TERRITORIAL WATERS ACT

Section 3: Restriction on trial of persons other than Nigerian citizens for offences committed in territorial waters.

1967Section 3 of 4Federal Republic of Nigeria

(1) Subject to the provisions of this section, a Nigerian court shall not try a person who is not a citizen of Nigeria for any offence committed on the open sea within the territorial waters of Nigeria unless before the trial the Attorney-General of the Federation has issued a certificate signifying his consent to the trial of that person for that offence.
(2) Nothing in subsection (1) of this section-
(a) shall affect any power of arrest, search, entry, seizure or custody exercisable with respect to an offence which has been, or is believed to have been, committed as aforesaid;
(b) shall affect any obligation on any person in respect of a recognisance or bail bond entered into as a consequence of his arrest, or the arrest of any other person, for such an offence;
(c) shall affect any power of any court to remand (whether on bail or in custody) a person brought before the court in connection with such an offence;
(d) shall affect anything done or omitted in the course of a trial unless in the course of the trial objection has already been made that, by reason of subsection (1) of this section, the court is not competent to proceed with the trial; or
(e) shall, after the conclusion of a trial, be treated as having affected the validity of the trial if no such objection as aforesaid was made in the proceedings at any stage before the conclusion of the trial.
(3) Subsection (1) of this section shall not apply to the trial of any act of piracy as defined by the law of nations.
(4) A document purporting to be a certificate issued for the purposes of subsection (1) of this section and to be signed by the Attorney-General of the Federation shall be received in evidence and shall, unless the contrary is proved, be taken to be a certificate issued by the said Attorney-General.
(5) Nothing in this section shall be construed as derogating from the provisions of any other enactment restricting the prosecution of any proceedings or requiring the consent of any authority to the prosecution thereof.
(6) In this section, "offence" means any act or omission which by virtue of section 2 of this Act or any other enactment is an offence under the law of Nigeria or any part thereof.

Cite this section

Section 3, TERRITORIAL WATERS ACT (1967).

https://repo.podus.ai/laws/territorial-waters-act/section/3/