Advance Fee Fraud and Other Fraud Related Offences Act, 2006 (NG)

Advance Fee Fraud and Other Fraud Related Offences Act

An Act to prohibit and punish certain offences pertaining to advance fee fraud and other fraud related offences and to repeal other Acts related therewith.

[2007 No.62.] [Commencement.] [5th June, 2006]

ENACTED by the National Assembly of the Federal Republic of Nigeria.

PART I

Offences

1. Obtaining property by false pretence, etc.

(1) Notwithstanding anything contained in any other enactment or law, any person who by any false pretence, and with intent to defraud-

(a) obtains, from any other person, in Nigeria or in any other country, for himself or any other person; or

(b) induces any other person, in Nigeria or in any other country, to deliver to any person,

any property, whether or not the property is obtained or its delivery is induced through the medium of a contract induced by the false pretence, commits an offence under this Act.

(2) A person who by false pretence, and with the intent to defraud, induces any other person, in Nigeria or in any other country, to confer a benefit on him or on any other person by doing or permitting a thing to be done on the understanding that the benefit has been or will be paid for commits an offence under this Act.

(3) A person who commits an offence under subsection (1) or (2) of this section is liable on conviction to imprisonment for a term of not more than 20 years and not less than 7 years without the option of a fine.

2. Other fraud related offences

A person who –

(a) with intent to defraud, represents himself as capable of producing, from a piece of paper or from any other material, any currency note by washing, dipping or otherwise treating the paper or material with or in a chemical substance or any other substance; or

(b) with intent to defraud, represents himself as possessing the power or as capable of doubling or otherwise increasing any sum of money through scientific or any other medium of invocation of any juju or other invisible entity or of anything whatsoever; or

(c) not being the Central Bank of Nigeria, prints, makes or issues, or represents himself as capable of printing, making or issuing any currency note, commits an offence and is liable on conviction to imprisonment for a term of not more than 15 years and not less than 5 years without the option of a fine.

3. Use of premises

A person who, being the occupier or is concerned in the management of any premises, causes or knowingly permits the premises to be used for any purpose which constitutes an offence under this Act commits an offence and is liable on conviction to imprisonment for a term of not more than 15 years and not less than 5 years without the option of a fine.

4. Fraudulent invitation

A person who by false pretence, and with the intent to defraud any other person, invites or otherwise induces that person or any other person to visit Nigeria for any purpose connected with the commission of an offence under this Act commits an offence and is liable on conviction to imprisonment for a term of not more than 20 years and not less than 7 years without the option of a fine.

5. Receipt of fraudulent document by victim to constitute attempt

(1) Where a false pretence which constitutes an offence under this Act is contained in a document, it shall be sufficient in a charge of an attempt to commit an offence under this Act to prove that the document was received by the person to whom the false pretence was directed.

(2) Notwithstanding anything to the contrary in any other law, every act or thing done or omitted to be done by a person to facilitate the commission by him of an offence under this Act shall constitute an attempt to commit the offence.

6. Possession of fraudulent document to constitute attempt

A person who is in possession of a document containing a false pretence which constitutes an offence under this Act commits an offence of an attempt to commit an offence under this Act if he knows or ought to know, having regard to the circumstances of the case, that the document contains the false pretence.

7. Laundering of funds obtained through unlawful activity, etc.

(1) A person who conducts or attempts to conduct a financial transaction which in fact involves the proceeds of a specified unlawful activity-

(a) with the intent to promote the carrying on of a specified unlawful activity; or

(b) where the transaction is designed in whole or in part-

(i) to conceal or disguise the nature, the location, the source, the ownership or the control of the proceeds of a specified unlawful activity; or

(ii) to avoid a lawful transaction under Nigerian law, commits an offence under this Act if he knows or ought to know, having regard to the circumstances of the case, that the property involved in the financial transaction represents the proceeds of some form of unlawful activity.

(2) A person who commits an offence under subsection (1) of this section, is liable on conviction-

(a) in the case of a financial institution or corporate body, to a fine of N I million and where the financial institution or corporate body is unable to pay the fine, its assets to the value of the fine shall be confiscated and forfeited to the Federal Government; or

(b) in the case of director, secretary or other officer of the financial institution or corporate body or any other person, to imprisonment for a term of not more than 10 years and not less than 5 years.

(3) When as a result of negligence, or regulation in the internal control procedures, a financial institution fails to exercise due diligence as specified in the Banks and Other Financial Institutions Act, 1991 as amended or the Money Laundering (Prohibition) Act, 2004 in relation to the conduct of financial transactions which in fact involve the proceeds of unlawful activity-

(a) the financial institution commits an offence and is liable on conviction to refund the total amount involved in the financial transaction and not less than N100,000 sanction by the appropriate financial regulatory authority;

(b) a director, secretary, employee or other staff of the financial institution who facilitates, contributes or otherwise is involved in the failure to exercise due diligence as stipulated under this section, commits an offence and is liable on conviction to imprisonment for a term of not less than three years and may also be liable to be banned indefinitely for a period of three years from exercising the profession which provided the opportunity for the offence to be committed.

(4) A person who transports or attempts to transport a monetary instrument or funds from a place in Nigeria to or through a place outside Nigeria or to a place in Nigeria from or through a place outside Nigeria-

(a) with the intent to promote the carrying on of specified unlawful activity; or

(b) where the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and the transportation is designed in whole or in part-

(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of a specified unlawful activity; or

(ii) to avoid a lawful transaction under Nigerian law,

commits an offence under this Act, if he knows or ought to know, having regard to the circumstances of the case, that the monetary instrument or funds involved in the transportation are the proceeds of some form of unlawful activity and the intent of the transaction.

(5) A person who commits an offence under subsection (3) of this section is liable on conviction to a fine of N500,000 or twice the value of the monetary instrument or funds involved in the transportation, whichever is higher, or imprisonment for a term of not less than 10 years or to both such fine and imprisonment.

(6) In this section-

(a) “conducts” includes initiating, being involved, connected with, concluding, or participating in initiating or concluding a transaction;

(b) “financial institution” means banks, body association or group of persons, whether corporate or incorporate which carries on the business of investment and securities, a discount house, insurance institutions, debt factorisation and conversion firms, bureau de change, finance company, money brokerage firm whose principal business includes factoring, project financing, equipment leasing, debt administration, fund management, private ledger services, investment management, local purchase order financing, export finance, project consultancy, financial consultancy, pension funds management and such other businesses as the Central Bank of Nigeria or other appropriate regulatory authorities may from time to time designate;

(c) “financial transaction” means-

(i) a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects foreign monetary instruments; or

(ii) a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, foreign commerce in any way or degree;

(d) “knows or ought to know that the property involved in a financial transaction represents the proceeds of some form of unlawful activity” means
that the person knew or ought to have known that the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes an offence under this Act;

(e) “monetary instrument” means coin or currency of Nigeria or of any other country, traveller’s cheque, personal cheque, bank cheque, money order, investment security in bearer form or otherwise in such form that title thereto passes upon delivery;

(f) “proceeds” means any property derived or obtained, directly or indirectly through the commission of an offence under this Act;

(g) “property” includes assets, monetary instruments and instrumentalities used in the commission of an offence under this Act;

(h) “specified unlawful activity” means-

(i) any act or activity constituting an offence under this Act;

(ii) with respect to a financial transaction occurring in whole or in part in Nigeria, an offence against the laws of a foreign nation involving obtaining property by fraud by whatever name called;

(i) “transaction” includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected.

8. Conspiracy, aiding, etc.

A person who–

(a) conspires with, aids, abets, or counsels any other person to commit an offence; or

(b) attempts to commit or is an accessory to an act or offence; or

under this Act, commits the offence and is liable on conviction to the same punishment as is prescribed for that offence under this Act.

9. Conviction for alternative offence

(1) Where a person is charged with an offence under this Act and the evidence establishes an attempt to commit that offence, he may be convicted of having attempted to commit that offence although the attempt is not separately charged and such a person shall be punished as is prescribed for that offence under this Act.

(2) Where a person is charged with an attempt to commit an offence under this Act, but the evidence establishes the commission of the full offence, the offender shall not be entitled to acquittal but shall be convicted of the offence and punished as provided under this Act.

10. Offences by bodies corporate

(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed on the instigation or with the connivance of or attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, where practicable, shall be deemed to have committed that offence
and shall be liable to be proceeded against and punished accordingly.

(2) Where a body corporate is convicted of an offence under this Act, the High Court may order that the body corporate shall thereupon and without any further assurance, but for such order, be wound up and all its assets and properties forfeited to the Federal Government.

11. Restitution

(1) In addition to any other penalty prescribed under this Act, the High Court shall order a person convicted of an offence under this Act to make restitution to the victim of the false pretence or fraud by directing that person-

(a) where the property involved is money, to pay to the victim an amount equivalent to the loss sustained by the victim;

(b) in any other case-

                 (i) to return the property to the victim or to a person designated by him; or
                (ii) to pay an amount equal to the value of the property, where the return of
        the property is impossible or impracticable.

(2) An order of restitution may be enforced by the victim or by the prosecutor on behalf of the victim in the same manner as a judgment in a civil action.

PART 11

Electronic Telecommunication Offences, etc.

12. Duty to obtain subscriber’s name and address

(1) Any person or entity providing an electronic communication service or remote computing service either by e-mail or any other form shall be required to obtain from the customer or subscriber-

(a) full names;

(b) residential address, in the case of an individual;

(c) corporate address, in the case of corporate bodies.

(2) Any customer or subscriber who –

(a) fails to furnish the information specified in subsection (1) of this section; or

(b) with the intent to deceive, supplies false information or conceals or disguises the information required under this section,

commits an offence and is liable on conviction to imprisonment for a term of not less than 3 years or a fine of

N 100,000.00.

(3) Any person or entity providing the electronic communication service or remote computing service either by e-mail or any other form, who fails to comply with the provisions of subsection (1) of this section, commits an offence and is liable on conviction to a fine of N100,000.00 and forfeiture of the equipment or facility used in providing the service.

13. Duties of telecommunications and internet service providers and internet cafes

(1) Notwithstanding the provisions of the Nigerian Communications Commission Act 2003 or the provisions of any other law or enactment, any person or entity who in the normal course of business provides telecommunications or internet services or is the owner or person in the management of any premises being used as a telephone or internet cafe or by whatever name called shall-

(a) be registered with the Economic and Financial Crimes Commission (in this Act referred to as “the Commission”);

(b) maintain a register of all fixed line customers which shall be liable to inspection by any authorised officer of the Commission; and submit returns to the Commission on demand on the use of its facilities.

(2) Any person whose normal course of business involves the provision of non-fixed line or Global System of Mobile Communications (GSM) or is in the management of any such services, shall submit on demand to the Commission such data and information as are necessary or expedient for giving full effect to the performance of the functions of the Commission under this Act.

(3) Any person specified under subsections (1) and (2) of this section shall exercise the duty of care to ensure that his services and facilities are not utilised for unlawful activities.

(4) It shall be a valid defence for any provider of wire or electronic communication service, its officers, employees or agents or other specified persons for providing information or facilities to the Commission in any cause, matter or suit that the said provider, its officers, employees or agents or any other specified persons acted in compliance with the obligations imposed under this Act.

(5) Any person or entity who by virtue of subsections (1) and (2) of this section knows or ought to know that he should-

(a) be registered with the Commission; or

(b) furnish the Commission on demand, with the returns on the use of his service and facilities; or

(c) facilitate access to data and information by authorised employees or staff of the Commission,

and fails to do so with intent to conceal or disguise the nature of his activities or the use of his services and facilities, commits an offence and is liable on conviction to imprisonment for a term of not less than three years without an option of fine and in the case of a continuing offence, a fine of N50,000.00 for each day the offence persists.

(6) Any person or entity convicted more than once under this Act shall have his operational licence revoked or cancelled.

PART III

Jurisdiction, etc.

14. Jurisdiction to try offences, etc.

The. Federal High Court or the High Court of the Federal Capital Territory and the High Court of the State shall have jurisdiction to try offences and impose penalties under this Act.

15. Possession of pecuniary resources not accounted for

In a trial for an offence under this Act, the fact that a person-

(a) is in possession of pecuniary resources or property for which he cannot satisfactorily account and which is disproportionate to his known sources of income; or

(b) that he had at or about the time of the alleged offence obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved and may be taken into consideration by the High Court as corroborating the testimony of a witness in the trial.

16. Power to control property of an accused person

(1) Where at any stage of a trial, the High Court is satisfied that a prima facie case has been made out against a person, the High Court may by an order and for such time as it may direct or require –

(a) prohibit any disposition of property, movable or immovable, by or on behalf of that person, whether or not the property is owned or held by that person or by any other person on his behalf, except to such extent and in such manner as may be specified in the order; addressed to the manager of the bank or to the head office of the bank where the person has an account or is believed to have account, direct the manager or the bank –

(i) to stop all outward payments, operations or transactions (including any bill of exchange) for the time being specified in the order;

(ii) to supply any information and produce books and documents, in respect of the account of that person; and

(b) where necessary or expedient, vest in the High Court or otherwise acquire the custody of, any property, movable or immovable, of the person, for the preservation of the property, pending the determination of the proceedings.

(2) An order under subsection (1) of this section shall have effect as specified therein, but the order may at any time thereafter be varied or annulled by the High Court.

(3) Failure to comply with the requirement of an order under this section shall be an offence punishable on conviction-

(a) in the case of an individual, by imprisonment for a term of not less than 2 years or more than 5 years without the option of a fine;

(b) in the case of any group of persons not being a body corporate, by the like punishment of each of such persons as is prescribed in paragraph (a) of this subsection;

(c) in the case of a body corporate, by a fine of an amount equal to two times the estimated value of the property affected by the non-compliance or N500,000, whichever is higher.

17. Power to make an order of forfeiture without conviction for an offence

(1) Where any property has come into the possession of any officer of the Commission as unclaimed property or any property is found by any officer of the Commission to be in the possession of any other person, body corporate or financial institution or any property in the possession of any person, body corporate or financial institution is reasonably suspected to be proceeds of some unlawful activity under this Act, the Money Laundering Act of 2004, the Economic and Financial Crimes Commission Act of 2004 or any other law enforceable under the Economic and Financial Crime Commission Act of 2004, the High Court shall upon application made by the Commission, its officers, or any other person authorised by it and upon being reasonably satisfied that such property is an unclaimed property or proceeds of unlawful activity under the Acts stated in this subsection make an order that the property or the proceeds from the sale of such property be forfeited to the Federal Government of Nigeria.

(2) Notwithstanding the provision of subsection (1) of this section the High Court shall not make an order of forfeiture of the property or the proceeds from the sale of such property to the Federal Government of Nigeria until such notice or publication as the High Court may direct has been given or made for any person, body corporate or financial institution in whose possession the property is found or who may have interest in the property or claim ownership of the property to show cause why the property should not be forfeited to the Federal Government of Nigeria.

(3) Application under subsection (1) above shall first be made by a motion ex parte for interim forfeiture order of the property concerned and the giving of the requisite notice or publication as required in subsection (2) of this section.

(4) At the expiration of 14 days or such other period as the High Court may reasonably stipulate from the date of the giving of the notice or making of the publication stated in subsections (2) and (3) of this section, an application shall be made by a motion on notice for the final forfeiture of the property concerned to the Federal Government of
Nigeria.

(5) In this section –

“financial institution” shall have the same meaning as in section 7 of this Act;

“property” includes assets whether movable or immovable, money, monetary instruments, negotiable instruments, securities, shares, insurance policies, and any investments.

(6) An order of forfeiture under this section shall not be based on a conviction for an offence under this Act or any other law.

18. Power of arrest

The power of arrest in respect of an offence under this Act shall be in accordance with the provisions of the Criminal Procedure Act or the Criminal Procedure Code as the case may be.

19. Power to grant bail

The courts shall have power to grant bail to an accused person charged with an offence under this Act or any other law triable by the courts upon such terms and conditions as the courts may deem fit.

PART IV

Miscellaneous

20. Interpretation

In this Act –

“false pretence” means a representation, whether deliberate or reckless, made by word, in writing or by conduct, of a matter of fact or law, either past or present, which representation is false in fact or law, and which the person making it knows to be false or does not believe to be true;

“document” in this Act includes letters, maps, plans, drawings, photographs and also includes any matter expressed or described upon any substance by means of letter, figures or marks or by more than one of these means, intended to be used or which may be used for the purpose of recording that matter and further includes a document transmitted through fax or telex machine or any other electronic or electrical device, a telegram and a
computer printout.

21. Repeal of the Advance Fee Fraud and Other Fraud Related Offences Act No. I3 of 1995 and the Advance Fee Fraud and Other Fraud Related Offences (Amendment) Act, 2005

(1) The Advance Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995, and the Advance Fee Fraud and Other Fraud Related Offences (Amendment) Act, 2005 are repealed.

(2) The repeal of the Acts specified in subsection (1) of this section shall not affect anything done or purported to be done under or pursuant to the Acts.

22. Citation

This Act may be cited as the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

See also:

– Admiralty Jurisdiction Act, 1991

– Administrative Staff College of Nigeria Act, 1972

Credit: Policy and Legal Advocacy Centre (PLAC)

Admiralty Jurisdiction Act, 1991 (NG)

Admiralty Jurisdiction Act

An Act to provide for the extent of the jurisdiction of the Federal High Court in admiralty matters and other matters connected therewith.
[Commencement] [30th December, 1991]

1. Extent of the admiralty jurisdiction of the Federal High Court

(1) The admiralty jurisdiction of the Federal High Court (in this Act referred to as “the Court”) includes the following, that is-
(a) jurisdiction to hear and determine any question relating to a proprietary interest in a ship or aircraft or any maritime claim specified in section 2 of this Act;
(b) any other admiralty jurisdiction being exercised by any other court in Nigeria immediately before the commencement of this Act;
(c) any jurisdiction connected with any ship or aircraft which is vested in any other court in Nigeria immediately before the commencement of this Act;
(d) any action or application relating to any cause or matter by any ship owner or aircraft operator or any other person under the Merchant Shipping Act or any other enactment relating to a ship or an aircraft for the limitation of the amount of his liability in connection with the shipping or operation of aircraft or other property;
[Cap. M11.]
(e) any claim for liability incurred for oil pollution damage;
(f) any matter arising from shipping and navigation on any inland waters declared as national waterways;
(g) any manner arising within a Federal port or national airport and its precincts, including claims for loss or or damage to goods occurring between the off-loading of goods across space from a ship or an aircraft and their delivery at the consignee’s premises, or during storage or transportation before delivery to
the consignee;
(h) any banking or letter of credit transaction involving the importation or exportation of goods to and from Nigeria in a ship or an aircraft, whether the importation is carried out or not and notwithstanding that the transaction is between a bank and its customer;
(i) any cause or matter arising from the constitution and powers of all ports authorities, airport authority and the National Maritime Authority;
(j) any criminal cause and matter arising out of or concerned with any of the matters in respect of which jurisdiction is conferred by paragraphs (a) to (i) of this subsection.

(2) The admiralty jurisdiction of the Court in respect of carriage and delivery of goods extends from the time the goods are placed on board a ship for the purpose of shipping to the time the goods are delivered to the consignee or whoever is to receive them, whether the goods were transported on land during the process or not.

(3) Any agreement or purported agreement, monetary or otherwise connected with or relating to carriage of goods by sea, whether the contract of carriage is executed or not, shall be within the admiralty jurisdiction of the Court.

2. Maritime claims

(1) A reference in this Act to a maritime claim is a reference to a proprietary maritime claim or a general maritime claim.

(2) A reference in this Act to a proprietary maritime claim is a reference to-
(a) a claim relating to-
(i) the possession of a ship;
(ii) a title to or ownership of a ship or of a share in a ship;
(iii) a mortgage of a ship or of a share in a ship; or
(iv) a mortgage of a ship’s freight;
(b) a claim between co-owners of a ship relating to the possession, ownership, operation or earning of a ship;
(c) a claim for the satisfaction or enforcement of a judgment given by the Court or any court (including a court of a foreign country) against a ship or other property in an admiralty proceeding in rem;
(d) a claim for interest in respect of a claim referred to in paragraphs (a), (b) or (c) of this subsection.

(3) A reference in this Act to a general maritime claim is a reference to-
(a) a claim for damage done by a ship, whether by collision or otherwise;
(b) a claim for damage received by a ship;
                (c) a claim for loss of life or for personal injury, sustained in consequence of a defect in a ship or in the apparel or equipment of a ship;
(d) subject to subsection (4) of this section, a claim, including a claim for loss of life or personal injury, arising out of an act or omission of-
        (i) the owner or charterer of a ship;
                              (ii) a person in possession or control of a ship;
                             (iii) a person for whose wrongful act or omission the owner, charterer or person in possession or control of the ship is liable;
(e) a claim for loss of or damage to goods carried by a ship;
                (f) a claim out of an agreement relating to the carriage of goods or persons by a ship or to the use or hire of a ship, whether by charter-party or otherwise;
(g) a claim relating to salvage (including life salvage of cargo or wreck found on land);
(h) a claim in respect of general average;
                 (i) a claim in respect of pilotage of a ship;
                 (j) a claim in respect of towage of a ship or an aircraft when it is waterborne;
                 (k) a claim in respect of goods, materials or services (including stevedoring and lighterage service) supplied or to be supplied to a ship for its operation or maintenance;
                 (l) a claim in respect of the construction of a ship (including such a claim relating to a vessel before it was launched);
                 (m) a claim in respect of the alteration, repair or equipping of a ship or dock charges or dues;
                 (n) a claim in respect of a liability for port, harbour, canal or light tolls, charges or dues, or tolls, charges or dues of any kind, in relation to a ship;
                 (o) a claim arising out of bottornry;
                 (p) a claim by a master, shipper, charterer or agent in respect of disbursements on account of a ship;
                 (q) a claim for an insurance premium, or for a mutual insurance call, in relation to a ship, or goods or cargoes carried by a ship;

(r) a claim by a master, or a member of the crew, of a ship for-
                                (i) wages; or
                                (ii)an amount that a person, as employer, is under an obligation to pay to a person as employee, whether the obligation arose out of the contract of employment or by operation of law, including by operation of the law of a foreign country;
(s)           a claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried in a ship, or for the restoration of a ship or any such goods after seizure;
               (t)           a claim for the enforcement of or a claim arising out of an arbitral award (including a foreign award within the meaning of the Arbitration and Conciliation Act made in respect of a proprietary maritime claim or a claim referred to in any of the preceding paragraphs;
                                   [Cap. A18.]
                (u)  a claim for interest in respect of a claim referred to in any of the paragraphs (a) to (r) of this subsection.

(4) A claim shall not be made under subsection (3) (d) of this section unless the act or omission is an act or omission relating to the management of the ship including an act or omission in connection with-
(a) the loading of goods on to or the unloading of goods from a ship;
                 (b) the embarkation of persons on to or the disembarkation of persons from a ship; and
(c) the carriage of goods or persons on a ship.

(5) A claim under paragraphs (a) to (c) of subsection (4) may be made against the owner, agent or charterer of a ship.

3. Application of jurisdiction to ships, etc.

Subject to the provisions of this Act, the admiralty jurisdiction of the Court shall apply to-

1. all ships, irrespective of the places of residence or domicile of their owners;

and
(b) all maritime claims, wherever arising.

4. Aviation claims

Any reference in this Act to a claim in respect of an aircraft includes a claim that can be made under any of the Conventions in force to which Nigeria is a party.

5. Mode of exercise of admiralty jurisdiction

(1) Subject to section 6 of this Act, an action in personam may be brought in the Court in all cases within the admiralty jurisdiction of the Court.

(2) In the case of a claim as is mentioned in section 2 (2) (a) or section 2 (3) (u), or a question as is mentioned in section 2 (2) (b) of this Act, an action in rem may be brought in the Court against the ship or property in connection with which the claim or question arises.

(3) In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in the Court against that ship, aircraft or property; and for the purpose of this subsection, “maritime lien” means a lien for-
          (a) salvage; or
          (b) damage done by a ship; or
          (c) wages of the master or of a member of the crew of a ship; or
          (d) master’s disbursements.

(4) In any other claim under section 2 of this Act, where the claim arises in connection with a ship and the person who would be liable on the claim in an action in personam (in this Act referred to as “the relevant person”) was, when the cause of action arose, the owner or charterer of or in possession or in control of the ship, an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought against-
(a) that ship, if at the time the action is brought the relevant person is either the beneficial owner of that ship in respect of all the shares in it or the charterer of the ship under a charter by demise; or
(b) any other ship of which, at the time when the action is brought, the relevant person is the beneficial owner in respect of all the shares in the ship.

(5) In the case of a claim in the nature of towage in respect of an aircraft, an action in rem may be brought in the Court against that aircraft if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim in an action in personam.

(6) Where, in the exercise of its admiralty jurisdiction, the Court orders any ship, aircraft or other property to be sold, the Court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale.

(7) In determining, for the purposes of subsection (4) and (5) of this section, whether a person would be liable on a claim in an action in personam, it shall be assumed that the person has his habitual residence or place of business within Nigeria.

(8) Where a ship has been served with a writ or arrested in an action in rem brought to enforce a claim, no other ship shall (subject to subsection (9) of this section) be served with a writ or arrested in that or any other action in rem brought to enforce that claim; but this subsection shall not prevent the issue, in respect of anyone such claim, of a writ naming more than one ship (for example where the claim relates to repairs to two or more ships in the same ownership) or of two or more writs each naming a different ship.

(9) Where a ship has been arrested, no other ship shall be arrested in the proceeding unless the first-mentioned ship-
(a) having been invalidly arrested, has been released from arrest; or
(b) had been unlawfully removed from the custody of the Admiralty Marshal and the Admiralty Marshal has not regained custody of the ship.

(10) Where a person has a claim that is both-
(a) a claim on a maritime lien or other charge; and
(b) a general maritime claim,
in respect of a ship and has commenced proceedings against a sister ship, subsection (9) of this Act shall not prevent the arrest of the first-mentioned ship in a proceeding on the maritime lien or other charge if the amount recovered by the person in the proceeding is less than the amount of claim on the maritime lien or other charge.

6. Re-arrest

(1) A ship or other property arrested in a proceeding on a maritime claim shall not be re-arrested in the proceeding in relation to the claim unless the Court so orders, because default has been made in the performance of a guarantee undertaking given to procure the release of the ship or property from the earlier arrest or for some other sufficient reason.

(2) An order under subsection (1) of this section may be made subject to such conditions as the Court deems just in the circumstances.

7. Service and arrest within jurisdiction

(1) A writ in a proceeding commenced as an action in rem in the Court may be served on a ship or other property.
(2) A ship or other property may, in any proceeding under subsection (1) of this section, be arrested at any place within the limits of the territorial waters of Nigeria.

8. Proceeds of sale

Where, but for the sale of a ship or other property under this Act, a proceeding could have been commenced as an action in rem against the ship or property, the proceeding may be commenced as an action in rem against the proceeds of sale that have been paid into a Court under this Act.

9. Limitation of liability proceedings

(1) A person who apprehends that a claim for compensation under any law, including the Merchant Shipping Act, that gives effect to a Liability Convention may be made against him by some other person, may apply to the Court to determine the question whether the liability of the first-mentioned person in respect of the claim may be limited under that law.
[Cap. M11.]

(2) On an application under subsection (1) of this section, the Court may, in accordance with the law referred to in that subsection-
(a) determine whether the applicant’s liability may be so limited and, if so determined the limit of the liability;
(b) order the constitution of a limitation fund for the payment of claims in respect of which the applicant is entitled to limit his liability; and
(c) make such orders as are just with respect to the administration and distribution of that fund.

(3) Where the Court has jurisdiction under this Act in respect of a proceeding, that jurisdiction shall extend to entertaining a defence in the proceeding by way of limitation of liability under a law that gives effect to the provisions of a Liability Convention.

10. Retention of security where proceedings are stayed or dismissed

(1) Without prejudice to any other power of the Court-
(a) where it appears to the Court in which a proceeding commenced under this Act is pending that the proceeding should be stayed or dismissed on the ground that the claim concerned should be determined by arbitration (whether in Nigeria or elsewhere) or by a court of a foreign country; and
(b) where a ship or other property is under arrest in the proceeding,
the Court may, order that the proceeding be stayed on condition that the arrest and detention of the ship or property shall stay or satisfactory security for their release be given as security for the satisfaction of any award or judgment that may be made in the arbitration or in a proceeding in the Court of the foreign country.

(2) The power of the Court to stay or dismiss a proceeding commenced under this Act includes power to impose any condition as is just and reasonable in the circumstances, including a condition-
(a) with respect to the institution or prosecution of the arbitration or proceeding in the court of a foreign country; and
(b) that equivalent security be provided for the satisfaction of any award or judgment that may be made in the arbitration or in the proceeding in the court of a foreign country.

(3) Where the Court has made an order under subsection (1) or (2) of this section, the Court may make such interim or supplementary orders as are appropriate in relation to the ship or other property for the purpose of preserving-
(a) the ship or other property; or
(b) the rights of a party or of a person interested in the ship or other property.

(4) Where-
       (a) a ship or other property is under arrest in a proceeding;
      (b) an award or judgment as mentioned in subsection (1) of this section has been made in favour of a party; and
      (c) apart from this section, the award or judgment is enforceable in Nigeria,
then in addition to any other proceeding that may be taken by the party to enforce the award or judgment, the party may apply to the Court in the stayed proceeding for an appropriate order in relation to the ship or property to give effect to the award or judgment.

11. Liability not limited to value of ship or property

Where judgment is given for the plaintiff in any proceeding on a maritime claim commenced as an action in rem against a ship or other property, the extent to which a defendant in the proceeding, who has entered an appearance and is a relevant person in relation to the claim, is personally liable to the judgment shall not be limited by the value of the ship or other property.

12. Ownership disputes

In a proceeding on a maritime claim between co-owners of a ship relating to possession, ownership, operations or earnings of the ship, the orders that the Court may make shall include-
       (a) an order for the settlement of accounts outstanding and unsettled;
       (b) an order directing that the ship or a share in the ship be sold; and
       (c) an order relating to entries in and deletions from the Registry of Ships.

13. Damages for wrongful arrest

(1) Where, in relation to a proceeding commenced under this Act-
      (a) a party unreasonably and without good cause-
         (i) demands excessive security in relation to the proceeding; or
         (ii) obtains the arrest of a ship or other property under this Act; or
        (b) a party or other person unreasonably and without good cause fails to give a consent required under this Act for the release from arrest of a ship or other property,
the party or person shall be liable in damages to a party to the proceeding, being a party or person who has suffered loss or damage as a direct result.

(2) The jurisdiction of the Court shall extend to determining summarily, in relation to the proceeding, a claim arising under subsection (1) of this section.

14. Priorities: general maritime claims

Notwithstanding the provisions of any other law, where-
(a) a proceeding in respect of a general maritime claim concerning a ship has been commenced under this Act against a sister ship; or
(b) in relation to a proceeding commenced under this Act concerning a ship, a sister ship has been arrested,
the order in which general maritime claims against both ships shall be paid out of the proceeds of the sale of a sister ship shall be determined, as if all the claims were general maritime claims against the sister ship.

15. Statutory powers of detention

(1) Where a law, other than this Act, confers on a person a power to detain a ship-
(a) if the ship is under arrest under this Act, the power to detain the ship shall not be exercised;
(b) the exercise of the power to detain the ship shall not prevent the arrest of the ship under this Act.

(2) If a ship that has been detained under such a power as is mentioned in subsection (1) of this section, is arrested under this Act, then, by force of this subsection the detention shall be suspended for so long as the ship is under arrest.

(3) If a ship that has been detained pursuant to a civil claim or would, but for paragraph (a) of subsection (1) of this section, be liable to be detained under such a power, is arrested and sold under this Act, then, the civil claim shall, unless the Court otherwise directs, be payable in priority to any claim against the ship other than the claim of the Admiralty Marshal for expenses.

16. Liability for principal and agent

(1) The charterer, manager, operator or master of any ship in a Nigerian port or territorial waterways who authorises an agent to act for the ship, in relation to any purpose for which the ship is in Nigeria, shall be liable for any act, declaration, default, omission or commission of his agent in carrying out his agency.
(2) If the owner, charterer, manager, operator or master of any ship entering or coming into Nigeria requests the services of an agent in Nigeria, such request shall be notified in writing to the ports authorities before or on the arrival of the ship, and the authorisation shall only cease if no suit is brought against the ship within the limitation period.
(3) A person who acts as an agent of the owner, charterer, manager or operator of a ship may be personally liable, irrespective of the liability of his principal, for the act, default, omission or commission of the ship in respect of anything done or failed to be done in Nigeria.
(4) A person who does anything or carries out any duty under the provisions of this Act or under the provisions of any law in force in Nigeria in respect of any ship in the territorial waters of Nigeria shall by doing that thing or carrying out that duty constitute himself the agent of the ship.

17. Currency clause

(1) The Court shall have the power to give judgment in any monetary currency (accepted as legal tender by the laws of any other country) in which any of the parties has suffered loss or damage if-
      (a) the goods or consignment are paid for or are to be paid for in that foreign currency; or
              (b) the goods are insured in that currency and part of the amount so claimed is confined to that portion in foreign currency; or
              (c) the consideration or loss is derived from, accruing in, brought into or received, as the case may be, in the foreign currency or for the benefit of the party making a claim before the Court.
(2) A judgment awarded by the Court in any foreign currency shall be recoverable as if it were a judgment of the Court awarded in the currency of Nigeria.

18. Limitation periods

(1) A proceeding may be brought under this Act on a maritime claim or on a claim on a maritime lien or other charge, at any time before the end of–
(a) the limitation period that would have been applicable to the claim if a proceeding on the claim had been brought otherwise than under this Act; or
(b) if no proceeding on the claim could have been so brought, a period of 3 years after the cause of action arose.
(2) The provisions of subsection (1) of this section shall not apply if a limitation period is fixed in relation to the claim by any enactment or law.

19. Exclusive jurisdiction

Notwithstanding the provisions of any other enactment or law, the Court shall, as from the commencement of this Act, exercise exclusive jurisdiction in admiralty causes or matters, whether civil or criminal.

20. Ouster of jurisdiction by agreement void

Any agreement by any person or party to any cause, matter or action which seeks to oust the jurisdiction of the Court shall be null and void, if it relates to any admiralty matter falling under this Act and if–
       (a) the place of performance, execution, delivery, act or default is or takes place in Nigeria; or
             (b) any of the parties resides or has resided in Nigeria; or
       (c) the payment under the agreement (implied or express) is made or is to be made in Nigeria; or
                     (d) in any admiralty action or in the case of a maritime lien, the plaintiff submits to the jurisdiction of the Court and makes a declaration to that effect or the rem is within Nigerian jurisdiction; or
         (e) it is a case in which the Federal Government or the Government of a State of the Federation is involved and the Federal Government or Government of the State submits to the jurisdiction of the Court; or
                     (f) there is a financial consideration accruing in, derived from, brought into or received in Nigeria in respect of any matter under the admiralty jurisdiction of the Court; or
                    (g) under any convention, for the time being in force to which Nigeria is a party, the national court of a contracting State is either mandated or has a discretion to assume jurisdiction; or
      (h) in the opinion of the Court, the cause, matter or action should be adjudicated upon in Nigeria.

21. Practice and procedure

The Chief Judge may make rules of practice and procedure for carrying into effect the objects of this Act.

22. Venue of proceedings

Any proceeding which may be brought pursuant to this Act may be filed in any judicial division of the Court in which the ship or other property may be located.

23. Appeals

Appeals from any decision or order of the Court in admiralty matters shall be as in other civil or criminal cases under the provisions of the Constitution of the Federal Republic of Nigeria 1999.
[Cap. C23.]

24. Act to bind the State

(1) This Act binds the State in all its capacities.
(2) This Act does not authorise-
                                  (a) a proceeding to be commenced as an action in rem against a Government ship or Government property; or
          (b) the arrest, detention or sale of a Government ship or Government property.
(3) Where a proceeding has been commenced as an action in rem against a Government ship or Government property, the Court may, if it is satisfied that the proceeding was so commenced on the reasonable belief that the ship was not a Government ship or the property was not Government property-
                                (a) order that the proceeding be treated as though it were a proceeding commenced as an action in personam on the claim against the person specified as defendant in the order; and
                                (b) make such consequential orders as are necessary.
(4) In this section-
“Government ship” means a ship that belongs or is for the time being demised or sub-demised to the Federal or a State Government and includes a ship that is being used by or in connection with a part of the Nigerian Navy but does not include a ship that belongs or is for the time being demised or sub-demised to a corporation that is an agency of the Federal or a State Government;
“Government property” means cargo or other property that belongs to the Federal or a State Government but does not include cargo or other property that belongs to a corporation that is an agency of the Federal or a State Government.

25. Interpretation

(1) In this Act, unless the context otherwise requires-
“Chief Judge” means the Chief Judge of the Federal High Court;
“Court” means the Federal High Court;
“foreign ship” means a ship that is not registered under the Merchant Shipping Act;
[Cap. M11.]
“freight” includes passage money and hire;
“hovercraft” means a vessel that is an air cushion vehicle or a similar vehicle, used wholly or principally in navigation by water;
“initiating process” includes a third party notice;
“inland waters” means waters within Nigeria other than waters of the sea;
“inland waterways vessel” means a vessel that is used or intended to be used wholly on inland waters;
“master” in relation to a ship, means a person who has command or charge of the ship;
“member of the crew” in relation to a ship, means a person employed or engaged in any capacity on board the ship on the business of the ship other than-
(a) the master of the ship; or
(b) a person who has the conduct of the ship as the compulsory pilot of the ship; or
(c) a person temporarily employed on the ship in port;
“mortgage” in relation to a ship or a share in a ship, includes a hypothecation or pledge of and a charge on the ship or share, whether at law or in equity and whether arising under the law in force in a part of Nigeria or elsewhere;
“relevant person” in relation to a maritime claim, means a person who would be liable on the claim in a proceeding commenced on an action in personam;
“sea” includes all waters within the ebb and flow of the tide;
“ship” means a vessel of any kind used or constructed for use in navigation by water, however it is propelled or moved and includes-
(a) a barge, lighter or other floating vessel, including a drilling rig;
(b) a hovercraft;
(c) an off-shore industry mobile unit; and
(d) a vessel that has sunk or is stranded and the remains of such vessel, but does not include a vessel under construction that has not been launched.

(2) A reference in this Act to the time when a proceeding is commenced is a reference to the time when the initiating process in relation to the proceeding is filed in or issued by the Court.

26. Short title

This Act may be cited as the Admiralty Jurisdiction Act.

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1. Admiralty Jurisdiction Procedure Rules.
ADMIRALTY JURISDICTION PROCEDURE RULES

under section 21 of the Act
[Commencement] [2nd August, 1993]

ORDER I
Citation, Application, etc.

Citation.
Application of Rules.
Interpretation.

ORDER II
Form and Commencement of Suits

Commencement of suits.
Particulars of Claim.
Headings.
Validity of writ.
Limitation proceedings.
Appearance.

ORDER III
Preliminary Acts

Filing of preliminary acts.
Contents of preliminary acts.
Time for filing of preliminary acts.
Preliminary acts to be sealed.
Default in filing.
Opening of preliminary acts.

ORDER IV
Parties
1. Actions in rem.
2. Action against ship or other property.
3. Sister ships.
4. Amendment.

ORDER V
Service of Process
1. Service on ships or other property on a ship.

2. Service on property not on ship.

3. Service where access impossible.

4. Nigerian Ports Authority to be notified.

5. Service of writ on proceeds.

6. Service upon caveator.

7. Service by Admiralty Marshal.

8. Substituted service.

9. Service on any day.

10. Service of amended process.

11. Acceptance of service by solicitor.

12. Service by courier.

ORDER VI
Caveats

Caveats.
Caveats against arrest.
Registrar to be satisfied by an undertaking.
Undertaking by caveators, etc.
Caveator to give bail.
Caveator may not prevent arrest.
Caveator against release.
Payment of damages for insufficient reason.
Caveats in force for 12 months.
Withdrawal of caveats.
Registers.

ORDER VII
Arrest of Ships and Other Property

Application.
Issue of warrant.
Period of validity.
Execution of arrest warrant.
Duration of arrest.
Verification of service.
Execution on any day.

ORDER VIII
Custody of Ships and Property under Arrest
1. Liability for Admiralty Marshal’s expenses.

Expenses of arrested ship.
Funds to be deposited with Admiralty Marshal.
Custody of arrested ships and property.
Applications concerning arrested property.
Discharge of ship or cargo not under arrest.
Preservation, management and control powers.

ORDER IX
Release from Arrest
1. Release by Registrar on exercise or his discretion.

Release from arrest by Court.
Payment of fees.
Order of release.

ORDER X
Security for Costs
1. Court may order security for costs.

Form of security.
Quantum of security.
Time within which security to be furnished.
Security to be withdrawn upon conclusion of action.
Security for costs in wages and collision matters.
Stay pending security in collision proceeding.

ORDER XI
Reparation for Needless Arrests
1.   Court may require security or impose other terms on making orders.
2.   Cases in which compensation may be awarded.
3.   No action of damages where compensation awarded
4. Application for damages for wrongful arrest may be taken summarily
ORDER XII
           Payment of Bail
1.   Payment into court
2.   Payment to be acknowledged by the bank
3.   Court may vary bail
ORDER XIII
     Limitation Proceedings

Service on at least one respondent
Advertisement of determination
Effect of determination
Proceedings to set aside determination

ORDER XIV
Valuation and sale

Orders for valuation and sale
Sale
Return of sale
Admiralty Marshal’s expenses

ORDER XV
Priorities

Application to determine priorities
Marshal expenses

ORDER XVI
General Powers of the Court

Court may give directions, abridge or extend time.
Review of Registrar’s actions.
Instruments to be signed by Registrar, sealed

ORDER XVII
Effect of Non-compliance

Non-compliance with Rules.
Application to set aside for irregularity

SCHEDULE
    Forms
ADMIRALTY JURISDICTION PROCEDURE RULES
under section 21 of the Act

[Commencement]                                              [2nd August, 1993]

ORDER I
Citation, Application, etc.
1.   Citation
These Rules may be cited as the Admiralty Jurisdiction Procedure Rules.

Application of Rules

These Rules shall apply to every admiralty cause or matter brought in the Court.

Interpretation

In these Rules, unless the context otherwise requires-
“admiralty” shall bear the same meaning as in the Admiralty Jurisdiction Act 1991;
“amount” claimed” includes an amount in respect of interest or cost;
“arrest warrant” means a warrant for the arrest of a ship or other property;
“caveat” means an undertaking filed in the Registry by the owner of, or person interested in, a ship or property, to appear to any action in rem riled against that ship or property and provide bail even though the ship or property is not arrested;
“caveator” or means the person by whom or on whose behalf the caveat was filed;
“Court” means the Federal High Court;
“interested person” in relation to a proceeding or in relation to a ship or other property that is under arrest, includes an underwriter or insurer of the ship or property or of a liability in relation to the ship or property or intervener;
“Marshal” means the Admiralty Marshal;
“Registrar” means an officer of the Court authorised by the Rules of Court to exercise the power or function or to perform the duty of Registrar;
“ship” includes any description of vessel used in navigation.

ORDER II
Form and Commencement of Suits
1. Commencement of suits
(1) Every admiralty action filed in the Court shall be commenced by a writ of summons signed by a judge or other officer empowered to sign summonses.
(2) The writ shall be issued by the Registrar or other officer of the Court empowered to issue summons upon receipt of written Particulars of Claim filed by a plaintiff.
2. Particulars of Claim
(1) Every writ of summons in an action in rem shall be accompanied by a Statement of Claim.
(2) In an action in personam, it shall be sufficient for the Plaintiff to state his claim in his application in writing for the writ of summons briefly in a general form, or he may deliver to the Registrar at the time of making the application for the writ of summons, particulars of his claim in any form which shall give the Defendant reasonably sufficient information as to the details thereof and such statement shall be affixed to Form “A” specified in the Schedule to these Rules.
3. Headings
(1) A document filed in or issued out of the Court in an admiralty proceeding shall include as part of the heading of the document, the words “IN ADMIRALTY”.
(2) Where the action
is an action in rem, a document filed shall contain the heading “ADMIRALTY ACTION IN REM”
(3) A proceeding commenced as an action in personam shall not be commenced by the same initiating process by which a proceeding is commenced as an action in rem.
4. Validity of writ
A writ shall be effective for service for a period of 12 months after it is issued and may not be served after that time without leave of the Court.
5. Limitation proceedings
(1) A limitation proceeding shall be commenced as an action in personam.
(2) At least one of the Respondents shall be named as respondent in the writ.
(3) Other respondents need not be so named but may be identified as respondents in the writ by reference to their being members of a specified class of persons.
(4) The writ need not be served on respondents so identified.

Appearance

(1) No formal appearance need be filed but a return date shall be fixed by the Court not more than 21 days after the issue of a writ, on which date any party served with the writ shall appear in court or be represented by Counsel.
(2) Where the writ is served simultaneously with an order for the arrest of any ship or property, an interested person may apply for the release of the arrested ship or property and the Court shall, within 3 days of the filing and serving of the application for release of the ship or property, entertain the said application.
(3) An application for the release of the arrested ship or property shall be heard by the judge who ordered the arrest or, in his absence, by another judge.

ORDER III
Preliminary acts
1. Filing of preliminary acts
In an action to enforce a claim for damages arising from loss of a ship or damage done to or by a ship following a collision between two or more ships, each party shall file a preliminary act, unless the Court otherwise orders.
2. Contents of preliminary acts
The preliminary act shall contain the following particulars-
        (a)        the names of the ships which came into collision and their ports of registry;
        (b)        the date and time of the collision;
     (c)        the place of the collision;
                               (d)        the direction and force of the wind;
       (e)        the state of the weather;
   (f)         the state, direction and force of the tidal or other current;
       (g)       the course steered and speed through the water of the ship when the other ship was first seen or immediately before any measure was taken with reference to her presence whichever was the earlier;
         (h)      what light or combination of lights (if any) of the other ship was first seen;
       (i)       the distance and bearing of the other ship if and when her echo was first observed by radar;
       (j)        the distance, bearing and approximate heading of the other ship when first seen;
            (k)        what other lights or combination of lights (if any) of the other ship were subsequently seen before the collision and when;
            (l)         what alternations (if any) were made to the course and speed of the ship after the earlier of the two times referred to in sub-paragraph (k) of this rule up to the time of the collision any other than alteration, and when, and what measures (if any) other than alternation of course or speed, were taken to avoid
the collision, and when;
             (m)       the heading of the ship, the parts of each ship which first came into contact and the approximate angle between the two ship at the moment of contact;
         (n)      what sound signals (if any) were given, and when;
       (o)      what sound signals (if any) were heard from the other ship, and when.
3. Time for filing of preliminary acts
The Plaintiff shall file his preliminary act within 7 days after the commencement of the proceeding and the other parties shall tile their preliminary acts before filing any pleading.
4. Preliminary acts to be sealed
A preliminary act shall be filed in a closed envelope that has been sealed with the seal of the Court and bears the date of filing.

5. Default in filing

(1) Where the Plaintiff fails to file a preliminary act, the Court may, on an application, dismiss the proceeding or make such order on such terms as it thinks just.
(2) Where a defendant fails to file a preliminary act, the Plaintiff may take the same steps in the proceeding as may be taken in relation to a defendant who has failed to file a defence.
(3) Improving his case in pursuance to paragraph (2) of this rule, the Plaintiff’s evidence may, unless the Court otherwise orders, be given by affidavit.

6. Opening of preliminary acts
The Court may at the stage of the proceeding after pleadings have been closed, on application or of its own motion, order that the Registrar open the envelopes containing the preliminary acts and may make such further order or orders as are appropriate.

ORDER IV
Parties
1. Actions in rem
The writ in a proceeding commenced as an action in rem shall specify a relevant per-son in relation to the maritime claim concerned as a defendant and shall be in Form B in the Schedule to these Rules.
2. Action against a ship or other property
The writ in a proceeding commenced as an action in rem against a ship or other property shall identify the ship or property.

3. Sister ships

(1) Where the action is commenced against a sister ship, the ship in relation to which it is a sister ship shall also be identified in the initiating process.
(2) A writ may identify more than one ship as a sister ship.

4. Amendment
(1) The powers of the Court in relation to amendment of process and joinder of parties shall extend to-
       (a) making an order, on such terms as are just;
       (b) substituting for a defendant identified in rule 2 of this Order some other person; and
      (c) substituting for a ship some other ship.
(2) Where the writ in a proceeding is amended by substituting for a ship some other ship, the proceeding shall be taken to have been commenced against the other ship at the time specified in the order or, if no time is specified, at the time when the order was made.

ORDER V
Service of Process

1. Service on ships or other property on a ship

The writ in a proceeding commenced as an action in rem against a ship or other property that is at the time of service on board a ship, shall be served by securely affixing a sealed copy of the process to a mast or some other conspicuous part of the ship, or delivering the same to the master of the ship.

2. Service on property not on ship

The writ in a proceeding commenced as an action in rem against any property that is not, at the time of service, on board a ship, shall be served by securely affixing a sealed copy of the process to the property or to a package or container containing the property.

3. Service where access impossible

If access to the ship or property cannot reasonably be obtained, the process may be served on the ship or property by handing a sealed copy of the process to or leaving it with a person apparently in charge of the ship or other property; or if that person refuses to accept service, by placing a sealed copy of the process down in the person’s presence and telling the person what the document is.

N.B. The rules provided here are not complete

– Administrative Staff College of Nigeria Act, 1972

Credit: Policy and Legal Advocacy Centre (PLAC)

Administrative Staff College of Nigeria Act, 1972 (NG)

Administrative Staff College of Nigeria Act

An Act to provide for the establishment and objects of the Administrative Staff College of Nigeria and the management of the College.

[Commencement.] [1st June, 1972]

Establishment and Objects of the Administrative Staff College

1. Establishment and objects of the Administrative Staff College of Nigeria

(1) There is hereby established a body to be known as the Administrative Staff College of Nigeria (in this Act referred to as “the College”) which shall be a body corporate with perpetual succession and a common seal.

(2) The objects of the College shall be-

(a) to provide higher management training for the development of senior executives for the public and private sectors of the Nigerian economy;

(b) to provide and arrange for a comparative study and investigation of the principles and techniques of management and administration, and for exchange of ideas and experiences and for promotion of a better understanding between persons connected with management and administration in the various spheres of national life;

(c) to conduct research into problems of management and administration arising in different spheres of national life;

(d) to award grants, scholarships or travel fellowships for research in public administration and allied subjects;

(e) to establish and maintain a library;

(f) to undertake, organise and facilitate study courses, conferences, lectures, seminars and the like, and to promote the aforesaid objects; and

(g) to undertake and provide for the publication of journals and of research papers and books in furtherance of the aforesaid objects.

Establishment, Membership and Functions of the Board of the College

2. Establishment and membership of the Board

(l) The College shall be governed by a Board which shall consist of a chairman and the following other members who shall be appointed by the President, that is-

(a) one representative of the Federal Civil Service Commission;

(b) four representatives of Governments of all the States of the Federation in rotation for two years at a time;

(c) the Directors of the Institutes of Administration-

(i) Ahmadu Bello University, Zaria;
(ii) Obafemi Awolowo University, Ile-Ife; and
(iii) University of Nigeria, Nsukka;

(d) the Commandant, Command and Staff College, Jaji;

(e) the Commandant, Police Staff College, Jos.

(2) The Director-General of the College shall be a member of the Board and the Secretary of the Board.

3. General functions of the Board

Subject to the provisions of this Act, the Board shall be the governing body of the College and shall have the general management of the affairs of the College, and in particular, the general control of the College and power to do anything which in its opinion is calculated to facilitate the carrying out of the objects of the College and to promote its best interests.

4. Powers and duties of the Board

Without prejudice to the generality of the provisions of section 3, the Board shall have and exercise the power-

(a) to create lectureships and other posts and offices and to make appointments thereto;

(b) to appoint such administrative and other members of the staff of the College as may appear necessary or expedient;

(c) to dismiss and exercise disciplinary control over members of the staff of the College;

(d) to prescribe the terms and conditions of service including salaries, allowances, pensions and other remunerations for all members of the staff of the College;

(e) to encourage and make provisions for research in the College;

(f) to erect, provide, equip and maintain libraries, lecture halls, halls of residence, refectories, sports grounds, playing fields, and such other buildings or things as may be necessary, suitable or required;

(g) to enter into such contracts as may be necessary or expedient for carrying in to effect the provisions of this Act; and

(h) to acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act and for the same purpose may sell, lease, mortgage, or otherwise alienate or dispose of any property acquired.

5. Delegation of powers by the Board

(1) The Board may, subject to such conditions as it may think fit, delegate any or all of the powers conferred on it by this Act (including its powers to appoint and exercise disciplinary control) to its committees or the Director.

(2) Nothing in this section shall prevent the Board from exercising any of the powers so delegated.

6. Tenure of office

(1) A member of the Board appointed otherwise than by office shall hold office for a term of three years; and subject to the provisions of subsection (2) of this section shall be eligible for re-appointment.

(2) The office of a member of the Board under this Act shall become vacant if-

(a) he resigns his office by notice in writing under his hand addressed to the Minister; or

(b) the Minister is satisfied that it is not in the interest of the College for the person appointed to continue in office, and notifies the member in writing to that effect.

The Director and his Functions

7. The Director and his functions

(1) There shall be a Director who shall be appointed by the Board with the consent of the President.

(2) Subject to the provisions of this Act and the control of the Board in all matters affecting the finance of the College, the Director shall be the Chief Executive of the College and shall be charged with the general responsibility of the management of the educational affairs and academic matters of the College and shall have in particular the following functions-

(a) to direct and regulate the programme of work of the College;

(b) to promote research within the College;

(c) to award certificates or diplomas;

(d) to exercise and perform such other powers and duties as may be conferred or imposed upon him by the Board;

(e) to keep in safe custody all records of the College;

(f) to demand and receive from any student or any other person attending the College such fees as the Board may, from time to time, determine; and

(g) to act as Secretary to the Board.

Pensions

8. Application of Pensions Act, etc.

(1) The Federal Civil Services Commission may by order published in the Federal Gazette declare the office of the Director or of any person employed by the Board to be a pensionable office for the purposes of the Pensions Act.

[Cap. P4.]

(2) Subject to subsections (3) and (4) of this section, the Pensions Act shall in its application to any office have effect as if the office were in the civil service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria 1999.

[Cap. C23.]

(3) For purposes of the application of the provisions of the Pensions Act in accordance with subsection (2) of this section-

(a) paragraph (b) of section 3 (1) (a) and section 21 of that Act shall have effect as if for the references to the Minister there were substituted references to the Board; and

(b) the power under sections 3 (1) (b) and 4 (2) of that Act to require an officer to retire at any time after attaining the age of forty-five, subject to his being given three months’ notice in writing, shall be exercisable by the Board and not by any other authority.

Financial Provisions

9. Financial provisions

(1) The funds of the College shall consist of grants made to it by the Federal Government and such other sums as may accrue to it from time to time as provided for by the provisions of this Act.

(2) The Board may borrow such moneys as it may require on such terms and conditions as it deems fit, and if need be upon such security of all or any of the property movable or immovable of the College.

(3) The Board may invest any moneys belonging to the College by way of endowment (whether for general or special purposes) and any such moneys of the College as may not be immediately required for current expenditure in any investments or securities or in purchase or improvement of land, with power to vary any such investments and to deposit any moneys for the time being uninvested with any bank on deposit or current account.

10. Audit of accounts and annual report thereon

(1) The Director shall keep proper accounts and proper records in relation thereto and shall on a date not later than 18 months after the establishment of the College and subsequently once at least in every year, lay before the Board in a general meeting, a statement of an income and expenditure account, made up to a date not earlier than the date of the meeting by more than nine months.

(2) The Board may at its discretion by a resolution extend the periods mentioned in subsection (1) of this section.

(3) Subject to the provisions of subsection (1) of this section, the Director shall as soon as may be after the end of the financial year to which the accounts relate, cause the accounts of the College to be audited by external auditors appointed by the Board from the list of external auditors and in accordance with guidelines supplied by the Auditor- General for the Federation.

(4) The auditors shall, on the completion of the audit of the accounts of the College for each financial year, prepare and submit to the Board reports setting out-

(a) general observations and recommendations of the auditors on the financial affairs of the College for the year and on any important financial matters which the auditors desire to bring to the notice of the Board; and

(b) detailed observations and the recommendations of the auditors on all aspects of the finances of the College for that year.

11. Power to accept gifts

(1) Subject to subsection (2) of this section, the College may accept gifts of land, money or other property, upon such trust or conditions, if any, as may be specified by the donor.

(2) The College shall not accept any gift if the conditions attached to such gifts are inconsistent with the functions of the College.

Miscellaneous

12. Meetings of the Board

(1) The Board shall meet at least three times in every year as and when required for the due performance of its functions under this Act.

(2) Any five or more members may by notice in writing signed by them, stating the matters to be discussed and delivered to the Chairman, request him to convene a meeting of the Board for a date not later than 28 days from the receipt of the notice, and if the Chairman fails to convene a meeting within the prescribed time, the Secretary of the
Board shall on receipt of a request from the said members summon a meeting of the Board within 28 days.

(3) No act or proceeding of the Board shall be invalidated by reason of any vacancy among its members or because of any defect in the appointment of a member.

(4) Nine members shall form a quorum at any meeting of the Board.

(5) Decision of the Board shall be determined by a majority of the members present and voting.

(6) Where the Chairman, by reason of illness or absence from Nigeria, is unable to perform the functions of his office, the Minister may appoint any other person to perform the functions of that office temporarily.

(7) If the Chairman is for any reason absent from any meeting of the Board, the members present may elect one of the members to preside at that meeting.

(8) Where the Board desires to obtain advice for any particular purpose it may co-opt other persons for that purpose; and the persons co-opted may take part in the deliberations of the Board for that purpose only and shall not be entitled to vote.

13. The seal of the College

(1) The seal of the College shall not be affixed to any instrument except by the authority of a resolution of the Board and in the presence of the Chairman and of the Director-General or such other members as the Board may appoint for that purpose; and the Chairman and the Director-General or such other members as may be appointed, in
whose presence the seal is affixed, shall sign the instrument.

(2) Every document purporting to be an instrument made by the College and to be sealed with its seal shall be received in evidence and be deemed to be an instrument authenticated in accordance with this section without further proof unless the contrary is shown.

14. Standing orders

Subject to the provisions of this Act, the Board may regulate its own procedure by standing orders, and without prejudice to the generality of the foregoing, the Board may make standing orders in respect of the following matters, that is to say-

(a) the proper conduct of business and meetings of the Board;

(b) the method of entering into and execution of contracts;

(c) the signing of cheques, documents and other instruments;

(d) the keeping and custody of minutes of proceedings at meetings;

(e) the custody of the common seal; and

(f) the procedure for transaction of business by any committee of the Board.

15. Report of activities of the Board

The Board shall as soon as possible after the end of each year submit to the Minister a report on the activities of the College and researches conducted under the administration of the Board during the last preceding year.

16. Regulations

The Board may make regulations generally for its purpose under this Act and Regulations made hereunder shall not have effect until they are approved by the Minister, and when so approved, they shall be published in the Federal Gazette.

17. Interpretation

In this Act, unless the context otherwise requires-

“Board” means the Board of the Administrative Staff College of Nigeria;

“Chairman” means the Chairman of the Board;

“College” means the Administrative Staff College of Nigeria;

“Director” means the Director of the College;

“Minister” means the Federal Minister charged with responsibility for matters relating to Establishments.

18. Short title

This Act may be cited as the Administrative Staff College of Nigeria Act.

See also:

– Acts Authentication Act, 1962

– Administration of Justice Commission Act, 1991

Credit: Policy and Legal Advocacy Centre (PLAC)

Administration of Justice Commission Act, 1991 (NG)

Administration of Justice Commission Act

An Act to establish the Administration of Justice Commission with responsibility, among other things, for the general supervision of the administration of justice.

[Commencement.] [27th December, 1991]

1. Establishment of the Administration of Justice Commission

There is hereby established a body to be known as the Administration of Justice Commission (in this Act referred to as “the Commission”).

2. Members of the Commission

(1) The Commission shall consist of the Chief Justice of Nigeria as Chairman and the following other members, that is-

(a) the Attorney-General of the Federation;

(b) the Minister of Internal Affairs;

(c) the Inspector-General of Police;

(d) the Director of Prisons; and

(e) the President of the Nigerian Bar Association.

(2) The supplementary provisions contained in the Schedule to this Act shall have effect with respect to the proceedings of the Commission and the other matters mentioned therein.

[Schedule.]

3. Functions of the Commission

(1) The Commission shall be charged with the general supervision of the administration of justice in Nigeria.

(2) Without prejudice to the generality of subsection (1) of this section, the Commission shall ensure that-

(a) the courts system in Nigeria is generally maintained and adequately financed;

(b) judges and officers of the courts conform with the Code of Ethics of their office;

(c) criminal matters are speedily dealt with;

(d) congestion of cases in courts is drastically reduced;

(e) congestion in prisons is reduced to the barest minimum;

(f) persons awaiting trial are, as far as possible, not detained in prison custody;

(g) the relationship between the organs charged with responsibility for all aspects of the administration of justice is cordial and there exists maximum co- operation amongst the organs for effectiveness of the system of administration of justice in Nigeria.

4. Establishment of State Committees

There is hereby established in each State of the Federation a body to be known as the Administration of Justice Committee (in this Act referred to as “the Committee”).

5. Composition of the Committee

(1) The Committee shall consist of the Chief Judge of the State as chairman and the following other members, that is-

(a) the Attorney-General of the State;

(b) the Commissioner of Police of the State;

(c) the Chairman of the State branch of the Nigerian Bar Association; and

(d) the State Comptroller of Prison.

(2) The quorum of the Committee shall be three and subject thereto, the Committee shall regulate its own procedure.

6. Functions of the Committee

The Committee shall be charged with the general supervision of all aspects of the administration of justice in the State and the effective performance of the functions of all organs charged with responsibility for the administration of justice in the State.

7. Fund of the Commission

(1) The Commission shall establish and maintain a fund consisting of such moneys as may in each year be appropriated by the Federal Government for the purpose of the Commission.

(2) The Commission shall defray from the fund established pursuant to subsection (1) of this section for the purposes of the functions of the Commission and the State Committees established by this Act, all moneys payable under or in pursuance of this Act.

(3) The Chairman of the Commission shall be the accounting officer for the purpose of controlling and disbursing moneys from the fund established pursuant to this section.

8. Accounts and audit

(1) The Chairman of the Commission shall before 30th September in each year cause to be prepared an estimate of the expenditure and income of the Commission during the next succeeding year and when approved by the Commission, the estimate shall be forwarded for approval by the Federal Government.

(2) The Commission shall keep proper accounts and proper records in relation thereto, under the direction and control of the Chairman.

(3) The accounts of the Commission shall be audited annually by an auditor appointed by the Commission from the list and in accordance with guidelines supplied by the Auditor-General for the Federation.

9. Annual reports

The Committee shall prepare and submit to the President not later than the 31st day of December in each year, a report on the activities of the Commission during the immediately preceding year, and shall include in that report a copy of the audited accounts of the Committee for that year and the auditor’s report thereon.

10. Interpretation

In this Act, unless the context otherwise requires-

“Commission” means the Administration of Justice Commission established by section 1 of this Act;

“Committee” means the Administration of Justice Committee established for each State of the Federation by section 4 of this Act;

“Functions” includes powers and duties.

11. Short title

This Act may be cited as the Administration or Justice Commission Act.

SCHEDULE

[Section 2 (2).)

1. The Commission may make standing orders regulating the proceedings of the Commission, State Committees or of any committee of the Commission.

2. The quorum of the Commission shall be three and the quorum of any committee of the Commission shall be determined by the Commission

3. If at any time while the office of the Chairman is vacant or the Chairman is in the opinion of the Commission temporarily or permanently unable to perform the functions of his office, the Attorney-General of the Federation shall perform the functions of the Chairman under this Act and references in this Schedule to the chairman shall be construed accordingly.

4. (1) Subject to the provisions of any applicable standing orders, the Commission shall meet whenever summoned by the Chairman; and if the Chairman is required so to do by notice given to him by not less than three other members, he shall summon a meeting of the Commission to be held within twenty-one days from the date on which the notice is given.

(2) At any meeting of the Commission, the Chairman or, in his absence, the Attorney-General of the Federation, shall preside at that meeting.

(3) Where the Commission wishes to obtain the advice of any person on a particular matter, the Commission may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Commission and shall not count towards a quorum.

5. (1) The Commission may appoint one or more committees to carry out, on behalf of the Commission, such of its functions as the Commission may determine.

(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Commission and not more than one-third of those persons may be persons who are not members of the Commission and a person, other than a member of the Commission, shall hold office in the committee in accordance with the terms of the letter by which he is appointed.

(3) A decision of a committee of the Commission shall be of no effect until it is confirmed by the Commission.

6. The fixing of the seal of the Commission shall be authenticated by the signature of the Chairman or of some other member authorised generally or specially by the Commission to act for that purpose by the Commission.

See also:

– Acts Authentication Act, 1962

Credit: Policy and Legal Advocacy Centre (PLAC)

Acts Authentication Act, 1962 (NG)

Acts Authentication Act

An Act to make provision for the authentication and recording of Acts of National Assembly.

[Commencement.] [1st January, 1962]

1. Short title, etc.

(1) This Act may be cited as the Acts Authentication Act.

(2) This Act shall apply to all laws passed as Acts by the National Assembly after the coming into operation of this Act.

2. Authentication of Bills for assent

(1) The Clerk of the National Assembly shall forthwith after enactment, prepare a copy of each Bill as passed by both Houses of the National Assembly embodying all amendments agreed to, and shall endorse on the Bill and sign a certificate that the copy has been prepared as prescribed by this section and is a true copy of that Bill.

(2) The Clerk of the National Assembly shall, as from time to time directed by the President of the Senate, prepare a Schedule of Bills passed at any time during a session and intended to be presented for assent, and shall certify on the Schedule that it is a true and correct record.

(3) The Schedule shall set forth the long title of a Bill and a summary of its contents and the respective dates on which each Bill passed by each House of the National Assembly; and subject to the provisions of this section, when signed by the Clerk of the National Assembly, the certificate shall be conclusive for all purposes, and if a Bill in the Schedule is one to which section 58 (5) or 59 (4) of the Constitution of the Federal Republic of Nigeria 1999 applies, the Schedule shall, in addition, be endorsed with the prescribed certificate of the President of the Senate in respect of that Bill.

[Cap. C23. L.N. 139 of 1965.]

(4) Nothing in this section shall abrogate any special requirements prescribed for the entrenched sections of the Constitution of the Federal Republic of Nigeria 1999, and any other certificate shall be endorsed and signed by the Clerk of the National Assembly as directed by the President of the Senate, on the Bill before the preparation of the Schedule.

3. Presentations of Bills for assent

(1) The Schedule and copies of the Bills shall be presented to the President in duplicate, and if the President is satisfied, he shall cause the Schedule to be passed under the public seal of the Federation after affixing his signature to the Schedule; and unless otherwise prescribed, an Act shall come into operation on the date when the Schedule was
assented to by the President.

[L.N. 139 of 1965.]

(2) A duplicate of the Schedule when passed and signed shall be returned to the Clerk of the National Assembly who shall cause a copy to be published in the Federal Gazette; and the production of a copy of the Federal Gazette containing the Schedule as published shall be conclusive evidence for all purposes.

4. Classification and numbering of Acts

(1) The Clerk of the National Assembly shall in each year distinguish between Acts having application throughout the Federation and Acts having application only within the Federal Territory by assigning to them numbers consecutive in each series beginning in each year with the number one, and shall insert the date of commencement or, if the date of commencement is deferred, a reference to the section.

(2) The numbers shall be assigned by the Clerk of the National Assembly forthwith upon the return to him of the duplicate Schedule as approved, and where necessary in any year the numbers already assigned in printed copies of Acts may be altered under the authority of this subsection on certificate by the Clerk of the National Assembly, and if altered, a notice thereof shall be published in the Federal Gazette.

5. Printing of Acts

(1) Every Act when numbered shall immediately be set up in fair and legible type by the Government Printer and have endorsed on the back that it is published by authority; and an impression in triplicate from the type set up shall be struck off by the Government Printer on vellum or on paper of an enduring quality.

(2) The Clerk of the National Assembly shall retain one copy for his records and deliver one copy to the President and the other copy to the Chief Justice of Nigeria to be enrolled in the Supreme Court.

(3) All other copies of the Act shall in the first instance be impressions from the same form.

6. Evidence of Acts

Every Act which purports to be published by authority and bears a number and reference to a year and a date of commencement or reference to a section shall be received in all courts and by all persons as sufficient evidence that it has been assented to in the President’s name.