an act to provide for the establishment of the nigerian coast guard, sb.107

8/8/2019 An Act to Provide for the Establishment of the Nigerian Coast Guard, SB.107

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AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE NIGERIAN COAST

GUARD, WHICH SHALL BE CHARGED WITH THE RESPONSIBILITY AMONGOTHER THINGS TO ENFORCE OR ASSIST IN THE ENFORCEMENT OF ALL

APPLICABLE FEDERAL LAWS ON, UNDER AND OVER THE HIGH SEA AND

WATER SUBJECT TO THE JURISDICTION OF THE FEDERAL REPUBLIC OF

NIGERIA; AND SHALL MAINTAIN A STATE OF READINESS TO FUNCTION

AS A SPECIALISED SERVICE IN THE NAVY IN TIME OF WAR; FOR RELATED

PURPOSES.

Establishment of the Coast Guard.

1.- (1)There is established the Nigerian coast Guard(in this Act referred to as "the

coast Guard")Which shall be maintained and administered as set out in this Act

(2)The Coast Guard shall consist of such-

(a) establishment and number of equipment;

(b) officer and non-officer; and(c) ratings,

as the president may, in consultation with the Assembly determine.

(3) It is hereby declared that the authority created by this Act to establish and

maintain a coast Guard force Establish and maintain all include authority to raise and

maintain units of including women as the president may by order specify from time

to time.

(4)The Coast Guard shall not form part of the public service of the Federation.

Functions of the Coast Guard.

Functions of the Coast Guard

2.-(1)The Coast Guard shall perform the following-

(a)protection of the national interest in the maritime zone of the federal republic of

Nigeria;

(b)enforce laws; promulgate and administer rules and regulation for the prevention

of maritime pollution. oil pipeline vandalisation and other related act within the


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territorial waters of the Federal of Nigeria;

(c)render aid to distressed persons or vessels on the high seas and on water subjectto the jurisdiction of the Federal Republic of Nigeria, and in this connection the

Nigerian Coast Guard may perform any and all acts necessary to rescue and aid

persons; furnish clothing, food, lodging, medicine, and other necessary supplies and

services to persons succored; protect, save and take charge of all properties saved

from maritime disaster until such property is delivered to persons authorized to

receive it or is otherwise disposed of in accordance with the law or applicable

regulation; and collect and take charge of bodies of those who may perish in such

disaster;

(d)insurance of the security of persons working in the maritime zones of the Federal

Republic of Nigeria;

(e)enforcement of any warrants or any other order of any court or other authority in

respect of any slip which has entered the territorial waters of Nigerian or of any

person on board such slip;

(f)prevention of illegal fishing, illegal gathering of marine products, smuggling, other

customs, fraud and violation of other maritime laws that may be committed withinthe waters of the Federal Republic of Nigeria;

(g)prevention of illegal entry or leaving of Nigeria through the maritime zone of the

Federal Republic of Nigeria;

(h)rendering assistance to the navy in times of war;

(i)participation in rescue and salvage operation in times of natural catastrophes,

dissemination of information, including warning by radio or any other means in times

of natural catastrophes;

(j)patrolling and policing the maritime zones of the Federal Republic of Nigeria in co-

operation with agents of the Nigerian customs service, the Nigerian immigration

service, the national agency for food, drugs administration and control, the National

Authority and such other department, bureau office in the enforcement of pertinent

laws, rules and regulations;

(k)prevention of the handing over and smuggling of drugs in the maritime zones of

the Federal Republic of Nigeria;

(l)assisting appropriate authorities for the insurance of the security of the sea port.;


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(m)suppression of destructive and terrorist activities occurring in the maritime zone

of the Federal Republic of Nigeria;(n)engaging in oceanographic research and surveys;

(o)any other function as directed by the president in consultation with the National

Assembly.

Establishment of the Coast Guard Reserve

3. There shall be established and maintained a Coast Guard reserve consisting of

such numbers of officers and ratings who are transferred to it on completion of their

period of service in the Coast Guard and of such others as may be prescribed.

PART II- ESTABLISHEMENT OF COAST GUARD BOARD

Establishment of Coast Guard Board

4.-(1) Subject to the provisions of subsection (2) of this section, there shall be

established a Board to be known as the Coast Guard Board (in this Act referred to as

the Board) that shall be responsible under the general authority of the Minister for

matters relating to, the Coast Guard. (2) Notwithstanding the provisions of thepreceding subsection, the Board shall have no responsibility for the operational use

of the Coast Guard and responsibility for any such use shall be vested in the

commander subject to the overall directions of the President in consultation with the

National Assembly- Provided that the Minister may give to the commander such

directions with respect to the operational use of the Coast Guard in Nigeria for the

purpose of maintaining and securing public safety and public order, notwithstanding

that the directions of the President in consultation with the National Assembly has

not been obtained, and the commander shall comply with those directions

accordingly.

Membership of the Coast Guard Board

5.-(1) The members of the Board shall be-

(a) the Minister of Defence who shall be the Chairman of the Board;

(b) the Commander of the Coast Guard;

(c) a representative of the Ministry of Transport not below the rank of a Director;


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(d) a representative of the Ministry of Internal Affairs, same as the preceding

paragraph.(2) The Permanent Secretary of the Ministry of Defence shall be the Secretary to the

Board. (3) The Board may, whenever it deems it necessary co-opt any officer or any

public officer or any person as a member of the Board for the purpose of any

particular meeting of the board; but such officer or public officer or any person shall

have no vote and his membership shall cease at the end of that particular meeting.

Powers of the Board

6. The Board may provide for all or any of the following matters-

(a) the organization of the work of the Board and the manner in which it shall

perform its functions and the duties and responsibilities of the members thereof;

(b) the delegation by notification in the Federal Gazette to any member of the Board

of any of the powers or duties of the Board;

(c) the consultation by the Board with persons other than members thereof; and

(d) the procedure to be followed by the Board in conducting its business.

PART III- ADMINISTRATION AND GOVERNMENT

Command

Command of the Coast Guard

7.-(1) The President on the advice of the Minister and subject to confirmation

by the National Assembly, appoint such officer (in this Act referred to as the

commander) as he thinks fit, in whom the command of the Coast Guard and

the Coast Guard reserve shall be vested and, subject to the terms of his

appointment and to such directions in relation to the operational use as may

be given under Subsection (2) of Section 4 of this Act, the commander shall

have the command, direction and general superintendence of the Coast

Guard and the Coast Guard reserve. (2) Before tendering advice, the Minister

shall consult with the Board, but the question as to whether any consultation

was held or what happened in the course of a consultation, can be enquired

into the National Assembly.

Powers of command of cooperating Army, Navy and Air Force Units. Decree


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105 1993

8. The powers of command shall depend on rank, a member of any army,

navy or air force unit who is acting together with any Coast Guard unit

(either with or without his unit or any part of it) shall have the like powers as

a member of the Coast Guard of corresponding rank; and for the purposes of

Section 54 and 121 of the Armed Forces Decree 105 of 1993 any such

member of any Army, Navy or Air Force unit shall be treated as if he were a

member of the Coast Guard of corresponding rank.

Attachment of members of the Coast Guard to the Navy

9.-(1) Any member of the Coast Guard may be attached temporarily to the

navy in time of war by order of the President in consultation with the

National Assembly. (2) Regulations made by the appropriate service

authorities may prescribe circumstances in which officers and men of the

Coast Guard shall be deemed to be attached to the navy, under the last

foregoing subsection. (3) In this section, the expression appropriate service

authorities means in relation to attachment to the navy, the Navy Board. (4)

A person shall not cease to be subject to Coast Guard law under this act by

reason only of attachment in pursuance of this section.

Attachment of personnel and powers of command.

10.-(1) The Minister may by order direct that this section shall apply to any

naval or Coast Guard of a country (other than Nigeria) and where the

Minister so directs the application of this section, the Board-

(a) may attach temporarily to the Coast Guard any member of the foreigncountry to which the other force belongs; or

(b) subject to anything to the contrary in the conditions applicable to his

service, may place any member of the Coast Guard at the disposal of the

service authorities of a foreign country for the purpose of being attached

temporarily to those authorities to the foreign force of that country.

(2) Where a member of a foreign force is by virtue of this section attached

temporarily to the Coast Guard as an officer or rating as the case may be he

shall, for the period of attachment, be subject to this Act to the extent to


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which its application to him is not modified by any order which the Minister

may make under this subsection, in like manner as if he were a member of

the Coast Guard of relative rank; and accordingly he shall be so treated and

have like powers of command and punishment over members of the Coast

Guard. (3) When the Coast Guard and a foreign force to which this section

applies are serving together whether alone or not-

(a) any member of the foreign force shall be treated and shall have over

members of the Coast Guard the like powers of command as if he were a

member of the Coast Guard of relative rank; and

(b) if the forces are acting in combination, any officer of the foreign force

appointed by the Board or in accordance with regulations made by the

Board, to command the combined force, or any part thereof, shall have over

members of the Coast Guard the like powers of command and punishment

and may be invested with the like authority to convene, and confirm the

findings and sentences of, courts martial as if he were an officer of the Coast

Guard of relative rank and holding the same command.

(4) For the purpose of this section, forces shall be deemed to be serving

together or acting in combination if and only if they are by the order of the

Board declared to be serving or so acting; and the relative rank of members

of the Coast Guard and of the foreign force shall be such as may be

prescribed by regulations made by the Board.

Regulations to command

11.The President may make regulations as to the person in whom command

over the establishments and units or any member thereof is vested and as tocircumstances in which such command as aforesaid is to be exercised and

without prejudice to the generality of the foregoing, may in such regulation

provide for the duties, functions and powers of the command, its Coast

Guard staff and officers, non-commissioned officers and ratings.

Officers

Appointment of officers

12.-(1) No person shall be appointed to a commission in the Coast Guard

unless he has been recommended by a Board of officers set up by the Board.


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(2) A person recommended for appointment to a commission in the Coast

Guard shall be appointed to a commission either for an indefinite or for a

specified time. (3) Every officer on appointment shall be issued with a

commission in the form prescribed by regulations made under section of this

Act and signed by the President. (4) The appointment of a person to a

commission in the Coast Guard shall be notified in the Federal Gazette.

Promotion of officers, etc.

13. All promotions of officers and any retirement or resignation of an officer

shall be notified in the Federal Gazette.

Recall of officers who have retired, etc.

14. An officer who has retired or was permitted to resign may be recalled in

an emergency in accordance with regulations made under this Act, and on

such recall, shall be liable to serve until he is released or discharged.

Regulations as to officers.

15. The President may, in consultation with the National Assembly make

regulations governing the commissioning of officers, their terms of service,

promotion, retirement, resignation, dismissal and such other matters

concerning officers of the Coast Guard as may seem to him necessary.

Enlistment and Terms and Conditions of service

16. Any person authorized in that behalf by regulations made under this Part

of this Act may enlist recruits in the Coast Guard.17.-(1) A person offering to enlist in the Coast Guard shall be given a notice

in the prescribed form setting out questions to be answered on attestation

and stating the general conditions and engagement to be entered into by

him, and a recruiting officer shall not enlist any person in the Coast Guard

unless satisfied by that person that he has given such a notice, understands

it and wishes to be enlisted. (2) A recruiting officer shall not enlist a person

under the apparent age of eighteen years unless consent to the enlistment

has been given in writing by his parents or guardian or, where the parents or


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guardian are dead or unknown, by some person approved by the Chairman

of the Local Government of the state or the Administrative Area of the

Federal Capital Territory, Abuja, as the case may be, in which such person

applying for enlistment resides.

Terms of enlistment

18.-(1) The term of which a person enlisting in the Coast Guard may be

enlisted shall be such a term, beginning with the date of his attestation, as is

mentioned in the following provisions of this section. (2) Where the person

enlisting has apparently attained the age of eighteen years the term of

enlistment shall, as may be prescribed, not exceeding twelve years and be

classed-

(a) as a term of regular service; or

(b) as to a prescribed part, a term of regular service, and as to the

remainder a term of service in the Coast Guard reserve.

(3) Where the person enlisting has not apparently attained the age of

eighteen years the term shall be a term ending with the expiration of such

period not exceeding twelve years as may be prescribed beginning with the

date on which he attained such age, and be classed-

(a) as a term of regular service; or

(b) as to a prescribed part, a term of regular service, and as to the

remainder a term of service in the Coast Guard reserve.

Re-engagement and continuance in service

19.-(1) Any rating before or after completing the term of his regular servicemay with the approval of the competent Coast Guard authority re-engage for

such further period or periods of regular service and service in the reserve as

may be prescribed:

Provided that-

(a) at the expiration of twelve years of continuous regular service from the

date of his original attestation or the date of when he apparently attained

the age of eighteen years, which ever is the later, all reserve service due by

him shall be deemed to have been completed; and


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(b) such further period or periods of regular service, together with the

original period of regular service, shall not, except as provided by

Subsections (2) and (3) of this section exceed a total continuous period of

eighteen years of regular service from the date of the ratings original

attestation or the date upon which he apparently attained the age of

eighteen years, whichever is the later.

(2) Any rating who has completed eighteen years of regular service may, if

he so desires and with the approval of the competent Coast Guard authority,

continue to serve to complete twenty two years of regular service in all

respect as if his term of regular service was still unexpired:

Provided that-

(a) it shall be lawful for him to claim his discharge at the expiration of three

months after he has given notice to his commanding officer of his wish to be

discharged; and

(b) it shall be lawful for his commanding officer to give him three months

notice of intention to discharge him.

(3) Any rating who has completed a period of twenty two years of regular

service may, if he so desires and with the approval of the competent Coast

Guard authority, continue to serve in all respect as if his term of regular

service was still unexpired.

Prolongation of service

20. A rating whose regular service expires during a state of war,

insurrection, hostilities or public emergency may be retained in the Coast

Guard and his service prolonged for such further period as the competentCoast Guard authority with the approval of the Minister, may direct.

Discharge and Transfer to the Reserve

Discharge

21.-(1) Unless otherwise prescribed by this Act, if a rating becomes entitled

to be discharged, he shall be discharged with all convenient speed; but until

discharged he shall remain subject to Coast Guard law under this Act. (2) If a

rating entitled to be discharged is serving out of Nigeria and his term of


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service is prolonged after this Act, he shall be returned to Nigeria free of cost

with all convenient speed, and be discharged on his arrival in Nigeria or, if

he consents to his discharge being delayed, within six months from his

arrival. (3) Except in pursuance of the sentence of a court martial under

service law, a rating shall not be discharged unless his discharge has been

authorized by order of the competent Coast Guard authority in accordance

with regulations made under this part of this Act. (4) Every rating shall be

given on his discharge a certificate of discharge containing such particulars

as may be prescribed:

Provided that a rating who is discharged within six months of the date of

attestation shall not be entitled to receive a certificate of discharge.

(5) A rating who is discharged in Nigeria shall be entitled to be conveyed free

of cost from the place where it was attested or to any place at which he

intends to reside and to which he can be conveyed with no greater cost.

Transfer to the reserve

22.-(1) Subject to the provisions of this Act, every rating whose term of

service requires his transfer to the Coast Guard reserve shall, when so due,

be transferred to that reserve; the but until he is transferred so, he shall

remain subject to this Act. (2) When a rating due for transfer to the Coast

Guard reserve is serving outside Nigeria he shall be returned to Nigeria free

of cost with all convenient speed and be transferred to such reserve on his

arrival in Nigeria; or if he consents to his transfer being delayed he shall be

so transferred not later than six months from his date of arrival in Nigeria.

(3) A rating who is transferred to the reserve in Nigeria shall be entitled tobe conveyed free of cost from the place where he is transferred to the place

stated in his attestation paper to be the place where he was attested or to

any place at which he intends to reside and to which he can be conveyed with

no greater cost. (4) Any rating due for transfer to the Coast Guard reserve

may, instead of being transferred, be discharged forthwith by a competent

Coast Guard authority without assigning any reason; and if a rating is so

discharged the provisions of Section 21 of this Act shall have effect instead of

the foregoing provisions of this section.


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Postponement of discharge or transfer pending proceedings for offences, etc.

23. Notwithstanding anything in this Part of this Act-

(a)A rating shall not be entitled to be discharged or transferred to the Coast

Guard reserve at a time when he has become liable, as a person. Subject to

service law, to be proceeded against for an offence against any of the

provisions of service law by way of trial by court martial; (b) a rating who is

serving a sentence of imprisonment or detention awarded by a court martial

under service law or his commanding officer shall not by entitled to be

discharged or transferred to the coast Guard reserve during the currency of

the sentence.

Right of non-commissioned officer to discharge on reduction to ordinary

rating

24. Unless there exist a state of war or public emergency or there is an

insurrection or hostilities have commenced, if any non-commissioned officer

is reduced to ordinary rating he may thereupon claim to be discharged.

Power to discharge

25. A rating may be discharged by any competent Coast Guard authority at

any time during his term of engagement.

Right of rating to purchase discharge

26. (1) subject to the provision of section 20 of this Act, a rating may claim

his discharge within six months after the date of his first attestation, and if acompetent Coast Guard authority approves, he shall, on payment of a sum

not more than N 3,000 as may be determined by such authority, be

discharged accordingly. (2) Nothing in section 21 of this Act shall apply to

any such discharge, and until his discharge the rating shall remain subject to

Coast Guard law under this Act.

Miscellaneous and Supplementary

Rules for reckoning service


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27 (1) in reckoning the service of any rating for discharge or re-engagement

or transfer to the Coast Guard reserve there shall be excluded therefrom- (a)

all periods during which he has been absent from duty for any of the

following causes-

(1) Imprisonment,

(2) Desertion

(3) Absence without leave exceeding 28 days; and

(b) Any period ordered by a court martial to be forfeited.

(2) Regulations under this part of this Act may make provisions for restoring

service excluded by the provisions of subsection (1) of this section

consideration of good service or on other grounds justifying restoration of

service so excluded.

Validity of attestation and enlistment

28 (1) where a person has upon attestation made the prescribed declaration

and thereafter receives pay as a rating- (a) the validity of his enlistment shall

not be called in question on grounds of any error or omission in his

attestation paper; (b) after the expiration of a period of three months from

the date on which he made the said declaration he shall be deemed to have

been validly enlisted not withstanding any non-compliance whit the

requirements of this Act or any other ground whatsoever(not being an error

or omission in his attestation paper);

And accordingly he shall be a rating until his discharge under this Act.

(2) Where a person has received pay as a rating without having previously

made the prescribed declaration for enlisting he may claim his discharge atany time; and if he makes such claim, the claim shall be submitted as soon

as may be to the competent Coast Guard authority who shall cause him to be

discharged with all convenient speed; and until he is discharged, he shall be

deemed to be rating. (3) Nothing in the foregoing provisions of this section

shall be construed as prejudicing the determination of any question as to the

term for which a person was enlisted or as preventing the discharge of a

person who has not claimed his discharge.


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Pensions provisions Cap 23


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Rank structure in the Coast Guard. Third and Forth Schedules to the Armed

Forces Decree, 1993.

33. For the purpose of this Act the corresponding rank structure of officers

and ratings in the Navy shall apply to officers and ratings in the Coast Guard

with the insignia NCG as set out in the Third and Fourth Schedule of the

Armed Forces Decree, 1993 which shall be applicable to this Act.

PART IV- FINANCIAL PROVISIONS

Funds of the Coast Guard

34. The Coast Guard shall establish and maintain a fund into which shall be paid and

credited-

(a) all subventions and budgetary allocation from the Federal Government; and

(b) all the sums accruing to the Coast Guard, from time to time.

Expenditure of the Coast Guard

35. The Coast Guard may, from time to time, apply the proceeds of the Fund

established in Section 34 of this Act-

(a) to the cost of the administration of the Coast Guard;

(b) to the payment of salaries, fees, or other remuneration or allowances, gratuities

payable to the officers, ratings and other employees of the Coast Guard, so that no

payment of any kind under this paragraph (except such as may be authorized) shall

be made to any person who is in receipt of emoluments from the Federal or State

Government;

(c) for the maintenance of any property vested in the Coast Guard; and

(d) for and in connection with all or any of its functions under this Act.

Annual estimates and accounts

36.-(1) The Coast Guard shall, not later than 31st October in each year, submit to

the Minister an estimate of its expenditure and income (including payments to the

Coast Guard Fund) during the next succeeding year. (2) The Coast Guard shall keep

proper accounts in relation to those accounts and shall cause its account to be


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audited within six months after the end of each year by auditors appointed from the

list and in accordance with the guidelines supplied by the Auditor-General for theFederation.

Annual report

37. The Coast Guard shall prepare and submit to the Federal Executive Council

through the Minister, not later than six months after the end of each year, a report in

such form as he may direct on the activities of the Coast Guard during the

immediately preceding year, and shall include in such report a copy of the audited

accounts of the Coast Guard for that year and the auditors report on the accounts.

Power to accept gift

38. (1) The Coast Guard may accept any gift of land, money or other property on

such terms and conditions, if any, as may be specified by the person or organization

making the gift.

(2) The Coast Guard shall not accept any gift if the conditions attached by the personor organization offering the gift are inconsistent with the functions of the Coast

Guard.

Power to borrow

39.-(1) The Coast Guard may, from time to time, borrow by overdraft or otherwise

such sums as it may require for the performance of its functions under this Act. (2)

The Coast Guard shall not, without the approval of the Minister, borrow money which

exceeds, at any time, the amount set by the Minister. (3) Notwithstanding

Subsection (1) of this section, where the sum to be borrowed is in foreign currency,

the Coast Guard shall not borrow the sum without the prior approval of the Minister.

Investment Cap. 449 LFN, 1990

40. The Coast Guard may, subject to the provisions of this Act and the conditions of

any trust created in respect of any property, invest all or any of its funds in any

security prescribed by the Trustees Investments Act or in such other securities as


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may, from time to time, be approved by the Minister.

Exemption from tax

41.-(1) The Coast Guard shall be exempted from payment of any income tax on any

income accruing from investments made by the Board for the Coast Guard. (2) The

provisions of any enactment relating to the taxation of companies or trust funds shall

not apply to the Coast Guard or the Board.

PART V-DISCIPLINE AND TRIAL AND PUNISHMENT OF OFFENCES

Discipline, application of the Armed Forces Decree 105, 1993.

42. The provisions of Parts XII XX of the Armed Forces Decree, 1993 as it relates

to discipline and offences shall apply to persons who, for the time being, are subject

to this Act, unless the context otherwise requires.

PART VI-APPLICATION AND MISCELLANEOUS PROVISIONS

Application of Armed Forces Decree 105, 1993.

43. Notwithstanding the provisions of this Act, the following supplementary

provisions shall apply to this Act-

(a) Section 262 288 of the Armed Forces Decree, 1993; and

(b) the Schedules to the Armed Forces Decree, 1993.

Interpretation

44.-(1) In this Act, unless the context otherwise requires-

Accountant-General means the Accountant-General of the Federation;

acting rank means rank of any description in the Coast Guard and however called

and being such that a commanding officer may, with or without preferring a charge

under this Act, order the holder to revert to a lower rank or to his substantive rank

as the case may be; and

acting chief petty officer and acting petty offices shall be construed accordingly;

aircraft means any machine for flying, whether propelled by mechanical means or

not includes any machine the type known as a hovercraft as well as any description


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of balloon;

aircraft material includes-(a) part of and components of or accessories for aircraft; whether for the time being

in an aircraft or not.

(b) engines, armaments, ammunition and bombs and other missiles of any

description in, or for use in an aircraft;

(c) any other gear, apparatus or instruments in or for use in, an aircraft;

(d) an apparatus used in connection with the taking- off or landing of aircraft or for

detecting the movement of an aircraft; and

(e) any fuel used for the propulsion of an aircraft and any material used as a

lubricant for an aircraft or aircraft material;

aircraft papers includes books, documents, forms and writing of whatever

description and whether or not relating to the flight of aircraft when captured or any

flight, which are delivered up or found aboard the aircraft;

airforce means the Nigerian Air Force mentioned in Section 8 of this Act and raised

under section 1 of the Armed Forces Decree, 1993;

air signal means any message, signal or indication given, by any meanswhatsoever, for the guidance of aircraft or a particular aircraft;

allied forces means military, naval or air forces of any country allied to, or

associated with, the Federation and includes any Commonwealth force;

appropriate superior authority has the meaning assigned to it by subsection (1)

and (2) of section 128 of the Armed Forces Decree, 1993 as applicable to this Act;

army means the Nigerian Army mentioned in Section 8 of this Act and raised under

Section 8 of the Armed Forces Decree, 1993;

arrest includes open and close arrest and means physical restraint imposed on a

person by order of competent superior authority in accordance with the provision of

this Act depriving a person of freedom;

before the enemy in relation to a person, means that the person is in action

against the enemy or about to go into action against the enemy or is under attack or

threat of imminent attack by the enemy;

Board of Inquiry Rules means rules made under Section 180 (d) of the Armed

Forces Decree, 1993 as applicable to this Act;


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civil court means a court of competent criminal Jurisdiction, but does not include a

customary court by whatever name called;civil offence has the meaning assigned to it in Subsection 114 of the Armed Forces

Decree, 1993 as applicable to this Act;

civil prison means a prison in Nigeria in which a person sentenced by a civil court

to imprisonment can for the time being be confined;

Commander means the Commander of the Coast Guard appointed by the President

to have the command, direction and general superintendence of the Coast Guard

raised under this Act;

commanding officer in relation to a person, means the officer commanding the unit

to which the person belongs or is attached;

constable includes a person (whether within or outside the Federal Republic of

Nigeria) having powers corresponding with those of a constable;

corresponding civil offence has the meaning assigned to it by Subsection (2) of

Section 114 of the Armed Forces Decree, 1993 as applicable to this Act;

corresponding rank in relation to any rank of any other service of the Armed Forces

or an allied force, means such rank in that force as is specified under the Third andSchedules to Armed Forces Decree, 1993 to correspond with a rank under this Act;

court martial means a court martial constituted under the Armed Forces Decree,

1993 and applicable to this Act;

customary court includes an Alkalis court, and any other court at any time before

or after the commencement of this Act;

damage and cognate expressions include destruction;

date of attestation in relation to a person, means the date on which he is attested

as having enlisted in the service of the Coast Guard;

decoration includes a medal, ribbon, clasp and good conduct badge;

desertion shall be construed in accordance with Subsection (3) of Section 60 of the

Armed Forces Decree, 1993 and as applicable to this Act;

enemy means all persons engaged in armed operations against Nigeria or allied

forces, and includes armed mutineers, armed rebels, armed rioters and pirates;

executive officer means the officer carrying out the executive duties of the ship or

establishment;


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foreign force means military, naval, air or Coast Guard forces of a country (other

than Nigeria) attached to the Coast Guard;Imprisonment Rules means rules regulating imprisonment made by the President

under Section 180 (c) of the Armed Forces Decree, 1993 and as applicable to this

Act;

independent command means a ship whose officers and men are appointed or

drafted to it and borne on its books;

junior rating means a rating existed in accordance with the provisions of Section 18

of this Act;

Minister means the Minister charged with responsibility for matters relating to

defence;

navy means the Nigerian Navy mentioned in section 8 of this Act and raised under

Section 8 of the Armed Forces Decree, 1993;

oath include affirmation, and references to swearing shall be construed

accordingly;

officer means in relation to Coast Guard, a person of or above the rank of cadet,

and, in relation to any other forces, means an officer of rank corresponding to thesaid rank or any superior rank;

On active service in relation to a unit means that the unit is engaged in operations

against an enemy, and in relation to a person means that the person is serving in or

with the unit which is on active service and also includes normal or routine military

duties;

petty officer includes chief petty officers and petty officers and ratings of equivalent

status in all branches, except when used as the title of seaman rating;

prescribed means prescribed by the rules of procedures;

President means the President, Commander-in-Chief of the Armed Forces;

Prison includes a civil prison and any detention facility of the Coast Guard or the

Armed Forces;

Property includes real property in any State of the Federation or outside the

Federation of the nature of real property;

provost officer means a provost marshal or officer appointed to exercise the

functions conferred by or under service law on a provost offices;


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public when used adjectivally, means belonging to the Government of the

Federation or of a State or Local Government or to the Government of the country towhich an allied force serving or operating in Nigeria belongs;

rating means a member of the Coast Guard of or below the rank of chief petty

officer, and references in this Act to a rating, or to a rating of any particular rank,

include references to a soldier, airman or naval rating of rank corresponding with

that rate as the case may be;

recruiting officer means a person authorized as such under Section 16 of this Act;

Reserve means the Coast Guard Reserve established under Section 3 of this Act

comprised of those persons who are subject to reserve service or liability under this

Act;

service when used adjectivally, means belonging to or connected with the Coast

Guard or Armed Forces;

service guardroom means separate premises designated by the Commander of the

Coast Guard for persons serving sentences of imprisonment;

service law means this Act, the Armed Forces Decree, and includes the service laws

of any allied force;service property includes property belonging to the Coast Guard or any other

service of the Armed Forces;

ship includes any description of vessel;

ship papers includes books, documents, forms and writing of whatever description

and whether or not relating to the voyage of the ship when captured or to any other

voyage, which are delivered up or found aboard the ship;

steals has the meaning assigned to it in the Criminal Code;

stoppages means in relation to pay, the recovery by deduction from the pay of the

offender, of a specified sum by way of compensation for any expense, loss or

damage occasioned by the offense;

tender means a ship or vessel whose officers and men are appointed or drafted to

and borne on the books of another ship or vessel being a parent ship or vessel;

unit means an establishment, base or any other formation of Coast Guard

personnel which has declared to be a unit by the Board.

(2) Whereby this Act it is provided that any person subject to Coast Guard law under


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this Act shall be liable on conviction by court martial to imprisonment and no term or

maximum term is specified, the person so convicted shall be liable to imprisonmentfor any term.

45. This Act may be cited as the Nigerian Coast Guard Bill, 2008.

EXPLANATORY NOTE

This Bill seeks to establish the Nigerian Coast Guard charged with the responsibility

to, among other things, enforce or assist in the enforcement of all applicable Federal

laws on, under, and above the High Seas and waters subject to the jurisdiction of the

Federal Republic of Nigeria, to administer laws and promulgate and enforce

regulations for the promotion of lives and properties on and under the High Seas and

waters subject to the jurisdiction of the Federal Republic of Nigeria, to develop with

due regard to the requirements of National Defense, aids to maritime navigation and

rescue facilities for the promotion of safety on, under and above the High Seas and

waters subject to the Jurisdiction of the Federal Republic of Nigeria and to also

maintain a state of readiness to function as a specialized service in the navy in time

of war.

an act to provide for the establishment of the nigerian coast guard, sb.107

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