life rescue centre or to such other place as the Minister may deem appropriate.
(4) Under this section "wild life rescue centre" means any institution or place appointed for the care and welfare of living specimens, particularly those forfeited under this section.
(5) It shall be a defence to a charge under this Act that the killing, capture or fishing of any specimen specified under the First and Second Schedules to this Act was for any of the following reasons-
(a) the paramount public interest
(b) the defence of human life;
(c) the protection of public health;
(d) the defence of property; or
(e) the defence of the lives of other animals.
(6) Notwithstanding the provisions of subsection (4) of this section, in an attempt to capture, fish, take or hunt wild animals specified in this Act, the following methods are prohibited, that is-
(a) any method liable to cause mass destruction of wild animals;
(b) the use of drugs, poisons, poisoned weapons or poisoned baits;
(c) the use of mechanically propelled vehicles for hunting;
(d) the use of fire;
(e) the use of firearms capable of firing more than one round at each pull of the trigger;
(f) hunting or capture at night; or
(g) the use of missiles containing detonators.