Section 177: Complaints as to provisions of water

(1)
If three or more of the crew of a Nigerian ship within Nigeria, consider that the provisions or water for the use of the crew are at any time-
(a)
of bad quality;
(b)
unfit for use; or
(c)
below such scale as may be prescribed, the crew shall complain of their findings to the superintendent or a Port Health Officer and the superintendent or Port Health Officer shall examine the provisions or water complained of or cause them to be examined.
(2)
Where, upon examination as prescribed under subsection (1) of this section it is found that the provisions or water are of bad quality and unfit for use, or below the scale or quantity prescribed, the superintendent or the officer shall in writing to the master of the ship, report on the condition of the provisions or water and the master of the ship shall upon receiving the report, provide other appropriate provisions or water in lieu of any so reported to be of bad quality and unfit for use.
(3)
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;
(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.
(4)
The superintendent, officer or other person making an examination under this section shall enter a statement of the result of the examination in the official logbook of the ship and send a report of the examination to the superintendent and the report shall be admissible in evidence.
(5)
Where the superintendent, officer or person making an examination under this section, certifies in the statement entered in the official log-book that there were no reasonable grounds for the complaint under subsection (1) of this section, each of the complainants shall be liable to forfeit to the owner of the ship out of his wages, a sum not exceeding one week wages.
(6)
Where provisions or water are examined under this section, the owner, master or agent shall pay, in respect of the examination, such fees as may be prescribed.
(7)
If, in accordance with subsection (5) of this section, it is certified that there are no reasonable grounds for the complaint, the owner, master or agent are entitled to recover such fee as may be prescribed, from the complainants in addition to any penalty to which the complainants may be liable under that subsection.