Section 5: Penalty for advertising, selling, etc., of tobacco.

(1) Any person who advertises, sells or offers for sale any tobacco product otherwise than in compliance with the provisions of this Act shall be guilty of an offence under this Act and shall be liable, on conviction, to a fine of not less than N5,000.
(2) Where an offence under this Act is committed by a body corporate or firm or other association of individuals -
(a) every director, manager, secretary or other similar officer of the body corporate;
(b) every partner or officer of the firm;
(c) every person concerned in the management of the affairs of the association; or
(d) every person who was purporting to act in any such capacity as aforesaid, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding N5,000 or to imprisonment for a term not exceeding three years or to both such fine and imprisonment as if he had himself committed the offence, unless he proves that the act or omission constituting the offence took place without his knowledge, consent or connivance.