The Complete 2004 Laws of Nigeria

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PORTS (RELATED OFFENCES, ETC.) ACT

ARRANGEMENT OF SECTIONS

SECTION

I.  General prohibition.

  1. Extension of Magistrate Court Jurisdiction tor the trial of offences created under this Act.
  2. Summary trial.
  3. Penalties.
  4. Sittings.
  5. Power of Minister to give directives.
  6. Interpretation.
  7. Short title.

SCHEDULE

An Act to create offences related to unauthorised entry and carrying on of illegal
transactions within any of the ports and to extend jurisdiction of the Chief Magis-
trate Courts to the trial of the offences created by the Act.

[1996 No. 12.2003 No. 13.]

[ 19th April, 1996]

[Cornrnencement.]

1.    Ceneral prohibition

(1) Notwithstanding anything to the contrary contained in any law or enactment, includ-
ing the Customs and Excise Management Act, the Nigerian Ports Authority Act and the Fed-
eral Airports Authority of Nigeria Act, it shall be unlawful for any person, not being a duly
authorised officer or agent of any of the following, namely-

[Cap. C45. Cap. N 126. Cap. F5.]

       (a)       the Nigerian Customs Service;

       (b)       the Nigerian Ports Authority;

      (c)        the Federal Airports Authority of Nigeria;

       (d)       the Nigerian Immigration Service;

      (e)        the Port Police; and

      (f)        the inspection agents, 

      (g)        an approved designated staff of the National Agency for Food and Drug Admini-
stration and Control,         

[2003 No. 13.]

to do any of the acts or things mentioned in subsection (4) of this section.

(2) Without prejudice to the provisions of subsection (1) of this section, the Nigerian
Customs Service may, if it considers it appropriate, by written notification, require the pres-
ence of any other relevant agency ofthe Federal Government in the course of the administra-
tion of the customs and excise laws with respect to the importation or exportation of goods in
any port.

(3) Notwithstanding the provisions of subsection (2) of this section and unless otherwise
requested by written notification by the Nigerian Customs Service, it shall be unlawful for
any person, not being a duly authorised officer or agent ofthe Nigerian Customs Service, the
appointed inspection agents or any other person as may be authorised under any law or in-
strument to that effect, to be concerned with or be involved with the actual process of exami-
nation and clearance of goods in any port.

(4) Save for the persons mentioned in this section or a genuine passenger, or a traveller
or a bona fide owner of goods, or an approved clearing agent or such other persons as may be
authorised by the Minister, it shall be an offence under this Act for any person without lawful
authority or excuse, proof ofwhich shall be on the person charged, to do any of the follow-
ing, this is-

             (a)        trespass or be found loitering within the vicinity or premises of any of the ports
listed in the Schedule to this Act;

[Schedule.]

                (b)        enter into and remain in the premises of any port for the purpose of perpetrating or
  furthering any nuisance thereon;

             (c)        obstruct, interfere or hinder any authorised person in the performance of his lawful duty under the customs and excise laws; or

             (d)        hold himself out under any guise or cover as having been authorised to enforce
any aspect of the customs and excise laws.

(5) It shall be an offence for any person to conduct any illegal or unauthorised business
within the premises of any port.

(6) Any person who contravenes any of the provisions of subsection (4) of this section
shall be arrested with or without a warrant by any of the law enforcement officers referred to
in subsection (1) ofthis section or any other person authorised in that behalf and shall imme-
diately be brought before the Court referred to under section 2 of this Act.

2. Extension of Magistrates Court Jurisdiction for the trial of offences created under
this Act

(1) It is hereby declared that any of the States ofthe Federation in which the ports speci-
fied in the Schedule to this Act are situate shall have power to cause-

       (a)        the extension of the jurisdiction of the Chief Magistrates Courts (in this Act re-
ferred to as "the Court") existing in that State to the trial of offences created by
this Act;

 (2) The Governor of the State concerned may, on the recommendation of the Chief Judge
of the State, by notice in writing appoint the Chief Magistrates as may be necessary for the
purpose of carrying out the intention of this Act.

(3) The rules of procedure applicable in the Magistrates Courts in that State in which the
ports exist shall apply to all matters under this Act.

(4) Where no rules of procedure exist in dealing with a particular situation or no ade-
quate provisions are contained in the rules, the Court shall adopt such procedure, as it may
deem fit under the circumstances.

  1. Summary trial

Any person who commits an offence under this Act shall be brought before the Court and
the Court shall have power to summarily dispose of the matter and impose such penalties as
provided under this Act.

4. Penalties

Notwithstanding anything contained in any of the applicable Courts' rules of procedure,
any person who contravenes any of the provisions of subsection (4) of section 1 of this Act
is guilty of an offence and liable on conviction-

       (a)              to a fine of  N10,000 or imprisonment for a term of six months or to both such fine
and imprisonment;

                                 (b) on second or subsequent conviction, to imprisonment for a term of twelve months;

       (c)               to a fine of N  1,000 for each day or part of a day for which the offence referred to
in subsection (4) (b) of section 1 of this Act continues.

  1. Sittings

(1) Subject to the provisions of the applicable Courts' rules of procedure, the Court shall
be opened throughout the year except on Sundays and public holidays for the transaction of
any pending matter over which it has jurisdiction.

(2) Provisions shall be made for the hearing of any matter brought before the Court to
be expeditiously and immediately dealt with.

  1. Power of Minister to give directives

The Minister shall give such directives as may be necessary for the purpose of carrying
out the intendment of this Act.

  1. Interpretation

In this Act, unless the context otherwise requires-

"Minister" means the Minister charged with responsibilities for matters relating to trans-
port or the Minister charged with responsibility for aviation as the case may be;

"passenger or traveller" includes the crew, staff and officers of ships, aircraft, etc.;

"ports" includes any sea port, airport, inland port, container terminal, customs formation

as listed in the Schedule to this act;

"premises" includes the premises comprising the ports and such other locations within
the vicinity of the ports as shall be designated by the appropriate authority of the Federal
Government as areas comprising the ports;

"such other persons as may be authorised" includes persons licenced to transact busi-
ness at duty free shops and such other similar location provided within the vicinity of the
ports referred to in the Schedule to this Act.

  1. Short title

This Act may be cited as the Ports (Related Offences, etc.) Act.

SCHEDULE
[Section 1 (4) (a).]

 

State

 

Names and location of Ports

Classification of Ports

(i)

Borno

 

Maiduguri International Airport

Airport

(ii)

Cross River

(a)

Calabar International Airport

Airport

 

 

(b)

Calabar

 sSeaport

(iii)

Delta

(a)

Warri

 Seaport

 

 

(b)

Sapele

 Seaport

 

 

(c)

Koko

 Seaport

(iv)

Lagos

(a)

Apapa Lagos

Seaport

 

 

(b)

Tin Can Island, Lagos

   Seaport

 

 

(c)

International Airport, Ikeja, Lagos

  Airport

 

 

(d)

Lilypond, Ijora, Lagos

Container Terminal

 

 

(e)

Idiroko

Customs Formation

 

 

(f)

Seme Border

Customs Formation

(v)

Federal Capital

 

Abuja International Airport

Airport

 

Territory, Abuja

 

 

 

(vi)

Kaduna

 

Kaduna Inland Port

Container Terminal

(vii)

Kano

(a)

Kano Inland Port

Container Terminal

 

 

(b)

Kano International Airport

Airport

 

SCHEDULE-(continued)

 

 

Stale

 

Names and location of Ports

Classification of Ports

(viii)

Port Harcourt

(a)

Port Harcourt

Seaport

 

 

(b)

Onne

Seaport

 

 

(c)

Port Harcourt International Airport

Airport

(ix)

Sokoto

 

Sokoto International Airport

Airport

 

SUBSIDIARY LEGISLATION 

                                                         No Subsidiary Legislation