Section 428: Shipping casualties

(1)
For the purposes of an investigation under this Part of this Act, a casualty shall be deemed to occur-
(a)
when any ship is lost, abandoned or materially damaged on or near the coasts of Nigeria;
(b)
when any ship causes loss or material damage to any other ship on or near the coasts of Nigeria;
(c)
when any loss of life ensues by reason of any casualty happening to or on board any ship, on or near the coasts of Nigeria; or
(d)
when, in any place, any such loss, abandonment, material damage or casualty as mentioned in paragraphs (a), (b) and (c) of this subsection occurs, and any witness is found in Nigeria;
(e)
when any ship has been stranded or damaged, in any place, and a witness is found in Nigeria; or
(f)
when any ship has been lost, or is supposed to have been lost, and any evidence is obtainable in Nigeria as to the circumstances in which the ship proceeded to sea or was last heard of.
(2)
The Marine Board may, in any of the following cases-
(a)
where a casualty occurs to a ship on or near the coasts of Nigeria, or to any ship in the course of a voyage to Nigeria;
(b)
where a casualty occurs in any part of the world to a Nigerian ship;
(c)
where some of the crew of a ship to which a casualty has occurred, and who are competent witnesses to the facts, are found in Nigeria;
(d)
where the incompetency or misconduct has occurred on board a ship on or near the coasts of Nigeria, or on board any ship in the course of a voyage to Nigeria;
(e)
where the incompetency or misconduct has occurred on board a Nigerian ship;
(f)
where any officer of a ship who is charged with incompetency or misconduct on board that ship is found in Nigeria; make investigation respecting the casualty and may hear and inquire into any such charge of incompetency or misconduct and for that purpose the matter in question shall be deemed to be within the ordinary jurisdiction, of a magistrate court, and the president shall have all the powers of an inspector under this Act.
(3)
An inquiry shall not be held into any matter which has once been the subject of an investigation or inquiry, other than a preliminary inquiry, and has been decided on by a competent court or tribunal in Nigeria or elsewhere, or in respect of which the certificate of any officer of a ship has been cancelled or suspended by a court of competent jurisdiction.