FERTILIZER (CONTROL) ACT

ARRANGEMENT OF SECTIONS

SECTIONS

1. Unauthorised sale of fertilizer.

1. Delays, defaults, dumping, etc., of fertilizer.
2. Designation of selling point.
3. Conversion, etc., of fertilizer.
4. Prohibition of exportation of fertilizer.
5. Power of magistrate to issue warrant.
6. Power to search.
7. Offence.
8. Jurisdiction.
9.     Interpretation.
   11.    Short title.

FERTILIZER (CONTROL) ACT

An Act to provide for the control of the sale and distribution of fertilizer and for 
matters connected therewith.

[1992 No. 90.)

[15th December, 1992]

[Commencement.)

1.  Unauthorisedsale of fertilizer

As from the commencement of this Act, any person who, without the permission of
the appropriate authority, deals in, sells or distributes fertilizer in any place not desig-
nated for the purpose of sale or distribution of fertilizer, shall be guilty of an offence un-
der this Act and shall be accordingly punished as stipulated in this Act.

1. Delays, defaults, dumping, etc., of fertilizer

A person engaged under a duty of contract and charged under that duty with the de-
livery, haulage or transportation within a specified period of fertilizer who-

(a)        fails, defaults, refuses, or delays the delivery of such fertilizer; or

       (b)      fails to deliver the quantity of fertilizer contracted to him for delivery, haulage
or transportation; or

(c)        dumps the fertilizer at any unauthorised place,

is guilty of an offence under this Act and shall accordingly be punished as stipulated in
this Act.

1. Designation of selling point

(1) The appropriate authority may declare any place to be an approved selling or dis-
tributing point for the purpose of selling or distributing fertilizer.

(2) Every such selling or distributing point shall be made known in the manner cus-
tomary in the area by the appropriate authority.

1. Conversion, etc., of fertilizer

A person engaged by the appropriate authority in the sale, custody, distribution or
transportation of fertilizer, who diverts or converts the fertilizer to his own use or the use
of another, is guilty of an offence under this Act and shall accordingly be punished as
stipulated in this Act.

1. Prohibition of exportation of fertilizer

(1) Notwithstanding anything contained in any enactment, no person shall export fer-
tilizer out of Nigeria.

(2) Any person who-

(a)              takes or attempts to take or causes to be taken or induces any person to take
fertilizer out of Nigeria; or

(b)              loads and brings fertilizer to any place for the purpose of being exported fer-
tilizer,

is guilty of an offence under this Act and liable to be punished as stipulated in this Act.
(3) Any customs officer or other person who aids, counsels, procures or conspires
with any other person to commit an offence under this section is guilty of the offence and
liable to be punished as stipulated under this Act.

1. Power of magistrate to issue warrant

(1) A magistrate, if satisfied by information upon oath that there is reasonable ground
for believing that there is in any building, premises, container, shop or place within the
State or part of the Federation in which he has jurisdiction, that-

(a)              anything upon or in respect of which an offence against the provisions of this
Act has been or is suspected of having been committed; or

(b)              anything which there is reasonable ground for believing will afford evidence as to the commission of any such offence; or

(c)               anything which there is reasonable ground for believing is intended to be used
for the purposes of committing such offence,

may at any time issue a warrant under his hand authorising any police officer named
therein or person authorised by the appropriate authority at any time or times to enter or

open, if need be by force, the building, premises or place named in the warrant and to
examine the same and search for any such thing and to seize it.

(2) Any fertilizer or thing seized under the authority of such warrant shall as soon as
possible be brought before a court to be dealt with accordingly.

1. Power to search

In addition to the power conferred by subsection (1) of section 6 of this Act, any po-
lice officer or person authorised by the appropriate authority, may search the property of
any person where the officer or person in question has reason to believe that the person
who or whose property is to be searched is in unlawful possession of fertilizer.

1. Offence

(1) Any person who commits any offence under section 1, 2, 4 or 5 of this Act shall
on conviction be liable to imprisonment for ten years without the option of a fine.

(2) Where an offence under section 1, 2, 4, or 5 of this Act has been committed by a
body corporate, every person who at the time of the commission of the offence was a
proprietor, director, general manager, secretary or other similar officer, servant or agent
of the body corporate (or a person purporting to act in any such capacity), shall be
deemed guilty of the offence and may be proceeded against and punished in accordance
with the provisions of this Act.

(3) Any person who aids, counsels, procures or conspires with any other person to
commit any offence under section I, 2, 4 or 5 of this Act is guilty of an offence and liable
on conviction to the same punishment as prescribed for the offence under this Act.

[1999 No. 62.]

1. Jurisdiction

(1) The Federal High Court shall have the jurisdiction to try offenders under this Act.
(2) The Federal High Court before which any person is convicted of any offence un-
der this Act shall order the forfeiture to the Government of the Federation the fertilizer
and any vehicle, ship, aircraft, animal, container or anything whatsoever which has been
used for the sale, carriage, distribution, handling or depositing of the fertilizer.

10. Interpretation

In this Act, unless the context otherwise requires-

“appropriate authority” means reference to the Minister of Agriculture and Rural
Development or any person or body authorised by him to give the required permission;
and

“fertilizer“ means any artificially produced chemical manure whether constituted by
macro, micro, organic or inorganic substances that can improve and sustain plant growth
and yield.

11. Short title

This Act may be cited as the Fertilizer (Control) Act.

                                                             FERTERLIZER (CONTROL) ACT

                                                                 SUBSIDIARY LEGISLATION

No Subsidiary Legislation