Section 36: Resignation of auditors.

(1) An auditor of a public enterprise may resign his appointment by depositing a notice in writing to that effect at the head office of the public enterprise and the notice shall operate to bring his term of office to an end on the date on which the notice is deposited, or on such later date as may be specified in the notice.
(2) An auditor's notice of resignation shall not be effective unless it contains -
(a) a statement to the effect that there are no circumstances connected with his resignation which he considers should be brought to the notice of the Commission; or
(b) a statement of any such circumstances as are mentioned in paragraph (a) of this subsection.
(3) Where a notice under this section is deposited at the head office of a public enterprise, the public enterprise shall within thirty days send a copy of the notice to the Commission.
(4) The public enterprise or any person claiming to be aggrieved by the resignation may, within thirty days of the receipt by the public enterprise of a notice containing a statement under subsection (2)(b) of this section, apply to the Commission for direction under subsection (5) of this section.
(5) If on an application under subsection (4) of this section, the Commission is satisfied that the auditor is using the notice to secure needless publicity for defamatory matter, it may direct the public enterprise to act on the notice of resignation notwithstanding that it contains a statement made under subsection 2(b) of this section.
(6) If default is made in complying with the provision of subsection (3) of this section, the public enterprise and every officer of the public enterprise who is in default is guilty of an offence and liable to a penalty of N500 for every day during which the default continues.