Section 109: Procedure on discharge of seamen, etc.
(1)
The master of a ship shall not discharge any seaman from any foreign ship in Nigeria without the approval of the superintendent or of the consular officer, if any, representing the nation to which the ship belongs, and unless due provision is made for the subsistence and maintenance of the seaman to the satisfaction of the consular officer.
(2)
A master of a ship who discharges a seaman in contravention of this subsection (1) of this section commits an offence and on conviction is Iiable to a fine not less than two hundred thousand Naira.
(3)
The provisions of subsection (1) of this section shall not apply in respect of any seaman who was engaged in Nigeria or any seaman who, being a Nigerian citizen or a foreign citizen domiciled in Nigeria, is discharged in accordance with the terms of his agreement.
(4)
The master of a ship or seaman shall not, except with the approval of the superintendent, discharge a seaman from any Nigerian ship, in any place other than at the Seafarer Services Office.
(5)
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.
(6)
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.
(7)
The master of a foreign ship or other person belonging to a foreign ship who wrongfully forces on shore and leaves behind, or otherwise wilfully 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.
Cite this section
Section 109, MERCHANT SHIPPING ACT, 2007 (2007).
https://repo.podus.ai/laws/merchant-shipping-act-2007/section/109/