Merchant Shipping Offenses in Nigeria’s Merchant Shipping Act

 

Description of offence	Provision	Brief note	Section
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 of this 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.	Sec 10(1)
Alteration, defacement, 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 authorize the alteration of the mark commits an offence and on conviction is liable to a fine of not less than five hundred thousand naira.		Sec 310(2)
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.		Sec 218
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.		Sec 383(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.		Sec 9(2)
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.		Sec 328(3)
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.	Sec 211(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.		Sec 102(2)
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.		Sec 91(5)
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.
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,		Sec 194(2)
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.		Sec 225(3)
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.	Sec 274(5)
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.		Sec 264(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.		Sec 133(2)
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.		Sec 126(3)
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.		Sec 114(2)
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	Sec 25(4)
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.		Sec 101(3)
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.		Sec 100(4)
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	Sec 34(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.		Sec 110(5)
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.	Sec 30(4)
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.		Sec 223(8)
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.		Sec 308(6)
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.		Sec 206(4)
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.	Sec 32(6)
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.	Sec 37(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.		Sec 41(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.	Sec 430(4)