Section 12: Prosecutions.
(1) Subject to subsection (2) of this section, no proceedings shall be brought in Nigeria in respect of any offence under this Act except by or with the consent of the Attorney-General of the Federation.
(2) In respect of any offence under section 9 or 10 of this Act, no proceedings shall be brought in Nigeria except by the harbour authority.
(3) Where immediately before the date which (apart from this subsection) would be the date of expiry of the time for bringing proceedings in a court of summary jurisdiction in respect of an offence alleged to have been committed under this Act, the person to be charged is outside Nigeria, the time for bringing the proceedings shall be extended until the end of the period for two months beginning with the date on which he next enters Nigeria.
(4) Proceedings for any offence under this Act may (without prejudice to any jurisdiction exercisable apart from this subsection) be taken against a person at any place at which he is for the time being.
(5) A chief magistrate shall have and may exercise jurisdiction for the trial of any offence in respect of which a summary trial is prescribed under any provision of this Act, and notwithstanding anything in any other enactment shall impose the penalties prescribed under that provision.
(6) The jurisdiction conferred under subsection (5) of this section shall be in addition to and not in derogation of any jurisdiction or power conferred under any other enactment, and nothing in that subsection shall be construed as derogating from the provisions of section 3 (1) of the Territorial Waters Act (which imposes restrictions on trials of persons other than Nigerian citizens for offences committed on the open sea within the territorial waters of Nigeria).
Cite this section
Section 12, OIL IN NAVIGABLE WATERS ACT (1968).
https://repo.podus.ai/laws/oil-in-navigable-waters-act/section/12/