Section 40: Detention of unsafe ship

(1) Notwithstanding the provisions of any other law, where the Agency has reason to believe that any ship, being in any port or place in Nigeria, is an unsafe ship and a security risk, and is, by reason of any of the matters mentioned in subsection (2) of this section, unfit to proceed to sea without serious danger to human life having regard to the nature of the service for which it is intended, such ship is liable to be detained.
(2) The matters referred to in subsection (1) of this section are:
(a) the condition or unsuitability for the purpose of:
(i) the ship, its machinery or equipment; or .
(ii) any part of the ship, its machinery or equipment;
(b) under-manning;
(c) overloading, unsafe or improper loading; and
(d) other matters relevant to the safety and security of the ship.
(3) In performing its functions under this section, the Agency shall have regard to the ISM Code, the ISPS Code and other international conventions and Federal legislation on ship safety and security.