Section 432: Board of Survey

(1)
Subject to the provisions of this part of this Act as to the powers of Board of a Marine Board, the Minister may from time to time by notice in the Gazette, appoint survey a committee to be known as a Board of Survey, which shall consist of not more than five or less than three members one of whom shall be a legal practitioner of not less than ten years post call with experience in maritime practice and who shall be Chairman of the Board.
(2)
Members, other than the chairman, shall be masters of sea-going Nigerian ships or persons having special skills or knowledge in merchant shipping to the satisfaction of the Minister.
(3)
A Board of survey shall consider such other cases involving the survey of ships as the Minister may from time to time, refer to it and when sitting to consider any such case referred to it, the Board shall be deemed to be a court having jurisdiction for the purpose, and accordingly-
(a)
the hearing shall be open to the public;
(b)
every member of the Board shall have the powers of an inspector under this Act;
(c)
the Board may order the ship to be surveyed; and the Board or a majority of members may appoint a fit and proper person to make the survey and report to the Board;
(d)
the Board shall have and may exercise the same powers as the Minister, as to the release of a ship;
(e)
the Board may if the majority thinks fit, order the final detention of a ship;
(f)
the owner, or agent as the case may be and the master of the ship or the representative of any such persons may attend any inspection or survey to be made;
(g)
the Board shall have the powers of a court to make any order it thinks fit as to costs of inquiry or survey under this section.
(4)
If costs are awarded under the powers conferred by this section, the costs shall be recoverable in the same manner as a civil debt and for this purpose the Chairman may certify the award and when certified it may be filed without payment of any fee in the nearest magistrate's court.
(5)
If an award is filed, the costs shall be deemed to have been awarded in respect of a claim within the civil jurisdiction of a magistrate and the rules of the magistrates' court shall be read with all amendments necessary to give effect to this section.
(6)
Nothing in this part of this Act shall be construed as affecting the admiralty jurisdiction of a court in any way.