Section 33: Power to distrain. First Schedule.

(1) Without prejudice to any other power conferred on the Board for the enforcement of payment of tax due from a company, where an assessment has become final and conclusive and a demand notice has, in accordance with the provisions of the relevant tax laws tax in the First Schedule to this Act, been served upon the taxable person or upon the person in whose name the taxable person is chargeable, then, if payment of the tax is not made within the time limited by the demand notice, the Board may in the prescribed form, for the purpose of enforcing payment of the tax due-
(a) distrain the taxpayer by his goods or other chattels, bonds or other securities ;
(b) distrain upon any land, premises, or place in respect of which the taxpayer is the owner and, subject to the following provisions of this section, recover the amount of tax due by sale of anything so distrained.
(2) The authority to distrain under this section shall be in the form contained in the Fourth Schedule to this Act and such authority shall be sufficient warrant and authority to levy by distraint the amount of any tax due.
(3) For the purpose of levying any distraint under this section, any officer duly authorized by the Board may execute any warrant of distraint and if necessary break open any building or place in the day time for the purpose of levying such distraint, and he may call to his assistance any police officer and the police officer shall, when so required aid and assist in the execution of any warrant of distraint and in levying the distraint.
(4) Things distrained, under this section may, at the cost of the taxpayer, be kept for 14 days and at the end of that time if the amount due in respect of the tax, cost and charges of any incidental to the distraint are not paid, they may, subject to subsection (6) of this section, be sold at any time thereafter.
(5) Out of the proceeds of such sale, there shall, in the first place, be paid the cost or charges if any incidental to the (sale and keeping of the) distraint, and disposal thereunder and in the next place the amount due in respect of the tax, and the balance (if any) shall be payable to the taxpayer upon demand being made by him or on his behalf within one year, of the date of sale.
(6) Nothing in this section shall be construed so as to authorize the sale of any immovable property without an order of a High Court, made on application in such form as may be prescribed by the rules of court.
(7) In exercise of the powers of distraint conferred by this section, the person to whom the authority is granted under subsection (3) of this section may distrain upon all goods, chattels and effects belonging to the debtor wherever the same may be found in Nigeria.