S/N Section Description of offence Provision Brief note
1. 5(5) Trading/operating in Nigeria without a certificate of licence

 

 Any owner, charterer, agent or master of a ship who contravenes the provisions of subsection (1) of this section commits an offence and on conviction is liable to a fine not less than five hundred thousand naira and the ship shall be liable to be detained by any officer of customs or other designated officer.

 

 
2. 6(2) Failure to hoist flag Where a ship fails to hoist its flag as provided under this section, the master of the ship commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.

 

 
  8(1) Unduly assuming Nigerian Character A foreign ship shall be liable to forfeiture if a person uses the national colours and assumes the national character of Nigeria on board the foreign ship for the purpose of making that ship appear to be a Nigerian ship, unless the assumption made or the distinctive flag, ensign, pendant or marking was used, for the purpose of escaping capture by an enemy or by a ship of war in the exercise of a belligerent right.  
3.  9(2)  Concealment of Nigerian or assumption of foreign character

 

The master of a ship which is liable to forfeiture under subsection (1) of this section, if he commits or is privy to the commission of the offence, shall on conviction be liable to a fine not less than five hundred thousand naira or to imprisonment for a term not less than two years or both.

 

 
4. 10(1) Acquisition of interest in ship by unqualified persons If any person who is not qualified to own a registered Nigerian ship acquires as owner, any interest in a ship legal or beneficial, otherwise than by such transmission as is provided for in this Part ofthis Act-

(a) which is registered in Nigeria and owned wholly by persons qualified to own a registered Nigerian ship; and

(b) which uses the national colours and assumes the national character of Nigeria, that interest is liable to forfeiture.

 

This section however does not operated to prohibit a Nigerian ship which is exempted from registration from using on the coasts or inland waters of Nigeria, the national colours of Nigeria, or any other national colours which such ship is for the time being entitled to wear in accordance with any Act or rule of law.

 

5. 12 Hoisting an improper colour The master of the ship or the owner, if he is on board or every other person hoisting the pendant or colours, commits an offence and is liable on conviction to a fine not less than two hundred thousand naira. The offensive flag or pendant may also be confiscated.

 

An improper colour is (in respect of a Nigerian ship), any colours or pendant usually worn by ships of the naval forces of Nigeria or the distinctive national colours of any country except the national colours as the ship is, or (in the case of a foreign ship) any colours or pendant other than the proper national colours of the ship.

 

6. 13(5) Illegal use of ship name A person who acts or permits any person under his control to act, in contravention of this section or omits to do or permits any person under his control to omit to do, anything required by this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira; and, except in the case of an application being made under this section with respect to a ship which has not at any previous time been registered in Nigeria, the ship may be detained until this section is complied with.  
7. 15(2) Violation of the pre-conditions for approval name. If in respect of any ship, default is made in compliance with any conditions subject to which the approval of the Agency is granted under any rules made or deemed to have been made pursuant to this section, the owner of the ship commits an offence and on conviction is liable to a fine not less than one hundred thousand naira. This section applies both in cases where a ship name is sought to be newly registered and when an existing name is sought to be altered.
8. 18(4) Failure to give evidence as to the title of ship sought to be registered  If, within such time as may be determined by the Minister, not being less than thirty days, evidence to the satisfaction of the Registrar of the title of the ship to be registered is not given, the ship shall be liable to forfeiture.

 

 
9. 19(12) Failure to pay annual fees An owner, charterer or operator of a vessel who fails to pay the fee shall be liable to a fine not less than one hundred thousand naira. The section makes every vessel registered in Nigeria and every chartered vessel subject to the payment of such annual fee as the Minister may by order impose.
10. 23(3) Failure to mark ship The owner or master of any ship who-

(a) fails to keep the ship marked as is required by this section in the case of ships of that class registered in Nigeria; or (b) removes, alters, defaces or obliterates, or suffers any person under his control to conceal, remove, alter, deface or obliterate, any of the marks on the ship, except as provided in subsection (2) of this section, or for the purpose of escaping capture by an enemy, commits an offence and on conviction is liable to a fine not less than one hundred thou- sand naira.

 
11 25(4) Failure to deliver accurate certificate to vessel owner or applicant for registration  A builder who fails to comply with subsection (3) of this section or willfully makes a false statement in a certificate given under that subsection, commits an offence and on conviction is liable to a fine not less than three hundred thousand naira. The section empowers the owner or applicant for registration of ship to demand from a builder a signed certificate containing accurate information relating to the tonnage and denomination of ship, time and place where the ship was built and the name of the person on whose account it was built. The builder of the ship commits an offence if he fails to comply with this stipulation
12 27(3) Failure to register managing owner or other person in charge of shi The owner of a ship who makes a default in complying with the provisions of this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira and to an additional fine not less than fifty thousand naira for each occasion on which the ship leaves any port in Nigeria while that default continues. The section tends to punish ship owners when in actual fact the obligation to register a managing owner of a ship is vested in the Registrar.
13 30(4) Failure to deliver certificate of registration to persons entitled  Any person who contravenes the provisions of subsection (3) commits an offence and on conviction is liable to a fine of not less than twenty thousand naira. Subsection 3 mandates any person who has in his possession or under his control, the certificate of registration of a ship to deliver (except in cases where he has reasonable excuse not to do so) same on demand to the person entitled to the custody of the certificate for the purposes of the lawful navigation of the ship, or to any Registrar, ship surveyor, collector of customs or other person entitled by law to require its delivery.
14 31 Use of improper certificate The owner or master of a ship who uses or attempts to use for the navigation of the ship, a certificate of registration not legally granted in respect of the ship whether or not the ship is a Nigerian ship commits an offence and on conviction is liable to a fine not less than three hundred thousand naira or to imprisonment for a term not exceeding two years or both, and, in addition, the ship shall be liable to forfeiture.  
15 32(6) Failure to deliver provisional certificate of registration to Registrar If the master of the ship fails to comply with the provisions of subsection (5), he

commits an offence and on conviction is liable to a fine not less than one hundred thou- sand naira.

Subsection 5 mandates the master of a ship in respect of which a provisional certificate has been granted to, within ten days after the first subsequent arrival of the ship at a port in Nigeria, deliver the provisional certificate to the Registrar at that port; or if there is no Registrar at that port, to the Registrar at the ship’s port of registry.

 

16 33(6) Failure to produce record of persons in charge of a power driven craft 15 gross tons and above The owner shall produce such record at any time on demand by any officer of the Minister, and any owner who fails to comply with this subsection commits an offence and on conviction is liable to a fine not less than twenty thousand naira. The record would also show the engines of the craft as well as contain the name, address and certificate number of the person(s) named therein and the dates when he assumed command and left the craft.
17 34(5) Failure to deliver certificate for endorsement of change of ownership. The master of a ship who fails to deliver the ship’s certificate of registration to a Registrar or the appropriate officer when required under this section to do so, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira. This applies in instances where there has been a change in the ownership of a ship registered in Nigeria
18 35(5) Failure to notify Registrar of loss of ship and delivery up of certificate. Any owner or master of a ship who fails, without reasonable cause, to comply with the provisions of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
19 37(4) Failure to deliver provisional certificate of ship which in a foreign company becomes Nigerian owned. Any master who fails to comply with subsection (3) of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira. Subsection 3 mandates the master of a ship in respect of which a provisional certificate is granted to, within ten days of the ship’s first arrival at a port in Nigeria, deliver the certificate to the Registrar at the port or if there is no Registrar at the port, to the Registrar at the ship’s intended port of registry.
20 38(4) Failure to register a ship that has been altered  If the owner of a ship that is altered fails to comply with the provisions of this section, he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira and in addition to a further fine not less than ten thousand naira for every day during which the offence continues after conviction.  
21 41(4) Failure to deliver provisional certificate where ship is registered anew Any master of a ship who fails to comply with subsection (3) of this section commits an offence and on conviction liable to a fine not less than one hundred thousand naira.  
22 53 Forgery of documents and false declarations ( 1) Every person who:

(a) forges or fraudulently alters or assists in forging or fraudulently altering; or (b) procures to be forged or fraudulently altered, any register, builder’s certificate, surveyors tonnage certificate, certificate of registry, declaration, bill of sale, instrument of mortgage or certificate of sale or mortgage under this Part of this Act, or any document signifying the Minister’s consent to any transaction under this Part, or any entry or endorsement required by this Part to be made in or on any of those documents, commits an offence.

(2) A person who, in the case of any declaration made in the presence of, or produced to, a Registrar or an appropriate officer under this Part of this Act, or in any document or other evidence produced to a Registrar or an appropriate officer-

(a) willfully makes or assists in making or procures to be made, any false statement concerning the title to or ownership of or the interest existing in any ship or any share in the ship; or

(b) utters, produces or makes use of any declaration or document containing any false statement, knowing the same to be false, commits an offence.

(3) A person who willfully makes a false declaration touching the qualification of himself or of any other person or of any corporation to own a registered Nigerian ship or any share in the ship, commits an offence and the ship or share shall be liable to forfeiture under this Act to the extent of the interest of the declarant in the ship unless it is proved that the declaration was made without authority of that other person or corporation on behalf of whom the declaration is made.

(4) Any person who commits an offence under this section is on conviction liable to a fine of not exceeding two hundred thousand naira or to imprisonment for a term not less than two years or to both.

 
23 66(2)(d) Failure to produce certificate of sale and certificate of registration. If default is made in the production of the certificates mentioned in this subsection, the persons to whom a ship is sold shall be considered to have acquired no title to, or interest in, the ship, and the person on whose application the certificate of sale was granted, and the person exercising the powers conferred thereby, commits an offence under this Act and on conviction is liable to a fine not less than one hundred thousand naira. The section requires if a ship registered in Nigeria is sold in exercise of a power conferred by a certificate of sale, to persons not qualified to own a registered Nigerian ship, the certificate of sale and the certificate of registration shall be produced to the appropriate officer at the place at which the ship is sold and the officer shall retain those certificates and endorse and sign on each of the certificate a memorandum of the fact that the ship had been sold to persons not qualified to own a registered Nigerian ship;
24 90(1) Operating without a valid certificate as seafarer. A person who–

(a) serves as a seafarer on board a Nigerian ship without being the holder of a valid certificate appropriate to the category in which he is engaged to serve; or

(b) on his own account or acting in the capacity of an agent, engages any person as a seafarer without taking all necessary steps to ascertain whether the person is the holder of a valid certificate appropriate to that category commits an offence under this Act and on summary conviction is liable to a fine not exceeding twenty-five thousand naira or to imprisonment for a term not less than two years or to both.

 

 
25 90(3) & (4) Forgery and fraudulent use of seafarer certificate  A person who–

(a) makes or procures or assists in making any false representation for the purpose of obtaining for himself, or for any other person any certificate or any certified copy of the certificate; or

(b) forges, assists in forging or procures the forging of the certificate or copy of the certificate;

(c) fraudulently alters or assists in the fraudulent alteration of the certificate or copy, or procures it to be fraudulently altered; or

(d) fraudulently makes use of any certificate or copy of the certificate that is forged, altered, cancelled, or suspended or to which he is not entitled; or

(e) fraudulently lends his certificate to, or allows it to be used by, any other person; or

(f) makes or has in his possession any document so closely resembling the certificates as to be calculated to deceive, commits an offence and is liable on summary conviction to a fine not less than twenty- five thousand naira or to imprisonment for a term not exceeding two years, or to both.

(4) A person who-

(a) not being the holder of a valid certificate; or

(b) during a period when his certificate is suspended or approval of his certificate is withdrawn, as the case may be, takes or uses any title, addition or description implying or calculated to lead persons to believe that he is entitled to serve as a seafarer on a Nigerian ship, commits an offence and on conviction, is liable to a fine not less than twenty thousand naira or to imprisonment not exceeding one year or to both.

 

 
26 90(5) Failure to surrender seafarer certificate on suspension or cancellation  Any seafarer who, without reasonable cause, fails to comply with a direction of the Minister to surrender his certificate commits an offence and on conviction is liable to a fine not less than fifty thousand naira.  
27 91(5) Engaging a seafarer without the approval of the Seafarer Services office Any person who without reasonable cause engages a seaman in contravention of this section commits an offence and on conviction is liable to a fine not less than fifty thousand naira.  
28 93(3) Failure to enter into agreement with crew The master in the case of a foreign ship, and the owner and master in the case of any other ship or a Nigerian ship, who carries any seaman to sea without entering into an agreement with the seaman in accordance with this Part, commits an offence and on conviction is liable to a fine not less that one hundred thousand naira.  
29 96(9) False endorsement of a running agreement (9) A master who willfully makes a false statement in an endorsement referred to in subsection (8) of this section commits an offence and on conviction is liable to a penalty not less than one hundred thousand naira. Subsection 8 requires that on every return to a port in Nigeria before the final termination of a running agreement, the master shall make an endorsement on the agreement as to the engage- ments or discharges made or intended to be made before the ship leaves port or that all those made were made as required by law.
30 99(2) Failure to report changes in crew of a sea going ship A master who fails without reasonable cause to comply with the provisions of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
31 100(4) Failure to deliver agreement with crew of seagoing ship to superintendent A master of a ship who fails, without reasonable cause to deliver the agreement with the crew to the superintendent commits an offence and on conviction is liable to a fine not less than fifty thousand naira.  
32 101(3) Failure to deliver agreement with crew of non- seagoing ship to superintendent Any such owner or master who fails, without reasonable cause, to comply with this section shall be guilty of an offence and on conviction shall be liable to a fine not less than twenty thousand naira.  
33 102(2) Default in making a copy of agreement with crew accessible to crew Any master who fails, without reasonable cause, to comply with this section commits an offence and on conviction is liable to a fine not less than fifty thousand naira.  
34 103(1) & (2) Forgery, fraudulent alteration etc. of agreement with crew 1) A person who fraudulently alters, makes any false entry in or delivers a false copy of any agreement with the crew to the superintendent commits an offence and on conviction is liable to a fine not less than five hundred thousand naira, or to imprisonment for a term not less than two years or both.

(2) A person who assists in committing, or procures to be committed, any offence under this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira or to imprisonment for a term not less than two years, or both.

 
35 108 Unlawful engagement of seaman domiciled in Nigeria Any master of foreign ships who engages any seaman who is domiciled in Nigeria otherwise than in accordance with this Part of this Act commits an offence and on conviction is liable to a fine not less than one hundred thousand naira for every such seaman so engaged.  
36 110(5) Failure to deliver certificate of discharge to seaman Whenever any seaman is discharged at the Seafarer Services Office from any ship within Nigeria, the master of the ship shall give to the seaman at the time of the discharge, a written certificate specifying the time and nature of service and the time and place of discharge of the seaman, signed by the master and if the master fails to do so, he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
37 110(6) Failure to return seaman’s certificate of competency The master of a ship shall upon the discharge of a certificated officer whose certificate of competency was delivered to and retained by the master return the certificate to the officer and if the master, without reasonable cause, fails to return the certificate, he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
38 110(7) Wrongful desertion of a season/cadet before completion of voyage. The master of a foreign ship or other person belonging to a foreign ship who wrongfully forces on shore and leaves behind, or otherwise willfully leaves behind in Nigeria, any seaman or cadet belonging to the ship before the completion of the voyage for which the seaman or cadet was engaged, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira or to imprisonment for a term not less than one year or to both.  
39 112 Forgery/fraudulent use of certificate of report of character  A person who-

(a) makes a false report of character under this Part of this Act, knowing the same to be false; or

(b) forges or fraudulently alters any certificate of discharge or report of character or a copy of a report of character or assists in committing or procuring the commission of any such offence; or

(c) fraudulently uses any certificate of discharge or report of character, or copy of a report of character, which is forged or altered or does not belong to him, commits an offence and on conviction is liable to a fine not less than two hundred thousand naira or to imprisonment for a term not less than two years or to both.

 
40 113(4) Failure to obtain certificate of appropriate officer where seaman left behind abroad The master of a ship who fails to comply with the requirements of this Part, commits an offence in addition to any other liability under this Act, and on conviction is liable to a fine not less than one hundred thousand naira or to imprisonment for a term not less than two years, or to both.  
41 114(2) Failure to deliver accurate account of wages due to seaman left behind on grounds of unfitness etc. A master of a ship who fails to comply with the requirements of this section commits an offence and on conviction is liable to a fine not less than fifty thousand naira.  
42 115(6) Failure to pay wages of seaman left behind on grounds of unfitness etc. A master of a ship who fails, without reasonable cause, to make the payment of wages provided for under this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira.  
43 124(4) Violation of instruction to afford a distressed seaman passage and proper maintenance. A master of a ship who fails, without reasonable cause, to comply with the provisions of subsection (3) of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira. Subsection (3) provides that the master of a Nigerian ship who is required to receive and afford passage and maintenance to any distressed seaman shall comply with the requirement and shall during the passage provide the distressed seaman with a proper berth or sleeping place, effectually protected against sea and weather.
44 125(2) Non-compliance with manner of payment of wages of discharged seaman The owner or master of a ship who pays the wages of a seaman within Nigeria in any other manner than as provided under subsection (1) of this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira. Subsection 1 provides that when a seaman is discharged before the superintendent, his wages shall be paid to him through or in the presence of the superintendent unless otherwise directed by a court of competent jurisdiction.
45 126(3) Failure to deliver a proper and timely account of wages to seaman A master of a ship who fails, without reasonable cause, to comply with the provisions of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
46 133(2) Failure to comply with superintendent’s request for ship’s papers Any person required under subsection (1) to do anything who fails, without reasonable cause, to comply with the requisition commits an offence and on conviction is liable to a fine not less than twenty-five thousand naira.  
47 148(2) Failure to provide facilities for seaman to remit balance of wages due to him. A master of a ship who fails to comply with the provisions of subsection (1) of this section commits an offence and on conviction is liable to a fine not less than twenty- five thousand naira.  
48 168 (2) Noncompliance with the provisions relating to the property of a deceased seaman The master of a ship who contravenes the provisions of subsection (1) of this section commits an offence, and in addition to paying and delivering the property, is liable on conviction to a fine not less than triple the value of the property not accounted for or if the value is not ascertained, to a fine not less than one hundred thousand naira.  
49 168(4) Failure to account for and deliver the property of a deceased seaman The owner of a ship who fails to account for and deliver or pay for the property of the seaman or cadet, commits an offence and is liable on conviction to a fine not less than triple the value of the property not accounted for, delivered or paid over or if the value is not ascertained to a fine not exceeding one hundred thousand naira.  
50 175 Forgery of documents, etc., for the purpose of obtaining property of deceased seaman

 

A person who, for the purpose of obtaining any property of a deceased seaman or cadet for himself or any other person-

(a) forges or fraudulently alters, or assists in forging or fraudulently altering, or produces to be forged or fraudulently altered, any document purporting to show or assist in showing any right to the property; or

(b) makes use of any document which has been so forged or fraudulently altered as mentioned in paragraph (a) of this section; or

(c) gives or assists in giving, or produces to be given, any false evidence, knowing the same to be false; or

(d) makes or assists in making, or produces to be made, any false representation, knowing the same to be false; or

(e) assists in producing any false evidence or representation or causes any such evidence or representation to be given or made, knowing the same to be false,

commits an offence and on conviction is liable to a fine of not less than two hundred thousand naira or to imprisonment for a term not less than two years or to both.

 
51 177(4) Noncompliance with regulations relating to crew accommodation A person who contravenes any of the provisions of the regulations made under this section commits an offence and on conviction is liable to a fine of not less than one hundred thousand naira.  
52 178(3) Failure to provide adequate and clean water for crew Where the master of a ship to whom a report is made-

(a) does not provide the appropriate provisions or water in lieu of those reported to be bad; or

(b) does not procure the requisite quantity of the provisions or water so reported to be deficient in quantity; or

(c) uses any provisions or water so reported to be of bad quality and unfit for use, he commits an offence and on conviction is liable to a fine not less than fifty thousand naira.

 
53 179(7) Refusal to provide reasonable every facility for inspecting the water provisions in a ship The master of the ship and any other person who has charge of any provisions or water liable to inspection under this section shall give the inspecting officer every reasonable facility for the purpose of the inspection under this section; and any master or person who refuses to provide the necessary facility commits an offence and on conviction is liable to a fine not less than twenty thousand naira.  
54 181(2) Failure to keep proper weights and measures on board ship The master of a Nigerian ship who fails, without reasonable cause, to comply with the provisions of this section, commits an offence and on conviction is liable to a fine not less than ten thousand naira  
55 182(2) Willful refusal to keep medical supplies on  board A ship owner, agent and master to which subsection (1) of this section applies, who willfully refuses or neglects to provide and keep on board such medicines, medical stores and instructions as are required by this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
56 183(4) Failure to produce certificate remedying default in medical supplies  before proceeding to sea Where a ship proceeds to sea without the production of the certificate by the master as provided in subsection (3) of this section, the owner, agent and master of the ship shall be deemed to have committed an offence and on conviction shall each be liable to a fine not exceeding one hundred thousand naira. Subsection 3 provides that the master of a ship who is given notice of deficiency of medical supplies shall before proceeding to sea, produce to the superintendent a certificate under the hand of the Port Health Officer showing that the default found by the Port Health Officer has been remedied and if he fails to produce the certificate, the ship shall be detained by the superintendent until the certificate is produced.
57 187(2) Proceeding on voyage a without qualified medical practitioner. Where a ship to which this section applies proceeds for a voyage from Nigeria without a duly qualified medical practitioner, the owner shall, for every voyage of the ship made without a duly qualified medical practitioner, be deemed to have committed an offence under this section and on conviction is liable to a fine not less than two hundred thousand naira This section applies only to sea-going ships proceeding from Nigeria, having fifty persons or upwards on board.
58 188(1) Filthy condition of passenger carrying ship Where any passenger carrying ship is found on arrival in Nigeria to be in a filthy and insanitary condition, the master of the ship shall be deemed to have committed an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
59 194(2) Failure to allow or enable a complainant  make his complaint A master of a ship who fails without reasonable cause to comply with this section, commits an offence and on conviction is liable to a fine not less than twenty thousand naira,  
60 195 Misconduct endangering life of ship Where a master, seaman or cadet belonging to a Nigerian ship, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness-

(a) does any act tending to the immediate loss, destruction or serious damage of the ship, or tending immediately to endanger the life or limb of a person belonging to or on board the ship; or

(b) refuses or omits to do any lawful act, proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage or for preserving any person belonging to, or on board the ship from immediate danger to life or limb,

the master, seaman or cadet commits an offence and on conviction is liable to a fine not less than one hundred thousand naira or to imprisonment for a term not exceeding two years or both.

 
61 197(2) Offences against discipline (2) A seaman or cadet who-

(a) quits the ship without leave after the arrival of the ship at its port of delivery and before the ship is placed in security, commits an offence under this section and on conviction is liable to forfeit out of his wages, a sum not exceeding one month’s pay;

(b) wilfully disobeys any lawful command commits an offence under this section and on conviction is liable to imprisonment for a term not exceeding four weeks;

(c) continues to wilfully disobey lawful commands or continues wilfully to ne- glect his duties, commits an offence under this section and on conviction is liable to imprisonment for a term not less than twelve weeks;

(d) assaults any officer of the ship, commits an offence under this section and on conviction is liable to imprisonment for a term not less than twelve weeks;

(e) conspires with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, commits an offence under this section and on conviction is liable to imprisonment for a term not less than twelve weeks;

(f) wilfully damages the ship in which he is engaged or dishonestly misappropriates or converts any of its stores or cargo to his own use or commits a criminal breach of trust in respect of or wilfully damages any of its stores or cargo, commits an offence under this section and is liable on conviction to forfeit out of his wages, a sum equal to the loss sustained by the ship and at the discretion of the court, to imprisonment for a term not less than twelve weeks;

(g) involved in any act of smuggling whereby loss or damage is occasioned to the owner or master of the ship commits an offence under this section and is liable on conviction to pay to the owner or master, a sum sufficient to reimburse the loss or damage; and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy.

 

 
62 199(1) Penalty for false statement as to last ship or name

 

A seaman who, on or before being engaged, willfully and fraudulently makes a false statement of the name of his last ship, or alleged last ship, or willfully and fraudulently makes a false statement of his own name, commits an offence and on conviction is liable to a fine not less than twenty thousand naira.  
63 200(3) Failure to pay fine deducted from seaman’s wages Any master or owner of a ship who fails, without reasonable cause, to pay any fine required to be paid under this section, commits an offence and on conviction is liable to a fine not exceeding six times the amount of the fine not so paid.  
64 201 Penalty on stowaways A person who hides himself in any ship intending to go to sea in the ship without the consent of the owner, agent or master or a mate or of the person in charge of the ship or

of any other person entitled to give that consent, commits an offence and on conviction is liable to imprisonment for a term of two years

 
65 205 Offences in respect of official log-books  

(1) A master of a ship who fails to keep an official log-book or make an entry in an official log-book in the manner required by this Act and at the time and in the manner provided under this Act, commits an offence and except as is otherwise expressly pro- vided in this Act, is on conviction liable to a fine not less than one hundred thousand naira.

(2) Any person who makes or procures to be made or assists in making an entry in an official log-book in respect of any occurrence which took place before the arrival of the ship at its final port of discharge, more than twenty-four hours after the arrival, commits an offence and on conviction is liable to a fine not less than twenty thousand naira.

(3) A person who willfully destroys, mutilates or renders illegible any entry in an official log-book or willfully makes or procures to be made or assists in making a false or fraudulent entry in, or omission from the official log-book, commits an offence and on conviction is liable to a fine not less than two hundred thousand naira, or to imprisonment for a term not less than two years, or to both.

 
66 206(4) Failure to deliver official log-book The owner or master of a ship who fails, without reasonable cause, to deliver or transmit an official log-book as required by this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
67 207(4) Failure to transmit official log-books to Registrar of ships on transfer or loss of ship The owner or master of a ship who fails, without reasonable cause, to comply with any requirement of this section, commits an offence and on conviction is liable to a fine not exceeding one hundred thousand naira.  
68 209(4) Failure to transmit return of births and deaths on Nigerian ships The master of any ship who fails to comply with any requirement under the pro- visions of this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira.  
69 211(2) Default in delivering navigation documents to successor on change of master Any master of a ship who contravenes the provisions of subsection (1) of this section, commits an offence and on conviction is liable to a fine not less than two hundred thousand naira. Subsection 1 provides that: if, during the progress of a voyage of a Nigerian ship, the master is removed, superseded or for any other reason, the master quits the ship and is succeeded in the command by any other person, the master shall deliver to his successor the various documents, relating to the navigation of the ship and to the crew of the ship, which are in his custody.
70 213(4) Failure to deposit documents at overseas port The master of a ship who fails, without reasonable cause, to deliver any document in pursuance of this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira. This applies in cases where Nigerian Ship arrives at a foreign port and remains there for 48 hours
71 218 Breach of safety regulations Any person who fails to comply with and does or attempts to do any act contrary to the provisions of any safety regulations made under section 217 of this Act commits an offence and is liable on conviction to a fine not less than three hundred thousand naira.  
72 223(8) Failure to deliver declaration of survey An owner or agent who fails, without reasonable cause to deliver the declaration of survey received by him to the Minister, commits an offence and on conviction is liable to a fine not less than twenty thousand naira for each day the offence continues.  
73 225(3) Failure to assist surveyor in making returns Any owner, master or engineer who fails to furnish the surveyor with any information required for the purposes of returns under subsection (2) of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
74 234(6) Failure to give notice of alteration in ship’s name, ownership, hull etc. The owner or master of a ship who fails to give notice of an alteration under this section commits an offence and on conviction is liable to a fine not less than fifty thou- sand naira.  
75 235(2) Failure to post safety, exemption, survey etc. certificate on board ship The owner or master who fails to put up the certificate as provided in subsection (1) of this section commits an offence and on conviction is liable to a fine not less than fifty thousand naira.  
76 236(3) Proceeding to sea without appropriate certificates The master and owner of a ship which proceeds to sea without a certificate in ac- cordance with this section shall be deemed to have committed an offence and on conviction shall be liable to a fine not less than five hundred thousand naira or to imprisonment for three years or to both.  
77 236(7) Noncompliance with the conditions under which an exemption certificate is issued Where an exemption certificate, including a valid exemption certificate issued under this Part of this Act in respect of a Nigerian ship specifies conditions on which the certificate is issued and those conditions are not complied with, the owner and master of the ship shall each be deemed to have committed an offence and on conviction be liable to a fine not less than five hundred thousand naira.  
  237(2) Failure to return memorandum as to life-saving appliances The master of the ship in respect of which any memorandum is issued shall return the memorandum to the Minister at the end of the voyage to which it relates and if it is not so returned, the master of the ship commits an offence and on conviction is liable to a fine not less than two hundred thousand naira.  
78 243 Forgery of certificates A person who-

(a) knowingly and willfully makes, or assists in making or procures to be made, a false or fraudulent declaration of surveyor certificate under this Part of this Act; or

(b) forges, assists in forging, procures to be forged, fraudulently alters, assists in Fraudulently altering or procures to be Fraudulently altered, any such declaration or certificate, or anything contained in or any signature to any such declaration or certificate,

commits an offence and on conviction is liable to a fine not less than two hundred thou- sand naira or to imprisonment for a term not less than two years, or to both.

 
79 251(5) Failure to submit plans/specifications for ships; pay prescribed fees Any person who contravenes any of the provisions of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
80 255(2) Noncompliance with provisions relating to boat and fire drill Any master of a ship who fails to comply with any of the provisions of this sec- tion commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
81 261(2) Noncompliance with Minister’s Directions relating to survey of small fishing boats and other crafts An owner of a ship who fails to comply with any direction of the Minister under subsection (1) of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
82 262(6) Wrongful use of passenger/cargo-carrying fishing boats Any owner or the master of a fishing boat that is used for the carriage of passengers or cargo contrary to the provisions of this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
83 263(2) Failure to provide sufficient water and provisions for passengers If the owner or character or the master of a ship referred to in subsection (1) of this section fails to provide the sufficient quantity of water and provisions, he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
84 264(2) Failure to carry a pilot ladder Any owner or master of a ship that does not carry a pilot ladder as provided in subsection (1) of this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
85 267(2) Willful infringement of collision rules Where an infringement of the collision rules is caused by the willful default of the owner or master of a ship, as the case may be, of the owner of any aircraft or of the pilot or other person on duty in charge of any aircraft, that person commits an offence and on conviction is liable to a fine not less than five hundred thousand naira or to imprisonment for a term not less than two years or to both.  
86 269(2) Non-observance of master’s duties in a collision If the master or person in charge of a ship fails, without reasonable cause, to com- ply with this section, he commits an offence and on conviction is liable to a fine not less than five hundred thousand naira or to imprisonment for a term not less than two years or to both.  
87 270(2) Failure to enter collision in official log-book Every master who fails to comply with this section commits an offence and on conviction shall be liable to a fine not less than one hundred thousand naira.  
88 272(2) Failure to render assistance to persons in danger found at sea  A master or person in charge of a ship who fails to comply with the provisions of subsection (1) of this section commits an offence and on conviction is liable to a fine not less than two hundred thousand naira or imprisonment for a term not exceeding two years or to both.  
89 273(2) Wrongful use of signals of distress  A person who uses, displays, causes, or permits any person under his authority to use or display-

any signal prescribed by any rules made or deemed to have been made under this section, except in the circumstances and for the purposes prescribed by the rules made or deemed to have been made pursuant to this section; or

private signal that is liable to be mistaken for any signal so prescribed by any rule,

commits an offence and on conviction is liable to a fine not less than fifty thousand naira, and, in addition, shall pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of the signal’s having been supposed to be signal of distress; and that compensation may, without prejudice to any other remedy, be recovered in the same manner as salvage is recoverable.

 
90 274(5) Failure to assist vessels in distress A master of a ship who fails to comply with the provisions of subsections (1) and (2) of this section, commits an offence and on conviction is liable to a fine not less than five hundred thousand naira or to imprisonment for a term not exceeding two years or to both. This provision does not apply where such assistance will endanger a ship’s own passengers, crew or cargo.
91 274(6) Failure to record reasons for inability to respond to a signal of distress Where a master of a Nigerian ship, upon receiving at sea a signal of distress or in- formation from any source that a ship or other vessel or an aircraft or any person is in distress at sea, is unable or in the special circumstances of the case considers it unreasonable or unnecessary, to go to the assistance of the persons in distress, he shall immediately cause a statement to be entered in the official log-book of his reasons for not going to the assistance of those persons and if he fails to do so, he commits an offence and on conviction is liable to a fine not less than twenty thousand naira.  
92 274(7) Failure to record every signal of distress received The master of every Nigerian ship shall enter or cause to be entered in the official log-book every signal of distress or message that a ship or other vessel, or an aircraft or person, is in distress at sea; and, if he fails to do so, he shall be guilty of an offence and on conviction shall be liable to a fine not less than twenty-five thousand naira.  
93 275(2) Failure to send out report of dangers to navigation  A master of a ship who fails to comply with the provisions of this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
94 276(4) Failure to report accidents Every master and managing owner or agent who fails, without reasonable cause, to comply with this section, commits an offence and on conviction is liable to a tine not less than one hundred thousand naira.  
95 277(3) Failure to give notice of apprehended loss of ship Any managing owner or agent who fails, without reasonable cause, to comply with this section within a reasonable time, commits an offence and on conviction is liable to a tine not less than one hundred thousand naira.  
96 280 Sending unseaworthy ships to sea  (1) A person who sends or attempts to send, or is party to sending or attempting to send, a Nigerian ship to sea in such an unseaworthy state that the life of any person is likely to be endangered by so doing, commits an offence under this Act, unless he proves that he used all reasonable means to ensure that the ship was sent to sea in a seaworthy state or that its going to sea in such an unseaworthy state, was under the circumstances, reasonable and justifiable.

(2) Every master of a Nigerian ship who knowingly takes the ship to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered commits an offence unless he proves that the ship’s going to sea in such an unseaworthy state was under the circumstances, reasonable and justifiable.

 

(3) Any person who commits an offence under subsection (1) or (2) of this section shall on conviction be liable to a fine not less than one million naira or to imprisonment for a term not less than two years, or both.

 
97 282(9) Impeding a detaining officer or surveyor executing a survey  Any person who willfully impedes a detaining officer or any such surveyor in the execution of the surveyor fails to comply with any requisition made by a detaining officer or surveyor, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
98 288(2) Violation of regulations for preventing overcrowding and overloading Unless otherwise exempted, every person who commits a breach of any regulations made or deemed to have been made pursuant to this section, commits an offence and on conviction is liable to a fine not less than five hundred thousand naira.  
99 304(4) Failure to have ship surveyed The owner of every ship in respect of which any such certificate remains in force, shall cause the ship to be surveyed in the prescribed manner at least once in every period of twelve months after the issue of the certificate should remain in force, having regard to subsection (2) of this section and if the ship is not so surveyed, the Minister shall cancel the certificate, but may, if he thinks fit extend the said period by a maximum of three months. The certificate referred to here is the Load Line Certificate.
100 305(3) Proceeding to sea without international load line certificate. Any owner or master of a ship which proceeds to sea contrary to the provisions of subsections (1) and (2) of this section commits an offence and on conviction is liable to a fine of not less than one hundred thousand naira.  
101 306(4) Violation of Deck cargo regulations Where any provisions of the Deck Cargo Regulations are contravened-

(a) in the case of a Nigerian ship; or

(b) in the case of any other ship while the ship is within any port in Nigeria,

the master of the ship subject to subsection (5) of this section, commits an offence and is liable to a fine of not less than one hundred thousand naira.

 
102 308(2) Failure to notify of alteration in ship’s load line position Where notice of any alteration is not given as required by subsection (1) of this section, the owner and the master of the ship each commits an offence and shall on conviction be liable to a fine not less than one hundred thousand naira.  
103 308(6) Failure to deliver load line certificate when expired or cancelled A ship owner or master who fails without reasonable cause to comply with the requirement in subsection (5) of this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira.  
104 309(2) Submersion of Load Lines Where any ship is loaded in contravention of this section, the owner or master of the ship commits an offence and on conviction is liable to a fine not less than five hundred thousand naira and to such additional fine, as specified in subsection (3) of this section, as the court thinks fit to impose having regard to the extent to which the earning capacity of the ship was, or would have been increased by reason of the submersion.  
105 310(2) Alteration, deface ment, etc. of load line marks Any person who conceals, removes, alters, defaces or obliterates or permits any person under his control to conceal, remove, alter, deface or obliterate any mark placed on the ship in accordance with this Part of this Act, except with the authority of a person entitled under the Load Line Regulations to authorise the alteration of the mark commits an offence and on conviction is liable to a fine of not less than five hundred thousand naira.  
106 311(2) Proceeding/attempting to proceed to sea in violation of Load Line Regulations Where the ship proceeds or attempts to proceed to sea in contravention of this section the master or owner thereof is liable to a fine not less than five hundred thousand naira and the ship may be detained until it has been so surveyed and marked.  
107 315(3) Failure to post load line certificate or record load line details The owner or master of any Nigerian load line ship who fails to comply with the provisions of this section, commits an offence and on conviction is liable to a fine of not less than one hundred thousand naira.  
108 319(2) Violation of precautions regarding grain cargoes Where a ship, loaded with grain outside Nigeria without necessary and reasonable precautions having been taken to prevent the grain from shifting, enters any port in Nigeria so laden, the owner or master commits an offence and the ship shall be deemed for the purposes of this Act to be unsafe by reason of improper loading.

 

 

 
109 320 Violation of Bulk Cargo Regulations Any person who contravenes any of the provisions in this Part of this Act commits an offence and on conviction is liable to a fine not less than two hundred thousand naira.  
110 324 Violation of Regulations on Dangerous goods  A person who contravenes any of the provisions of this Part of this Act commits an offence and on conviction is liable to a fine not less than five hundred thousand naira and the ship shall be deemed, for the purposes of this Act, to be unsafe by reason of improper loading.  
111 328(3) Contravention of Tonnage Regulations Any person who contravenes any of the provisions of these Regulations commits an offence and shall be liable on conviction to a fine of not less than two hundred thousand naira.  
112 335(2) Offences in connection with passenger ships A person who commits an offence under this section on conviction is liable to a fine not less than one hundred thousand naira and to imprisonment for not less than three months.  
113 370(3) Noncompliance with directions of Receiver of Wreck Any person who willfully disobeys any lawful directions of the Receiver of Wreck, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
114 371(2) Refusal to assist Receiver of wreck in preserving distressed vessels Any person who refuses without reasonable cause to comply with the provisions of subsection (1) of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.  
115 372(3) Hindering passage of shipwrecked persons over adjoining ands Where the owner or occupier of any land-

(a) impedes or hinders any persons in the exercise of the rights given by this section by locking his gates or refusing, upon request, to open the same, or otherwise;

(b) impedes or hinders the deposit of any cargo or other article recovered from the vessel as aforesaid on the land; or

(c) prevents or endeavours to prevent any cargo or other article from the remains deposited on the land for a reasonable time, until it can be removed to a safe place or public deposit,

he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.

 

 
116 373(3) Plunder, obstruction of preservation of distressed vessels, persons etc. Any person who contravenes the provisions of this section commits an offence and shall on conviction be liable to a fine not less than two hundred thousand naira or imprisonment for a term not less than one year or both.  
117 375 Violation of rules relating to persons finding wreck Where any person finds or takes possession of any wreck within Nigeria, or finds or takes possession of any wreck outside those limits and brings it within those limits, he shall-

(a) if he is the owner of the wreck, give notice to the Receiver of Wreck, stating that he has found or taken possession of the same, and describing the marks by which the same may be recognised; or

(b) if he is not the owner of the wreck, as soon as possible deliver it to the Receiver of Wreck,

and where the person fails without reasonable cause to comply with this section, he commits an offence and on conviction is liable to a fine not less than fifty thousand naira, and shall, in addition, if he is not the owner, forfeit any claim to salvage, and be liable to pay to the owner of the wreck, if it is claimed or If it is unclaimed to the Minister, double the value thereof.

 
118 376(2) Failure to deliver wreckage to Receiver of wreck If any person, whether the owner or not, secretes or keeps possession of any such cargo or article, or refuses to deliver the same to the Receiver of Wreck or to any person authorized by the Receiver of Wreck to demand the same, he commits an offence and on conviction is liable to a fine not exceeding fifty thousand naira or imprisonment for a term not exceeding two years or both.  
119 383(2) Breaking and removal of wrecks without permission Any person who, without the previous written permission of the Receiver of Wreck, does or causes to be done any salvage or breaking up operations of any vessel or any wrecked, submerged, sunken or stranded vessel lying within Nigeria, commits an offence and on conviction is liable to a fine not less than two hundred thousand naira, or to imprisonment for a term not less than one year, or to both.  
120 385(2) Interfering with wrecked vessel without leave Any person who acts in contravention of this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira, and the master of the vessel may repel him by force  
121 391(3) Failure to render assistance to persons in danger of being lost at sea Any master of a vessel who fails to comply with the provisions of subsection (1) of this section commits an offence and on conviction is liable to a fine not less than five hundred thousand naira or to imprisonment for a term not exceeding two years or both.  
122 412(5) Refusal to give up an alleged offender A master of a Nigerian ship, who when required by an appropriate officer to receive and afford a passage and subsistence to any alleged offender or to any witness, refuses to do so or does not deliver any alleged offender committed into his charge into the custody of a police officer or constable as provided in subsection (4) of this section, commits an offence and on conviction is liable to a fine not less than one hundred thou- sand naira.  
123 415(2) Proceeding to sea in defiance of detention. If, after detention of a ship under subsection (1) of this section or after service on the master of the ship of any notice or order for detention, the ship proceeds to sea before it is released by a competent authority, the master of the ship, the owner and any person who sends the ship to sea, (if that owner or person is party or privy to the master’s offence), commits an offence and on conviction shall be liable to a fine not less than five hundred thousand naira.  
124 421(2) Obstruction of service of documents on master of ship Any person who obstructs the service on the master of a ship of any document under the provisions of this Act relating to the detention of ships as unseaworthy, commits an offence and on conviction is liable to a fine not less than fifty thousand naira; and, if the owner or master of the ship is party or privy to the obstruction, he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira or to imprisonment for a term not exceeding one year, or both.  
125 430(4) Failure to deliver suspended/cancelled certificate Any officer who fails to deliver his cancelled certificate as provided under sub- section (1) of this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira. The Marine Board may suspend or cancel the certificate of an officer of a Nigerian ship if it finds that any loss or abandonment of, or serious damage to ship is caused by his wrongful act or incompetence.