Section 23: Powers of the Agency

(1) In addition to any other powers conferred on it by this or any Act, the Agency has, subject to this Act, power to do all things necessary for or incidental to or in connection with the performance of its functions.
(2) Without limiting the generality of sub-section( 1), the powers include, subject to this Act, power:
(a) to enter into contracts;
(b) to acquire, hold and dispose of real and personal property;
(c) to join in the formation of companies;
(d) to enter partnerships; and
(e) to let or hire plant, machinery, crafts, equipment or goods of the Agency not immediately required by the Agency; and
(f) to do anything incidental to any of the powers specified in this subsection or otherwise conferred on the Agency.
(3) Where the Agency may provide a facility or service, or discharge a function, the Agency may do so:
(a) itself;
(b) in cooperation with another person; or
(c) by arranging for another person to do so on its behalf.
(4) In subsection (3) of this section "person" includes:
(a) the Federal Government of Nigeria ;
(b) a State Government or that of the Federal Capital Territory;
(c) the government or an Agency of the government of a foreign country; and
(d) any juristic or natural person.
(5) The Agency shall, in addition, have powers to:
(a) receive and consider any report of the commission of an offence;
(b) stop, enter, board, inspect and search any vessel or ,aircraft and to detain any vessel or aircraft within the Nigerian maritime zone;
(c) demand the production of any license, permit, record, certificate or any other document and to inspect such license, permit, record, certificate or other document or make copies of or take extracts from such license, permit, record, certificate or other document in relation to matters provided for under this Act;
(d) cause an investigation into any offence which it has reason to believe is being committed, or is about to be committed or has been committed with respect to offences committed under this Act;
(e) exercise the right of hot pursuit;
(f) examine and seize any fish, article, device, goods, vessel, aircraft or any other item relating to any offence which has been committed or it has reason to believe has been committed with respect to offences committed under this Act;
(g) dispose of any fish, article, device goods, vessel, aircraft or any other item relating to any offence which has been committed or it has reason to believe has been committed with respect to offences committed under this Act;
(h) arrest any person whom it has reason to believe has committed an offence;
(i) expel any vessel which it has reason to believe to be detrimental to the interest of or the endanger the order and safety in the Nigerian Maritime Zone; and
(j) enter ports, terminals and vessels to monitor and investigate matters related to maritime labour, ship safety and security.
(6) Without prejudice to the generality of subsection (1), designated officers of the Agency shall have, for the purpose of this Act, all the powers which any enforcement agency may exercise under any Federal Law which is applicable to Nigerian Maritime Zone.
(7) Notwithstanding the provision of subsection 5 (b) of this section, no vessel shall be stopped, entered, boarded, searched, inspected or detained within the area of territorial sea if the passage of the vessel within the territorial sea is an innocent passage.
(8) For the purpose of subsection (7) of this section, the passage of a vessel is an innocent passage if and so long as the passage of the vessel is not prejudicial to the safety and security of Nigerian Maritime Zone.
(9) Notwithstanding any written law, for the purpose of subsection (5), the following activities shall be considered to be prejudicial to the safety and security of Nigeria's maritime domain:
(a) any threat or any act which in any matter is a violation of the provisions of this Act and any other legislation applicable to the Agency;
(b) any act of pollution ;
(c) any unauthorized fishing activities; .
(d) the carrying out of unauthorized research or survey activities;
(e) any act aimed at interfering with any systems of communication or any other facilities of installations of the Agency;
(f) any act in contravention of the Costal and inland Shipping (Cabotage) Act, 2003; and
(g) any other activity not having a direct bearing on passage.
(10) In exercising the powers under this Part IV, the Agency may collaborate, request for and shall be entitled to assistance by other designated Government Agencies responsible for maintenance of security in Nigeria's Maritime Zone.