Section 37: Proceedings against the Council
(1) No suit shall lie against the Council for any act done unless it is filed within 12 months of the happening of the said act orwithin 12 months next after the continuance of the said act has ceased.
(2) No suit shall be commenced against the Council before the expiration of a period of one month after written notice of intention to commence the suit shall have been served on the Council by the intending plaintiff or his agents and the notice shall clearly and explicitly state-
(a) the cause of action;
(b) the particulars of claim;
(c) the name and place of abode of the intending plaintiff; and
(d) the relief which he claims.
(3) For the purpose of this section "suit" means a civil proceeding commenced by writ of summons or such other manner as may be prescribed by rules of Court and includes an action but not a criminal proceeding.
(4) The notice referred to in subsection (2) and any summons, notice or other document required or authorised to be served on the Council in connection with a suit by or against the Council may be served by-
(a) delivering it to Executive Chairman, or
(b) sending it by registered post addressed to the Executive Chairman at the Head Office of the Council.
(5) In any action or suit against the Council, no execution-or attachment or process in the nature thereof shall be issued against the Council, but the Council shall pay any sum of money, which may by the judgment of the Court, be awarded to the plaintiff, from the funds of the Council.
(6) A person connected with the direct working of the Council shall not be removed under arrest when his immediate removal from duty might result into danger to life or goods, whether in execution of a warrant or otherwise, which actually engaged in the performance of his duties until-
(a) the head of the department in which he is employed; or
(b) the officer in immediate charge of the work in which the person is engaged; has been given an opportunity of providing a substitute.
(7) In any suit pending before a court, the Council may be represented at any stage of the proceeding by any employee of the Council who shall satisfy the Court that he is duly authorised in writing by the Council in that behalf.
Cite this section
Section 37, NIGERIAN MARITIME LABOUR ACT (2003).
https://repo.podus.ai/laws/nigerian-maritime-labour-act/section/37/