Abdul Muhammed Law Practice
Nigeria’s Miscellaneous Offences Act can have significant impact on ships, ship owners and seafarers within Nigerian territorial waters and Abdul Muhammed Law Practice lists out 7 things that ship owners within Nigerian territorial waters should know about the Nigerian ‘anti bunkering’ statute.
- ‘Anti bunkering’ decree
Nigeria’s Miscellaneous Offences Act began existence as the Miscellaneous Offences Decree with the statutory intention to ‘create a number of offences with stiff penalties and for the trial of such offenders.’ The decree was famous for targeting what was described as ‘anti bunkering activities.’ The decree has transmuted into the Miscellaneous Offences Act and remains part of Nigerian law.
- Jurisdiction to try offences
All the offences under the Miscellaneous Offences Act are tried by the Federal High Court. Where a vessel is involved the case may be tried in any of the Federal High Court situated in Lagos, Port Harcourt, Yenagoa, Calabar or Warri.
- Offences relating to ships
Offences worthy of honorable mention under the Miscellaneous Offences Act include but are not limited to the offence of tampering with oil pipelines, importing or exporting mineral and mineral ore, dealing in petroleum products without license and adulteration of petroleum products.
- No warrant required
Suspected offenders under the Miscellaneous Offences Act can be arrested without warrant.
- Arresting authority
The Miscellaneous Offences Act gave owners of arrest to police officers, customs officer and ‘as the case may be.’ In practice arrests are also made by military task forces, the Nigerian Navy and the Nigerian Security and Civil Defense Corps.
Are you trying to secure the release of ship detained in Nigeria?
- Prosecuting authority
Ships and seafarers arrested under the provisions of Miscellaneous Offences Act are prosecuted in Federal High Court and not in a military court even when arrested by the military.
The three agencies that prosecute under the Miscellaneous Offences Act are the Nigerian Security and Civil Defense Corps, the Economic and Financial Crimes Commission and the Nigeria Police.
- Prospective defendants
‘Persons’ that could be ‘arrested’ and prosecuted under the provisions of the Miscellaneous Offences Act include the ship, the ship owner, the captain of a ship and crew members of a ship.
