Section 70: Failure to supervise performance of contract.

(1) Any supervising officer, director, officer or employee of a public enterprise who-
(a) being a person having the duty or responsibility to supervise the performance of a contract referred to in section 69 of this Act, without just cause, fails to perform that duty or responsibility or does so negligently or recklessly; or
(b)
without just cause, paid, authorised or approved or caused to be paid any money from the funds of the public enterprise to the contractor for a contract knowing that the contractor is in default of his performance,
is guilty of an offence and liable on conviction to a fine of N 500,000 or imprisonment to a term of three years or both to such fine and imprisonment.
(2) The onus of proving the circumstances which constitute just cause for authorising or making the payment, or that he did not know or ought reasonably to have known that the contractor was in default, shall lie on the supervising officer, director, officer or employee of the public enterprise, as the case may be.