Section 280 CAMA 2020
Section 280 Companies and Allied Matters Act is about Restraint of fraudulent persons. It is under Chapter 11 (Directors) of the Act.
(1) Where—
(a) a person is convicted by a High Court of any offence in connection with the promotion, formation or management of a company, or(b) in the course of winding-up a company, it appears that a person—(i) has been guilty of any offence for which he is liable (whether he has been convicted or not) under sections 668-670 of this Act, or(ii) has been guilty of any offence involving fraud, the court shall make
(2) The period of disqualification referred to in subsection (1) shall commence after the sentence for the offence has been served or on the date the fine for the offence is paid.
(3) In this section, the “High Court and the court”, where used in relation to the making of an order against any person by virtue of subsection (1) (a),includes the court before which he is convicted, as well as any court having jurisdiction to wind up the company, and in relation to the granting of leave means any court having jurisdiction to wind up the company as respects which leave is sought.
(4) A person intending to apply for the making of an order under this section by the court having jurisdiction to wind-up a company shall give atleast 10 days’ notice of his intention to the person against whom the order is sought, and on the hearing of the application, the last mentioned person may appear in person and give evidence or call witnesses.
(5) An application for the making of an order under this section by the court having jurisdiction to wind-up a company, may be made by the official receiver, the liquidator of the company or person who is or has been a member or creditor of the company, and on the hearing of any application for an order under this section by the official receiver or the liquidator, or of any application for leave under this section by a person against whom an order has been made on the application of the official receiver or liquidator, the official receiver or liquidator shall appear and call the attention of the court to any matter which seem to him to be relevant, and may himself give evidence or call witnesses.
(6) An order may be made by virtue of subsection (1) (b) (ii),notwithstanding that the person concerned may be criminally liable in respect of the matters on the ground of which the order is to be made, and for the purposes of the said paragraph (b) (ii), “officer” includes any person in accordance with whose directions or instructions the directors of the company have been accustomed to act.
(7) If any person acts in contravention of an order made under this section, he commits an offence and in respect of each offence, is liable on conviction to a fine as the Court deems fit or to imprisonment for a term of atleast six months or more than two years, or both.
