Section 16: General powers of inspection and sealing of premises

(1)
Subject to the production of his credentials, if requested, an inspector may within the area for which he was appointed-
[1978 No, 37.]
(a) at all reasonable times-
(i) inspect and test any weighing or measuring equipment which is used for trade or which he has any reasonable cause to believe may be so used, or which is in the possession of any person or upon any premises for such use;
(ii) inspect any goods to which any of the provisions of this Act or any subsidiary instrument made thereunder for the time being applies for which he has reasonable cause to believe to be such goods;
(iii) enter any premises at which he has reasonable cause to believe there is any such equipment or goods as aforesaid, not being premises used only as a private dwelling-house; and
(b) at any time seize and detain-
(i) any article which he has reasonable cause to believe is liable to forfeiture under this Act;
(ii) any document displayed with any goods as evidence of price or quantity of the goods and which the inspector believes may be required in the course of proceedings under or pursuant to this Act.
(2) If an inspector finds any equipment, goods or articles as are mentioned in subsection (1) of this section on any premises and has reasonable grounds to believe that any offence under this Act has been, is being or is likely to be committed on such premises, he may seal the premises in question.
(3) Where an inspector enters or intends to seal any premises pursuant to the foregoing provisions of this section, he may take with him such other persons and equipment as may appear to him necessary; and on leaving any such premises which at the time of entry were unoccupied or from which the occupier during such entry was temporarily absent, he shall leave them as effectively secured against trespassers as he found them.
(4) If any inspector or other person who enters any work-place by virtue of this section discloses to any person any information obtained by him in the work-place with regard to any manufacturing process or trade secret he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
(5) In the exercise of his powers under this section, an inspector or other person concerned shall exercise them so that as far as is practicable he will not impede or obstruct work in progress.
(6) Where an inspector acts under subsection (2) of this section-
(a) he shall report his action to the Director-General forthwith;
(b) any person aggrieved by the action may appeal to the Director-General who may confirm or cancel the action; and
(c) the total period of the sealing of such premises shall not, without a court order in that respect, exceed 28 days.
(7) Notwithstanding subsection (6) of this section, upon receipt of a report under that section in respect of any premises which have been sealed up, the Director-General may direct that any goods found therein which in his opinion is of a perishable nature shall-
(a) where no offence under this Act has been committed in respect of the goods in question, be released to the owner of the goods;
(b) where an offence under this Act is alleged to have been committed with respect to the goods in question, be disposed of by sale or in such other manner as he may determine:
Provided that where goods are disposed of by sale, the proceeds of such sale shall be payable to the owner of such goods.
(8) Any person who knowingly and without reasonable excuse breaks a seal affixed pursuant to subsection (2) of this section, shall be guilty of an offence and on conviction shall be liable to a fine of N2,000 or imprisonment for six months or to both such fine and imprisonment.
(9) Nothing in this section shall authorise an inspector to stop any vehicle on a highway.