Section 112: Certificate of proper officer required where seaman left behind abroad

(1)
The master of a Nigerian ship shall not leave a seaman or cadet behind at any place out of Nigeria on shore or at sea except where:
(a)
a seaman is discharged in accordance with this part of this Act; or
(b)
the service of a cadet is terminated in accordance with his training agreement;
(c)
the master previously obtains, endorsed on the agreement with the crew, the certificate of the appropriate officer at the port at which the seaman or cadet is left behind, stating the cause of his being so left behind, whether the cause be unfitness or inability to proceed to sea, desertion, disappearance or otherwise.
(2)
An appropriate officer shall, when an application is made for his certificate under subsection (1) of this section, inquire into the grounds on which the seaman or cadet is to be left behind, and may for that purpose, if he thinks fit, administer oaths or affirmations, and grant or refuse the certificate as he thinks just; but the appropriate officer shall not unreasonably withhold the certificate.
(3)
Where a seaman or cadet from a Nigerian ship is left behind at any place outside Nigeria on shore or at sea by reason of his desertion, absence without leave or failure to join the ship, the provisions of this part of this Act and or the provisions of the First Schedule shall apply in respect of the seaman or cadet.
(4)
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.
(5)
For the purposes of any proceedings under this section the burden of proving that the certificate was obtained, or could not be obtained without unreasonable delay to the ship, or was unreasonably withheld, shall lie on the master of a ship.