Section 779 CAMA 2020
Section 779 Companies and Allied Matters Act is about Production of documents and evidence. It is under Chapter 8 (Investigation) of the Act.
(1) The designated partner and partners of the limited liability partnership shall—
(a) preserve and produce before an inspector or any person authorised by him in that behalf with the or approval of the Commission, all books and papers of, or relating to, the limited liability partnership or the other entity,as the case may be, which are in their custody or power ; and
(b) give the inspector all assistance in connection with the investigationwhich they are reasonably able to give.
(2) The inspector may, with the previous approval of the Commission,require any entity, other than an entity referred to in subsection (1), to furnish such information to, or produce such books and papers before him or any person authorised by him in that behalf, with the previous approval of the Commission, as he may consider necessary, if the furnishing of such information or the production of such books and papers is relevant or necessary for the purposes of his investigation.
(3) The inspector may keep in his custody any books and papers produced under subsections (1) or (2) for 30 days and thereafter shall return the same to the limited liability partnership, other entity or individual by whom or on whose behalf the books and papers are produced :
Provided that the inspector may call for the books and papers if they are needed again and that if certified copies of the books and papers producedunder subsection (2) are furnished to the inspector, he shall return those booksand papers to the entity or person concerned.
(4) An inspector may—
(a) examine on oath—
(i) any of the persons referred to in subsection (1),
(ii) with the prior approval of the Commission, any other person in relation to the affairs of the limited liability partnership or any other entity,as the case may be ; and
(b) administer an oath accordingly and for that purpose may require any of those persons to appear before him personally ;
(c) if any person fails without reasonable cause or refuses to—
(i) produce before an inspector or any person authorised by him in that behalf, with the prior approval of the Commission, any book orpaper which it is his duty under subsections (1) or (2) to produce,
(ii) furnish any information which is his duty under subsection (2) tofurnish,
(iii) appear before the inspector personally when required to do sounder this subsection or to answer any question which is put to him bythe inspector under that subsection, or
(iv) to sign the notes of any examination,the inspector shall certify the refusal in writing and apply to the Court for contempt proceedings against the person, the Court may thereupon enquire into the case, and after hearing any witnesses who may be produced against or on behalf of the alleged offender or any statement which may be offered in defence, the Court may punish the offender in like manner as if he had been guilty of contempt of the court.
(5) The notes of any examination under subsection (4) shall be written and signed by the person whose examination was made on oath and a copy of such notes shall be given to the person so examined on oath and thereafter be used as evidence by the inspector.
