Section 6: Prohibition of sale above controlled price.

(1) It shall be unlawful for any person to sell, agree to sell or offer to sell any or employ any other person, whether or not that other person is of full age, to sell any controlled commodity at a price which exceeds the controlled price.
(2) If any person contravenes subsection (1) of this section in respect of any controlled commodity-
(a) he shall be guilty of an offence and shall-
(i) in the case of a retailer, be liable to a fine of not less than N200 and not more than N2,000 or to imprisonment for not less than six months, or to both such fine and imprisonment; and
(ii) in the case of a manufacturer, wholesaler or major distributor, be liable to a fine of not less than N1,000 and not more than N10,000, or to imprisonment for not less than twelve months, or to both such fine and imprisonment; and
(b) the stock of the controlled commodity shall be liable to forfeiture.
(3) Where a person is convicted of any offence under subsection (2) of this section in respect of any commodity the court shall make an order forfeiting the stock of the commodity; and, where such an order is made, the commodity shall be disposed of by the Board as it thinks fit, any proceeds of the disposal being paid into the Consolidated Revenue Fund of the Federation.
(4) Where proceedings under subsection (2) of this section do not result in conviction the court shall make an order for the disposal at the controlled price of any commodity to which the proceedings relate and the proceeds of such disposal shall be applied as follows-
(a) ninety per cent of the proceeds shall be paid to the owner of the commodity;
(b) the remaining ten per cent shall be paid into the Consolidated Revenue Fund of the Federation.
(5) For the purposes of subsection (1) of this section where any person employed by another to sell any controlled commodity is proved to have sold the commodity at any price which exceeds the controlled price, the employer of that person shall, notwithstanding anything to the contrary in any law or rule of law, be deemed to have employed that other person to sell the commodity concerned at the price at which it was in fact sold.