Section 44: Proceedings on forfeiture of ships

(1)
Where any ship has either wholly or as to any share therein, become liable to forfeiture under this part of this Act-
(a)
any commissioned officer on full pay in any of the armed forces of Nigeria, or any collector of customs, or any appropriate officer;
(b)
if the ship is a Nigerian ship, any officer on full pay in any of the armed forces, or any appropriate officer may seize and detain the ship and bring her for adjudication before a court of competent jurisdiction.
(2)
Where a ship is brought before a court, whether by an officer or a collector of customs as is mentioned in subsection (1) of this section or by any other officer or official acting in accordance with the law, the court subject to subsection (4) of this section shall adjudge the ship and may order that the ship with the ship's tackle,
apparel and furniture be forfeited to the Government of Nigeria, and may make such other order as the court deems just.
(3)
An officer or a collector of customs mentioned in this section shall not be held responsible civilly or criminally in respect of any seizure or detention under this section notwithstanding that the ship has not been brought in for adjudication or if so brought in, is declared not liable to forfeiture, if it is shown to the satisfaction of the court before which any trial relating to the ship or seizure or detention is held that there were reasonable grounds for the seizure or detention.
(4)
If a court before which a ship seized or detained is brought, finds out that there were no reasonable grounds for the seizure or detention of the ship under this section, the court may award costs and damages to the party aggrieved, and make such other order in the circumstance as the court thinks just.