Section 427: Marine Boards
(1)
The Minister may from time to time by Order constitute a Board having a magistrate as President (in this Act referred to as "the Marine Board") to make formal investigations into any casualty in respect of which reports have been submitted to the Minister or to inquire into charges of incompetency or misconduct on the part of any officer of a ship.
(2)
The Marine Board shall, when holding any formal investigation into matters referred to the Board by the Minister, sit with one or more assessors of nautical, engineering, or other special skill or knowledge; and
(3)
The assessors shall be appointed out of a list of persons for the time being approved for the purpose by the Minister.
(4)
The decision of the President shall be the decision of the Marine Board but the president may if he thinks fit require the assessors to join in the report, and if an assessor refuses or dissents, the assessor shall give his reasons in writing to the Minister.
(5)
The list of persons approved as assessors shall be in force for three years only, but persons whose names are on any such list may be approved for any subsequent list, and the Minister may at any time amend the list.
(6)
Where a formal investigation involves or appears likely to involve the cancelIing or suspension of the certificate of a master, mate, or engineer, the Marine Board shall sit with not less than two assessors having experience in the merchant service.
(7)
A person who applies for and obtains a formal investigation, shall superintend the management of the case and give such assistance to the Marine Board as the Board may require.
(8)
An assessor shall, if he is not a member of the public service, be paid such sums as the Minister after consultation with the Minister charged with responsibility for finance, may approve or direct for each day that the Marine Board sits.
(9)
Where a Marine Board holds a formal investigation, it shall be deemed to be a court of summary jurisdiction and for such purpose shall have and may exercise all the powers of a Magistrates' Court.
(10)
The Minister may, if he thinks it fit to do so, before appointing any person as President of the Marine Board, consult with the Chief Justice of Nigeria, but the question as to whatever and if any consultation was held shall not be inquired into by any person.
Cite this section
Section 427, MERCHANT SHIPPING ACT, 2007 (2007).
https://repo.podus.ai/laws/merchant-shipping-act-2007/section/427/