CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
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EXPLANATORY MEMORANDUM
This Act [which has been amended by the Customs and Exercise Management Act, 2003] seeks to regulate the management and collection of duties of customs and excise, and for purposes ancillary thereto
PART I.- PRELIMINARY
PART II. –ADMINISTRATION
PART III. – IMPORTATION. EXPORTATION AND CARRIAGE
IMPORTATION OF GOODS
PROVISIONS AS TO DUTY ON IMPORTED GOODS
OFFENCES IN RELATION TO IMPORTATION
OFFENCES IN RELATION TO EXPORTAT1ON
CARRIAGE OF GOODS COASTWISE
ADDITIONAL PROVISIONS AS TO INFORMATION, PASSENGERS, ETC.
GENERAL
PART IV. -WAREHOUSES AND GOVERNMENT WAREHOUSES
PART V. – SPIRITS
MANUFACTURE OF METHYLATED SPIRITS
PART VI. – BEER
PART VII. – TOBACCO
PART VIII. – OTHER GOODS SUBJECT TO EXCISE DUTY
PART IX. – EXCISE LICENCES, ENTRIES, ETC.- GENERAL
GENERAL PROVISIONS AS TO ENTRY OF PREMISES, ETC.
GENERAL PROVISIONS AS TO EXCISE TRADERS
PART X. – DUTIES AND DRAWBACKS
PART XI. – GENERAL
GENERAL OFFENCES
PART XII. – FORFEITURE AND LEGAL PROCEEDINGS
GENERAL PROVISIONS AS TO LEGAL PROCEEDINGS
PART XIII.- MISCELLANEOUS
FIRST SCHEDULE – Value of Imported Goods
SECOND SCHEDULE – Form of Warrant of Distress
THIRD SCHEDULE – Provisions relating to forfeiture
CITATION
An Act to regulate the management and collection of duties of customs and excise, and for purposes ancillary thereto
[COMMENCEMENT [1st April, 1959]
PART I. — PRELIMINARY
“Drawback” means a refund of all or part of any duty of customs or excise authorised under this Act in respect of goods exported or used in a manner or for a purpose prescribed as a condition of drawback;
“Drawback goods” means goods in the case of which a claim for drawback has been or is to be made;
“Duty” includes any royalty or levies leviabIe by the Board by virtue of any enactment;
“Enactment” includes an Act of the National Assembly;
“Examination station” has the meaning assigned by section 17;
“Excise trader” means any person carrying on a trade or business subject to any provision of the excise laws, whether or not that trade or business is a trade or business for the carrying on of which any excise license is required;
“Exporter”, in relation to goods for exportation or for use as stores, includes the shipper of the goods and any person performing in the case of an aircraft functions corresponding to those of a shipper;
“Factory”, in relation to the manufacture of tobacco, means the premises in which such tobacco is manufactured;
“Goods”’ means all kinds of articles, produce wares, merchandise and livestock and includes money stores, baggage and mail;
“Government warehouse” means any place provided by the Government and appointed by the Board for the deposit of goods for the security thereof and of duties chargeable thereon;
“Gravity”’ and “original gravity” have the meanings assigned by section 114;
“Importer”, in relation to any goods at any time between their importation and the time when they are cleared, includes any owner or other person for the time being possessed of or beneficially interested in the goods;
“Land” and “landing” in relation to aircraft including alighting on water;
“Master”, in relation to a ship, includes any person having or taking charge of or commanding of the ship;
“Minister”, means the Minister charged with responsibility for matters relating to internal affairs “Ministry” shall be construed accordingly;
“Officer”, means any person employed in the Department of Customs and Excise, or for the time being performing duties in relation to customs or excise;
“Owner”, in relation to any goods, includes any person who is for the time being entitled to possession of the goods; and in relation to a ship, aircraft or vehicle, inc1udes the chartrer, operator or hirer;
“Per cent of pure alcohol” means the percentage of ethyl alcohol by volume at fifteen point five six degrees Centigrade or sixty degrees Fahrenheit;
“Perfect entry”, means an entry made in accordance with section 27;
“Place”, includes any point or area on land or sea or inland waters;
“Prohibition”, in relation to goods, means any prohibition or restriction on the importation, exportation or coastwise of goods imposed by or under this or any other enactment; and “prohibited” shall be construed according1y;
“Proper officer”, means any officer whose right or duty it is to require the performance of, or to perform, the act referred to;
“Proprietor”, in relation to any goods, includes any owner, importer, exporter, shipper or other person for the time being possessed of or beneficially interested in those goods;
“Ship”, includes any boat, hovercraft or other vessels;
“Spirits”, means ethyl alcohol and includes all liquors mixed with ethyl alcohol and all mixtures compounded with or prepared front ethyl alcohol which on analysis a of sample thereof at any time is found to contain not less than two point five per cent of pure alcohol, but does not include methylated spirits or other denatured spirits, or wine, beer, cider, perry or other fermented liquors which do not contain more than twenty per cent of pure alcohol;
“Spirits manufacturer” means a person holding an excise license as such;
“Stores”, means goods for use in a ship or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate use or fitting;
“Tobacco manufacturer”, means a person holding an excise license as such;
“Tons register”, means the tons of a ship’s net tonnage as ascertained and registered according to the Tonnage Regulations of the Merchant Shipping Act, or, in the case of a ship which is not registered;
“Transshipment”, in relation to goods, means transshipment for re-exportation;
“Transit”, in relation to goods, means transit through Nigeria;
“Transit goods”, means imported goods entered on importation for transit or transhipment;
“Vehicle”, includes a railway vehicle;
“Warehouse, except in the expression “Government warehouse”, means a building licensed by the Board under section 82 and “warehoused” and cognate expressions shall be construed accordingly;
“Wine”, includes any liquor made or sold as a description of wine or as substitute for wine and which on analysis of a sample thereof at any time is found to contain not more than twenty-four point five per cent of pure alcohol, but does not include palm wine or any other wine of a kind (produced somewhere than upon the licensed premises of a distiller for sale) which the Board accepts as produced by local methods in or about Nigeria;
PART II. – ADMINISTRATION
(2) The constitution, proceedings and functions of that Board are provided for under, sections 2 and 3 of that Act.
(2) Any power conferred and any duty imposed upon the Board may be exercised or performed by the Board or by an officer authorised generally or specifically in that behalf by the Board.
(3) Notwithstanding the provisions of subsection (2) of this Act, the Board may, at any time and at its discretion, reverse or otherwise modify any decision of any proper officer affecting any imported, exported or excise goods, whether or not the discretion to make the decision was conferred on the officer by the customs and excise laws or whether or not the officer was authorised by the Board to make the decisions; and the reversal or modification of the decision by the Board shall have effect as if it were the original decision made in respect of the matter concerned.
Provided that the Minister shall not give any direction, order or instruction in respect of any particular person which would have the effect of requiring the Board to increase or decrease any assessment of duty made or to be made or any relief given or to be given or to defer the collection of any duty or judgment debt due, or which would have the effect of initiating, forbidding the initiation of, withdrawing or altering the normal course of any proceedings whether civil or criminal relating either to the recovery of any duty or to any offence under the customs and excise laws.
(2) In any proceedings whether civil or criminal under the customs and excise laws any act matter or thing done by or with the authority of the Board in pursuance of the said laws sha1l not be subject to challenge on the ground that such act, matter or thing was not or was not proved to be in accordance with any direction, order or instruction given by the Minister.
(a) for the purposes of the customs and excise laws; or
(b) as required by any other enactment; or
(c) as otherwise authorised by the Minister,
he shall be liable to a fine of two hundred naira or to imprisonment for six months, or to both.
(2) Any proceedings for an offence under this section may be taken by or in the name of the Director but not by any other person except with the consent of the Attorney-General Federation.
(3) A person who is or has been a member of the Board or has been employed in the Ministry, except with the consent of the Minister, be required to divulge to any court any such information or to produce in any court any such document as is referred to in subsection (1) of this section, except as may be necessary for the purpose of carrying into effect any provision of the customs and excise laws or in order to institute a prosecution or other legal proceedings, or in the course of a prosecution or other legal proceedings, under the customs and excise laws.
(a) prescribe the hours between which offices of customs and excise are to be open or officers are to be available for the performance of particular duties; and
(b) direct the form and manner in which a request for an extension of the hours prescribed under paragraph (a) this subsection shall be made to the proper officer and the fees which shall be paid for any such extension granted.
(2) The proper officer may, in his discretion, grant or ref any request for an extension of hours under this section.
(a) obstructs, hinders, molests or assaults any person duly engaged in the performance of any duty or the exercise of any power imposed or conferred on him by customs and excise laws, or any person acting in his aid; or
(b) does anything which impedes or is intended to impede the carrying out of any search for any thing liable to forfeiture under the customs and excise laws or the detention, seizure or removal of any such thing; or
(c) rescues, damages or destroys any thing so liable to forfeiture or does anything intended to prevent the procuring or giving of evidence as to whether or not any thing is so liable to forfeiture; or
(d) prevents the, arrest of any person by a person duly engaged or acting as aforesaid or rescues any person so arrested, he shall be liable to a fine of one thousand naira or to imprisonment for two years, or to both.
PART III. —IMPORTATION EXPORTATION AND CARRIAGE COASTWISE
CUSTOMS PORTS. CUSTOMS AIRPORTS. CUSTOMS STATIONS ETC.
(2) Any area designated under this Section is in this Act referred to as a “customs port”.
(3) Any appointment of a port for the purposes of the customs laws in force immediately before the commencement this Act shall have effect as if it were a designation of a custom port made under this section.
(4) Except as permitted in writing by the Board, the master of a ship entering Nigeria by sea from any place outside Nigeria shall not cause or permit the ship to call at any place therein other than a customs port, and any person importing or concerned in importing any goods by sea shall not bring the Nigeria at any place other than a customs port.
(5) Except as permitted in writing by the Board, a person shall not export or be concerned in exporting by sea any goods from any place in Nigeria other than a customs port, and the master of a ship shall not cause or permit the ship to depart on a voyage by sea to a place outside Nigeria from any place in Nigeria other than a customs port, or, whilst the ship is engaged on such a voyage, to call at any place in Nigeria other than a customs port.
(6) Subsections (4) and (5) of this Act shall not apply in relation to a ship entering or departing from Nigeria which is compelled by accident, stress of weather or other unavoidable cause to call at a place other than a customs port, but the master of any such ship —
(a) shall immediately report the circumstances which caused the ship to call at such place to an officer or police officer and on demand produce to him the documents relating to the ship, its cargo and passengers;
(b) shall not without the consent of an officer or police officer permit any goods to be unloaded, or any of the crew or passengers to land, from the ship;
(c) shall comply with any directions given by an officer or police officer with respect to any such goods, and no passenger or member of the crew shall without the consent of an officer or police officer land from the ship:
Provided that nothing in this subsection shall prohibit the landing or unloading of passengers, crew or goods from a ship where that landing or unloading is necessary for reasons, health, safety or the preservation of life or property.
(7) Any person who contravenes or fails to comply with any provision of this section shall be liable to a fine of four hundred naira or to imprisonment for six months, or to both.
(a) approve for such periods and subject to such conditions and restrictions as it sees fit, places in any customs port for the loading and unloading of goods or of any class or description of goods, and any place so approved is in this Act referred to as an “approved wharf”;
(b) at any time for reasonable cause, revoke or vary the terms of any approval given under this section.
(2) Any appointment or allowance of a place at customs port as an approved place of unloading, an approved place of loading or a sufferance wharf in force immediately before the commencement of this Act shall have effect as if it were an approval of that place as an approved wharf under this section on the same terms as that appointment or allowance.
(3) Any person who contravenes or fails to comply with any conditions or restriction imposed under this section shall be liable to a fine of two hundred naira.
(2) Except as permitted in writing by the Board, the commander of an aircraft entering Nigeria from a place outside Nigeria shall not cause or permit it to land for the first time after its arrival therein at any other place than a customs airport, and any person importing any goods in any aircraft shall not bring the goods into Nigeria at any place other than a customs airport.
(3) Except as permitted in writing by the Board, a person shall not depart on a flight to a place outside Nigeria from any place inside Nigeria other than a customs airport and the commander of an aircraft engaged in a flight from Nigeria to a place outside Nigeria shall not cause or permit it to land at any place in Nigeria other than a customs airport specified in the application for clearance for that flight.
(4) Subsections (2) and (3) of this Act, shall not apply in relation to any aircraft flying to or from any place outside Nigeria which is required under or by virtue of any enactment relating to air navigation, or is compelled by accident, stress of weather or other unavoidable cause, to land at a place in Nigeria other than a customs airport, but the commander of any such aircraft —
(a) shall immediately report the landing to an officer or police officer, and on demand produce to him the Journey log book or document in lieu thereof belonging to the aircraft;
(b) shall not, without the consent of an officer or police officer, permit any goods to be unloaded from, or any of the crew or passengers to depart from the vicinity of, the aircraft; and
(c) shall comply with any directions given by an officer or police officer with respect to any such goods, and no passenger or member of the crew of the aircraft shall without the consent of an officer or a police officer leave immediate vicinity of the aircraft;
Provided that nothing in this subsection shall prohibit the departure of crew or passengers from the vicinity of, or the removal of goods from, an aircraft where that departure or removal is necessary for reasons of health, safety or the preservation of life or property.
(5) Any person who contravenes or fails to comply with any provision of this section shall be liable to a fine of four hundred naira, or to imprisonment for six months, or to both.
(6) The provisions of this Act relating to aircraft shall apply in relation to any aircraft belonging to or employed the service of the Government of the Federation other than a military aircraft commanded or piloted by a person who is serving as a member of armed forces of Nigeria.
In this subsection the expression “military-aircraft” has the meaning assigned by regulation 84 of the Civil Aviation (Air Navigation) Regulations.
(a) approve for such periods and subject to such conditions and restrictions as it sees fit a part of or a place at, any customs airport for the loading and unloading of goods and any such part or place so approved is in this Act referred to as 10 as an “examination station”
(b) at any time for reasonable cause revoke or vary the terms of any approval given under this section.
(2) Any person who contravenes or fails to comply with any condition or restriction imposed under this section shall be liable to a fine of two hundred naira.
(a) restricting the importation or exportation by land or inland waters of all goods or of any class or description of goods to such hours and such routes (in this Act referred to as “approved routes”) as may be prescribed by the regulations;
(b) appointing places for the examination and entry of and payment of any duty chargeable on any goods being imported or exported by land or inland waters (in this Act referred to as “customs stations”).
(2) If any person contravenes or fails to comply with any regulation made under this section he shall be liable to a fine of two hundred naira and any goods in respect of which the offence was committed shall be forfeited.
(2) Any such directions may include directions requiring that any such goods shall be moved only by such routes, by such persons, in such ships, aircraft or vehicles or by such other means as may be approved by the Board for that purpose, and any such approval may be granted for such period and subject to such conditions and restrictions as the Board may think fit and may be revoked at-any time by the Board.
(3) Any person who contravenes or fails to comply with any direction given or condition or restriction imposed under this section shall be liable to a fine of two hundred naira.
(a) approve, for such periods and subject to such conditions and restrictions as it sees fit, places for the deposit of goods brought to a particular customs port, customs airport or customs station and not yet cleared, including goods not yet reported and entered under this Act and any place so approved is in this Act referred to as a “customs area”;
(b) prescribe the rent to be paid while goods are deposited in a customs area provided by the Government;
(c) at any time for reasonable cause, revoke or vary the terms of any approval given under this section.
(2) Any person who contravenes or fails to comply with any condition or restriction imposed under this section shall be liable to a fine of two hundred naira.
(a) permit in officer to board the ship, aircraft or vehicle and to inspect it and any goods carried therein and any documents relating to the ship, aircraft or vehicle or to the goods or persons carried therein,
(b) answer all such questions as an officer may put to him concerning the ship, aircraft or vehicle or its voyage flight or journey, or the goods or persons carried therein,
(2) An officer shall have the right of access at any time to any place to which access is required for the purposes of subsection (1) of this section.
(3) If the master of any ship or the commander of any aircraft or the person in charge of any vehicle neglects or refuses to provide means of safe access to and egress from the ship, aircraft or vehicle when required so to do, or refuses to any question put to him, by an officer under section he shall be liable to a fine of four hundred naira or to imprisonment for six months, or to both.
(4) An officer who has boarded a ship, aircraft or vehicle under this section may
(a) remain therein for any period;
(b) lock up, seal, mark or otherwise secure any goods carried therein or any place or container in which they are so carried;
(c) require any goods to be unloaded and removed for examination or for the security thereof or unload and remove such goods for such purpose at the expense of the master of the ship, commander of the aircraft or person in charge of the vehicle;
(d) require any container, locker or place to be opened and, without being liable to any prosecution or action at law for so doing, break open any such container, locker or place which is not opened on demand.
(5) Where an officer in exercise of the power conferred by paragraph (a) of subsection (4) of this section who has boarded a ship remains there for more than twelve hours, it shall be the duty of the master of the ship to provide that officer with free boarding and lodging.
(6) Any goods found concealed on board the ship, aircraft or vehicle shall be forfeited.
(7) Where, in pursuance of any power conferred by this Act, an officer has placed any lock, mark or seal upon any goods in any ship, aircraft or vehicle, or upon any place or container in which such goods are kept, then if, without the authority of the proper officer, at any time while the ship, aircraft or vehicle is within Nigeria that lock, mark or seal is willfully opened, altered or broken, or if, before that lock, mark or seal is lawfully removed, any such goods have been carried away, the master of the ship or commander of the aircraft or person in charge of the vehicle shall be liable to a fine of two hundred naira.
(2) The person in control of an aerodrome licensed under any enactment relating to air navigation and, if so required by Board, the person in control of any other aerodrome shall —
(a) keep a record in such form as the Board may approve of all aircraft arriving at or departing from the aerodrome;
(b) keep such record available and produce it on demand to any officer, together with all other documents kept at the aerodrome which relate to the movement of aircraft; and
(c) permit any officer to make copies of and take extracts from any such record or document.
(3) Any person who contravenes or fails to comply with any of the provisions of this section shall be liable to a fine of four hundred naira.
(2) Any person who contravenes any instructions given under subsection (1) of this section shall be liable to a fine of four hundred naira or to imprisonment for six months, or to both; and if an aircraft flies in contravention of any such instruction or notwithstanding any steps taken to prevent the flight, the operator of the aircraft and the commander thereof shall, without prejudice to the liability of any other person under this subsection, each be similarly liable unless he proves that the flight took place without his consent or connivance.
IMPORTATION OF GOODS
(a) prohibit the importation of any specified goods;
(b) prohibit the importation of all goods or any specified goods except as provided in the Order;
(c) subject to any specified exceptions, prohibit the importation of all goods except with the general or special permission in writing of a specified authority or authorities.
(2) Where any goods imported in transit or for transhipment or as stores would, but for the provisions of subsection (1) of this section, be goods for the importation of which is prohibited, such goods shall be duly exported within such time as the Board may direct, and any such goods which are not so exported shall be forfeited.
(3) Goods imported in transit or for transhipment shall not be entered for use in Nigeria unless written authorisation from the consignor and the consignee that the goods may be so treated are produced to the proper officer.
(4) Goods imported into Nigeria for home use shall not be entered in transit or for transhipment.
(2) This section shall apply to every ship or vehicle arriving at any place in Nigeria by sea, lad or inland waters —
(a) from any place outside Nigeria; or
(b) carrying any goods brought in that ship from some place outside Nigeria and not yet cleared on importation.
(3) This section shall apply to every aircraft arriving at any place in Nigeria —
(a) from any place outside Nigeria; or
(b) carrying passengers or goods taken on board that aircraft at a place outside Nigeria, being outside Nigeria, being passengers or goods either —
(i) bound for a destination in Nigeria and not already cleared at a customs airport, or
(ii) bound for a destination outside Nigeria.
(4) The Minister may make regulations prescribing the procedure for making report under this section and the time within which such report shall be made, and different regulations may be made with respect to importation by sea, air or land and inland waters respectively.
(5) If the person by whom the report should be made fails to make report as required by or under this section, he shall be liable to a fine of two hundred naira; and any goods required to be reported which are not duly reported may be detained by the proper officer until so reported or until the omission is explained to the satisfaction of the Board, and may in the meantime be deposited in a Government warehouse.
(6) The person making the report shall at the time of making the report, answer all such questions and produce all such documents in his possession or control relating to the ship, aircraft or vehicle, the goods carried therein, the crew and passengers and the voyage, flight or journey as may be put to him or required by the proper officer; and if such person refuses to answer any such question or to produce any such document he shall be liable to a fine of two hundred naira.
(7) If at any time after a ship, aircraft or vehicle carrying goods brought therein from any place outside Nigeria enters Nigeria and before report has been made under this section —
(a) bulk is broken; or
(b) any alteration is made in the stowage of any goods carried so as to facilitate the unloading of any part thereof; of
(c) any part of the goods is staved, destroyed or thrown overboard or any container is opened, without the knowledge and consent of the proper officer, the master of the ship or the commander of the aircraft or the person in charge of the vehicle shall, unless the matter be explained to the satisfaction of the Board, be liable to a fine of two hundred naira.
(8) The person administering the area within which the discharge of the ship, aircraft or vehicle took place or, where there is no such person, the owner of the ship, aircraft or vehicle shall deliver to the proper officer within two days of the date of completing discharge, a tally slip, giving full and accurate account of all the goods carried or unloaded from the ship, aircraft or vehicle.
(9) The Board may, at its discretion by notice in writing, require additional information in respect of such goods in the ship, aircraft or vehicle as it may deem necessary.
(10) If any person fails to comply with the provisions of subsection (8) of this section or fails to give the additional information required by the by the Board he shall be liable to a fine of four hundred naira.
Provided that this subsection shall not apply in relation to passengers accompanied baggage unless the proper officer, in any particular case, so requires.
(2) Goods may be entered under this section —
(a) for use in Nigeria; or
(b) for warehousing; or
(c) for transit; or
(d) for transhipment, if so eligible.
(3) With the permission of the Board, goods may be entered under this section prior to importation.
(2) Upon such examination having been made, the importer may deliver to the proper officer an entry of such goods for use in Nigeria, if so eligible, or for warehousing, if so eligible, notwithstanding the, absence of any, or of sufficient, documentary evidence concerning them, and if the proper officer is satisfied that the description of the goods contained in such entry is correct, and also —
(a) in the case of goods liable to duty ad valorem, that the value declared on the entry is approximately correct, or
(b) in the case of goods liable to duty according to weight, quantity, measurement or strength, that the weight, quantity, measurement or strength declared is correct,
such entry shall, subject to the provisions of section 29 of this Act, be deemed to be a perfect entry, but if the proper officer is not satisfied as aforesaid he may reject such entry, in which case the goods shall be deemed to be un-entered goods.
(3) Nothing in this section shall permit the entry of any goods in respect of which evidence of origin is required by or under this or any other Act unless such evidence is produced to the satisfaction of the proper officer.
(a) are entered for use in Nigeria in accordance with the provisions of section 28 of this Act; or
(b) having been entered for warehousing in accordance with the provisions of section 28 of this Act are further entered for use in Nigeria, and are liable to duty ad valorem, the proper officer may require the importer to make provisional payment at the time of delivering the entry for use in Nigeria of such sum as the proper officer may require to be deposited as security for the payment of any amount which may be payable by way of duty; and such sum shall be deemed to be the duty payable unless the importer within three months from the delivery of the entry for use in Nigeria, or such longer period as may be allowed by the Board, produces to the proper officer such evidence or such further evidence concerning the goods as he may require.
(2) Where the importer produces such evidence or such further evidence concerning the goods in accordance with the provisions of subsection (1) of this section, then —
(a) if the amount of the provisional payment is more than the full amount of the duty, the difference shall be refunded to the importer; or
(b) if the amount of the deposit is less than the full amount of the duty, the difference shall thereupon be paid by the importer to the proper officer.
(a) if they could lawfully be imported as merchandise, may be entered and otherwise treated as if they were goods imported in that ship or aircraft; or
(b) in any other case may be entered for transhipment or warehousing:
Provided that any goods entered for warehousing by virtue of paragraph (b) of this section, shall not, except with the written permission of the Board, be further entered, or be removed from the warehouse, otherwise than for use as stores.
(2) On the receipt of the list specified in subsection (1) of this section, the person administering the area, or where there is no such person, the owner of the ship, aircraft or vehicle, or his agent, shall immediately transfer all such goods to the Government warehouse or to such other place as the proper officer may approve.
(3) If any person fails to comply with the provisions of subsection (2) of this section he shall be liable to a fine of four hundred naira.
(4) Where any imported goods remain un-entered at the expiration of fourteen days from the date of completion of discharge of the importing ship, aircraft or vehicle, the proper officer may direct the person administering the area within which the discharge of the ship, aircraft or vehicle took place or, where there is no person administering such area, the owner of the ships aircraft or vehicle or his agent to remove or store all or any such goods to or at a Government warehouse or such other place as the proper officer may approve. If any person fails to comply with any such direction within twenty-four hours after such direction is given he shall be liable to a fine of twenty-four hours after such direction is given he shall be liable to a fine of fifty naira and the proper officer may cause all or any such goods to be removed to a Government warehouse or such other place as he may approve.
(5) Where under subsection (1) or (4) of this section, goods are removed to or stored at a place approved by the proper officer such place shall be deemed to be a Government warehouse and such goods shall be deemed to have been removed to and deposited in a Government warehouse.
(6) Where any goods which have been reported in any ship, aircraft or vehicle but have not been released by the proper officer nor removed to a Government warehouse are not produced to the proper officer on demand, such goods shall be deemed to have been imported and removed for use in Nigeria and, without prejudice to any remedy in respect of any contravention of this or any other Act in respect of such goods, the person responsible shall, if so required by the proper officer within one year from the date of the report of such goods, pay any duty chargeable on the importation of such goods, unless he proves to the satisfaction of the Board that the goods have not been imported.
(7) In subsection (6) of this section “person responsible” means —
(a) in respect of goods shown to the satisfaction of the Board to have been unloaded into an area administered by any person other than the agent or owner of the ship, aircraft or vehicle concerned or an officer in the service of the Government of the Federation, the person administering that area;
(b) in respect of any other goods the owner of the ship, aircraft or vehicle concerned.
(a) in the case of goods which are in the opinion of the Board of a perishable nature, forthwith;
(b) in any other case, within fourteen days after they have been so removed or such longer time as the Board may in any case allow, the Board may sell them.
(2) Imported goods which have been carried coastwise by virtue of this section shall not be unloaded before due entry thereof has been made, except where the goods are unloaded for deposit in a customs area and duly deposited therein. If any goods are unloaded in contravention of this subsection, or are dealt with contrary to any condition or restriction imposed under subsection (1) of this section, they shall be forfeited, and the master of the ship shall be liable to a fine of two hundred naira.
(2) Imported goods which have been carried from one customs airport to another customs airport by virtue of this section shall not be unloaded except at an examination station or removed from an examination station until due entry thereof has been made, except where the goods are to deposit in a customs area and duly deposited therein. If any goods are unloaded or removed in contravention of this subsection, or are dealt with contrary to any condition or restriction imposed under subsection (1) of this section, they shall be forfeited and the commander of the aircraft shall be liable to a fine of four hundred naira.
(2) Section 31(8) of this Act shall apply for the purpose of determining any duty payable under subsection (1) of this section as it applies for the purpose of determining any duty payable under section 31(6) of this Act.
(a) any expenses properly incurred in watching and guarding the goods beyond the said period; and
(b) where the goods are removed by virtue of any provisions of this Act from the ship, aircraft or vehicle to a Government warehouse, the expenses of that removal, have been repaid to the Board.
(2) Where, in the case of any derelict or other ship or aircraft coming, driven or brought into Nigeria under legal process of weather or for safety, or in the case of any vehicle which suffers any mishap, it is necessary to station any officer in charge thereof, whether on board or otherwise, for the protection of the revenue; the proper officer may detain that ship, aircraft or vehicle until any expenses thereby incurred have been repaid to the Board.
(a) prescribing the procedure to be followed by a ship arriving at a customs port, an aircraft arriving at a of customs airport, a ship conveying goods into Nigeria goods by inland waters or a vehicle or person conveying goods into Nigeria by land;
(b) regulating the unloading, landing, movement and removal of goods on their importation, and different regulations may be made with respect to importation by sea, air or, land and inland waters respectively.
(2) If any person contravenes or fails to comply with any under this section or with any direction given by the Board or the proper officer pursuance of any such regulation, he liable to a fine of two hundred naira, and any goods respect of which the offence was committed shall be forfeited.
PROVISIONS AS TO DUTY ON IMPORTED GOODS
(2) The duties of customs and the rates thereof chargeable on imported goods—
(a) if entry is made thereof, except where the entry is for warehousing, shall be those in force with respect to such goods at the time of delivery of the entry;
(b) if entry is made thereof for warehousing, shall be ascertained as provided in section 94 of this Act;
(c) if no entry is made thereof, shall be those in force with respect to such goods at the time of their importation.
(a) that any duty of customs or excise with which the goods were chargeable prior to their exportation has been paid;
(b) that no drawback of any such duty was allowed on exportation, or that any drawback so allowed has been repaid to the Board;
(c) that such goods have not been subjected to any process outside Nigeria since their exportation, or if they have been so subjected have not undergone any change in their form or character and are not at the time of re-importation chargeable with duty ad valorem; and
(d) that the person who exported the goods gave notice in writing of his intention to export the goods and produced them for identification at the place from which they were exported to the proper officer, or in the case of exportation by post; to the proper postal authority;
Provided that the Board may, in its discretion, direct that this paragraph shall not apply in any particular case where in the opinion of the Board its application would involve hardship.
(2) In the case of any goods which would be allowed to be delivered without payment of duty under the provisions of subsection (1) of this section but for the fact that they are at the time of re-importation chargeable with duty ad valorem, the value of such goods for duty purposes shall be taken to be the amount by which their value has been increased by the process to which they have been subjected.
(2) The President may by Order declare that the provisions of subsection (1) of this section shall not apply to any goods specified in such order.
(2) Where by virtue of any provision of the customs laws any imported goods chargeable with duty are allowed to be delivered on importation, or removed from warehouse, for a specified use or purpose, or subject to a condition that they will not be sold or will be re-exported or any like condition—
(a) without payment of duty; or
(b) on payment of duty at a reduced rate, such goods shall not be used or dealt with in any way contrary to the use, purpose or condition for or subject to which such goods were delivered or removed as aforesaid, except with the permission of the Board and after payment of the full duty thereon or such proportion thereof as it may direct.
(3) Any person who knowingly uses or deals with any goods in contravention of subsection (1) or (2) of this section shall be liable to a fine of six times the value of the goods or four hundred naira whichever is the greater; and any goods used or dealt with in contravention of this section shall be forfeited.
(4) The provisions of this section shall apply whether or not any undertaking or security has been given for the observance of the specified use or purpose or the condition or for the payment of the duty payable apart there from, and the forfeiture of the goods under this section shall not affect the liability of any person who has given any such undertaking or security.
(a) any imported goods are, apart from this section, chargeable with a duty of customs in accordance with a duty of customs in accordance with the provisions of the Customs, Excise Tariff, Etc. (Consolidation) Act provides that, subject to certain safeguards, the duty on goods of which a part or ingredient is a dutiable article or dutiable articles shall be charged as if the goods consisted wholly of that article, or of such of those articles as is chargeable with the highest rate of duty); and
(b) it appears to the Board inequitable that the goods should be so chargeable, then, subject to the provisions of that Act —
(i) the goods shall be treated as comprising only those articles which form a part or ingredient of the goods and which would be chargeable with such a duty if imported separately (excluding any of them of which, in the opinion of the Board, the quantity is negligible); and
(ii) the amount of the duty in respect of the goods shall be the amount or aggregate amount which would have been chargeable on the article or articles taken into account in accordance with paragraph (i) of this section if it or they had been imported separately.
(2) The Board may require any importer or other person concerned with the importation of goods to furnish to the Board, in such form as it may require, such information as is in the opinion of the Board necessary for a proper valuation thereof, and to produce any books of account or other documents of whatever nature relating to the purchase, importation or sale of the goods by that person.
OFFENCES IN RELATION TO IMPORTATION
(a) except as provided by or under this Act any imported goods, being goods chargeable with a duty of customs, are without payment of that duty landed or unloaded in Nigeria, or removed from their place of importation or from any approved wharf, examination station, customs station or customs area; or
(b) any goods are imported, landed or unloaded contrary to any prohibition; or
(c) any goods, being goods chargeable with any duty or goods the importation of which is prohibited, are found, whether before or after the unloading thereof, to have been concealed in any manner on board any ship or aircraft or in any vehicle; or
(d) any goods are imported concealed in a container holding goods of a different description; or
(e) any imported goods are concealed or packed in any manner appearing to be intended to deceive an officer; or
(f) any imported goods are found, whether before or after delivery, not to correspond with the entry made thereof, those goods shall be forfeited.
(a) lands, or unloads in Nigeria, or removes from their place of importation or from any approved wharf , examination station, customs station or customs area —
(i) any goods chargeable with a duty which has not been paid; or
(ii) any goods imported contrary to any prohibition; or
(b) assists or is otherwise concerned in such landing, unloading or removal; or
(c) imports or is concerned in importing any goods contrary to any prohibition whether or not the goods are landed or unloaded, then, if he does so with intent to evade any such duty or any prohibition, he shall be sentenced to imprisonment for five years without the option of a fine.
(2) If any person —
(a) imports or causes to be imported any goods concealed in a container holding goods of a different description; or
(b) directly or indirectly imports or causes to be imported or entered any goods found, whether before or after delivery, not to correspond with the entry delivered thereof, he shall be sentenced to imprisonment for five years without the option of a fine.
EXPORTATION, STORES AND CLEARANCE OUTWARDS
(a) prohibit the exportation of any specified goods;
(b) prohibit the exportation of all goods or any specified goods except as provided in the Order;
(c) subject to any specified exceptions, prohibit the exportation of all goods except with the general or special permission in writing of a specified authority or authorities.
Provided that —
(i) where the Board is satisfied that the nature of any goods is such that the exact quantity to be loaded into a ship cannot be ascertained until such loading is complete, it shall permit such goods to be loaded into a ship before entry outwards thereof has been delivered subject to the delivery of an entry within forty-eight hours after the loading is complete and such other conditions as it may see fit to impose;
(ii) the Board may, subject to such conditions as it may see fit to impose, relax the requirements of this section in relation to any goods.
(a) goods from warehouse;
(b) transit goods;
(c) any other goods chargeable with any import duty which has not been paid;
(d) drawback goods;
(e) goods the exportation of which is prohibited except as provided under or by virtue of any enactment.
(2) On or before the delivery of an entry outwards of any goods to which this section applies the exporter shall, if so required by the Board, give security to its satisfaction that the goods shall be exported to and discharged at the destination for which they are entered outwards within such time as the Board may consider reasonable or, in the case of goods entered for use as stores, shall be so used, or that they shall be otherwise accounted for to the satisfaction of the Board.
(3) Except with the written permission of the Board, no person shall export, load for exportation or enter outwards any goods to which this section applies in any ship of less than one hundred tons register. Any such goods exported, loaded or entered in contravention of this subsection shall be forfeited; and any person concerned in such exportation, loading or entering shall be liable to a fine of two hundred naira.
(a) any goods are entered outwards for the purpose of being exported from Nigeria; and
(b) the Department of Customs and Excise is satisfied that it is proposed to import those goods into Nigeria within such period as the Department may determine in the case of those goods; the Board may, either unconditionally or on such conditions as the Board may determine, allow the goods to be exported from and subsequently imported into Nigeria without payment of any customs duty.
(a) give notice to the proper officer of the failure to load or export such goods; and
(b) in the case of any good to which section 51 of this Act applies re-warehouse such goods or again enter them for exportation or for use as stores.
(2) If the person who entered the goods fails to comply with any of the provisions of this section he shall be liable to a fine of one hundred naira, and if the goods in respect of which the offence was committed are goods to which section 51 of this Act applies they shall be forfeited.
(2) Any goods loaded for use as stores in any ship or aircraft in contravention of subsection (1) of this section or of any condition imposed there under shall be forfeited.
(3) If any ship or aircraft which has departed for a destination outside Nigeria carrying goods for use as stores fails to reach the destination for which it was cleared outwards and returns to any place within Nigeria and any deficiency is discovered in the said goods which is in excess of the quantity which, in the opinion of the proper officer, might fairly have been consumed, having regard to the period which has elapsed between the departure of the ship or aircraft and the discovery of the deficiency, the master of the ship or commander of the aircraft shal1 be liable to a fine of forty naira fine, shall also pay on the excess deficiency any duty chargeable on the importation of such goods.
(2) The Board may give directions—
(a) as to the procedure for obtaining clearance under this section; and
(b) as to the documents to be produced and the information to be furnished by a person applying for such clearance.
(3) If any ship or aircraft required to be cleared under this section departs from any place in Nigeria without a valid clearance, the master of the ship or commander of the aircraft shall be liable to a fine of one thousand naira.
(a) the proper officer may at any time refuse clearance of any ship or aircraft; and
(b) where clearance has been granted to a ship or aircraft any officer may at any time while the ship or aircraft is within Nigeria demand that the clearance shall returned to him.
(2) Any such demand may be made either orally or in writing on the master of the ship or commander of the aircraft, and if made in writing may be served —
(a) by delivering it to him personally; or
(b) by leaving it at his last known place of abode; or
(c) by leaving it on board the ship or aircraft with the person appearing to be in charge or command thereof.
(3) Where a demand for the return of a clearance is made as aforesaid —
(a) the clearance shall forthwith become void; and
(b) if the demand is not complied with, the master of the ship or the commander of the aircraft shall be liable to a fine of one hundred naira.
57-(1) The Minister may make regulations-
(a) regulating with respect to ships and aircraft respectively the loading of goods for exportation or as stores and the embarking of passengers fur a destination outside Nigeria ;
(b) prescribing the procedure to be followed and the documents to be produced and information to be furnished by any person conveying goods out of Nigeria by land or inland waters ; and
(e) regulating with respect to concessions and privileges granted to some exported goods or stores pursuant to any trade relationship between the Federal Republic of Nigeria or any other country.
(2) A person who contravenes any regulation made under this Section is liable to a fine three times the value of the goods and any goods in respect of which the offence is committed shall be forfeited
(2) If any person fails to comply with any direction given by the Board under this section, he shall be liable to a fine of two hundred naira, and any goods in respect of which the offence was committed shall be forfeited.
(2) The duties of customs and the rates thereof chargeable on exported goods —
(a) if entry outwards is made thereof, shall be those in force with respect to such goods at the time of the signing the entry by the proper officer;
(b) if no entry outwards is made thereof, shall be those in force with respect to such goods at the time of their exportation.
(2) Regulations under this section may make different provision for different circumstances and may contain such incidental and supplemental provisions as the Minister considers expedient for the purposes of the regulations, including in particular provision for the imposition of fines in respect of offences against the regulations (not exceeding a fine of four hundred naira for each offence) and provisions for forfeitures in connection with such offences.
OFFENCES IN RELATION TO EXPORTATION
(a) except as provided by or under this Act any goods chargeable with a duty on exportation are exported without payment of that duty; or
(b) any goods are exported or loaded or exportation or as stores or are brought to any place in Nigeria for the purpose of being exported or loaded as stores and the exportation of such goods is or would be contrary to any prohibition; or
(c) except as provided by or under this Act any goods are loaded into any ship or aircraft for exportation or as stores, or are removed from any customs station for exportation, before entry outwards thereof has been signed by the proper officer; or
(d) any goods, being goods chargeable with any duty on exportation or goods the exportation of which is prohibited, are found after having been loaded for exportation to have been concealed in any manner on board any ship or aircraft or in any vehicle; or
(e) any goods are exported or brought to any place in Nigeria for exportation concealed in a container holding goods of a different description; or
(f) any goods are exported or brought to any place in Nigeria for exportation concealed or packed in any manner appearing to be intended to deceive an officer; or
(g) any goods entered outwards are found, whether before or after loading, not to correspond with the entry made thereof, goods shall be forfeited.
(a) except as provided by or under this Act exports or is concerned in exporting —
(i) any goods chargeable with a duty which has not been paid; or
(ii) any goods contrary to any prohibition; or
(b) loads for exportation or as stores or brings to any place in Nigeria for the purpose of exporting or loading stores any goods the exportation of which is contrary to any prohibition, or assists or is otherwise concerned in such loading or bringing, then, if he does so with intent to evade any such duty or any prohibition, he shall be liable to imprisonment for a term five years without the option of a fine.
(2) If any person —
(a) except as provided by or under this Act, loads or causes to be loaded any goods into a ship or aircraft for exportation or as stores, or removes or causes to be removed any goods from a customs station for exportation before entry outwards thereof has been signed by the proper officer;
(b) exports or causes to be exported, or brings or causes to be brought to any place in Nigeria for exportation, any goods concealed in a container holding goods of a different description; or
(c) directly or indirectly exports or enters outwards or causes to be exported or entered outwards any goods found not to correspond with the entry made thereof, he shall be liable to imprisonment for a term five years without the option of a fine.
(3) Where any goods having been loaded or retained on board any ship, aircraft or vehicle for exportation or as stores are unloaded in Nigeria, then, unless the unloading was authorised in writing by the proper officer and, except where that officer otherwise permits, unless any duty chargeable and unpaid on the goods is paid and any drawback paid in respect thereof is repaid, the master of the ship, commander of the aircraft or person in charge of the vehicle and any person concerned in the unloading, re-loading, landing or carrying of the goods from the ship, aircraft or vehicle without such authority, payment or repayment shall be liable to a fine of six times the value of the goods or four hundred naira, whichever is the greater, and the goods shall be liable to forfeiture.
CARRIAGE OF GOODS COASTWISE
(2) The Board may, from time to time, by notice in the Federal Gazette give directions as to what trade by water between places in Nigeria is or is not to be deemed to be carrying goods coastwise.
(a) prohibit the carriage coastwise of any specified goods;
(b) prohibit the carriage coastwise of any specified goods except as provided in the Order.
(2) Where the goods taken on board a coasting ship are to be carried to different places, the master of the ship shall deliver a separate account relating to the goods taken on board for each such place.
(3) The Board may, subject to such conditions as it sees fit to impose, grant a general transire in respect of any coasting ship and any goods carried therein.
(4) The Board may, subject to such conditions as it sees fit to impose, grant a special transire in respect of any ship exclusively engaged in fishing.
(5) Any such general or special transire may be revoked by the Board by notice in writing delivered to the master or the owner of the ship.
(a) outside such hours as the Board may, by notice in the Federal Gazette, from time to time appoint;
(b) except at an approved wharf;
(c) without the authority of the proper officer; or
(d) on a Sunday or a public ho1iday.
(2) Within twenty-four hours after the arrival of any coasting ship at the place of unloading and before any goods are unloaded, the master shall, by himself or his agent, delivered to the proper officer the transire in respect of the goods to be unloaded.
(a) at any time while they are on board the ship; or
(b) at any place to which the goods have been brought for loading in, or at which they have been unloaded from, the ship, and for that purpose may require any container to be opened or unpacked; and any such opening, unpacking or any repacking shall be done by or at the expense of the master of the ship.
(2) Without prejudice to any other provision of this Act the proper officer —
(a) may board and search a coasting ship at any time during her voyage;
(b) may at any time require the master of a coasting ship to produce or bring to him for examination any document which should properly be on board such ship;
(c) may at any time ask the master of the ship such questions concerning the ship, the goods and persons carried therein and her voyage as he may think fit, and if the master of the ship fails to produce or bring any such document to such officer, or refuses to answer any such question, he shall be liable to a fine of two hundred naira.
(a) a coasting ship departs from any place without a correct account or correct accounts having been duly delivered, except as permitted by the Board or under and in compliance with any conditions imposed on the grant of a general or special transire; or
(b) except for some unavoidable cause, whereof the proof shall lie on the master of the ship, a coasting ship deviates from her voyage; or
(c) a coasting ship deviates from her voyage, or takes on board or discharges any goods at sea, and the master does not report that fact in writing to the proper officer at the first customs port or other place in Nigeria at which the ship arrives thereafter, the master of such ship shall be liable to a fine of two hundred naira.
(2) Any goods which are loaded, carried, unloaded or otherwise dealt with in contravention of any provision of, or of any condition imposed by the Board under section 67 or 68 of this Act shall be forfeited.
(3) If any goods are carried coastwise contrary to any prohibition, or are brought to any place in Nigeria for the purposes of being so carried, then those goods shall be liable to forfeiture and any person concerned in the carriage coastwise or the intended carriage coastwise of such goods shall be liable to a fine of one thousand naira.
ADDITIONAL PROVISIONS AS TO INFORMATION, PASSENGERS ETC.
(2) Where any prohibition is in force with respect to the exportation of goods, or of any particular class or description of goods, to any particular destination, then if any person about to load for exportation or to export any goods, or, as the case may be, any goods of that class or description, in the course of making entry thereof makes a declaration as to the ultimate destination thereof, and the Board has reason to suspect that the declaration is untrue in any material particular, the goods may be detained until the Board is satisfied as truth of the declaration, and if it is not so satisfied the goods shal1 be forfeited.
(3) Any person concerned in the exportation of any goods which are subject to any subject to any such prohibition as aforesaid shall, if so required by the Board, satisfy the Board that those goods have not reached any destination other than that mentioned in the entry outwards delivered in respect of the goods, and if he fails so to do he shall be liable to a fine of six times the value of the goods or four hundred naira, whichever is the greater, unless he proves that he did not consent to or connive at the goods reaching any destination other than that mentioned as aforesaid and that he took all reasonable steps to secure that the ultimate destination of the goods was not other than that so mentioned.
(2) Any such article which is chargeable with any duty and is found concealed or is not declared, arid any article ~which is being brought into or taken out of Nigeria contrary to any prohibition in force with respect thereto, shall be forfeited.
(3) Any person who contravenes or fails to comply with the provisions of subsection (1) of this section shall be liable to a fine of six times the values of the baggage or article in respect of which the offence is committed or four hundred naira, whichever is the greater.
(2) Any person who contravenes any direction given by the Board under this section shall be liable to a fine of one hundred naira.
(2) Without prejudice to the generality of the powers to make regulations conferred by subsection (1) of this section, regulations made there under may in particular —
(a) enable the Board to specify by notice, the manner in which and the period during which any trade may be carried on board any such ship by ship chandlers;
(b) provide for the inspection by officers of the Board of ship chandlers who are on board a ship for the purpose of trade;
(c) prescribe the form of application for and of the ship chandler’s license to be used for the purposes of this section;
(3) Any person contravening or failing to comply with any regulation made under this section shall be liable to a fine of four hundred naira and any goods or article in respect of which the offence was committed shall be liable to forfeiture.
GENERAL
(2) The Board may, in respect of any such ship, grant a license exempting that ship from all or any of the provisions made under this section. If the master of any ship in respect of which such a license has been granted fails to produce such license when required to do so by any officer he shall be liable to a fine of forty naira.
(3) Any such license may be granted for such period, for such purposes and subject to such conditions as the Board sees fit, and may be revoked at any time by the Board.
(4) Any such ship which, except under and in accordance with the terms of a license granted under subsection (1) of this section, is used contrary to any regulation made under this section shall be forfeited.
(5) If, upon boarding any ship not exceeding one hundred tons register, any officer finds any goods for which the master of the ship is unable to account to the satisfaction of that officer, then, if that officer suspects that the goods are being or have been or are intended to be dealt with in any way contrary to the customs laws, he may arrest and detain the master, and take him before a magistrate and if the master fails to satisfy the magistrate that the goods had not been, were not being, and were not intended to be; dealt with contrary to the customs laws, the goods shall be forfeited, and the master shall be liable to a fine of two hundred .naira.
(2) If, in any proceedings under subsection (1) of this section, any question arises as to whether any signal or message was or was not such a signal or message as aforesaid, the burden of proof shall lie upon the defendant claimant.
(3) If any person whatsoever has reasonable grounds for suspecting that any such signal or message as aforesaid is being or is about to be made or transmitted from any ship, aircraft, vehicle, house or place, he may board or enter that ship, aircraft, vehicle, house or place and take such steps as are reasonably necessary to stop or prevent the sending of the signal or message, without being liable to any prosecution or action at law for so doing.
(2) The time of importation of any goods shall be deemed to be —
(a) where the goods are brought by sea, the time when the ship carrying them comes within Nigeria,
(b) where the goods are brought by air, the time when the aircraft carrying them lands in Nigeria or the time when the goods are unloaded, which ever is the earlier;
(c) where the goods are brought by land or inland waters, the time when the goods are brought into Nigeria.
(3) The time for exportation of any goods from Nigeria shall be deemed to be —
(a) where the goods are to be exported by sea or air, the time when the goods are brought to the customs area;
(b) where the goods are to be exported by land, the time when the goods are brought to a customs station;
Provided that in the case of goods in respect of which any prohibitions is for the time being in force which are exported by sea or air, the time of exportation shall be deemed to be the time when the ship or aircraft in which they are carried departs from its final position, anchorage or berth within Nigeria.
Provided that —
(a) where a declaration or label made out by the sender in conformity with the provisions of the Post Office Guide or with the regulations of the Universal Postal Union accompanies or is affixed to a postal article, such declaration or label shall, except in such cases as the Board may notice in the Federal Gazette direct, be accepted in place of an entry delivered under the provisions of this Act;
(b) where a declaration or label has been accepted in place of an entry, the duty, if any,
chargeable on the importation or exportation of any goods to which such declaration or label relates and the rate thereof shall be those in force with respect to such goods at the time when the duty thereon is assessed by the proper officer;
(c) where the contents of any postal article are found on examination not to agree with any particulars thereof set forth on any declaration or label accompanying or affixed to such postal article, such declaration or label, whether or not it has been accepted in place of an entry, shall be deemed to be an untrue declaration made for the purposes of the customs laws;
(d) where any postal article is, or any goods contained therein are, found on examination to be conveyed by post otherwise than in conformity with the provisions of the Post Office Guide or with the regulations of the Universal Postal Union such postal article or such goods, as the case may be, shall be forfeited.
(2) The President may make regulations prescribing the procedure for the examination of postal articles for the purposes of the customs laws, and for the collection of any duties of customs chargeable on the importation or exportation of goods contained in postal articles.
(3) In this section “postal article” has the meaning assigned to it in the Nigerian Postal Services Department Act.
PART IV. — WAREHOUSES AND GOVERNMENT
WAREHOUSES
(2) The Board may license any building as either —
(a) a general warehouse, that is to say, for the warehousing of goods which are the property of the warehouse keeper or of any other person; or
(b) a private warehouse, that is to say, only for the warehousing of goods which are the property of the warehouse keeper, and may attach such conditions to the license as it may see fit.
(3) The license shall be in such form as the Board may direct and shall be subject to the payment of fee of forty eight naira and shall expire on the 31st day of December in each year.
(4) A license shall not be issued until the person who applies for the license has furnished such security for the due payment of all duties and the due observance of the provisions of the customs and excise laws as the Board may require; and the Board may, at any time, require a warehouse keeper to furnish such additional or new security as it may consider necessary for such purposes.
(5) Any warehouse keeper who without the previous consent in writing of the Board makes any alteration in, or addition to, a warehouse shall be liable to a fine of four hundred naira.
(6) Any warehouse keeper who uses his warehouse, or permits it to be used, in contravention of any of the conditions of his license shall be liable to a fine of four hundred naira.
(7) Any owner or occupier of a building who uses it, or permits it to be used, for the deposit of goods entered for warehousing while a valid license under this section is not in force shall be liable to a fine of four hundred naira, and, in addition thereto, to a fine of twenty naira for every day, or part of a day, during which he so uses the building, or permits it to be so used.
(2) The notice required to be given under subsection (1) of this section, shall be given in writing and shall be deemed to have been served on all persons interested in any goods then entered for or deposited in that warehouse, if addressed to the warehouse keeper and left at that warehouse.
(3) If —
(a) after the date specified in such notice or such later date as the Board may in any case allow, any goods upon which duty has not been paid remain in the warehouse; or
(b) after such notice has been served any goods are de¬posited for warehousing in the warehouse, the proper officer may cause them to be taken to a Government warehouse:
Provided that the Board may, if it thinks fit, permit such goods to be re-warehoused in another warehouse.
(a) at his own expense provide and maintain at the warehouse such office, lavatory and sanitary accommodation for the proper officer, with the requisite furniture, lighting and cleaning, as the Board may direct;
(b) at his own expense .provide and maintain such appliances, and afford such other facilities, for examining and taking account of goods, and for securing them, as the proper officer may require;
(c) at his own expense stack and arrange the goods in the warehouse so as to permit reasonable access to and examination of every container or lot of such goods at all times;
(d) at his own expense provide all necessary labour and materials for the storing, examining, packing, marking, coopering, weighing and taking stock of the warehoused goods whenever the proper officer so requires.
(2) Where any warehouse keeper fails to comply with any of the provisions of this section, the Board may direct that no further goods shall be warehoused by that warehouse keeper until he has complied with such provision or provisions to the satisfaction of the Board.
(3) Any warehouse keeper who contravenes any direction given by the Board under subsection (2) of this section shall be liable to a fine of two hundred naira and, in addition thereto, to a fine of twenty naira for every day, or part of day, during which such contravention continues.
(2) Goods which are entered for warehousing shall be deemed to be duly warehoused as from the time certified by the proper officer.
(3) Except as permitted by the Board, all goods shall be warehoused in the containers or lots in which they were entered for warehousing; and any goods warehoused in contravention of this subsection shall be forfeited.
(4) The warehouse keeper shall mark the containers or lots of any warehoused goods in such manner as the proper officer may direct and shall, subject to any further such directions, keep them so marked while they are warehoused. If any warehouse keeper fails to comply with the provisions of this subsection he shall be liable to a fine of two hundred naira.
(2) If any goods are deposited contrary to any directions of the proper officer, the warehouse keeper shall be liable to a fine of two hundred naira.
(3) If, except as permitted or directed by the proper officer, any goods deposited in a warehouse are moved from the part of the warehouse in which they were deposited, or any alteration is made in the goods or in the containers or lots thereof, or in the marks or numbers of such goods or the containers or lots thereof, such goods shall be forfeited.
(2) Any person who contravenes any condition imposed by the Board under this section shall be liable to a fine of two hundred naira
(2) Warehoused goods may be entered —
(a) for use in Nigeria where so eligible;
(b) for exportation, where so eligible;
(c) for use as stores, where so eligible;
(d) subject to such conditions as the Board sees fit to impose, for removal to another warehouse.
(3) Goods shall be deemed to have been duly entered under this section when the entry has been signed by the proper officer.
(4) Except as permitted by or under this Act, goods shall not be removed from a warehouse until any duty chargeable thereon has been paid.
(5) Warehoused goods shall not be removed from the warehouse except with the authority of, and in accordance with any directions given by, the proper officer.
(2) If any condition imposed by the Board under subsection (l) of this section is contravened the goods shall be forfeited.
(2) Subject to subsection (4) of this section, the amount payable in respect of any duty of customs chargeable on goods under this section shall be calculated in accordance with the first account taken of the goods after their importation.
(3) Subject to subsection (4) of this section, the amount payable in respect of any duty of excise chargeable on goods under this section shall be calculated in accordance with the account taken of the goods on their first being warehoused.
(4) The proper officer may, either on the directions of the Board or on the application and at the expense of the proprietor of the goods —
(a) re-gauge, re-measure, re-weigh, examine or take stock of any warehoused goods;
(b) re-value any warehoused goods liable to duty ad valorem which have deteriorated in quality, and in either such case, the duty on any such goods shall be payable according to the result, unless the proper officer considers that any loss or deterioration, is excessive or has been wilfully or negligently caused, in either of which events the duty shall, subject to such reduction, if any, as the Board may allow, be payable according to the original account.
(2) Such rent shall be payable while the goods are deposited as may be fixed by the Board by notice in the Federal Gazette.
(3) If the goods are of a combustible or inflammable nature or otherwise of such a character as to require special care or treatment —
(a) they shall, in addition to any other charges payable thereon, be chargeable with such expenses for securing, watching, guarding them as the Board sees fit; or
(b) if the proprietor of the goods has not cleared them within a period of fourteen days from the date of deposit, they may be sold by the Board.
(4) Except as permitted by or under this Act, the goods shall not be removed from the Government warehouse until any duty chargeable thereon and any charges in respect —
(a) of their removal to the Government warehouse; and
(b) rent and expenses required to be paid under subsections (2) and (3) of this section, have been paid and, in the case of goods requiring entry and not yet entered, until they have been entered.
(5) The officer having the custody of the goods may refuse to allow them to be removed until it is shown to his satisfaction that all duties, expenses, rent, freight and other charges due in respect of the goods have been paid.
(6) If the goods are under or by virtue of any provisions of this Act sold, the proceeds of sale shall be applied in discharge of —
(a) firstly, any duty chargeable on the goods;
(b) secondly, the expense of sale;
(c) thirdly, any such charges as are mentioned in subsection (4) of this section;
(d) fourthly, any port or airport charges; and
(e) fifthly, the freight and any other charges, and if the person who was immediately before the sale the proprietor of the goods makes application therefore within one year from the date of the sale, the remainder, if any, shall be payable to him
(7) When the goods are under or by virtue of any provision of this Act authorised to be sold but cannot be sold for a sum sufficient to make the payments mentioned in paragraphs (a), (b) and (c) of subsection (6) of this section they may be destroyed, or otherwise disposed of as the Board may direct.
(8) If any goods are not cleared from the Government warehouse within a period of fourteen days after being entered, or after being sold under or by virtue of any provision of this Act, they may be disposed of in such manner as the Board may direct.)
(2) Any person who fails to leave any warehouse or Government warehouse or any part of a warehouse or Government warehouse when requested to do so by any officer shall be liable to a fine of one hundred naira.
(3) Any person who, except as permitted under this Act, willfully destroys or damages any goods in a warehouse or Government warehouse shall be liable to a line of six times the value of the goods or four hundred naira whichever is the greater, or to imprisonment for two years, or to both.
(4) If —
(a) except as permitted by the Board, any goods which have been entered for warehousing are removed without being duly warehoused or are otherwise not duly warehoused; or
(b) any goods which have been deposited in a warehouse or Government warehouse are unlawfully removed there from; or
(c) any goods entered for warehousing are concealed either before or after they have been warehoused,
those goods shall be liable to forfeiture, and any person who removes or conceals any goods as aforesaid shall be liable to a fine of six times the value of the goods or four hundred naira, whichever is the greater, or to imprisonment for two years, or to both.
PART V. — SPIRITS
MANUFACTURE OF SPIRITS
(a) regulating the manufacture of spirits, whether by distillation of a fermented liquor or by any other process;
(b) for calculating, securing and collecting the excise duty on spirits;
(c) regulating the removal of spirits from the premises of a spirits manufacturer;
(d) restricting the delivery of immature spirits for use Nigeria.
(2) If any person contravenes or fails to comply with any regulation made under subsection (1) of this section, he shall be liable to a fine of two thousand naira and any spirits, and any vessels, utensils and materials used for distilling or otherwise manufacturing or preparing spirits, in respect of which the offence was committed shall be liable to forfeiture:
Provided that the Minister may by any such regulation provide a fine of a lesser amount for any contravention of or failure to comply with that regulation.
(a) conceals in, or without the consent of the proper officer removes from, the premises of a spirits manufacturer any wart, wash, low wines, feints or spirits; or
(b) knowingly buys or receives any wart, wash, low wines, feints or spirits so concealed or removed; or
(c) knowingly buys or receives or has in his possession any spirits which have been removed from the place where they ought to have been charged with duty before the duty payable thereon has been charged and either paid or secured, the goods shall be liable to forfeiture and he shall be liable to a fine of six times the value of the goods or four hundred naira whichever is the greater, or to imprisonment for two years, or to both.
(2) If, at any time when an account is taken and a balance struck as aforesaid, any deficiency is found which cannot be accounted for to the satisfaction of the Board, the spirits manufacturer shall be liable to a fine of double the excise duty on a quantity of spirits consisting of pure alcohol equal to the quantity of the deficiency.
(a) manufactures spirits, whether by distillation of a fermented liquor or by any other process; or
(b) has in his possession or uses a still for distilling, rectifying or compounding spirits; or
(c) distils or has in his possession any low wines or feints; or
(d) brews of makes or has in his possession any wort or wash fit for distillation, shall be liable to a fine of two thousand naira.
(2) Where there is insufficient evidence to convict a person of an offence under subsection (I) of this section, but it is proved that such an offence has been committed on some part of premises belonging to or occupied by that person in such circumstances that it could not have been committed without knowledge, that person shall be liable to a fine of two hundred naira.
(3) All spirits and all stills, vessels, utensils, wort, wash and other materials for manufacturing, distilling or preparing spirits —
(a) found in the possession of any person who commits an offence under subsection (1) of this section; or
(b) found on any premises on which such an offence has been committed,
(4) Notwithstanding any other provision of this Act relating to goods seized as liable to forfeiture, any officer by whom any thing is seized as liable to forfeiture under subsection (3) of this section may at his discretion forthwith spill, break up or destroy that thing.
(5) Without prejudice to any other power conferred by this Act, if an officer has reasonable grounds to suspect that any thing which is liable to forfeiture under this section is in or upon any land or other premises, he may enter upon those premises if need be by force, and search them and seize and remove anything which he has reasonable grounds to believe to be so liable.
MANUFACTURE OF METHYLATED SPIRITS
(2) Any person who, not being an authorise methylator; methylates spirits shall be liable to a fine of two hundred naira.
(3) The Board may at any time for reasonable cause revoke or suspend any authorization granted under this section.
(a) regulating the methylation of spirits;
(b) prescribing the spirits which may be used, and the substances which may be mixed therewith, for methylation;
(c) prescribing the manner in which account is to be kept of stocks of methylated spirits in the possession of an authorised methylator.
(2) If any person contravenes or fails to comply with any regulation made under this section, he shall be liable to a fine of one thousand naira.
(b) Any spirits or methylated spirits in respect of which an offence under subsection (2) of this section is committed shall be forfeited.
(a) if the former quantity exceeds the latter, the excess shall be liable to forfeiture.
(b) if the former quantity is less than the latter, the authorised methylator shall on demand by the Board pay on such part of the deficiency as cannot be accounted for to the satisfaction of the Board, the excise duty payable on spirits, consisting of pure alcohol.
(a) prepares or attempts to prepare any liquor to which this section applies for use as a beverage or as a mixture with a beverage;
(b) sells any such liquor, whether so prepared or not, as a beverage or mixed with a beverage; or
(c) uses any such liquor or any derivative thereof in the preparation of any article capable of being used wholly or partially as a beverage or internally as a medicine; or
(d) sells or has in his possession any such article in the preparation of which any such liquor or any derivative thereof has been used; or
(e) except as permitted by the Board and in accordance with conditions implied by it, purifies or attempts to purify any such liquor or, after any such liquor has once been used recovers or attempts to recover the spirit or alcohol contained therein by distillation or condensation or in any other manner, he shall be liable to a fine of one thousand naira, or to imprisonment for two years, or to both, and the liquor in respect of which the offence was committed shall be liable to forfeiture.
(2) The liquors to which this section applies are methylated spirits, methyl alcohol and any mixture containing methylated spirits or methyl alcohol.
PART VI. —BEER
(2) If any person brews beer otherwise than under and in accordance with an excise license, he shall be liable to a fine of one thousand naira and all beer, worts, vessels, utensils and materials capable of being used for brewing in his possession shall be forfeited.
(a) regulating the manufacture of beer;
(b) for calculating, securing and collecting the excise duty on beer;
(c) as to the receipt, storage, removal and disposal of sugar by brewers; and
(d) as to the books and other documents relating to sugar to be kept by brewers.
(2) Any person contravening or failing to comply with any regulation made under, this section shall be liable to a fine of two hundred naira and any goods or article in respect in respect of which the offence was committed shall be forfeited.
(3) If, on taking stock at any time, the proper officer finds that the quantity of any description of sugar in the possession of any brewer differs from the quantity of that description which ought to be in his possession according to any book or other document kept by him in pursuance of any regulations made under this section, then —
(a) if the quantity in his possession exceeds the quantity which ought to be in his possession, the excess shall be forfeited;
(b) if the quantity in his possession is less by more than two per cent than the quantity which ought to be in his possession, the deficiency above two per cent shall, unless accounted for to the satisfaction of the Board, be deemed to have been used in the brewing of beer without particulars thereof having been recorded in pursuance of regulation made under section (111) of this Act, and duty shall be charged in respect thereof as if that deficiency had been so used.
(4) In this section the expression “sugar” includes sugar of any description and any saccharin substance, extract or syrup.
(2) If any brewer adds to beer before it is delivered from his entered premises anything other than water, finings for the purpose of clarification or such other substances as may be sanctioned by the Board, he shall be liable to a fine of hundred naira, and if any beer to which anything other than as aforesaid has been added is found in the possession of a brewer, he shall be liable to a fine of one hundred naira and the beer shall be forfeited.
(3) If any brewer has in his possession any worts or beer which is of a strength exceeding ten per cent of pure alcohol, he shall be liable to a fine of one hundred naira, and the worts or beer shall be forfeited.
(4) In this section, the expression “sugar” means sugar of any description and any saccharine substance, extract or syrup and includes any material capable of being used in brewing except malt or corn.
(a) the expression “gravity” in relation to any liquid means the ratio of the weight of a volume of the liquid to the weight of an equal volume of distilled water, the volume of each liquid being computed as at fifteen point five six degrees Centigrade or sixty degrees Fahrenheit;
(b) where the gravity of any liquid is expressed as a number of degrees that number shall be the said ratio multiplied by one thousand; and
(c) the expression “original gravity” in relation to any liquid in which fermentation has taken place means its gravity before fermentation.
(2) The gravity of any liquid at any time shall be ascertained by such means as the Board may approve, and gravity so ascertained shall be deemed to be the true gravity of the liquid.
PART VII.—TOBACCO
(2) If any person manufactures any such tobacco otherwise than under and in accordance with an excise license, he shall be liable to a fine of one thousand naira and any such tobacco so manufactured by him or in his possession, and any plant and materials in his possession capable of being used in the manufacture of such tobacco, shall be forfeited.
(a) regulating the manufacture of tobacco by a tobacco manufacturer;
(b) for securing the excise duties on tobacco.
(2) Any person contravening or failing to comply with any regulation made under this section shall be liable to a fine of four hundred naira and any goods or article in respect of which the offence was committed shall be forfeited.
(3) If at any time the proper officer finds that the quantity of tobacco in the factory of a tobacco manufacturer differs from the quantity which ought to be therein according to any books or other documents kept by the tobacco manufacturer in pursuance of any regulations made under this section and such difference cannot be accounted for to the satisfaction of the Board, then —
(a) if the quantity in the factory exceeds the quantity which ought to be therein, the excess shall be forfeited.
(b) if the quantity in the factory is less than the quantity which ought to be therein, the tobacco manufacturer shall be liable to a fine of double the excise duty at the highest rate on a quantity of manufactured tobacco equal to the quantity of the deficiency.
(2) The Board may allow payment of the duty to be deferred upon such terms as it sees fit:
Provided that the date of payment shall not be later than the 21st day of the month next following that in which the duty became due.
(3) The Board may, subject to such conditions as it sees fit to impose, allow manufactured tobacco to be delivered from a tobacco manufacturer’s factory for exportation or loading as stores in accordance with the customs laws without payment of the excise duty chargeable thereon.
PART VIII. — OTHER GOODS SUBJECT TO EXCISE DUTY
(2) If any person manufactures any such goods otherwise than under and in accordance with an excise license, he shall be liable to a fine of one thousand naira and any such goods manufactured by him or in his possession, and any plant materials, vessels, utensils and other articles in his possession capable of being used in the manufacture of such goods, shall be forfeited.
(a) regulating the manufacture of any goods to which this Part applies;
(b) for calculating, securing and collecting the excise duty on any such goods;
(c) for the exportation or loading of any such goods as stores in accordance with the customs laws without payment of the excise duty chargeable thereon;
(d) as to the books, accounts and other documents relating to any such goods to be kept by manufacturers.
(2) Any person contravening or failing to comply with regulation made under this section shall be liable to a fine of four hundred naira, and any goods or article in respect of which the offence was committed shall be forfeited.
PART IX. —EXCISE. LICENCES, ENTRIES, ETC.GENERAL
EXCISE LICENCES —GENERAL PROVISIONS
(2) Subject as aforesaid, the Board may for reasonable cause refuse to issue any such excise license to any person or in respect of any premises.
(3) Where an application for an excise license (under this or any other enactment) is approved by the Board, it shall —
(a) in the case of an excise license relating to any premises in which any goods to which Part VIII of the Act applies are manufactured, on payment of the sum of twenty naira by an applicant, issue the license;
(b) in the case of an excise license relating to any goods other than those to which Part VIII of the Act applies, on payment by an applicant of the relevant fee prescribed, issue the license.
(4) Every excise license shall be in such form as the Board may direct and shall expire on the 31st day of December next following the date of issue.
(5) An excise license shall, be issued in respect of one set of premises only.
(a) has been convicted of an offence under the excise laws; or
(b) has been convicted of any offence involving dishonesty or fraud; or
(c) has become a bankrupt or has entered into any arrangement or composition with or for the benefit of creditors; or
(d) has failed to pay any excise duty at the when it was payable.
(a) forthwith cease to manufacture the description of goods referred to in the license;
(b) forthwith pay duty on any excisable goods, manufactured under such license on which duty has not been paid;
(c) not disposed of any materials on the premises to which such license relates except in accordance with such conditions as the Board may impose.
(2) Any person who contravenes any of the provisions of this section or any conditions imposed there under shall be liable to a fine of one hundred naira, and any plant, equipment, excisable goods and materials in respect of which such offence has been committed shall be forfeited.
(a) at his own expense to provide and maintain at the licensed premises such office, lavatory and sanitary accommodation, with the requisite furniture, lighting and cleaning, for the proper officer as the Board may direct;
(b) at his own expense to provide and maintain such appliances and afford such other facilities reasonably necessary to enable an officer at any time to take an account or make an examination or search or to perform any other of his duties at the licensed premises as the Board may direct.
(2) If any holder of an excise license fails to comply with any requirement of subsection (1) of this section, the Board may revoke or suspend the excise license.
(3) The holder of an excise license shall provide and maintain any fitting required for the purpose of affixing any lock which the proper officer may require to affix to the licensed premises or any part thereof, or to any vessel, utensil or other apparatus whatsoever kept thereon and in default —
(a) the fitting may be provided or any work necessary for its maintenance may be carried out by the proper officer, and any expenses so incurred shall be paid on demand by the holder of the license; and
(b) if the holder of the license fails to pay those expenses on demand, he shall in addition be liable to a fine of two hundred naira.
(4) If the holder of an excise license or any servant of his
(a) willfully destroys or damages any such fitting as aforesaid or any lock or key provided for use therewith, or any label or seal placed on any such lock; or
(b) improperly obtains access to any place or article secured by any such lock; or
(c) has any such fitting or any article intended to be secured by means thereof so constructed that that intention is defeated, he shall be liable to a fine of one thousand naira.
(5) The requirements which the Board is authorised to impose on the holder of an excise license by subsection (1) of this section, shall include the requirement to provide at his own expense and lease to the Board, on such reasonable terms as the Board may determine, living accommodation which the Board considers suitable for occupation by, and by the household of, any officer charged with duties which, in the opinion of the Board, make it desirable that he should reside on or near the premises for which the excise license in question is granted; and the provisions of subsection (2) of this section (which provide for the revocation or suspension of an excise license for failure to comply with a requirement made in pursuance of the said subsection (2) of this section) shall have effect accordingly.
(2) All records required to be kept under the provisions of the excise laws shall at all times be available for inspection by the proper officer, and such officer may take copies thereof
(3) Any holder of an excise license who contravenes any provisions of this section shall be liable to a fine of two hundred naira.
(a) produce for inspection such invoices and other books or documents in his possession relating to any excisable goods manufactured by him during the preceding twelve months as the Board shall require;
(b) answer such questions as may be put to him by the Boards regarding the description, manufacture, quantity, weight, volume, selling price, consignee, destination, cost of production and manufacturer’s profits, and any other matter relating to such goods which the Board may reasonably think necessary for the purpose of carrying out the provisions of the excise laws or any regulations made there under;
(c) produce such evidence as the Board may deem necessary in support of any information so furnished;
(d) make such returns such form and at such intervals as the Board may require; and if any manufacturer shall neglect or refuse to comply with any such requirement as aforesaid, he shall be liable to a fine of two hundred naira.
(2) Notwithstanding any other provisions of this Act, the powers conferred by subsection (1) of this section on the Board, in so far as they relate to questions regarding the cost of production and manufacturer’s profits in respect of any excisable goods, shall be exercisable only by the Board itself.
(3) The Board may require the holder of an excise license to submit annually, or at such other times as it may require, a certificate of audit by an approved accountant not being an employee of the holder of the excise license certifying —
(a) the correctness of all the books and records required by or under this Act to be kept by the holder of the excise license; and
(b) any such matter referred to in paragraph (h) of subsection (1) of this section as the Board may require, any holder of an excise license who without reasonable cause fails to submit such certificate of audit shall be liable to a fine of two hundred naira.
(4) For the purposes of this section “an approved accountant” means an accountant who is a member of one of the professional bodies for the time being declared by the Board by notice in the Federal Gazette, to be approved for such purposes.
(2) Where any goods entered in accordance with subsection (1) of this section are found, whether before or after their removal from the premises of manufacture, not to correspond with the entry made thereof those goods shall be forfeited.
(3) If any person removes or causes the removal of any manufactured goods without any entry made in accordance with subsection (1) of this section, he shall be liable to a fine of six times the value of the goods or four hundred naira, whichever is the greater.
GENERAL PROVISIONS AS TO ENTRY OF PREMISES, ETC.
(a) the entry shall be in such form and manner and contain such particulars; and
(b) the premises, plant or equipment shall be, and be kept, marked in such manner, as the Board may direct.
(2) Where any person required to make entry of any premises, plant or equipment is a body corporate the entry shall be signed by a director, general manager, secretary or other similar officer of the body, and except where authority for that person to sign has been given under the seal of the body shall be made under that seal.
(3) If any person making entry of any premises, plant or equipment contravenes or ails to comply with any direction of the Board given under this section with respect thereto, he shall be liable to a fine of two hundred naira.
(2) Where the person by whom entry has been made of any premises absconds or quits possession of the premises and discontinues the trade in respect of which the entry was made, and the Board permits a further entry to be made of the premises by some other person, the former entry shall be deemed to have been withdrawn and shall be void.
(2) If any person who has made entry of any premises, plant or equipment fraudulently uses those premises or that plant or equipment for any purpose other than that for which entry was made thereof, he shall be liable to a fine of two hundred naira
GENERAL PROVISIONS AS TO EXCISE TRADERS
(2) Where an officer, after having demanded admission into any such premises and declared his name and business at the entrance thereof is not immediately admitted, that officer and any person acting in his aid may break open any door or window of the premises or break through any wall thereof for the purpose of obtaining admission.
(a) produce to the Board for inspection as and when required by a notice in writing served on him by the Board all invoices and other books or documents in his possession relating to any goods Iiab1e to excise duty purchased or sold by him during the period of twelve months immediately preceding the date of the service of the notice, or any part of that period specified in the notice;
(b) furnish answers to such questions as may be but to him by the Board regarding the description, quantity, weight, volume, purchase price, selling price, consignor, consignee, destination and any other matter relating to such goods which the Board may consider reasonably necessary for the purpose of administering the excise laws;
(c) produce to the Board such evidence as it may reasonably require in support of any answer so supplied.
(2) If any excise trader fails without lawful excuse to comply with any of the requirements of a notice served on him by the Board under subsection (1) of this section he shall be guilty of an offence and liable to a fine of six hundred naira.
(2) If, while any such notice is in force, any person knowingly makes use of a substance or liquid thereby prohibited in the manufacture or preparation for sale of any goods specified in the notice he shall be liable to a fine of one hundred naira.
(3) Any substance or liquid, the use of which is for the time being prohibited by any such notice, found in the possession of any person licensed for the manufacture of any goods specified in the notice, and any goods in the manufacture or preparation of which any substance or liquid has been used contrary to any such prohibition, shall be forfeited.
(a) upon the goods, chattels and effects of the manufacturer of the goods in respect of which the duty remains unpaid; and
(b) upon all machinery, plant, tools, ships, vehicles, animals, goods and effects used in the manufacture, sales or distribution of excisable goods found in any premises or on any lands in the use or possession such manufacturer or of any person on his behalf or in trust for him.
(2) The authority to distrain under this section shall be in the form contained in the Second Schedule to this Act and such authority shall be a warrant and authority to levy by distress the amount of any duties due.
(3) The President may by Order amend the Second Schedule to this Act.
(4) For the purpose of levying any distress under this section, any person authorised in writing by the Board may execute any warrant of distress and if necessary break open any building or place in the daytime for the purpose of levying such distress and he may call to his assistance any police officer and it shall be the duty of any police officer when so required to aid and assist in the execution of any warrant of distress and in levying the distress.
(5) The distress so taken may at the cost of the owner therefore be kept for fourteen days, at the end of which time, if the amount due in respect of duty and the cost and charges of incident to the distress are not paid, the same may be sold.
(6) Out of the proceeds of the sale there shall in the first place be paid the cost or charges of and incident to the sale and keeping of the distress and in the next place the amount due in respect of duties, and the residue, if any, shall be payable to the owner of the things distrained upon demand being made within one year of the date of sale.
(7) In exercise of the powers of distress conferred by this section, the person to whom authority as aforesaid is given may distrain upon all goods, chattels and effects belonging to the manufacturer wherever the same may be found.
(2) Where by virtue of any provisions of the excise laws any goods are allowed to be delivered from the entered premises of a licensed manufacturer for a specified use or purpose, or subject to a condition that they will not be sold or any like condition —
(a) without payment of excise duty; or
(b) on payment of excise duty at a reduced rate, such goods shall not be used or dealt with in any way contrary to the use, purpose or condition for, or subject to, which such goods were delivered as aforesaid, except with the permission of the Board and after payment of the full excise duty thereon or such portion thereof as the Board may direct.
(3) Any person who knowingly uses or deals with any goods in contravention of subsection (1) or (2) of this section shall be guilty of an offence and shall be liable on conviction to a fine of six times the value of the goods or four hundred naira whichever is the greater; and any goods used or dealt with in contravention of this section shall be forfeited.
(4) The provisions of this section shall apply whether or not any undertaking or security has been given for the observance of the specified use or purpose or the condition or for the payment of the duty payable apart there from and the forfeiture of the goods under this section shall not affect the liability of any person who has given any such undertaking or security.
PART X. — DUTIES AND DRAWBACKS —GENERAL PROVISIONS
(2) If the court determines that a lesser or no amount was properly payable in respect of duty on the goods, the amount Over-paid shall be repaid by the Board, together with interest thereon from the date of the overpayment at such rate as the court may determine. Any sum so repaid shall be accepted by the importer, exporter or proprietor of the goods in satisfaction of all claims in respect of the duty payable thereon and of all damages and expenses incidental to the dispute other than the costs of the proceedings.
(3) This section shall not apply where an entry, delivered under subsection (2) of section 28 of this section, is deemed to be a perfect entry by virtue of that subsection.
(a) after importation but before being cleared for any purpose for which they might be entered on importation; or
(b) while in a warehouse or Government warehouse; or
(c) at any time while that duty is otherwise lawfully unpaid, except when payment of that duty has become due but has been allowed by the Board to be deferred; or
(d) if the duty with which the goods are chargeable is a duty of customs on exportation, at any time after being entered for exportation and before exportation, the Board shall remit or repay any duty chargeable or paid thereon, but in the case of lost goods to which paragraph (a), (b) or (c) of this subsection applies only if it is satisfied that they have not been and shall not be used or consumed in Nigeria, and in the case of lost goods to which paragraph (d) of this subsection applies only if it is satisfied that they have not been and shall not be exported.
(2) The Board may, at the request of the proprietor of the goods and subject to compliance with such conditions as the Board sees fit to impose, permit the destruction of, and remit or repay any duty chargeable or paid on, any imported goods not yet cleared for any purpose for which they might be entered on importation or any warehoused goods, being in either case goods which have by reason of their state or condition ceased to be worth the full duty chargeable thereon.
(3) Where it is proved to the satisfaction of the Board in the case of a manufacturer of any excisable goods that any materials on which a charge of duty has been made, or any goods manufactured by him have while on his entered premises —
(a) been destroyed or become spoilt or otherwise unfit for use, and
(b) in the case of any such materials or goods which have become spoilt or otherwise unfit for use been destroyed with the permission and in the presence of the proper officer, any duty chargeable in respect thereof shall be remitted or repaid in such manner and at such time as the Board may determine.
(2) Any claim for drawback shall be made in such form and manner and contain such particulars as the Board may direct.
(3) Where drawback has been claimed in the case of any goods —
(a) no drawback shall be payable unless it is shown to the satisfaction of the Board that duty in respect of the goods or of the article contained therein or used in the manufacture or preparation thereof in respect of which the claim is made has been duly paid and has not been drawn back; and
(b) no drawback shall be paid until the person entitled thereto or his agent has made a declaration in such form and manner and containing such particulars as the Board may direct that the conditions on which the drawback is payable have been fulfilled; and
(c) the Board may require any person who has been concerned at any stage with the goods or articles to furnish such information as may be reasonably necessary to enable the Board to determine whether duty has been duly paid and not drawn back, and for enabling a calculation to be made of the amount of drawback payable, and to produce any book of account or other document of whatever nature relating to the goods or article.
(4) If any person fails to comply with any requirement made under paragraph (c) of subsection (3) of this section, he shall be liable to a fine of one hundred naira.
(2) Where it is proved to the satisfaction of the Board that any goods after being duly loaded for exportation have been materially damaged on board the exporting ship or aircraft, and the goods are with the consent of and in accordance with any conditions imposed by the Board re-landed or unloaded in or brought back into Nigeria and either abandoned to the Board or destroyed, any amount payable in respect of the goods by way of drawback shall be paid as if they had been duly exported and not so re-loaded or brought back. Notwithstanding any provision of this Act relating to the re-importation of exported goods, the person to whom any such amount is payable or has been paid shall not be required to pay any duty in respect of any goods re-landed, unloaded or brought back under this subsection.
(a) in the case of drawbacks, from the date of the exportation of the relative goods or the performance of the conditions on which drawback is allowed, as the case may be;
(b) in the case of goods exported or put on board an putting the same on board the exporting or using aircraft or ship; and
(c) in the case of overpayments and other refunds of import or export duty or fee, from the date of the over-payment or the payment of the duty or fee, as the case may be.
(a) if the offence was committed with intent to defraud, he shall be liable to a fine of six times the value of the goods or four hundred naira whichever is the greater; or
(b) in any other case, he shall be liable to a fine of six times the amount improperly obtained or allowed or which might have been improperly obtained or allowed or two hundred naira, whichever is the greater.
(2) Any goods in respect of which an offence under subsection (1) of this section is committed shall be forfeited.
Provided that, in the case of a claim for drawback, the Board may, if it sees fit, instead of seizing the goods, either refuse to allow any drawback thereon or allow only such drawback as it considers proper.
(2) Where any duty has been short levied or erroneously repaid, then the person who should have paid the amount short levied or to whom the repayment has erroneously been made, shall, on demand by the proper officer, pay the amount short levied or repay the amount erroneously repaid, as the case may be. Any such amount may be recovered as if it were duty to which the goods in relation to which the amount was so short levied or erroneously repaid were liable:
Provided that the proper officer shall not make any such demand after a year from the date of such short levy or erroneous repayment unless such short levy or erroneous repayment was caused by the production of a document or the making of a statement which was untrue in any material particulars.
Provided that the Board may determine the fractions to be taken into account of any quantity.
(2) In all final calculations of duties, rents, drawbacks and other charges fractions of a kobo shall be disregarded.
PART XI. —GENERAL
GENERAL POWERS. AGENTS. ETC.
(2) Any bond taken for the purposes of the customs and excise laws—
(a) shall be taken on behalf of the Board; and
(b) shall be valid notwithstanding that it is entered into by a person under twenty-one years of age; and
(c) shall be valid notwithstanding that it is not sealed or not signed or delivered in the presence of a witness; and
(d) may be cancelled at any time by or by order of the Board.
(3) Without prejudice to any rights of a surety under any bond or other security taken for the purposes of the customs and excise laws against the person for whom he is surety, such surety shall be deemed a principal debtor and not merely a surety; and accordingly shall not be discharged, nor shall his liability be affected, by any giving of time for payment, or by any omission to enforce the bond or other security or by any other act or omission or means whereby the liability of the surety would not have been discharged if he had been a principal debtor.
(a) which are imported; or
(b) which are in or at a warehouse, government warehouse, customs area or examination station; or
(c) which have been loaded into any ship or aircraft at any place in Nigeria; or
(d) which are entered for exportation or for use as stores; or
(e) which are brought to any place in Nigeria for exportation or for loading for exportation or as stores; or
(f) in the case of which any claim for drawback, remission or repayment of duty is made, and may for that purpose require any container to be opened or unpacked.
(2) any examination of the goods by an officer under this Act shall be made at such place as the board appoints for the purpose.
(3) In the case of such goods as the Board may direct, and subject to such conditions as it sees fit to impose, an officer may permit goods to be bulked, sorted, lotted, packed or repacked before account is taken thereof.
(4) Any opening, unpacking, weighing, measuring, repacking, bulking, sorting, lotting, marking, numbering, loading, unloading, carrying, or landing of goods or their containers for the purpose of, or incidental to, the examination by an officer, removal or warehousing thereof shall be done, and any facilities or assistance required for any such examination shall be provided, by or at the expense of the proprietor of the goods.
(5) If any goods which an officer has power under this Act to examine are without the authority of the proper officer removed from the place appointed under this section for their examination before they have been examined, or any mark or seal placed upon any goods by an officer is, without the authority of the proper officer, altered or broken, those goods shall be forfeited, and any person who so removed them or so altered or broke such mark or seal, if he did so with intent to defraud the Government of any duty chargeable thereon or to evade any prohibition with respect to the importation, exportation or carriage coastwise thereof, shall be liable to a fine of six times the value of the goods or four hundred naira, whichever is the greater, or to imprisonment for two years, or to both.
(a) which he is empowered by or under Act to examine; or
(b) which are on premises where goods chargeable with any duty are manufactured, prepared or subject to any process; or
(c) which, being dutiable goods, are held by any person as stock for his business or as materials for manufacture or processing.
(2) Where an officer takes from any vessel, pipe or utensil on the premises of any spirits manufacturer or brewer, a sample of any product of, or of any materials for, the manufacturer of spirits or beer —
(a) the spirits manufacturer or brewer may, if he wishes, stir up and mix together the contents of that vessel, pipe or utensil before the sample is taken; and
(b) the sample taken by the officer shall be deemed to be representative of the whole contents of that vessel, pipe or utensil.
(3) Any sample taken under this section shall be disposed of and accounted for in such manner as the Board may direct.
(2) Where there are reasonable grounds to suspect that any still, vessel, utensil, spirits or materials for the manufacture of spirits is or are unlawfully kept or deposited in any building or place, the provisions of subsection (1) of this section shall apply in relation to any police officer as it would apply in relation to an officer.
(2) Any person who obstructs an officer acting in pursuance of subsection (1) of this section shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one thousand naira or to both; and where a person who has committed an offence under this subsection is the manager or servant of the holder of such license in respect of the premises in question, the holder also shall be deemed to have committed the like offence and shall be liable to be proceeded against and punished accordingly.
(3) The provisions of section 22, 43 and 48 of the said Act (which provide for the endorsement on licenses of convictions under that Act and for refusal and forfeiture of licenses) shall apply in relation to a conviction under this section as they apply in relation to a conviction under that Act.
(a) chargeable with any duty which has not been paid or secured; or
(b) in the course of being unlawfully removed from or to any place; or
(c) otherwise liable to forfeiture under the customs and excise laws, any officer or police officer may stop and search that vehicle or ship.
(2) If when so required by any such or police officer the person in charge of any such vehicle or ship refuses to stop or to permit the vehicle or ship to be searched, he shall be liable to a fine of two hundred naira.
(3) No officer or police officer shall be liable to any prosecution or action at law on account of any stoppage or search in accordance with the provisions of this section.
(a) which is chargeable with any duty which has not been paid or secure; or
(b) the importation or exportation of which is prohibited, any officer or person acting under the directions of an officer may search him and any article he has with him:
Provided that —
(i) the person to be searched may require to be taken before a magistrate or officer appointed by the Board, for the purpose of this paragraph, who shall consider the grounds for suspicion and direct accordingly whether or not the search is to take place;
(ii) no female shall be searched in pursuance of this section except by a female.
(2) No officer or person acting under the direction of an officer in pursuance of this section shall be liable to any prosecution or action at law on account of any search made in accordance with the provisions of this section.
(3) This section applies to —
(a) any person who is on board or has landed from any ship or aircraft;
(b) any person entering or about to leave Nigeria;
(c) any person within the wharf area of a Customs port;
(d) any person at a customs airport;
(e) any person within a customs area;
(f) any person travel1ing from or to any place which is on or beyond the frontier;
(g) any person who the officer may suspect has received any goods from any such person.
(2) Subject to subsection (1) of this section anything required by this Act to be done by the importer or exporter of any goods or an excise trader may, except where the Board otherwise requires, be done on his behalf by —
(a) a person exclusively in the employment of the importer or exporter; or
(b) a person licensed as a customs agent or excise agent in accordance with regulations made under section 156 of this Act.
(3) No person shall transact any business relating to customs and excise with any officer on behalf of another person unless the first mentioned person —
(a) is a person authorised under subsection (1) of this a section; or
(b) is a person mentioned in subsection (2) of this section.
(4) Any person who acts in contravention of this section shall be liable to a fine of two hundred naira.
Provided that —
(i) the agent shall cease to be liable under this section after one year from the date any such duty became payable or any such act fell to be performed;
(ii) nothing in this section shall relieve the principal from any liability.
Provided that —
(i) in any prosecution for such offence it shall be a good defence for such person to prove that he had used due diligence to secure compliance with the provisions of Customs and Excise Management Act, the customs and excise laws, as the case may be, and the offence was committed without his consent, connivance or willful default; and
(ii) nothing contained in this section shall relieve the agent from liability to prosecution for any offence under the customs and excise laws.
(a) the fees to be paid and. the security to be given by such agents;
(b) the form of application for any such license.
(2) Any person contravening or failing to comply with any regulation made under this section shall be liable to a fine of four hundred naira and any goods or article in respect of which the offence was committed shall be forfeited.
Provided that if any warehoused goods or goods on the premises of the holder of an excise license are destroyed, stolen or unlawfu1ly removed by or with the assistance or connivance of an officer, and that officer is convicted of the offence, then except where the warehouse keeper or proprietor of the goods or holder of the excise license was a party to the offence, the Board shall pay compensation for any loss caused by any such destruction, theft or removal, and, notwithstanding any provision of this Act, no duty shall be payable on the goods by the occupier or proprietor or holder of the excise license aforesaid, and any sum paid by way of duty on those goods by any of those persons before the conviction shall be repaid.
(a) may take such ship, aircraft or vehicle to any place in Nigeria; and
(b) keep any ship, aircraft or vehicle at any place in Nigeria for such time as he shall deem necessary; and such person shall not be liable to any prosecution or action at law for so doing.
(2) Any officer engaged in the enforcement of the customs and excise laws may for that purpose patrol upon and pass freely over and enter any place in Nigeria, and such officer shall not be liable to any prosecution or action at law for so doing.
(3) Nothing in this section shall authorise entry into any dwelling house or other building.
(2) Any person who fires upon any ship, aircraft or vehicle which is being used for the purpose of enforcing the customs and excise laws or by an officer while otherwise engaged in the execution of his duty shall be sentence to death.
GENERAL OFFENCES
(a) makes or signs, or causes to made or signed, or de1ivers or causes to be delivered, to the Board or an officer, any declaration, notice, certificate or other document whatsoever; or
(b) makes any statement in answer to any question put to him by an officer which he is required by or under this Act to answer, being a document or statement produced or made for any purpose of customs and excise, which is untrue in any material particular, he shal1 be guilty of an offence under this section.
(2) Where by reason of any such document or statement required to be produced under subsection (1) of this section the full amount of any duty payable is not paid or any overpayment is made in respect of any drawback or repayment of duty, the amount of the duty unpaid or the overpayment shall be recoverable as a debt due to the Federal Government.
(3) Without prejudice to subsection (2) of this section, where any person who commits an offence under this section does so either knowingly or recklessly, he shall be to a fine of one thousand naira or to imprisonment for two years or to both; and any goods in relation to which the document or statement was made shall be forfeited.
(4) Without prejudice to subsection (2) of this section, where any person commits an offence under this section in such circumstances that he is not liable under subsection (3) of this section he shall be liable to a fine of six hundred naira.
(a) counterfeits or falsifies any document which is required by or under the customs and excise laws or which is used for the transaction of any business relating to customs and excise; or
(b) knowingly accepts, receives or uses any such document so counterfeited or falsified; or
(c) alters any such document after it is officially issued; or
(d) counterfeits any seal, signature, initials or other mark of, or used by, any officer for the verification of such a document or for the security of goods or for any other purpose relating to customs and excise, he shall be liable to a fine of one thousand naira or to imprisonment for two years, or to both.
(2) Where any goods are, or are to be, weighed, counted, gauged or measured for the purposes of the taking of an account or the making of an examination by an officer, if any such person as is mentioned in subsection (1) of this section, or any person by whom or on whose behalf the goods are weighed, counted, gauged, measured, does anything either before, during or after the weighing, counting, gauging or measuring, whereby the officer is or might be prevented from, or hindered or deceived in, taking account or making a due examination, he sha1l be guilty of an offence under this section.
(3) Any person committing an offence under this section shall be liable to a fine of four hundred naira and any false or unjust scales and any goods in connection with which the offence was committed shall be forfeited.
(4) In this section, the expression “scales” includes weights, measures machines or instruments.
(a) knowingly and with intent to defraud the Federal Government of any duty payable thereon, or to evade any prohibition with respect thereto, acquires possession of, or is in any way concerned in the carrying, removing, depositing, harbouring, keeping or concealing or in any manner dealing with any goods which have been unlawfully removed from a warehouse or Government warehouse or which are chargeable with a duty which has not been paid, or with respect to the importation, exportation or carriage coastwise of which any prohibition is for the time being in force; or
(b) is, in relation to any goods, in any way knowingly concerned in any fraudulent evasion of any duty chargeable thereon or of any such prohibition as aforesaid or of any provision of this Act applicable to those goods, he shall be liable to a fine of six times the value of the goods or four hundred naira, whichever is the greater, or to imprisonment for two years, or to both.
(a) person who, while concerned in the commission of any offence against the customs and excise laws is armed with any offensive weapon; and
(b) person so found armed in Nigeria in possession of any goods liable to forfeiture under the customs laws, shall be liable to imprisonment for ten years
(2) If an offender under subsection (1) of this section is armed with any firearms and with such firearms causes injury to an officer he shall be sentenced to death.
(3) Any person who, while concerned in the commission of any offence against the customs and excise laws, is disguised in any way, and any person so disguised found in possession of any goods liable to forfeiture under the customs laws, shall be liable to imprisonment for three years.
PART XII. — FORFEITURE AND LEGAL PROCEEDINGS
FORFEITURE
(2) Any thing seized or detained under the customs and excise laws shall forthwith be delivered into the care of the Board and, subject to the provisions of the Third Schedule to this Act, shall, pending the determination as to its forfeiture or disposal, be dealt with, and, if condemned or deemed to have been condemned as forfeited, shall be disposed of, in such manner as the Board may direct.
(3) The provisions of the Third Schedule to this Act shall have effect for the purposes of forfeiture, and all proceedings for the condemnation of any thing as being forfeited, under the customs and excise laws.
(a) any ship, aircraft, vehicle, animal, container (including any article of passenger’s baggage) or anything whatsoever which has been used for, the carriage, handling, deposit or concealment of the thing so forfeited either at a time which it was so liable or for the purposes of the commission of the offence for which it later became so forfeited, and
(b) any other thing mixed, packed or found with the thing so forfeited shall also be forfeited.
(2) Where any ship, aircraft, vehicle or animal has become, forfeited under the customs and excise laws, whether by virtue of subsection (1) of this section or otherwise, all tackle, apparel or furniture thereof shall also be forfeited.
(2) Where any ship 1iable to forfeiture or inspection under subsection (1) of this section has failed to bring to when required so to do by a Government ship and, after the commanding officer of such Government ship has hoisted the proper ensign and caused a shot to be fired as a signal, the ship liable to forfeiture or inspection still fails to bring to, such Government ship may, on the instruction of the commanding officer, fire upon the ship liable to forfeiture or inspection with any weapon lawfully carried.
(3) In this section “Government ship” means a ship lawfully armed in the service of the Government of the Federation.
(2) For the purposes of this section, a ship shall be deemed to have been properly summoned to bring to if the ship did so by means of an international signal code or other recognized means and while flying her proper ensign
(a) was substantially the object of the voyage or flight in connection with which the offence was committed; or
(b) in the case of a ship, was committed while the ship was under chase by a ship employed in the enforcement of the customs and excise laws after failing to bring to when properly summoned to do so.
(2) For the purposes of this section, a ship shall be deemed to have been properly summoned to bring to if the ship making summons did so by means of an international signal code or other recognized means and while flying her proper ensign.
(3) The exemption from forfeiture of any ship or aircraft under this section shall not affect any liability to forfeiture of goods carried therein.
(2) Where any ship or aircraft is liable to a fine under subsection (1) of this section but the Board considers that fine an inadequate penalty for the offence, it may take proceedings in accordance with the Third Schedule to this Act, in like manner as it might but for section 173 of this Act have taken proceedings for the condemnation of the ship or aircraft if notice of claim had been given in respect thereof, for the condemnation of the ship or aircraft in such sum not exceeding one thousand naira as the court may see fit.
(3) Where any fine is to be imposed or any proceedings are to be taken under this section, the Board may, require such sum as it sees fit, not exceeding one hundred naira or, as the case may be, one thousand naira, to be deposited with the Board to await its fina1 decision or, as the case may be, the decision of court, and may detain the ship or aircraft until that sum has been so deposited.
(4) No claim shall lie against the Board for damages in respect of the payment of any deposit or the detention of any ship under this section.
(5) For the purposes of this section —
(a) the expression “responsible officer” includes —
(i) in the case of a ship not carrying a passenger certificate, the master, a mate, the chief steward and an engineer;
(ii) in the case of a ship carrying a passenger certificate, the master, the purser, the chief steward and the chief engineer;
(iii) in the case of an aircraft, the commander, a pilot, a navigator, the chief steward and the chief engineer;
(b) without prejudice to any other grounds upon which a responsible officer may be held to be implicated by neglect, he may be so held if goods not owned to by any member of the crew are discovered in a place under that officer’s supervision in which they could not reasonably have been put if he had exercised proper care at the time of the loading of the ship or subsequently.
(2) Where any proceedings, whether civil or criminal, are brought against the Board or any person authorised by or under this Act to seize or detain anything liable to forfeiture under the customs and excise laws on account of the seizure or detention of anything, and judgment is given for the plaintiff or prosecutor, then if either —
(a) a certificate relative to the seizure has been granted under subsection (1), of this section; or
(b) the court is satisfied that there were reasonable grounds for seizing or detaining that thing under the customs and excise laws, the plaintiff or prosecutor shall not be entitled to recover any damages or costs and the defendant shall not be liab1e to any punishment:
Provided that nothing in this subsection or in section 157 of this Act shall affect any right of any person to the return of the thing seized or detained or to compensation in respect of any damage to the thing or in respect of the destruction thereof
(2) Any certificate under subsection (1) of this section may be proved by the production of either the original certificate or a certified copy thereof purporting to be signed by an officer of the court by which it was granted.
GENERAL PROVISIONS AS TO LEGAL PROCEEDINGS
(2) A court shall not, except with the consent of the person charged, proceed to hear any charge in respect of an offence under any provision of the customs and excise laws unless the continuation of such proceedings is sanctioned by the Board.
(3) No proceedings shall be instituted except within seven years of the date of the commission of the offence.
(4) Nothing in subsection (2) of this section, shall prevent the institution of proceedings for an offence under the customs and excise laws by or in the name of the Attorney-General of the Federation in accordance with the provisions of the Constitution of the Federal Republic of Nigeria in any case in which he thinks it proper that proceedings should be so instituted, or the continuation of proceedings so instituted.
(a) in any court having jurisdiction in the place where the person charged with the offence resides or is found; or
(b) in any court having jurisdiction in that part of Nigeria where the offence was committed, and every such court shall be deemed to have jurisdiction to try the offence accordingly.
(2) Where an offence under the customs and excise laws is committed at some place on the water or in the air outside the area covered by the jurisdiction of any court in Nigeria, the offence shall, for the purpose of conferring jurisdiction, be deemed to have been committed at any place in Nigeria where the offender is found or to which he is first brought after the commission of the offence.
(3) The jurisdiction conferred under subsection (2) of this section shall be in addition to and not in derogation of any jurisdiction or power conferred under any other enactment.
(2) As regards the conduct of proceedings under this Act (whether civil or criminal) in the Federal High Court, any reference to an officer shall be a reference to such officer who is a legal practitioner.
(a) where it is punishable with imprisonment for a term of two years or more, with or without a fine, shall be punishable either on summary conviction or on conviction on indictment;
(b) in any other case, shall be punishable on summary conviction.
(2) Notwithstanding anything in any enactment, every magistrate in any part of Nigeria shall have jurisdiction for the summary trial of any offence under the customs and excise laws, and may impose any fine or term of imprisonment provided by the customs and excise laws for that offence.
(3) Without prejudice to the powers of any other court of competent jurisdiction, any proceedings for condemnation under the Third Schedule to this Act or for the recovery of any duty or other sum payable under the customs and excise laws may be heard and determined, without limit of amount, by a court of summary jurisdiction.
(2) In any proceedings for an offence or for the condemnation of any thing as being forfeited under the customs and excise laws, the fact that security has been given by bond or otherwise for the payment of any duty of for compliance with any condition in respect of the non-payment of which or non-compliance with which the proceedings are instituted shall not be a defence.
(3) Where by or under any provision of the customs and excise laws a punishment is prescribed for an offence, and any person is convicted in the same proceedings or more than one such offence, that person shall be liable to that punishment for each such offence of which he is so convicted.
(4) Where a fine for any offence under the customs and excise laws is required to be fixed by reference to the value of any goods, that value shall be taken as the price which those goods might reasonably be expected to have fetched, after payment of any duty chargeable thereon, if he had been sold in the open market at or about the date of the commission of the offence for which the fine is imposed. A certificate as to the value of such goods under the hand of an officer shall be accepted as proof of such value, and shall be conclusive unless challenged by the person charged, in which event the court may proceed to hear evidence of value.
(5) Where an offence under the customs and excise laws which has been committed by a body corporate is proved to have been committed with the consent of connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In this subsection the expression “director”, in relation to any body corporate established for the purpose of carrying on under public ownership any industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
(6) Where, in any proceedings for an offence under the customs and excise laws, any question arises as to the duty or the rate thereof chargeable on any goods, and it is not possible to ascertained the relevant time of importation or exportation specified in section 78 of this Act, that duty or rate shall be determined as if the goods had been imported or exported, as the case may be, without entry at the time when the proceedings were commenced.
(2) Accordingly, section 30 (I) of the Police Act shall in any such case be read and construed as if the proviso of that section (which requires in certain cases the disposal of measurements etc. so taken) had been omitted, so however that measurements, photographs or fingerprint impressions retained under the powers conferred by the foregoing subsection shall not be received in evidence without the consent of the judge or magistrate hearing the case, in any prosecution of a person for an offence thereafter committed otherwise than under this Act.
(a) without prejudice to the provisions of section 160 of the Constitution of the Federal Republic of Nigeria (which relates to the power of the Attorney-General of the Federation to institute, continue or discontinue criminal proceedings against any person in any court of law) and subject to such directions whether general or special as may be given by the Attorney-General of the Federation, stay or compound any proceedings for an offence or for the condemnation of anything forfeited under the customs and excise laws; or
(b) without prejudice to the generality of section 5 of this Act and subject to such directions whether general or special as may be given by the Minister, restore anything forfeited or seized under the customs and excise laws.
(2) In any proceedings under the customs and excise laws certificates and copies of official documents purporting to be certified under the hand and seal or stamp of office of any of the principal officers of Customs or of Customs and Excise in a Commonwealth country, or of any Nigerian Consul or, Vice-Consul in any foreign country, shall be sufficient evidence of the matters therein stated unless the contrary be proved.
(a) that those proceedings were instituted by the order of the Board; or
(b) that any person is or was an officer or police officer; or
(c) that any person is or was appointed or authorised by the Board to discharge, or is engaged by the order or with the concurrence of the Board in the discharged of, any duty; or
(d) that the Board is or is not satisfied as to any matter as to which it is required by any provision of the customs and excise laws to be satisfied; or
(e) that any goods thrown overboard, staved or destroyed were so dealt with in order to prevent the seizure of those goods; or
(f) that any person was engaged in, or any ship, aircraft, vehicle or other thing was employed or used in, the enforcement of the customs and excise laws; or
(g) that the offence was committed or that any act was done in a specified place in Nigeria, shall unless the contrary is proved sufficient evidence of the matter in question.
(2) Where in any proceedings relating to customs or excise any question arises as to the place from which any goods have been brought or as to whether or not —
(a) any duty has been paid or secured in respect of any goods; or
(b) any duty alleged to be payable is correctly assessed; or
(c) any goods or other things whatsoever are of the description or nature alleged in the process; or
(d) any goods have been lawfully imported or lawfully unloaded from any ship, aircraft or vehicle; or
(e) any goods have been lawfully loaded into any ship, aircraft or vehicle or lawfully exported; or
(f) any goods were lawfully brought to any place for the purpose of being loaded into any ship, aircraft or vehicle or exported; or
(g) any goods are or were goods prohibited to be imported, exported or carried coastwise, then, where those proceedings are brought by or against the Attorney-General of the Federation, the Board or an officer, or having been commenced by the police, are continued by the Board or an officer, the burden of proof shall lie upon the other party to the proceedings.
PART XII. — MISCELLANEOUS
(2) Any appointment of or by, and any authority or license granted or approva1 given by, the President, the Minister or any officer under any Act repealed by this Act and in force immediately before the commencement of this Act shall have effect as if made, granted or given by the Federal Civi1 Service Commission, the Board or the Director as the case may be, under the corresponding provisions of this Act.
(3) Any document referring to any Act repealed by this Act shall, unless the contrary intention appears, be construed as referring to the corresponding provision of this Act.
(2) Members of the Preventive Service estab1ished in accordance with regulations made under subsection (1) of this section may, by an order in writing of the Board and under arrangements to be agreed between the Board and the Inspector-General of Police be seconded for training to the Nigeria Po1ice Force.
(3) During the period of any such secondment for training a member of the Preventive Service shall for the purposes of discipline, rank and training in accordance with the Police Act and the Police Regulations, be deemed to hold the rank of a recruit in the Nigeria Police Force, or such other rank as may be agreed with the Inspector-General of Police and specified in the order of the Board, and, subject to any necessary delegation by the Federal Civil Service Commission, shall be liable to be dealt with by a superior officer accordingly save that any punishment of dismissal which may be imposed under such Act or regulations shall be subject to the approval of the Board and not of the Inspector-General of Police or a Commissioner.
(4) During the period of any such secondment for training a member of the Preventive Service shall be entitled to the same exemptions in respect of any enactment relating to arms and ammunition as is applicable in respect of a recruit in the Nigeria Police Force (or in respect of such other rank as may be specified as aforesaid).
(2) Provisions shall be made by regulations for the safe custody of firearms and ammunition provided in pursuance of subsection (1) of this section.
(3) The authorisation to possess and control arms at ammunition given under’ subsection (1) of this section members of the Customs Preventive Service not below rank of Assistant Superintendent shall extend to officers that service not below the rank of Senior Preventive Officer, and to members of that service below that rank when, but only when, they are acting under the personal supervision of such an officer.
(4) For the purposes of sections 194 and 195 of this Act ―
“Ammunition” and “firearms” have the same meaning as in the Firearms Act.
“Preventive Service” means the Customs and Excise Preventive Service established by regulations made under section 194 of this Act.
“Regulations” means regulations made under section 194 of this Act.
FIRST SCHEDULE
VALUE OF IMPORTED GOODS
(a) there are no restrictions as to the disposition or use of the goods by the buyer, other than restrictions which-
(i) are imposed or required by law or by any public authority in Nigeria, or
(ii) limit the geographical area in which the goods may be resold, or
(iii) do not substantially affect the value of the goods ;
(b) the sale or price of the goods is not subject to some condition-or consideration for which a value cannot be ascribed or determined with respect to the goods being valued;
(e) no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer shall accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with the provisions of paragraph 7(1) of this Schedule; and
(d) the buyer and seller are not related as defined in paragraph 16 (2) (e) of this Schedule and if related, that buyer has proved to the satisfaction of the Board that the relationship has not influenced the price of the goods by showing that-
(i) the price of identical or similar goods in a transaction between persons for export to Nigeria, at or about the same period of time, closely approximates to the price of the goods to be valued,
(ii) the customs value of identical or similar goods as determined under the provisions of paragraph 4 of this Schedule in a transaction between unrelated persons, at or about the same period of time, closely approximates to the price of the goods to be valued,
(iii) the customs value of identical or similar goods as determined under the provisions of paragraph 5 of this Schedule in a transaction between unrelated persons, at or about the same period of time, closely approximates to the price of goods to be valued,
2.-(1) If the Customs value of an}”goods imported into Nigeria cannot be determined under the provisions of paragraph I of this Schedule, the Customs value of the imported goods shall be transaction value of identical goods already accepted under paragraph 1 of this Schedule sold for export to Nigeria and exported at or about the same time, at the same commercial level and in substantially the same quantity, as the goods being valued, adjustment having been made under paragraph 10 (1) and (2) of this Schedule to take account of significant difference in costs and charges between the imported goods and the identical goods arising from differences in distances and modes of transport.
(2) Where identical goods as mentioned in sub-paragraph (1) of this paragraph are found but are not at the same commercial level and in substantially the same quantity as the goods being valued, the transaction value of the goods shall still be used as the Customs Value of the goods being valued, provided that-
(a) adjustment can be made by demonstrated evidence to take account of the differences attributable to commercial level and quantity; and
(b) where the adjustment of the transaction value of the identical goods as stated in this sub-paragraph leads to a value different in figure from the transaction value already accepted for the identical goods under paragraph 1 of this Schedule, the higher value or figure shall be used as the customs value of the goods being valued.
3.-(1) If the Customs value of any goods imported into Nigeria cannot be determined under the provisions of paragraph 2 of this Schedule, then the customs value of the imported goods shall be the transaction value of similar goods already accepted under paragraph 1 of this Schedule sold for export to Nigeria and exported at or about the same time, at the same commercial level and in substantially the same quantity, as the goods being valued, adjustment having been made under paragraph 10 (1) and (2) of this Schedule to take account of significant difference in cost and charges between the imported goods and the similar goods arising from differences in distances and modes of transport.
(2) Where similar goods as mentioned in paragraph 2 (1) of this Schedule are found but are not as the same commercial level and in substantially the same quantity as the goods being valued, the transaction value of such goods shall still be used as the customs value of the goods being valued, provided that-
(a) adjustment can be made by demonstrated evidence to take account of the differences attributable to commercial level and quantity ;
(b) where the adjustment of the transaction value of the similar goods as stated in this sub-paragraph leads to a value different in figure from the transaction value already accepted for the similar goods under paragraph 1 of this Schedule, the higher value or figure shall be used as the customs value of the goods being valued.
4.-(1) Where the customs value of goods imported into Nigeria cannot be Sale Value. determined under the provisions of paragraph 1, 2 or 3 of this Schedule, the customs value shall be based on the unit price at which the imported goods, identical or similar goods (in that order) are sold in Nigeria in the conditions as imported, in the greatest aggregate quantity, at or about the time of importation of the goods being valued, to persons who are not related to the persons from whom they buy those goods, subject to deductions for the following-
(a) commissions usually paid, or agreed to be paid, additions usually made for profit, and any general expenses in connection with the sales in Nigeria of goods of the same class or kind, whether imported from the same country or not;
(b) the usual costs of transport and insurance and associated costs within Nigeria of the same identical, or similar goods (in that order) whether imported from the same country or not; and
(e) the customs duties, other Federal, State or Local Government taxes payable in Nigeria by reason of the importation or sale of the same, identical or similar goods (in that order).
(2) Where identical or similar goods to the goods being value are used to calculate the customs value as mentioned in sub-paragraph (1) of this paragraph, the goods should have been imported into Nigeria at the earliest date but not later than 90 days from the date of importation of the goods to be valued.
(3) If the goods imported into Nigeria, identical or similar goods are not sold in Nigeria in the condition as imported, the customs valued of the goods shall be based on the unit price at which the imported goods, after further processing, are sold in the greatest aggregate quantity or persons in Nigeria, who are not related to the persons from whom they buy those goods, due allowance being made for the value added by the processing and the deductions provided for in sub-paragraph (1) of this paragraph.
5.–(1)If the customs value of goods imported into Nigeria cannot be determined under the provisions of paragraph 1,2,3 or 4 of this Schedule, the Customs value shall be based on a computed value which shall consist of-
(a) the cost of value of materials and fabrication of other processing employed in producing the imported goods ;
(b) an amount for profit and general expenses equal to that usually reflected in sales of goods of the same class or kind as the goods being valued which are made by producers in the country of exportation for export to Nigeria; and
(e) the cost or value of all other expenses made under paragraph 7 (2) of this Schedule.
(2) For the purposes of determining a computed value of any goods-
(a) no person who is not resident in Nigeria shall be required or compelled to produce for examination, or to allow access to, any account or other record;
(b) information supplied by the producer of the goods or any other person, may be verified in another country by the Board through the Federal Government of Nigeria, with the agreement of the producer of the goods, provided sufficient advance notice is given to the Government of the producer’s country and that Government does not objects to the investigation.
6.-(1) Where the customs value of goods imported into Nigeria cannot be determined under the provisions of paragraphs 1, 2, 3, 4, or 5 of this Schedule, the Customs Value shall be determined using reasonable means consistent with the principles and general provisions of this Schedule, and on the basis of data available in Nigeria.
(2) No customs value shall be determined under the provisions of sub-paragraph (1) of this paragraph on the basis of-
(a) the selling price in Nigeria of identical or similar goods produced in Nigeria; or
(b) a system which provides for the acceptance for customs value purposes of the higher of two alternatives; or
(c) the price of goods on the domestic market of the country of exportation; or
(d) the cost of production of the goods being valued, other than computed values determined for identical or similar goods in accordance with the provisions of paragraph 5 of this Schedule; or
(e) the price of goods for export to a country other than Nigeria; or
(f) minimum customs values; or
(g) arbitrary or fictitious values.
(3) For purposes of determining customs value under sub-paragraph (1) of this paragraph, the Board may-
(a) use to the greatest extent possible; Customs Value previously determined under paragraphs 1,2, 3,4 and 5 of this Schedule; and
(b) be reasonably flexible in the application of the methods already enumerated in paragraphs 1,2,3,4, and 5 of this Schedule.
7.–(1) For the purposes of determining the customs value under the provisions of paragraph 1 of this Schedule, there shall be added to the price actually paid or payable for the goods imported into Nigeria-
(a) to the extent that they are incurred ‘by the buyer but are not included in the price actually paid or payable for the goods-
(i) commission and brokerage, except buying commission,
(ii) the cost of containers which are treated as being one for customs purposes with the goods in question,
(iii) the cost of packing, whether for labour or materials;
(b) to the extent that the value has not been included in the price actually paid or payable, the value, apportioned as appropriate, of the following goods and services, where supplied directly or indirectly by the importer free of charge or at reduced cost for use in connection with the production and sale for export of the imported goods-
(i) a material, component, part and similar items incorporated in the imported goods,
(ii) a tool, die, mould, and similar Item used in the production of the imported goods,
(iii) a material consumed in the production of the imported goods,
(iv) engineering, development, art work, design work, plan, and sketch undertaken elsewhere than in Nigeria and necessary for the production of the imported goods;
(e) royalty and licence fee related to the goods being valued which the buyer must pay, either directly or indirectly, as a condition of sale of the goods being valued, to the extent that such royalty and fee are not included in the price actually paid or payable; and
(d) the value of any part of the proceeds of any subsequent resale, disposal or use of the imported goods which accrues directly or indirectly to the exporter.
(2) In determining the customs value under the provisions of paragraph 1 of this Schedule, there shall also be added to the price actually paid or payable-
(a) the cost of transporting the imported goods to the port or place of importation;
(b) loading, unloading and handling charges associated with the transport of the imported goods to the port or place of importation; and
(c) the cost of insurance.
(3) An addition or a deduction to the price actually paid or payable shall be made, in any valuation under this Schedule only on the basis of objective and quantifiable data, and as provided for in this Schedule.
8.-(1) The valuation methods enumerated in paragraphs 1,2,3,4,5, and 6 of this Schedule shall be followed sequentially, so however that the buyer of the goods being valued shall have the right, on a request in writing to the Board made within three days of the valuation, to demand that the sequential order as enumeration in paragraphs 4 and 5 of this Schedule be changed, stating in ‘the request the reasons for the demand.
(2) On receipt of a request in writing from the buyer under sub-paragraph (1) of this paragraph, the Board shall consider the request and shall, if satisfied with the reasons contained in the request, accordingly change the sequential order of valuation, and communicate the change in writing to the buyer or his agent not later than 7 days from the date of receipt of the request.
(3) Where the Board is not satisfied with the reasons given by the buyer for a change in the sequential order of valuation, it shall, within 7 days of receipt of the request, communicate its decision to the buyer or his agent and the decision of the Board on the issue shall be final.
(4) Every buyer shall have the right, on a written request to the Board, to have a written explanation from the Board, not later than 10 days from the date of receipt of the letter containing the determination, as to how the Customs Value of goods imported by him into Nigeria was determined.
9.—(1) Where the conversion of currency is necessary for the determination of the customs value of any good, the rate of exchange to be used shall be that duly published by the Federal Ministry of Finance and shall reflect as effectively as possible, in respect of the period covered by the document of publication, the current value of the currency in commercial transaction in terms of the Naira.
(2) The conversion rate to be used shall be that in effect at the time of entry of the goods into Nigeria.
10.-(1) If, in the course of determining the customs value of goods imported into Nigeria, it becomes necessary to delay the final determination of the customs value, the buyer of the goods shall be permitted by the Board to clear and take possession of the imported goods if, where so required, the buyer provides-
(a) adequate surety for payment of any customs duty that may be payable; or
(b) a deposit or some other appropriate instrument, covering the ultimate payment of any customs duty that may be payable; or
(c) any other form of guarantee whic1’l:.inthe opinion of the Board, is sufficient to ensure payment of any customs duty that may be payable on the delayed valuation.
(2) Delay in the final determination of customs value as stated in sub-paragraph (I) of this paragraph shall not be later than 30 days from the date of valuation commenced.
11.- An information which is by nature confidential or which is provided on a confidential basis for the purposes of Customs valuation shall be treated as strictly confidential by the Board, to be disclosed only-
(a) on the specific permission of the person or government providing such information ; or
(b) to the extent required in any judicial proceedings ; or
(c) to the extent required by the Board in satisfying itself as to the truth or accuracy of any statement, document or declaration presented for customs valuation purposes.
12.–(1)When a declaration has been presented and the Board has reason to doubt the truth or accuracy of the particulars or documents produced in support of the declaration, the Board may request the importer of the goods to provide further explanation, including document or other evidence, that the declared value represents the total amount actually paid or payable for the imported goods, adjusted in accordance with the provisions of paragraph 7 (1) of this Schedule.
(2) If, after receiving further information, or in the absence of a response, the Board still has reason to doubt the truth or accuracy of the declared value, it shall be deemed, having regard to the provisions of paragraph 6 (I) of this Schedule, that the customs value of the imported goods cannot be determined under the provisions of paragraph 7 (I) of this Schedule but the Board shall, before taking final decision, communicate to the buyer, in writing if requested, its grounds for doubting the truth or accuracy of the particulars or documents produced and the buyer shall be given a reasonable opportunity to respond.
(3) When a final decision is made, the Board shall communicate to the buyer in writing its decision and the grounds for the decision.
(4) Every buyer shall keep records of all his transactions which shall be produced to the Board on demand.
13.-(1) If a buyer or his agent is not satisfied with the customs valuation of his imported goods, he may, within 7 days of becoming aware of the valuation, appeal to the Customs Area Comptroller in charge of the area where the valuation took place stating the reason for the appeal.
(2) The Customs Area Comptroller concerned shall consider the appeal and shall, within 21 days of receipt of the appeal, communicate to the buyer or his agent the result of the appeal.
(3) Where the buyer or his agent is not satisfied with the decision of the Customs Area Comptroller, he may, within 14 days of receipt of the decision, appeal to the Comptroller-General of Customs.
(4) The Comptroller-General of Customs shall, not later than 10 days from the date of receipt of the appeal, communicate to the buyer or his agent, the result of the appeal.
(5) If a buyer or his agent is not satisfied with the decision of the Comptroller- General he may, within 14 days of his becoming aware of the decision, institute an action in Court.
(6) Nothing in this Schedule shall be construed as preventing the Board from collecting the assessed Customs duties before accepting an appeal, so however that where an appeal succeeds, the buyer shall be entitled to a refund of any excess duty paid
16.-(1) In this Schedule-
“Commercial level” means the step at which the goods are changing hands, the first commercial level being between the seller and the buyer, the second being between the buyer and the first buyer in Nigeria and subsequently in that order;
“Customs value of goods imported into Nigeria” means the value of goods for the purposes of levying ad valorem duties of Customs on goods imported into Nigeria;
“date of importation” means the date of entry of the imported goods into Nigeria;
“goods of the same class or kind” means goods which fall within a group or range of goods produced by a particular industry or industry sector, and includes identical or similar goods ;
“identical goods” and “similar goods” excludes, as the case may be, goods which incorporate or reflect engineering, development, art work, design work, plans and sketches for which no adjustment has been made under paragraph 7 (1) (b)(iv) of this Schedule because they were undertaken in Nigeria;
“Identical goods” means goods which are the same in all respect, including physical characteristics, quality and reputation, so however that minor differences in appearance would not preclude goods otherwise conforming to the definition from being regarded as identical;
“price actually paid or payable” includes all payments made or to be made as a condition of sale of the imported goods, by the buyer to or for the benefit of the seller, or by the buyer to or for the benefit of a third party to satisfy an obligation of the seller.
“produced” includes grown, manufactured and mined;
“similar goods” means goods which, although not alike in all respects, have like characteristics and like component materials which enable them to perform the same functions and to be commercially inter-changeable considering the quality of the goods, their reputation and the existence of a trademark;
“transaction value” means the price actually paid or payable for goods when sold for export to Nigeria.
(2) In this Schedule- Schedule.
(a) except the contrary is specifically stated in a particular paragraph, goods shall not be regarded as identical goods or similar goods unless they were Produced in the same country as the goods being valued;
(b) goods produced by a different person shall be taken into account when there are no identical goods or similar goods, as the case may be, produced by the same person as the goods being valued;
(c) persons shall be deemed to be related if-
(i) they are officers or directors of each others business, or
(il) they are legally recognized partners in business, or
(iii) they are employer and employee,. Or
(iv) one of them, directly or indirectly, owns, controls or holds at least 5 per cent of the outstanding voting stock of shares of both of them, or
(v) one of them, directly or indirectly, controls the other, or
(vi) both of them are directly or indirectly controlled by a third person, or
(vii) together they directly or indirectly control a third person, or
(viii) they are members of the same family, or
(ix) they are associated in business with each other as sole agent, sole distributor or sole concessionaire, however described and fall into any of the proceeding provisions of this sub-paragraph.”
SECOND SCHEDULE
FORM OF WARRANT OF DISTRESS
To ………………………………………………………………….
The Customs, Immigration and Prisons Services Board, by virtue of the powers vested in it by section 134 of the Customs and Excise Management Act, hereby authorises you to collect and recover the sum of ……………………………………… due for excise duty from …………………………… manufacturer, having his premises at ………………………………………………………………………………….. and for the recovery thereof further authorises that you, with the aid (if necessary) of your assistants and calling to your assistance any police officer (if necessary), which assistance he is hereby required to give, do forthwith levy by distress the said sum together with the costs and charges of and incident to the taking and keeping of such distress, on the goods, chattels and other lands distrainable things of the said manufacturer wherever the same may be found and on all machinery, plant, tools, ships, aircraft, vehicles, animals, goods and effects used within Nigeria in the manufacture, sale or distribution of excisable goods which you may find in any premises or on any lands in the use or possession of the said manufacturer or of any person on his behalf or in trust of him.
And for the purpose of levying such distress you are hereby authorised, if necessary, with such assistance as aforesaid to break open any building or place in the daytime.
Signed for and on behalf of the Customs, Immigration and Prisons Services Board at ……………..this …………………… day of …………………….. 19 …………………….
Collector (or as the case may be)
Customs and Excise Management Act
THIRD SCHEDULE
PROVISIONS RELATING TO FORFEITURE
NOTICE TO SEIZURE
Provided that notice shall not be required to be given under this paragraph if that seizure was made in the presence of —
(a) the person whose offence or suspected occasioned the seizure; or
(b) the owner or any of the owners of the thing seized or any servant or agent of his; or
(c) in the case of any thing seized in any ship, aircraft or vehicle, the master of that ship, commander of that aircraft or person in charge of that vehicle.
(a) if delivered to him personally: or
(b) if addressed to him and left or forwarded by post to him at his usual or last known place of abode or business, or, in the case of a body corporate, at their registered or principal office; or
(c) where he has no address within Nigeria, or his address is unknown, by publication of notice of seizure in the Federal Gazette.
NOTICE OF CLAIM
Provided that the Board may, at its discretion, extend the period in which notice of a claim may be given.
CONDEMNATION
PROCEEDINGS FOR CONDEMNATION BY THE COURT
(a) in any such court having jurisdiction in the place where any offence in connection with that thing was committed or where any proceedings for such an offence are instituted;
(b) in any such court having jurisdiction in the place where the claimant resides, or if the claimant has specified a legal practitioner under paragraph 4 of this Schedule, in the place where that legal practitioner has his office;
(c) in any such court having jurisdiction in the place where that thing was found, detained or seized or to which it is first brought after having been found, detained or seized.
(2) If the requirements of this paragraph are not complied with, the court shall give judgment for the Board.
PROVISIONS AS TO PROOF
SPECIAL PROVISIONS AS TO CERTAIN CLAIMANTS
(a) where the owner is a body corporate, the secretary or some duty authorised officer of that body;
(b) where the owners are in partnership, any one of those owners;
(c) where the owners are any numbers of persons exceeding five, not being in partnership, any two of those persons on behalf of their co-owners.
POWER TO DEAL WITH SEIZURES BEFORE CONDEMNATION, ETC.
(a) deliver it up to any claimant upon his paying to the Board such sum as the Board thinks proper, being a sum not exceeding that which, in its opinion, represents the value of the thing, including any duty chargeable thereon which as not been paid; or
(b) if the thing seized is a living creature or is in the opinion of the Board of a perishable nature, sell or destroy it.
(a) an amount equal to any sum paid by him under sub-paragraph (a) of paragraph 15 of this Schedule; or
(b) where the Board has sold the thing, an amount equal to the proceeds of sale; or
(c) where it has destroyed the thing, an amount equal to the market value of the thing at the time of its seizure;
Provided that where the said amount includes any sum on account of any duty chargeable on the thing which had not been paid before its seizure the Board may deduct so much of that amount as represents that duty.
(2) If the claimant accepts any amount tendered to him under sub-section (1) of this paragraph, he shall not be entitled to maintain any action on account of the seizure, detention, sale or destruction of the thing.
CUSTOMS AND EXCISE MANAGEMENT ACT
CHAPTER 84
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
PAGE
The measurements in these Regulations are in English measurements but should be converted to the metric system of measurement when intended to be applied.
BREWING REGULATIONS
ARRANGEMENT OF REGULATIONS
BREWING REGULATIONS
UNDER SECTION 111
Commencement: 1st April, 1959
A— GENERAL
B—ENTRY OF PREMISES AND VESSELS
C—BREWING BOOK
(a) keep the book in such part of his entered premises as the Board may require, available at all times for inspection by an officer, and shall permit an officer at any time to inspect it and make extracts there from;
(b) enter separately in the book in the appropriate column the quantities of material which he intends to use in his next brewing and also the day and hour when such materials are to be used;
(c) make such entry, so far as respects the day and hour of brewing, twenty-four hours at the least before he shall begin to brew and, so far as respects the quantities of materials, two hours at the least before the hour entered for their use;
(d) two hours at the least before the hour entered for brewing, enter in the book the time when all the worts will be drawn off the grains in the mash tun and the time when the worts shall be removed from the worts receiver to the fermenting or collecting vessels;
(e) within two hours of the worts being collected in the collecting or fermenting vessels, enter in the book the particulars of the quantity and gravity of the worts produced from each brewing, and also the description and number of the collecting or fermenting vessel or vessels into which the worts have been conveyed. Should the process of brewing adopted be such that it is inconvenient to take account of the quantity of worts in any collecting or fermenting vessels, then at least two hours before the worts are removed from the worts receiver to the collecting or fermenting vessel or vessels enter in the book the particulars of the quantity and gravity of the worts produced from each brewing, and also the description and number of the collecting or fermenting vessel or vessels into which such worts shall be conveyed;
(f) if fermentation has commenced in any worts before he has entered the quantity and gravity thereof in the book, enter the true original gravity of such worts before fermentation;
(g) enter separately in the book in the appropriate column the quantity of water he intends to add to the brewed wort at any stage of the brewing;
(h) at the time of making any entry, insert the date and hour when such entry was made.
D—BREWING OPERATIONS
(2) All worts shall be removed successively, and in the customary order of brewing, from the mash tun to the under back and thence to the coppers, coolers and collecting and fermenting vessels, and shall not be removed from the last mentioned vessels until after the expiration of twenty-four hours from the time at which the whole of such worts shall have been collected in such vessels, unless in the meantime the proper officer shall have attended and taken an account of such worts.
(3) When worts shall have commenced running into a collecting or fermenting vessel, the whole of the produce of that brewing shall be collected within twelve hours.
(2) A brewer shall not mix the produce of one brewing with that of any other brewing unless he has given twelve hours previous notice in writing to the proper officer, and he shall specify in writing the quantity and gravity of the worts when mixed, but a brewer having weak worts of an original gravity not exceeding 1025 degrees may, if he thinks fit, reserve them for mixing with the worts of his next brewing, but in such case be shall keep all such weak worts in the coppers, heating tanks or other vessels entered for the purpose.
(3). Whether or not fermentation has ceased, a brewer shall not transfer a brewing from one fermenting vessel to another fermenting vessel unless he has given twelve hours previous notice in writing to the proper officer.
E—SUGAR
(2) A brewer shall not receive on the entered premises any sugar unless it is accompanied by an invoice from the supplier thereof, showing the marks on each package and the particulars of the description, and the weight or quantity of the contents.
(3) All sugar received on the entered premises shall be immediately deposited in the sugar store and shall not be removed there from except for the purpose of being used in brewing in accordance with an entry in the brewing book kept under regulation 5 of these Regulations.
(4) Accounts may be taken, as the Beard may direct, of any description of sugar received by a brewer on the entered premises, and any brewer to whom the Board shall give notice in writing that such accounts shall be taken, shall deliver to the proper officer all sugar of each and every description on the entered premises, and every invoice relating thereto, and such brewer shall thereafter and until further notice deliver to the officer all invoices relating to sugar of every description subsequently received on the entered premises.
F—CHARGE OF EXCISE DUTY ON BEER
(2) In respect of each brewing, duty shall first be charged by reference to the quantity and original gravity of the worts produced, as recorded by the brewer in pursuance of regulation 5 of these Regulations or as ascertained by the proper officer, whichever quantity and whichever gravity is the greater.
(3) There shall be ascertained in respect of each brewing —
(a) the quantity of worts of an original gravity of 1055 degrees which is the equivalent of the worts produced; and
(b) the quantity of worts of that gravity deemed to have been brewed from the material used calculated in accordance with regulation 13 of these Regulations; and if the quantity mentioned in paragraph (b) of this regulation, less four per cent, exceeds the quantity mentioned in sub-paragraph (a) of this paragraph, duty shall in addition be charged on the excess.
(4) In respect of accidental loss and waste as arises in the brewing of beer, a deduction of six percent shall be made from the quantity of worts on which duty is to be charged.
(5) For the purpose of paragraph (3)(a) of this regulation, the equivalent therein mentioned shall be taken to be the quantity of the worts produced —
(a) multiplied by the number less 1,000 of the degrees representing their original gravity; and
(b) divided by fifty-five.
(6) If at any time while any worts are in the collecting or fermenting vessels at a brewery the original gravity of the worts is found to exceed by five or more degrees the gravity recorded by the brewer in pursuance of regulation 5 of these Regulations or that ascertained by the proper officer, those worts may be deemed to be the produce of a fresh brewing and charged with duty accordingly.
(7) Subject to paragraph (8) of this regulation, the amount payable in respect of duty shall become due immediately the worts arc collected in a storage vessel already for bottling.
(8) The Board may cause the charge to be made up at the close of each month in respect of all the brewing during that month and, in that case, the aggregate of the quantities of the worts deemed to have been brewed from the material used shall be treated as worts produced or deemed to have been brewed in one brewing, and the Board may, if it thinks fit, allow payment of the duty to be deferred upon such terms as it sees fit but so that the date of payment shall not be later than the 21st day of the month next following that in which the duty was charged.
(2) For the purpose of paragraph (1) of this regulation, the expression “unit of materials” means
(a) eighty-four pounds weight of malt or corn if any description; or
(b) fifty-six pounds weight of sugar; or
(c) a quantity of malt, corn and sugar or any two of those materials, which by relation to sub-paragraphs (a) and (b) of this paragraph is the equivalent of either of the quantities mentioned in those paragraphs.
(3) Where any materials used for brewing by the brewer are proved to the satisfaction of the Board to be of such description or nature that some deduction from the quantity deemed to have been brewed should be made, the Board shall make such a deduction from that quantity as will in its opinion afford just relief to the brewer.
(4) In paragraph (2) of this regulation, the expression “sugar” includes —
(a) any saccharine, substance, extract or syrup;
(b) rice;
(c) flaked maize and any other description of corn which in the opinion of the Board is prepared in a manner similar to flaked maize;
(d) any, other material capable of being used in brewing except malt or corn, and the expression “corn” in that subsection means corn other than corn included in the foregoing definition of sugar.
G —BOARD’S DISCRETIONARY POWER IN SPECIAL CIRCUMSTANCES
DRAWBACK (CUSTOMS) REGULATIONS – under section 137
Commencement: 1st April, 1959
PART I ―GENERAL
(2) This part of these Regulations shall apply in relation to the grant of a drawback of customs duties paid on the importation of any goods, Part II in relation to the grant of a drawback of customs duties paid on the importation of goods which are subsequently exported in the same state as that in which they were imported, and Part III in relation to the grant of a drawback of customs duties paid on the importation of goods which are used in any process of manufacture in Nigeria.
“Exportation” includes putting on board a foreign-going ship or aircraft for use as stores;
“Imported in bulk in its application to aviation and motor spirit and refined petroleum illuminating oil means imported in receptacles having capacities not less than those specified in any regulations made from time to time under the Petroleum Act relating to the importation of petroleum in bulk;
“Manufacture” includes processing and assemb1y.
(2) For the purpose of these Regulations goods shall be regarded as having been used in manufacture, if they have formed part of the raw material on which the process of manufacture has been carried out, and not otherwise.
(a) that at the time of importation the goods are completely enclosed in packages to the satisfaction of the proper officer or if not so enclosed consist of identifiable single units or if in bulk are capable of measurement or identification;
(b) that if in regard to any particular description of goods or any particular consignment the Board so directs each package or unit on importation shall prior to delivery be marked or secured by the importer and shall be kept so marked and secured;
(c) that the person presenting the goods for examination shall furnish the proper officer with such samples as he requires for purposes of test or otherwise and duly assist such officer in examining and taking an account of such goods.
(2) It shall be a further condition of the granting of any drawback on any goods, where the drawback is claimed on the exportation of such goods ―
(a) that the goods are not prohibited by law from being exported;
(b) that perfect entry of the goods shall have been made at importation and that such other documents shall have been submitted with the entry as the Board may from time to time direct;
(c) that the goods shall have been duly produced to the proper officer at the approved place of examination prior to loading and also, if the proper officer so requires, on board the aircraft, ship or vehicle on which they were to be exported;
(d) that the goods shall have been conveyed direct and without delay from the place of examination on to the aircraft, ship or vehicle in which they were to be exported:
Provided that in his discretion the proper officer may allow good to remain in official custody for a reasonable period at the risk and expense of the exporter in which case drawback shall not be allowed unless thereafter the goods are conveyed direct and without delay after receiving the permission of the proper officer from the place of deposit on to the aforementioned aircraft, ship or vehicle;
(e) that the person claiming drawback shall have given due notice of his intention to ship the goods and shall ship them under the direction of an officer after entering them in accordance with form C. 2; and
(f) that if the proper officer so requires the person claiming drawback shall produce within the time allowed by the Board a certificate in respect of the landing of such goods as are entered for exportation issued by the competent authority at the port of place of discharge.
(a) where in its discretion the Board considers that the value of the goods has on account of deterioration or any other cause whatsoever substantially depreciated since the importation thereof; or
(b) where goods other than aviation spirit, motor spirit and refined petroleum illuminating oil imported in bulk are exported or used as prescribed in column 2 of the Schedule to these Regulations after the expiration of two years from the date of the inward report of the aircraft, vessel or vehicle at the port or place where goods were first imported into Nigeria.
(2) No drawback shall be paid in respect of any exported —
(a) where the goods are exported by inland water or overland otherwise than by air: