Section 24: Act to bind the State

(1) This Act binds the State in all its capacities.
(2) This Act does not authorise-
(a) a proceeding to be commenced as an action in rem against a Government ship or Government property; or
(b) the arrest, detention or sale of a Government ship or Government property.
(3) Where a proceeding has been commenced as an action in rem against a Government ship or Government property, the Court may, if it is satisfied that the proceeding was so commenced on the reasonable belief that the ship was not a Government ship or the property was not Government property-
(a) order that the proceeding be treated as though it were a proceeding commenced as an action in personam on the claim against the person specified as defendant in the order; and
(b) make such consequential orders as are necessary.
(4)
In this section-
"Government ship" means a ship that belongs or is for the time being demised or sub-demised to the Federal or a State Government and includes a ship that is being used by or in connection with a part of the Nigerian Navy but does not include a ship that belongs or is for the time being demised or sub-demised to a corporation that is an agency of the Federal or a State Government;
"Government property" means cargo or other property that belongs to the Federal or a State Government but does not include cargo or other property that belongs to a corporation that is an agency of the Federal or a State Government.