Section 89: Offences

(1)
A person who:
(a)
serves as a seafarer on board a Nigerian Ship without being the holder of a valid certificate appropriate to the category in which he is engaged to serve; or
(b)
on his own account or acting in the capacity of an agent, engages any person as a seafarer without taking all necessary steps to ascertain whether the person is the holder of a valid certificate appropriate to that category, commits an offence under this Act and on summary conviction is liable to a fine not exceeding Twenty-five Thousand Naira or to imprisonment for a term not less than two years or to both.
(2)
For the purpose of paragraph (b) of subsection (1) of this Section, where it is established that a seafarer is engaged to serve in any category without being the holder of a valid certificate appropriate to that category, the onus shall be on the person who engaged that seafarer to prove that he has taken all necessary steps to ascertain that the seafarer was at the time when he was engaged, the holder of a valid certificate appropriate to the capacity in which he is engaged to serve.
(3)
A person who:
(a)
makes or procures or assists in making any false representation for the purpose of obtaining for himself, or for any other person any certificate or any certified copy ofthe certificate; or
(b)
forges, assists in forging or procures the forging of the certificate or copy of the certificate;
(c)
fraudulently alters or assists in the fraudulent alteration of the certificate or copy, or procures it to be fraudulently altered; or
(d)
fraudulently makes use of any certificate or copy of the certificate that is forged, altered, cancelled, or suspended or to which he is not entitled; or
(e)
fraudulently lends his certificate to, or allows it to be used by any other person; or
(f)
makes or has in his possession any document so closely resembling the certificates as to be calculated to deceive, commits an offence and is liable on summary conviction to a fine not less than Twenty-five Thousand Naira or to imprisonment for a term not exceeding two years, or to both.
(4)
A person who:
(a)
not being the holder of a valid certificate; or
(b)
during a period when his certificate is suspended or approval of his certificate is withdrawn, as the case may be, takes or uses any title, addition or description implying or calculated to lead persons to believe that he is entitled to serve as a seafarer on a Nigerian Ship commits an offence and on conviction, is liable to a fine not less than Twenty Thousand Naira or to imprisonment not exceeding one year or to both.
(5)
Any seafarer who, without reasonable cause, fails to comply with a direction of the Minister to surrender his certificate commits an offence and on conviction is liable to a fine not less than fifty thousand Naira.