Section 45: Deportation order in special cases.

(1)
Subject to sub-sections (2) and (3) of this Section, any person who being a prohibited immigrant enters Nigeria except in accordance with this Act commits an offence, and if convicted the court may make a recommendation for the deportation of the offender.
(2)
The Minister may, if satisfied that it is in the public interest, and whether or not any person has been prosecuted for an offence under this section, make a deportation order against the person as a prohibited immigrant; and it shall be no defense that such person was not notified that his entry into Nigeria was prohibited, or that the entry was permitted by oversight or otherwise ; this subsection shall have effect notwithstanding any other provision of this Act.
(3)
If the Minister is of the opinion that any person in Nigeria ought, at any time after his entry to be classed as a prohibited immigrant, he may make an order accordingly and the provisions of any such order shall have effect as if the person named in the order were a prohibited immigrant landing in Nigeria for the first time, any person affected by an order made under this subsection may be deported.
(4)
The provision of this section shall if the minister thinks fit, extend and apply to any person who having entered Nigeria at any time in pursuance of a visitors Permit or Transit permit remains in Nigeria beyond the time allowed by such a permit or breaks any other condition subject to which such permit was issued whether or not he has been prosecuted for an offence under this Act.