Section 281: Power to detain unsafe Nigerian ships

(1)
Where a Nigerian ship, or an unregistered ship which is owned wholly by persons qualified to own a registered Nigerian ship, being in any port in Nigeria is an unsafe ship by reason of:
(a)
the defective condition of the ship hull, equipment or machinery; or
(b)
overloading or improper loading; or
(c)
under-manning or being insufficiently ballasted, or in the case of a ship propelled by mechanical power, by reason of having insufficient fuel on board for the intended voyage when proceeding at ordinary full speed, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which the ship is intended, the ship may be, provisionally detained for the purpose of being surveyed or of ascertaining the sufficiency of its crew or fuel, and may be finally detained or released as provided in subsection (2) of this section.
(2)
The Minister-
(a)
may if he has reason to believe, on complaint or otherwise, that a ship to which this section applies is unsafe, order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed;
(b)
when a ship is provisionally detained, there shall be immediately served on the master of the ship a written statement of the grounds of the detention of the ship and the Minister may, if he thinks fit, appoint a surveyor to survey the ship and where necessary, master the crew and report on it to the Minister;
(c)
the Minister, on receiving the report, may order the ship to be released or, if, in his opinion, the ship is unsafe, may order it to be finally detained absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo or ballast, or the manning of the ship, or the supply of fuel, as the Minister thinks necessary for the protection of human life and, may from time to time, vary or add to any such order;
(d)
before the order for final detention is made, a copy of the report shall be served upon the master of the ship and within seven days after that service, the owner or master of the ship may appeal in the prescribed manner to the Minister and the Minister may appoint a board of survey under this Act to consider the case at the port at or nearest to which the ship is detained;
(e)
where a ship has been provisionally detained, the owner or master of the ship, at any time before the person appointed under this section to survey the ship makes that survey, may require that, that person be accompanied by some person of nautical, engineering or other special skill or knowledge, as the owner or master may select; and, in that case, if the surveyor and the person so selected agree, shall cause the ship to be detained or released accordingly; but, if they differ, the Minister may act as if the requisition has not been made; and the owner and the master shall have right of appeal touching the report of the surveyor as in paragraph (d) of this subsection;
(f)
where a ship has been provisionally detained, the Minister may at any time, if he thinks it expedient, refer the matter to a board of survey at the port at or nearest to which the ship is detained;
(g)
the Minister may at any time, if satisfied that a ship detained under this section is not unsafe, order it to be released upon or without any conditions.
(3)
A person authorised by the Minister for the purpose (in this Act referred to as a "detaining officer") shall have the same power as the Minister under this section to order the provisional detention of a ship for the purpose of being surveyed, and of appointing a surveyor or surveyors to survey the ship; and if he thinks that a ship so detained by him is not unsafe, may order the ship to be released.
(4)
A detaining officer shall immediately report any order made by him for the detention or release of a ship to the Minister.
(5)
An order for the detention of a ship, provisional or final, and an order varying same, shall be served as soon as practicable on the master of the ship.
(6)
A ship detained under this section shall not be released by reason of her register in a foreign country being subsequently closed.
(7)
A detaining officer shall, for the purpose of his duties, have all the powers of an inspector under this Act.
(8)
A detaining officer and any surveyor appointed under this section to survey a ship may, in the performance of their duties, go on board any ship and inspect the same and every part of the ship and the machinery, equipment and cargo thereof, and may require the unloading or removal of any cargo, ballast or tackle.
(9)
Any person who willfully impedes a detaining officer or any such surveyor in the execution of the surveyor fails to comply with any requisition made by a detaining officer or surveyor, commits an offence and on conviction is liable to a fine not less than one hundred thousand Naira.