[SB. 0] Armed Forces Act (Supplementary Provisions) 00 No. C 0 A BILL FOR An Act to Make Supplementary Provisions to the Armed Forces Act Cap. A0 Laws of the Federation 00, to Provide Statutory Powers for the Nigerian Navy to Control and Deal with Illegal Bunkering in the Nigerian Waters and for Other Related Offences Sponsored by Senator Bode Olajumoke (Ondo North) 0 [ ] Be it Enacted by the National Assembly of the Federal Republic of Nigeria as follows:. (I) The Board referred to under this Act, is the Board of the Nigerian Navy established by the Armed Forces Act Cap. A0, Laws of the Federation Section,00. () The constitution, proceedings of that Board are provided for under sections () and () of the Act. () The Board shall direct the Chief of the Naval Staff to execute its mandate under the provisions of this Act.. Without prejudice to the functions of the Nigerian Navy provided for in section () of the Armed Forces Act, the Navy shall further be charged with the responsibilities of () organizing effective policing of all Nigerian waters to ward off the activities of illegal bunkerers, seizure of vessels and barges with its contents involved in illegal bunkering and other related offences; () liaising with the Department of Petroleum Resources or any other relevant agency of government to ascertain quantity, content and value contained in the barge, vessel, ship, motor tanker or vehicle and the mode of disposal. () determining the disposal of forfeited barges, vessel and its contents in consultation with the relevant agencies of government and or licensed auctioneer; Commencement. Establishment and Proceedings of the Board. Powers and Duties of the Board.
C 0 00 No. Armed Forces Act (Supplementary Provisions) Grounds for litigation. Power of prosecution. Punishment for illegal bunkering. Obstruction of Naval Personnel on duty. Obstruction of Naval Personnel on duty. Power to search vessels, 0 0 0 () preventing illegal bunkering and other forms of illegalities in the conveyance or transportation of petroleum products; () preventing the pollution of Nigerian waters by the indiscriminate disposal of industrial waste; control of marine research, drug control, search and rescue, including proliferation of small arms and light weapons.. In any proceedings whether civil or criminal, under this Act, any act, matter or thing done by or with the authority of the Chief of the Naval Staff in pursuance of the provisions of this Act, shall not be subject to challenge on the grounds that such matter or thing was not proved to be in accordance with any direction, order or instruction given by the Chief of the Naval Staff.. For the purpose of carrying out or enforcing the provision of this Act, Naval personnel shall have the powers, authorities and privileges as are given by law to police officers including the power to arrest and prosecute suspects/offenders.. From the commencement of this Act any person involved in illegal bunkering of petroleum products shall be guilty of an offence and liable on conviction to a maximum of 0 years imprisonment without option of fine.. If, for the purpose of obtaining admission to any building or other place or to any barge, ship, vehicle, aircraft or doing or procuring to be done of his own authority, or for any other unlawful purpose, any person, not being a naval personnel, assumes the name, designation or character of such personnel, he shall, in addition to any other punishment to which he may have rendered himself liable, be liable on conviction to seven years without option of fine.. Subject to the provisions of this Act any person who (a) obstructs, hinders, molests or assaults any Naval personnel duly engaged in the performance of his lawful duty or the exercise of any power or conferred or delegated on him or any person acting in his aid; or (b) does anything which impedes or intended to impede the carrying out of any search of a vessel, Barge or motor tanker or motor vehicle including other modes of transportation suspected to be involved in illegal
Armed Forces Act (Supplementary Provisions) 00 No. C 0 0 0 0 bunkering, or any form of illegalities of the export of petroleum products, the detention, seizure or removal of such vessel or barge; or (c) rescues, damages or destroys any thing so liable to forfeiture or does anything intended to prevent the procuring or giving of evidence as to whether or not any vessel or barge is involved in illegal bunkering or any form of illegalities in the export of petroleum products; or (d) prevents the arrest of any suspect by a person duly engaged or acting as aforementioned or rescues any suspect so arrested, shall be liable on conviction to 0 years imprisonment without option of fine.. (I) Without prejudice to any other power conferred by this Act, where there are reasonable grounds to suspect that any vessel, barge or ship is or may be involved in illegal bunkering or in any form of illegalities in the export of petroleum products, any naval personnel may intercept, stop and search that vessel, barge or ship. () If when so required by any such naval personnel, the person incharge of the suspected vessel, barge or ship refuses to stop or permit the vessel, barge or ship to be searched, such vessel, barge, ship shall be subject to forced arrest and liable on conviction to 0 years imprisonment without option of fine. () Without prejudice to any other provision of this Act Naval personnel (a) may board and search a coasting ship at anytime during her voyage within Nigerian waters; (b) may at anytime require the master or a coasting ship to produce or bring to him for examination any document which should properly be on board such ship; (c) may at anytime ask the master questions concerning the ship, and its content and her voyage as he may think fit. () No naval personnel shall be liable to any prosecution or action at law on account of any stoppage or search in accordance to the provision of this section. barges, and ships etc Power to patrol and enforce arrest. Penalty for interference with Naval ship
C 0 00 No. Penalty for sabotage. Penalty for stealing seized products. Liability of principals. 0 0 0 Armed Forces Act (Supplementary Provisions). () The person in charge of any ship, unit, establishment charged with the enforcement of the provisions of this Act (a) may take such ship to any place in Nigeria; and (b) keep any such ship at any place in Nigeria for such a time as he shall deem necessary, and such naval personnel shall not be liable to any prosecution or action for so doing, provided that such person shall not contravene the sai ling orders issued by his appropriate superior authority () Any naval personnel engaged in the enforcement of the provisions of this Act may for that purpose patrol upon and pass freely over and enter any place in Nigerian waters and such officer shall not be liable to any prosecution at law for so doing. 0. () Any person who interferes in any way with any ship, or boat, anchor, chain, rope which is being used for the purpose of enforcing the provisions of this Act shall be liable on conviction to two years without option of fine. () Any person who fires upon any ship or boat, vehicle which is being used for the purpose of enforcing the provisions of this Act by naval personnel while otherwise engaged in the execution of his duty shall on conviction be sentenced to life imprisonment... () Any person who by any means makes any signal through any other means or transmits any message from any part of Nigeria or from any ship, vessels, aircraft for the information of a person in any ship, vessel across the frontier, being a signal or message connected with the provisions of this Act, whether or not the person for whom the signal or message is intended is in a position to receive it or is engaged at the time in illegal bunkering and unlawful importation of petroleum products, shall be liable on conviction to three years imprisonment without option of fine. () If any person whatsoever has reasonable grounds for suspecting that any such signal or message as aforesaid is being or is about to be made or transmitted from any ship, vessel, house or place, he may board or enter that ship, vessel, aircraft, house or place and take such step as are necessary Exemption
0 0 0 Armed Forces Act (Supplementary Provisions) 00 No. C 0 to stop or prevent the sending of the signal or message without being liable to any prosecution or action at law for so doing.. Any Naval officer and or Rating who steals, or remove, colludes in the Act or tampers with any seized product or crude oil is guilty of an offence under Section of the Armed Forces Act and liable on conviction to fifteen years imprisonment without option of fine.. Any person who authorizes an agent to act for him in relation to illegal bunkering or any other form of illegalities in the exportation of petroleum products shall be liable for the acts and declarations of his agent and may accordingly be prosecuted for the offence so committed by his agents in the same manner as if he had himself committed the offence; Provided that: (i) in any prosecution for such offence, it shall be a good defense for such principal to prove that the offence was committed without his consent, connivance or willful default; and (ii) nothing contained in this section shall relieve the agents from liability to prosecution for any offence under this Act.. No compensation shall be payable by and no action shall lie against the Navy or any Naval personnel for any loss or damage caused to any vessel, barge or ship by any Naval personnel, acting in the execution of his duty under this Act, except where the loss or damage occurs as the direct result of an unlawful act.. () Any person who while concerned in the commission of any offence under this Act is armed with any offensive weapons shall be liable on conviction to imprisonment for 0 years without option of fine. () If any offender under subsection () of this section is armed with any fire arms and with such fire arms causes injury to a naval personnel, on conviction, he shall be sentenced to life imprisonment.. () Without prejudice to any other law, where (a) any ship, vessel, barge, motor tanker or vehicle is engaged in illegal bunkering with its contents whether crude oil, condensate, gasoline, gas of Navy from liability. Punishment where offenders are Armed or disguised. Forfeiture of ship, vessel, motor tanker and other items. Detention, seizures, forfeiture of vessels,
C 0 00 No. Armed Forces Act (Supplementary Provisions) Barges and ships. Prosecution of suspects involved in illegal bunkering. Institution of proceedings. Proceedings under this Act to have priority over others. Place of offence. Conduct of proceedings by Naval officers. 0 0 0 oil, DPK, ATK, lube oil, bare oil and additives shall be forfeited; and (b) any other item mixed, packed or found with the ship, vessel, barge, motor tanker or vehicle shall also be forfeited.. () Any Naval personnel authorized by the Navy may at anytime seize or detain any vessel, barge or ship which such Naval Personnel or other person has reasonable grounds to believe that such vessel, barge or ship is used for illegal bunkering. () Any vessel, barge or ship seized under this Act, shall forthwith be delivered into the care of the Nigerian Navy pending the determination as to its disposal and shall be disposed-of in such manner as the Navy may direct.. () From the commencement of this Act, the igerian Navy shall arrest, detain in its custody and prosecute suspects involved in illegal bunkering. () Subject to the provisions of subsection ( ) of this section suspects include the owner or charterer and all officers and crew of any arrested vessel.. () No proceeding shall be instituted against the Nigerian Navy, or any of its units or establishments within 0 years of the date of the commission of the offence after trial and conviction. () Nothing in sub-section of this section shall prevent the institution of proceedings for an offence under this Act by or in the name of the Attorney - General of the Federation in accordance with the provisions of the Constitution of the Federal Republic of Nigeria in any case in which he thinks it proper that proceedings should be so instituted, or the discontinuation of proceedings so instituted. 0. Civil or criminal proceedings in a court by the Navy under this Act (including Appeals arising there from) shall notwithstanding anything to the contrary in any other law, take precedence over all other matters or proceedings instituted or pending before that court.. () Every offence committed under this Act, may be inquired into or tried (a) in any court having jurisdiction in the place where the person charged
Armed Forces Act (Supplementary Provisions) 00 No. C 0 0 0 0 with the offence resides or is found; or (b) in any court having jurisdiction in that part of Nigeria where the offence was committed, and every such court shall be deemed to have jurisdiction to try the offence accordingly. () Where an offence under this Act is committed at some place outside the area covered by the jurisdiction of any court in Nigeria, the offence shall, for the purpose of conferring jurisdiction, be deemed to have been committed at any place in Nigeria where the offender is found or to which he is first brought after the commission of the offence. () The jurisdiction conferred under subsection () of this section shall be in addition to and not in derogation of any jurisdiction or power conferred under any other enactment.. Subject to the provisions of section of the Constitution of the Federal Republic of Nigeria (which relates to the powers of the Attorney- General of the Federation to institute, continue or discontinue criminal proceedings against any person in any court of law), any officer of the Nigerian Navy may, with the consent of the Chief of Naval Staff conduct criminal or other proceedings in respect to matters relating to illegal bunkering and other forms of illegalities in the export of petroleum products.. In this Act unless the context otherwise requires illegal bunkering includes the unauthorized possession, diversion, false declaration, transfer transshipment, sale and transportation of petroleum products within and outside the Federal Republic of Nigeria; Government Ship means any naval vessel, unit or establishment under the legal authority of the Chief Naval Staff; Naval personnel includes officers and ratings of Nigerian Navy; petroleum products includes but not limited to crude oil, condensate, gasoline, gas oil, DPK, ATK, PMS, lube oil, bare oil, and other additives or other related products; Minister means mini:ter in charge of the Federal Ministry of Defence; Nigerian waters includes internal waters, territorial sea, and its Interpretation. Citation.
C 0 00 No. Armed Forces Act (Supplementary Provisions) approaches, territorial waters, contiguous zone, continental shelve and exclusive economic zone; Chief of the Naval Staff is the general superintendent of the Nigerian Navy. As the Commander of the Naval force he is in charge of the Command and Control, Administration as well as the entire Operations of the Nigerian Navy; Person includes but not limited to all Nigerians (Nigerians and non- Nigerians), members of the Armed Forces of Nigeria, the Police and all the Para-Military Personnel and members of the Foreign Military services..this Act may be cited as the Armed Forces Act (Supplementary Provisions) Bill, 00. Explanatory Memorandum This Bill seeks to make supplementary provisions to the Armed Forces Act, Cap. A0 of the Laws of the Federation, 00, to provide powers for the