CROSS RIVER – MARKET UNION AND TRADE ASSOCIATION (PROHIBITION) LAW

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LAWS OF CROSS RIVER STATE

CHAPTER M3

MARKET UNION AND TRADE ASSOCIATION (PROHIBITION) LAW

ARRANGEMENT OF SECTIONS

SECTION

1. Power to prohibit or restrict the operation of market unions or associations.
2. Offences.
3. Determination of where articles of food may be bought or sold.
4. Causing inflation of Prices by deceit.
5. Liability of corporate bodies and their officers.
6. Power to close illegal markets.
7. Penalties.
8. Interpretation.
9. Citation.

CHAPTER M3

MARKET UNION AND TRADE ASSOCIATION (PROHIBITION) LAW

(21st July, 1984)

[Commencement]

1. Power to prohibit or restrict the operation of market unions or associations

(1)     The Governor may, notwithstanding the provisions of any other law or enactment to the contrary, prohibit or restrict the operation of any market union, trade or commodity association or any other trade combination by whatever name called, which, in the opinion of the Governor, creates artificial scarcity in any article of food thereby inflating the price of such article.

(2)     Any market union, trade or commodity association or any other trade combination which after an order made by the Governor and published in the Gazette, fails to comply with the prohibition or restriction order made under subsection (1) of this section shall be guilty of an offence under this Law and shall be liable on first conviction to a fine of ₦500.00 or to imprisonment for a term of two years or to both such fine and imprisonment; and for a subsequent conviction to a fine of ₦800.00 or to imprisonment for a term of three years or to both such fine and imprisonment.

2. (1) Any person who by intimidation, force, threat of force, fraud or coercion induces any other person to become a member of any market union, trade or commodity association or other trade combination with the intent to inflate the price of any article of food by—

(a)     restricting the supply of any food article;

(b)     restricting the number of persons to trade in any market at any given day and at any give time;

(c)     fixing the sale price of any food article;

(d)     collecting any rent, fee or charge, by whatever name called, in money or money’s worth in respect of any food article;

(e)     prohibiting non-union, trade or commodity association or other trade combination members from selling directly in the market;

(f)      prohibiting non-union, trade or commodity association or other trade combination members from purchasing any food article in bulk or otherwise;

(g)     engaging in any other market union, trade or commodity association or other trade combination activities which results in an increase in the price of any article of food by restricting its supply, shall be guilty of an offence under this Law.

(2)     For the purposes of this section any person who induces any other person to become a member of any market union, trade or commodity association or other trade combination which carried on any activity which has or is likely or tends to have the effect of inflating the price of any article of food shall be deemed to have done so with intent to inflate the price of that article, and the onus of proving otherwise shall be on that person.

3. Determination of where articles of food may be bought or sold

Any person who determines or purposes to determine where any article of food may be sold or bought in a market or elsewhere so that the price of such article is inflated is guilty of an offence under this Law.

4. Any person who deceives, or knowingly dishonestly or fraudulently misleads the Government or its agents or the Council or its officers and thereby causes inflation in the price of any article of good is guilty of an offence under this Law.
5. Where any person convicted of an offence under this Law is a body corporate, it shall be liable to the penalties prescribed there for and in addition every person being a chief executive, secretary or other chief officer (by whatever named called) of the body corporate who at the time of the commission of the offence initiated or was privy to, concerned in or otherwise consented to the act or omission which constitutes the offence, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
6. Power to close illegal markets

Where it is desirable or expedient in the public interest to do so the Governor may by notice published in the Gazette declare a market illegal and shall order its closure within thirty days, and any person who operates in such a market at the expiration of such time limit shall be guilty of an offence.

7. Penalties

Any person guilty of an offence under this Law shall, where no other provision is made, be liable—

(a)     on first conviction by a magistrate’s court to a fine of ₦200.00 or to imprisonment for a term of one year, or to both;

(b)     on a subsequent conviction by a magistrate’s court to a fine of ₦400.00 or to imprisonment for a term of two years, or both.

8. Interpretation

In this Law, unless the context otherwise requires—

“council” means a local government council;

“food” includes any article, other than drugs, used by man for food or drinks;

“functions” includes powers and duties;

“Gazette” means the State Gazette;

“Government” means the Government of the State;

“market” means any place, approved by the Government or council, to which members of the public resort for the purpose of buying and selling;

“market union, trade or commodity association or other trade combination” means

any body of persons (corporate or unincorporated) consisting of producers, retailers, purchasers, middlemen or other groups of individuals or corporate bodies or of any combination thereof which controls or is capable of controlling the supply of articles of food in any market;

“State” means the Cross River State.

9. Citation

This Law may be cited as the Market Union and Trade Association (Prohibition) Law.

CHAPTER M3

MARKET UNION AND TRADE ASSOCIATION (PROHIBITION) LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation