Suppression of Piracy and Other Maritime Offences Act, 2019 – Key Points

Flashcards summarising objectives, scope, jurisdiction, offences, penalties, procedures, reporting duties, institutional roles and key definitions under Nigeria’s Suppression of Piracy and Other Maritime Offences Act, 2019.

What is the primary objective of the Suppression of Piracy and Other Maritime Offences Act, 2019?

To prevent and suppress piracy, armed robbery and any other unlawful act against ships, aircraft, maritime craft and fixed or floating platforms.

The Act applies to persons on board which types of structures in Nigerian or international waters?

Ships, aircraft, and fixed or floating platforms, whether in Nigerian internal/territorial waters or on/above international waters.

Under what circumstance does the Law of Armed Conflict take precedence over the Act?

When a state of armed conflict involving Nigeria exists and any provision of the Act is inconsistent with the Law of Armed Conflict.

Define piracy under Section 3(a).

Any illegal act of violence, detention or depredation for private ends committed by the crew or passengers of a private ship or aircraft against another ship/aircraft or persons/property on board in international waters or outside any State’s jurisdiction.

What additional behaviours constitute piracy under Section 3(b)-(c)?

Voluntary participation in operating a pirate ship or aircraft, and inciting or intentionally facilitating piracy.

How does the Act define ‘armed robbery at sea’?

Illegal acts of violence, detention or depredation (other than piracy) against a ship/aircraft or persons/property on board, committed within Nigeria’s internal or territorial waters.

Name three examples of maritime offences listed in Section 4.

Seizing a ship by force, placing destructive devices on a platform, communicating false information endangering navigation (any three from section 4).

Which court has exclusive jurisdiction over offences under this Act?

The Federal High Court of Nigeria.

Who may prosecute offences under the Act?

The Attorney-General of the Federation, a designated law officer from his office, or the Agency (NIMASA) with the Attorney-General’s consent.

List one Nigerian element that can give the court jurisdiction under Section 6.

The ship concerned is a Nigerian ship; OR the offence was committed against a Nigerian citizen; OR the alleged offender is a Nigerian citizen (any one).

What is the maximum penalty for committing piracy under Section 12(1)?

Life imprisonment plus a fine up to ₦50,000,000, and restitution or forfeiture of gains.

Minimum imprisonment for non-piracy maritime offences involving firearms or explosives (Section 12(2)(a))?

At least 15 years.

Penalty for a corporate entity convicted of piracy (Section 12(3)(a))?

Minimum ₦500,000,000 fine; each director/principal officer: ≥₦100,000,000 fine and ≥15 years’ imprisonment.

What offence is addressed in Section 14 and its punishment?

Wilful destruction of evidence seized for prosecution; at least 12 years’ imprisonment and restitution of value destroyed.

Define ‘obstruction’ under Section 15 in the context of maritime investigations.

Any act that impedes or attempts to impede law-enforcement duties—e.g., destruction or falsification of documents, threats, refusal to aid investigators.

Penalty for obstruction of officials (Section 15(1))?

At least ₦5,000,000 fine and at least 10 years’ imprisonment.

Who must report incidents of piracy or maritime offences (give two examples)?

Master of the ship, ship-owner/manager, crew representative, cargo representative, insurer, relevant authority, or anyone with knowledge (any two).

Time requirement for reporting an incident (Section 16(2))?

Without delay to the relevant authority, then to the Agency in the prescribed form.

What is the sanction for failing to disclose material information that could prevent a maritime offence (Section 16(5))?

A fine of at least ₦5,000,000 on conviction.

Which body coordinates all maritime activities under the Act?

The Nigerian Maritime Administration and Safety Agency (NIMASA), under the supervision of the Minister.

Name two powers granted to law-enforcement agencies under Section 17(5).

Investigate offences, execute search warrants, seize property, seal premises, trace and freeze assets, request information, appoint experts etc. (any two).

What fund is created by Section 19 and its purpose?

The Piracy and Maritime Offences Fund, used for implementing the Act.

One source of money for the Piracy and Maritime Offences Fund?

35% of proceeds from sales of property seized/forfeited under the Act; government budgetary allocation; contributions from maritime funds; gifts or beneficiary contributions (any one).

Who can make regulations to implement the Act (Section 20)?

The Minister (of Transportation) or the Agency when authorised by the Minister.

What happens to overlapping provisions in older laws after this Act’s commencement (Section 21)?

They are repealed or must be read in conformity with this Act.

Define ‘BRCN weapon’.

Biological, Radiological, Chemical or Nuclear weapon, including related munitions, devices, equipment and toxic agents as detailed in the Act.

Meaning of ‘Exclusive Economic Zone (EEZ)’ for Nigeria?

Maritime area extending 200 nautical miles from Nigeria’s territorial sea baselines.

Who is a ‘crew member’ under the Act?

The Captain/Master and all persons actually employed or engaged in working or servicing a ship.

Conditions under which seized pirate ships may be taken in international waters (Section 7).

If reasonably believed to be pirate-controlled; seizure must be by a government vessel/aircraft clearly marked, respecting third-party rights.

Maximum initial court-ordered detention period for a maritime suspect without charge (Section 9(1))?

Up to 90 days, renewable once for a similar period.

Rights of an arrested foreign suspect concerning consular access (Section 8(3))?

Right to communicate without delay and be visited by the nearest appropriate representative of their country or habitual-residence state.

Penalty for attempting piracy (Section 13(1)(a))?

Minimum ₦100,000,000 fine or at least 12 years’ imprisonment.

Penalty for attempting a maritime offence that causes death (Section 13(2)(c))?

Fine of at least ₦250,000,000 and life imprisonment, plus restitution/forfeiture.

What is a ‘government vessel’ as defined in the Act?

A ship owned or operated by a State, used only on Government non-commercial service.

Citation name of the Act?

Suppression of Piracy and Other Maritime Offences Act, 2019.