NIGERIAN ENTERPRISES PROMOTION ACT

Section 9: Additional penalty for contravention of the Act.

1989Section 9 of 19Federal Republic of Nigeria

(1) Where, on or after the commencement of this Act, any alien continues to be the owner or part owner of any enterprise in contravention of section 1 of this Act, it shall be lawful for the Minister to-
(a) take over or co-manage the enterprise;
(b) sell or otherwise dispose of the enterprise;
(c) appropriate the proceeds of such sale or disposal (if any) as he deems fit;
(d) charge and defray the expenses incurred; and
(e) distribute the proceeds of such sale or disposal (if any)-
(i) in the case of partnerships to the proprietors of the enterprise duly registered under the Companies and Allied Matters Act or any other applicable law,
(ii) in the case of companies, to the share-holders of the company, and
(iii) in any other case, in such manner as may be directed by the Minister,
and any expenses incurred by the Minister in relation to the exercise of any of the powers conferred by this subsection shall be a charge upon and be defrayed by the Minister from the proceeds of such sale or disposal.
(2) It shall be sufficient for the purposes of taking over any enterprise under subsection (1)(a) of this section-
(a) in the case of partnerships, if the certificate of registration or business permit of the enterprise is cancelled;
(b) in the case of a company, if the certificate of registration or business permit of the company is cancelled; and
(c) in any other case, if the assets of the association are registered by the Registrar-General, or as the case may be, the Corporate Affairs Commission or any person duly authorised to do so, in the name of the Federal Government.
(3) Cap. 171.
Cap. 178.
In this section "business permits" means any business permit issued pursuant to section 8 of the Immigration Act or section 3 of the Industrial Development Co-ordination Act.

Cite this section

Section 9, NIGERIAN ENTERPRISES PROMOTION ACT (1989).

https://repo.podus.ai/laws/nigerian-enterprises-promotion-act/section/9/