Section 42: Owner liable for unsafe operation of ship

(1) The owners of a ship to which this section applies shall take all reasonable steps to ensure that the ship is operated in a safe manner.
(2) This section applies to :
(a) a Nigerian ship; and
(b) any ship which:
(i) is registered under the law of, or flies the flag of, any country other than Nigeria; and
(ii) is within Nigerian waters while proceeding to or from a port in Nigeria.
(3) Where the owner of a ship to which this section applies fails to discharge the duty imposed on him by subsection (1) of this section, he shall be guilty of an offence and be liable on conviction to a fine as may be determined by the Agency or imprisonment for a term not exceeding six months, or both.
(4) Where any such ship is chartered by demise, or is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement, any reference to the owner of the ship in subsection (1) or (3) of this section, shall be construed as including a reference to :
(a) the chartered under the charter by demise; or
(b) any such manager; or
(c) if the ship is both chartered and managed, both the charterer and any such manager, and accordingly the reference in subsection (1) to the taking of all reasonable steps shall, in relation to the owner, the charterer or any such manager, be construed as a reference to the taking of all such steps as it is reasonable for him to take in the circumstances of the case.