Section 414: Enforcing detention of ship

(1)
Where, under this Act, a ship is to be, or may be detained, any commissioned officer on full pay in any of the armed forces of Nigeria, or any person in any of the armed forces in Nigeria generally or specifically authorized by this Act or by the Minister, may detain the ship.
(2)
If, after detention of a ship under subsection (1) of this section or after service on the master, of the ship of any notice or order for detention, the ship proceeds to sea before it is released by a competent authority, the master of the ship, the owner and any person who sends the ship to sea (if that owner or person is party or privy to the master's offence), commits, an offence and on conviction shall be liable to a fine not less than five hundred thousand Naira.
(3)
Where a ship proceeds to sea without release as provided in subsecection (1) of this section, and has on board, any officer authorised to detain the ship or any surveyor or officer appointed under this Act, or any officer of customs in the execution of his duty, the owner and master of the ship shall be deemed to have each committed an offence and in addition liable to pay all the expenses of, and incidental to the officer or surveyor being so taken to sea, and they shall also be deemed to have committed an offence and on conviction shall be liable to afine not less than fifty thousand Naira, for every day until the officer or surveyor, returns or until such time as would enable the officer after leaving the ship to return to the port from where he was taken, whichever is the greater and the expenses ordered to be paid may be recovered in like manner as the fine.
(4)
In addition to the penalty in subsection (1) of this section, the owner and master of a ship convicted of an offence under that subsection shall pay the expenses of, and incidental to the taking of the officer or surveyor to sea.
(5)
Where a ship is to be detained under this Act, the collector of customs shall refuse to grant port clearance and in any other case, authorising the detention of a ship, the collector of customs may refuse port clearance.