Section 284: Detention of unsafe foreign ships

(1)
Where a foreign ship at a port in Nigeria is unsafe by reason of the defective condition of the ship's hull, equipment or machinery or by reason of overloading, improper loading, undermanning or insufficiency of fuel for the intended voyage when proceeding at ordinary full speed or by being insufficiently baIIasted-
(a)
a copy of the order for the provisional detention of the ship shall be immediately served on the consular officer for the country to which the ship belongs at or nearest to the said port;
(b)
where a ship has been provisionally detained, the consular officer, on the request of the owner or master of the ship, may require that the person appointed by the Minister to survey the ship shall be accompanied by such person as the consular officer may select; and, in that case, if the surveyor and that person agree, the Minister shall cause the ship to be detained or released accordingly; but, if they differ, the Minister may act as if the requisition had not been made; and the owner and the master shall have the right to appeal to a board of survey on the report of the surveyor;
(2)
This section shall not apply to a ship by reason of the ship being in a port in Nigeria if the ship was not bound for a port in Nigeria, and did not enter the port at which it is lying for the purpose of embarking or disembarking passengers or loading or discharging cargo or loading fuel.