Section 8: Penalty for unduly assuming Nigerian character

(1)
A foreign ship shall be liable to forfeiture if a person uses the national colours and assumes the national character of Nigeria on board the foreign ship for the purpose of making that ship appear to be a Nigerian ship, unless the assumption made or the distinctive flag, ensign, pendant or marking was used, for the purpose of escaping capture by an enemy or by a ship of war in the exercise of a belligerent right.
(2)
In any proceedings for enforcing forfeiture under subsection (1) of this section, the burden of proving a title to use any colours, flag, ensign, pendant or marking referred to in subsection (1) of this section and assuming any character referred to in that subsection, lies on the person using and assuming the same.