Section 40: Conduct of examination.

(1) An examiner shall, in performing his duties under this Act, exercise reasonable care to prevent unreasonable hindrance to the day-to-day activities of a public enterprise and confine the investigation to matters of fact and data deemed necessary for the examination.
(2) A public enterprise shall produce as and when required, all books, accounts, documents and all information as the examiner may deem fit in the performance of his duties.
(3) A public enterprise or an officer of the public enterprise is guilty of an offence under this Decree if it-
(a) wilfully refuses to produce any books, account, document or information; or
(b) negligently,wilfully or with intent to defraud gives an information which is false in a material particular.
(4) A person guilty of an offence under this section is liable on conviction.
(a) in the case of an offence against paragraph (a) of subsection (3) of this section, to a fine of N500 for each day, in which the offence continues; or
(b) in the case of an offence against paragraph (b) of subsection (3) of this section, to a fine of N500,000.