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Om a 10, Appointment Ofofficers... 11. Promotion,Etc., Of Supplement to Official Gazette No. 66, Vol. 47, 20th October, 1960—Part C C 351 ROYAL NIGERIAN NAVY ACT, 1960 ARRANGEMENT OF SECTIONS Part I—PRELIMINARY Short title, application and commencement. to Interpretation. Establishment and functions of Navy. Constitution of reserve.r we _ *Part II—Royat NIGERIAN Navy Boarp Establishment of Royal Nigerian Navy Board. a . Membership of Navy Board. Secretary. Powers of Navy Board. om <42 Part [IJ—ADMINISTRATION AND GOVERNMENT 9. Commandof-the Navy. 10, Appointment ofofficers... 11. Promotion,etc., of officers. 12. Pensions provisions. 13. Provisions for death or injury. 14, Liability for service anywhere. 15. Discipline, 16. Complaints. a 17. Regulations and rules. Parr IV—APppPEALs FROM CouRTS-MARTLAL 18. Right of appeal. 19. Procedure for applying for leave to appeal or lodging appeal. 20. Determination of appeals in ordinary cases. 21. Powers of the Federal Supreme Court in special cases. 42. Appeals to befinal. 23. Supplementary powers of the Federal Supreme Court. 24. Proceedings-to beheard in absence of appellants. 25. Defence of appeals. _ 26. Right of appellant to present his case in writing. 27. Suspension of death sentences. 28. Persdns not to be tried again where conviction quashed. 29. Furnishings, on appeal, of documents relatingtotrial. 30. Duties of Registrar of the Federal Supreme Court with respect to ' , appeals, etc. — 31. Rules of court. 32. Saving of Governor-General’s powers. 33. Composition of court. 34. Exercise of certain powers of the Federal Supreme Court bya judge. 35, General provisions as to procedure. C 352 No. of 1960 Royal Nigerian Navy Part V—GENERAL 36. General offences. ' 37. Offences by.officers and ratings. 38. Arms and explosives. - 39, Attached military forces. 40, Passengers. 41. Seconded members of Royal Navy. 42, Powers of command of members ofco-operating military forces. 43, Repeal. First . Scumpute—Application of the Naval Discipline Act, 1957, and of Queen’s Regulations and Admiralty Instructions. Seconp ScHEDULE—Powers of Summary Punishment. C 353 wo . A BILL = * -". FOR AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT, GOVERNMENT AND ‘Title. ‘DiseIpLine or THE RoyaL NicERIAN NAvy AND TO PROVIDE FOR THE MAINTENANCE OF A NAVAL RESERVE Force, FOR APPEALS FROM Courts- MARTIAL AND FOR. PURPOSES CONNECTED THEREWITH AND ANCILLARY THERETO, [By notice, see section 1} Commence- ment. BE IT ENACTED bythe Legislature of the Federation of Nigeria . Enactment. in this present Parliament assembled and by the authority of the sam. us follows— : Part I—PRELIMINARY 1, (1) This Act may bé cited as the Royal Nigerian Navy Act, 1960, Short title, application and shall'be of Federal application. and (2) This Act shall comeinto operation on a day to be appointed by commence- the Governor-General in Council by notice in the Gazette. ment. > ~ C 354 No. of 1960 Royal Nigerian Navy Interpreta- 2. In this Act except where the context otherwise requires— tion.- “the Commander” means the personfor the time being appointed by the Governor-General in Council to be in command of the Navy ; “court-martial” means a court-martial under this Act; 5-and 6 “the Naval Discipline Act, 1957” means the Naval Discipline Act, Eliz, 2 1957, of the United Kingdom ; C. 53. “the Navy” means the Royal Nigerian Navy established pursuant to subsection(1) of section 3; “the Navy Board” means the Royal Nigerian Navy Board established pursuant to subsection (1) of section 5 ; “officer”? means an officer appointed bythe Governor-General by commission or warrant pursuantto section 10; “rating” means a member of the Navy of or below the rank of Chief _ Petty Officer ; “the reserve” means the Royal Nigerian Naval Reserve established pursuantto subsection (1) of section 4 ; “ship of the Navy” means a commissioned ship flying the Nigerian Naval Ensign. Establish- 3. (1) There shall be established and maintained a naval force to be ment and known as the Royal Nigerian Navy which shall consist of such vessels and functions of establishments as the Navy Board may think fit and of such numbers of Navy. officers and other members as the Governor-General in Council may by regulations prescribe. (2) The Navy shall be charged with— (a)the naval defence of Nigeria; (6) the enforcement of the customs laws of Nigeria; (c) the making of hydrographic surveys to such extent as the Minister charged with responsibility for matters relating to Defence may require; (d) training in naval and maritime duties; (e) such other duties as that Minister may direct. (3) The Navyshall cease to be Part of the public service of the Federa- tion. Constitution 4, (1) There shall be maintained a reserve force to be known as the of reserve. Royal Nigerian Naval Reserve. (2) The reserve shall consist of— . (a) all officers and ratings who are transferred to the reserve on com- ‘pletion of their period of service in the Navy ; (b) such otherofficers and ratings as the Governor-Generaliin Council may by regulations provide. Part 1J—RoyaL Nigerian Navy Boarp Establish- 5. (1) There shall be a Royal Nigerian Navy Board whichshall, subject to ment of | the provisions of subsection (2), be responsible under the general authority Royal Nay : of the Minister charged with résponsibility for matters relating to Defence avy 2 for the command, discipline and: administration of,and all other matters Board. ~ relating to, the Navy. Royal Nigerian Navy No. of 1960 C355 (2) The responsibility of the Navy Board shall not extend to the opera- tional use of the Navy, for which us¢ responsibility shall be vested in the - Commandersubject to the overall directions of the Governor-General in , Council : Provided that the Prime Minister may give to the Commander such directions with respect to the operational use of the Navy in Nigeria and in Nigerian waters for the purpose of maintaining and securing public safety and public order, notwithstanding that the directions of the Governor- General in Council have not been obtained, and the Commander shall comply with those directions or cause them to be complied with._ 6. (1) The members of the Navy Board shall be— Member- ship of (a) the Minister charged with responsibility for matters relating to Defence, who shall be the Chairman of the Board ; Board. (6) such other Minister as may be appointed under subsection (2) ; (c) the Commander; (d) the Permanent Secretary of the Ministry responsible for Defence. (2) The Prime Minister may, if he sees fit, appoint a Minister, other than the Minister charged with responsibility for matters relating to Defence, to be a memberof the Navy Board, (3) The Chairman may nominate any member to perform the duties of the Chairman at any meeting of the Navy Board at which the Chairman is absent, and such nomination may be either general or in respect of a particular occasion. (4) In the event of any memberbeing for any reason unable to perform his duties as a member he may with the approval of the Chairman nominate a person to perform such duties during his inability. 7. The Secretary to the Navy Board shall be the Permanent Secretary Secretary. of the Ministry responsible for Defence. e 8. The Navy Board mayprovideforall or any of the following matters— Powers of Navy Board. (a) the organisation 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; (6) the delegation by notification in the Gazette to any memberof the Board of any of the powers or duties of the Board ; . (c) the consultation by the Board with persons other than members thereof ; . (d) the procedure to be followed by the Board in conducting its business. Part II.—ADMINISTRATION AND GOVERNMENT 9. The Governor-General on the advice of the Prime Minister after Command consultation by the Prime Minister with the Navy Board may appoint such of the Navy. officer (in this Ordinance called ‘the Commander”) as he thinks fit, in whom the command of the Navy and the reserve shall be vested and subject to the - terms of such appointment and to such directions in relation to the opera- tional use thereof as may be given under subsection 2 ofsection 5 such person shall have the command, direction and general superintendence of the Navy andthereserve. - z on No. — of 1960 Royal Nigerian Navy Appoint- 10. (1) No person shall:be appointed to a commission in the Navy ment of unless he bas been recommended by a board of officers set up by the officers. Commander. (2) A person recommended for appointment to a commission in the Navy shall be appointed to a commission either for an indefinite period or for a specified time. (3) Every officer on appointment shall be issued with a commission in the form prescribed by regulations made undersection 17 aad signed by the Governor-General. * - (4) The appointmentof a person to a commission in the Navy shall be notified in the Gazette. Promotion, 11. (1) All promotions ofofficers shall be notified in the Gazette. etc., of © (2) Any retirement or resignation of an officer shall be notified in the officers. | Gazette. Pensions 12. (1) For the purpose of the Pensions Ordinance, service with the provisions. Navy shall be deemed to be service in the public service of the Federation, Cap. 147. and the provisions of that Ordinanceshall apply in respect of members of the Navy subject to such modifications as may be prescribed. (2) Service with the Navy shall be deemed to be service in the Govern- ment of the Federation for the purpose of the Widows’ and Orphans’ Pensions Ordinance, notwithstanding the provisions of paragraph (c) of Cap. 220, subsection (1) of section 4 of that Ordinance, and the provisions of that Ordinance shall apply in respect of officers of the Navy and their dependants subject to such modifications as may be prescribed.
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