Section 365 CAMA 2020
Section 365 Companies and Allied Matters Act is about Criminal proceedings and other proceedings by the Attorney-General of the Federation. It is under Chapter 13 (Protection of minority against illegal and oppressive conduct action by or against the company) of the Act.
(1) If, from any report made under section 363, it appears that any person has, in relation to the company or anybody corporate whose affairs have been investigated by virtue of section 359, been guilty of any offence for which he is criminally liable, the report shall be referred to the Attorney-General of the Federation.
(2) If the Attorney-General of the Federation considers that the case referred to him is one in which a prosecution ought to be instituted, he shall direct action accordingly, and it is the duty of all past and present officers and agents of the company or other body corporate, (other than the defendant inthe proceedings), to give all assistance in connection with the prosecution which they are reasonably able to give.
(3) If, from any report made under section 363, it appears to theCommission that proceedings ought, in the public interest, to be brought by any body corporate dealt with by the report for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with the promotion or formation of that body corporate or the management of its affairs,or for the recovery of any property of the body corporate which has been misapplied or wrongfully retained, it may refer the case to the Attorney-General of the Federation for his opinion as to the bringing of proceedings for that purpose in the name of the body corporate and if proceedings are brought, it shall be the duty of all past and present officers and agents of the company or other body corporate (other than the defendants in proceedings), to give him all assistance in connection with the proceedings which they are reasonably able to give.
(4) Costs and expenses incurred by a body corporate in or in connection with any proceedings brought by it under subsection (3) shall, if not otherwise recoverable, be defrayed out of the Consolidated Revenue Fund
