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ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015
EXPLANATORY MEMORANDUM
This Act provides for the administration of criminal justice system which promotes efficient management of criminal justice institutions. speedy dispensation of justice, protection of the society from crimes and protection of the rights and interest of the suspect, the defendant and victims in Nigeria.
ARRANGEMENT OF SECTIONS
PART 1 -PRELIMINARY
PART 2 -ARREST, BAIL AND PREVENTIVE JUSTICE
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PART 3 – WARRA.NTS
PART 4- PREVENTION OF OFFENCES AND SECURITY FOR GOOD BEHAVIOUR
PART 5 – PROCEEDING IN ALL CASES SUBSEQUENT TO ORDER TO FURNISH SECURITY
PART 6- PUBLIC NUISANCE
PART 7 – ATTACHMENT WHERE A PERSON DISOBEYS SUMMONS OR WARRANT
PART 8 – PROVISIONS RELATING TO CRIMINAL TRIALS AND INQUIRIES IN GENERAL
90 Form of documents in criminal proceedings.
PART 9 – PLACE OF TRIAL OR INQUIRY
PART 10 -POWERS OF THE ATTORNEY-GENERAL
PART II – CONTROL OF CRIMINAL PROCEEDINGS BY THE ATTORNEY-GENERAL
PART 12 – INSTITUTION OF PROCEEDINGS
PART 13 – FIRST INFORMATION REPORT
PART 14-ENFORCING APPEARANCE OF SUSPECT
PART 15 – ISSUE, FORM AND SERVICE OF SUMMONS
PART 16-MISCELLANEOUS PROVISIONS REGARDING PROCESS
PART 17 – SAVING OF VALIDITY OF PROCESS
PART 18- SEARCH \VARRANTS
PART 19 – BAIL AND RECOGNIZANCE: GENERALLY
PART 20–PROPERTY AND PERSONS
PART21 – THE CHARGE
PART 22 – ALTERATION OR AMENDMENT OF CHARGES
PART 23 – CONVICTION WHEN CHARGED WITH ONE OF SEVERAL OFFENCES OR OF ANOTHER OFFENCE
PART 24 – PREVIOUS ACQUITTALS OR CONVICTION
PART 25 – WITNESSES: COMPELLING ATTENDANCE AND TAKING OF OATH OR MAKING OF AFFIRMATION
PART 26 – WITNESSES: EXPENSES
252 Expenses of witnesses for the defence.
253 Adjournment may be granted subject to witnesses’ costs.
254 Ascertainment of witnesses’ expenses.
PART 27 -EXAMINATION OF WITNESSES
255 Application of the Evidence Act.
256 Power to call or recall witnesses.
257 Certificates of certain government technical officers.
258 Right of reply.
259 Public to have access to hearing.
260 Court may exclude certain persons while taking evidence of a child or young person.
261 Order under section 259 or 260 not to apply to press and certain others.
262 Prohibition on children being present in court during the trial of other persons.
263 Visit by court to locus.
264 Determination of age.
265 Age in relation to offences.
266 Presence of defendant at trial.
267 Conduct of cases by legal practitioner for complainant or for defendant.
268 General control of prosecution by the Attorney-General.
269 Position in court of person summoned.
PART 28- PLEA BARGAIN AND PLEA GENERALLY
270 Plea bargain guidelines.
271 Plea to information or charge.
272 Proof of previous conviction.
PART 29 – PERSONS OF UNSOUND MIND
PART 30- DETENTION TIME LIMITS
PART 31 – PRESENTATION OF CASE BY PROSECUTION AND DEFENCEAND CONCLUSION OF TRIAL
PART 32- COSTS, COMPENSATION, DAMAGES AND RESTITUTION
PART 33 – CUSTODY, DISPOSAL RESTORATION OF PROPERTY
PART 34 – SEIZURE, FORFEITURE, CONFISCATION AND DESTRUCTION OF INSTRUMENTALITY OF CRIME
344 Destruction of articles relating to counterfeiting where no charge is laid.
PART 35 – SUMMARY PROCEDURE IN PERJURY
PART 36 – TRIALS AND SUMMARY TRIALS GENERALLY
PART 37 – TRIALS BY WAY OF INFORMATION
PART 38 – PROVISIONS RELATING TO SENTENCE OF DEATH
PART 39 – PROCEDURE WHERE WOMAN CONVICTED OF CAPITAL OFFENCE IS ALLEGED TO BE PREGNANT
PART 40 – SENTENCING GENERALLY OTHER THAN CAPITAL SENTENCE
436 Procedure on the execution of distress warrant.
PART 41 – DETENTION IN A SAFE CUSTODY OR SUITABLE PLACE OTHER THAN PRJSON OR MENTAL HEALTH ASYLUM
PART 42- DEPORTATION
451 Execution of deportation order.
PART 43 – CHILD OFFENDERS
PART 44 -PROBATION AND NON-CUSTODIAL ALTERNATIVES
PART 45-PAROLE
468 Court may direct release of prisoner before completion of sentence.
PART 46 – THE ADMINISTRATION OF CRIMINAL JUSTICE MONITORING COMMITTEE
PART 47 – TRIAL OF CORPORATION
PART 48 -APPEAL FROM MAGISTRATE COURTS TO HIGH COURTS
PART 49 – FEES AND MISCELLAJ\.TEOUS PROVISIONS
Schedule
ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015
An Act to provide for the administration of criminal justice in the courts of the Federal Capital Territory and other federal courts in Nigeria; and for related matters.
[Commencement.]
ENACTED by the National Assembly of the Federal Republic of Nigeria:
PART 1- PRELIMINARY
Purpose.
(2) The courts, law enforcement agencies and other authorities or persons involved in criminal justice administration shall ensure compliance with the provisions of this Act for the realisation of its purposes.
Application.
2.(1) Without prejudice to section 86 of this Act, the provisions of this Act shall apply to criminal trials for offences established by an Act of the National Assembly and other offences punishable in the Federal Capital Territory, Abuja.
(2) The provisions of this Act shall not apply to a Court Martial.
PART 2 -ARREST, BAIL AND PREVENTIVE JUSTICE
Arrest generally.
Mode of arrest.
No unnecessary restraint
(a) there is reasonable apprehension of violence or an attempt to escape;
(b) the restraint is considered necessary for the safety of the suspect or defendant; or
(c) by order of a court.
Notification of cause of arrest and rights of suspect
(2) The police officer or the person making the arrest or the police officer in charge of a police station shall inform the suspect of his rights to:
(a) remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice;
(b) consult a legal practitioner of his choice before making, endorsing or writing any statement or answering any question put to him after arrest; and
(c) free legal representation by the Legal Aid Council of Nigeria where applicable:
Provided the authority having custody of the suspect shall have the responsibility of notifying the next of kin or relative of the suspect of the arrest at no cost to the suspect.
Arrest in lieu prohibited
Humane treatment of arrested suspect
(a) be accorded humane treatment. having regard to his right to the dignity of his person; and .
(b) not be subjected to any form of torture, cruel, inhuman or degrading treatment.
(2) A suspect shall not be arrested merely 011 a civil wrong or breach of contract.
(3) A suspect shall be brought before the court as prescribed by this Act or any other written law or otherwise released conditionally or unconditionally.
(4) The arraignment and trial of a suspect for a crime shall be, in accordance with the provisions of this Act unless otherwise stated in this Act.
Search of arrested suspect
(a) may search the suspect, using such force as may be reasonably necessary for the purpose: and
(b) shall place in safe custody all articles other than necessary wearing apparel found on the suspect.
(2) Where an arrested suspect is admitted to bail and bail is furnished, he shall not, subject to the provisions of section 11 of this Act, be searched unless there are reasonable grounds for believing that he has on his person any:
(a) stolen article;
(b) instrument of violence or poisonous substance;
(c) tools connected with the kind of offence which he is alleged to have committed; or
(d) other articles which may furnish evidence against him in regard to the offence, which he is alleged to have committed.
(3) Where it is necessary to search a suspect, the search shall be made decently and by a person of the same sex unless the urgency of the situation or the interest of due administration of justice makes it impracticable for the search to be carried out by a person of the same sex. .,
(4) Notwithstanding the provisions of this section, a police officer or any other person making an arrest may in any case take from the suspect any instrument of violence :. or poisonous substance which he has on his person.
Inventory of Arrested Suspect
10.(1) A police officer making an arrest or to whom a private person hands over the suspect, shall immediately record information about the arrested suspect and an inventory of all items or property recovered from the suspect
(2) An inventory recorded under subsection (1) of this section shall be duly signed by the police officer and the arrested suspect, but the failure of the arrested suspect 10 sign the inventory shall not invalidate it.
(3) The arrested suspect his legal practitioner or such other person, as the arrested suspect may direct, shall be given a copy of the inventory.
(4) Where any property has been taken under this section from an arrested suspect, a police officer may, upon request by either the owner of the property or parties having interest in the property, release such property on bond pending the arraignment of the arrested suspect before a court.
(5) Where a police officer refuses to release the property to the owner or any person having interest in the property under subsection (4) of this section, the police officer shall make a report to the court of the fact of the property taken from the arrested suspect and the particulars of the property.
(6) The court to which a report is made under subsection (5) of this section, may, if it is of the opinion that the property or any portion of it can be returned in the interest of justice to the safe custody of the owner or person having interest in the property, direct that the property or any portion of it be returned to the owner or to such person having interest in the property.
(7) Where any property has been taken from a suspect under this section, and the suspect is not charged before a court but is released on the ground that there is no sufficient reason to believe that he has committed an offence, any property so taken from the suspect shall be returned to him, provided the property is neither connected to nor a proceed of offence.
Examination of arrested suspect
Search of a Place entered by Suspect sought to be arrested
12.(1) Where a person or police officer acting under a warrant of arrest or otherwise having authority to arrest, has reason to believe that the suspect to be arrested has entered into or is within any house or place, the person residing in or being in charge of the house or place shall, on demand by the police officer or person acting for the police officer, allow him free access to the house or place and afford all reasonable facilities to search the house or place for the suspect sought to be arrested.
(2) Where access to a house or place cannot be obtained under subsection (1) of this section, the person or police officer may enter the house or place and search it for the suspect to be arrested, and in order to effect an entrance into the house or place, may break open any outer or inner door or window of any house or place. whether that of the suspect to be arrested or of any other person or otherwise effect entry into such house or place, ii’ after notification of his authority and purpose, and demand of admittance duly made, he cannot obtain admittance.
(3) Where the suspect to be arrested enters a house or place in the actual occupancy of another person being a woman who by custom or religious practice does not appear in public, the person making the arrest shall:
(a) before entering the house or place, give notice to the woman that she is at liberty to withdraw; and
(b) afford her every reasonable opportunity and facility for withdrawing, and may then enter. the house or place, but the notice shall not be necessary where the person making the arrest is a woman.
Power to break out of a house or place for the purpose of liberation
Arrested suspect to be taken immediately to a police station
14 (1) A suspect who is arrested, whether with or without a warrant, shall be taken immediately to a police station, or other place for the reception of suspect, and shall be promptly informed of the allegation against him in the language he understands.
(2) A person who has the custody of an arrested suspect shall give the suspect reasonable facilities for obtaining legal advice, access to communication for taking steps to furnish bail, and otherwise making arrangements for his defence or release.
(3) Notwithstanding the provision of subsection (2) of this section, any such communication or legal advice shall be done in the presence of an officer who has custody of the arrested suspect.
Recording of arrest
15(1) Where a suspect is arrested, whether with or without a warrant, and taken to a police station or any other agency effecting the arrest, the police officer making the arrest or the officer in charge shall cause to be taken immediately, in the prescribed form, the following record of the suspect arrested:
(a) the alleged offence;
(b) the date and circumstances of his arrest;
(c) his full name, occupation and residential address; and
(d) for the purpose of identification:
(i) his height,
(ii) his photograph,
(iii) his full fingerprint impressions, or
(iv) such other means of his identification.
(2) The process of recording in subsection (1) of this section shall be concluded within a reasonable time of the arrest of the suspect, but not exceeding 48 hours.
(3) Any further action in respect of the suspect arrested pursuant to subsection ( 1) of this section shall be entered in the record of arrests .
(4) Where a suspect who is arrested with or without a warrant volunteers to make a confessional statement, the police officer shall ensure that the making and taking of the statement shall be in writing and may be recorded electronically on a retrievable video compact disc or such other audio visual means.
(5) Notwithstanding the provision of subsection (4) of this section, an oral confession of arrested suspect shall be admissible in evidence.
Central Criminal Records Registry
(2) For the purposes of subsection (1) of this section, there shall be established at every state police command a Criminal Registry which shall keep and transmit all such records to the Central Criminal Records Registry.
(3) The State or Federal Capital Territory (FCT) Police Command shall ensure that the decisions of the court in all criminal trials are transmitted to the Central Criminal Records Registry within 3 0 days of the judgement.
Recording of Statement of Suspect
17.(1) Where a suspect is arrested on allegation of having committed an offence, his statement shall be taken, if he so wishes to make a statement.
(2) Such statement may be taken in the presence of a legal practitioner of his choice, or where he has no legal practitioner of his choice, in the presence of an officer of the Legal Aid Council of Nigeria or an official of a Civil Society Organization or a Justice of the Peace or any other person of his choice. Provided that the Legal Practitioner or any other person mentioned in this subsection shall not interfere while the suspect is making his statement, except for the purpose of discharging his role as a legal practitioner.
(3) Where a suspect does not understand or speak or write in the English language, an interpreter shall record and read over the statement to the suspect to his understanding and the suspect shall then endorse the statement as having been made by him, and the interpreter shall attest to the making of the statement.
(4) The interpreter shall endorse his name, address, occupation, designation or other particulars on the statement.
(5) The suspect referred to in subsection (1) of this section shall also endorse the statement with his full particulars.
Arrest by Police Officer without Warrant
18.(1) A police officer may, without an order of a court and without E. warrant, arrest a suspect:
(a) whom he suspects on reasonable grounds of having committed an offence against a law in Nigeria or against the law of any other country, unless the law creating the offence provides that the suspect cannot be arrested without a warrant;
(b) who commits any offence in his presence;
(c) who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
(d) in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to the thing;
(e) whom he suspects on reasonable grounds of being a deserter from any of the armed forces of Nigeria:
(f) whom be suspects on reasonable grounds of having been involved in an act committed at a place outside of Nigeria which, if committed in Nigeria, would have been punished as an offence, and for which he is, under a law in force in Nigeria, liable to be apprehended and detained in Nigeria;
(g) having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking, car theft, firearm or any offensive or dangerous weapon;
(h) whom he has reasonable cause to believe a warrant of arrest has been issued by a court of competent jurisdiction in Nigeria;
(i) found in Nigeria taking precautions to conceal his presence in circumstances, which afford reason to believe that he is taking such precautions with a view to committing an offence;
(j) whose arrest a warrant has been issued or whom he is directed to arrest by a Judge, Magistrate, Justice of the Peace or superior police officer;
(k) whom he reasonably suspects to be designing to commit an offence for which the police may arrest without a warrant, if it appears to him that the commission of the offence cannot be otherwise prevented; or
(l) required to appear by a public summons issued under this Act or any other Act.
(2) The authority given to a police officer to arrest a suspect who commits an offence in his presence shall be exercisable in respect of offences committed in the officer’s presence notwithstanding that the Act creating the offence provides that the suspect cannot be arrested without a warrant.
Refusal to give name and Residence
19.(1) Where a suspect who, in the presence of a police officer, has committed or has been accused of committing an offence triable summarily, refuses on demand of the officer to give his name and residential address, or gives a name or residential address which the officer has reason to believe to be false, he may be arrested by the officer in order that his name or residential address may be ascertained.
(2) Where the true name and residential address of the. suspect. have been ascertained, he shall be released on his executing a recognizance, with or without sureties, to appear before a Magistrate if so required, but if the person is -not resident in Nigeria, a surety or sureties resident Nigeria shall secure the recognizance,
(3) Where the true name and address of the suspect cannot be ascertained within 24 hours from the time of arrest, or if be fails to execute recognizance, or, where so required, to furnish sufficient sureties, be shall forthwith be brought before the nearest Magistrate having jurisdiction.
(4) Where the suspect on being brought before the court still refuses, the court may deal with him as it will deal with an uncooperative witness under this Act.
Arrest by private person
Arrest by owner of property
Arrest of suspect doing damage to public property
Handing over of an arrested suspect by private person
(2) Where there is reason to believe that the arrested suspect comes under the provisions of section 18 (1) of this Act, a police officer shall re-arrest him.
(3) Where there is reason to believe that the suspect has committed an offence, and he refuses on the demand of a police officer to give his name and address, or gives a name or address which the officer reasonably believes to be false, he shall be dealt with under the provisions of section 19 of this Act.
(4) Where a suspect so arrested by a private person is handed over to a police officer or to an official of an agency authorized by law to make arrests, the police officer or official shall take note of the name, residential address and other particulars of the private person making the arrest, and the date, time and other circumstances of the arrest and where the arrested suspect is taken to the police station or TO the agency, the charge room officer shall make the entries in the crime diary.
(5) The police officer or official to whom the arrested suspect is handed over by the private person shall obtain from the private person who made the arrest a formal witness statement setting out the facts and circumstances of the arrest.
(6) Where there is sufficient reason to believe that the suspect handed over has committed an offence, he shall immediately be re-arrested but if there is no sufficient reason to believe that the suspect has committed an-offence, he shall be released immediately.
(7) The provisions of section 15 of this Act do not apply to this section unless the suspect arrested and handed over has been re-arrested in accordance with sub section (2) of this section.
Offence committed in presence of Judge or Magistrate
Arrest by Magistrate
25.(1) A Magistrate may arrest or direct the arrest in his presence of a suspect whose arrest on a warrant he could have lawfully ordered if the facts known to him at the time of making or directing the arrest had been stated before him on oath by some other person.
(2) Where a suspect is arrested in accordance with the provisions of either section 23 or 24 of this Act, the Judge or Magistrate making or directing the making of such arrest may deal with the suspect so arrested in the same manner as if the suspect had been brought before him by or under the directions of any other person.
Arrest for offence committed in presence of judge Magistrate or Justice of the Peace
When person is bound to assist in arrest
Pursuit of suspect into other jurisdictions
Quarterly Report of Arrests to the Attorney-General
29.(1) The Inspector-General of Police and the head of every agency authorised by Jaw to make arrests shall remit quarterly to the Attorney-General of the Federation a record of all arrests made with or without wan-ant in relation to federal offences within Nigeria.
(2) The Commissioner of Police in a State and head of every agency authorised by law to make arrest within a State shall remit quarterly to the Attorney-General of that State a record of all arrests made with or without warrant in relation to State offenses or arrests within the State.
(3) The report shall contain the full particulars of arrested suspects as prescribed by section 15 of this Act.
(4) A register of arrests containing the particulars prescribed in section 15 of this Act shall be kept in the prescribed form at every police station or agency authorised by law to make arrests, and every arrest, whether made with or without warrant, within the local limits of the police station or agency, or within the Federal Capital Territory, Abuja, shall be entered accordingly by the officer in charge of the police station or official in charge of the agency as soon as the arrested suspect is brought to the station or agency.
(5) The Attorney-General of the Federation shall establish an electronic and manual database of all records of arrests at the Federal and State level.
Release on bail of a suspect arrested without warrant
30(1) Where a suspect has been taken into police custody without a warrant for an offence other than an offence punishable with death, an officer in charge of a police station shall inquire into the case and release the suspect arrested on bail subject to subsection (2) of this section, and where it will not be practicable to bring the suspect before a court having jurisdiction with respect to the offence alleged, within 24 hours after the arrest.
(2) The officer in charge of a police station shall release the suspect on bail on his entering into a recognizance with or without sureties for a reasonable amount of money to appear before the court or at the police station at the time and place named in the recognizance.
(3) Where a suspect is taken into custody and it appears to the police officer in charge of the station that the offence is of a capital nature, the arrested suspect shall be detained in custody, and the police officer may refer the matter to the Attorney-General of the Federation for legal advice and cause the suspect to be taken before a court having jurisdiction with respect to the offence within a reasonable time.
Power to release on bail before charge is accepted
31.(1) Where a suspect is taken into custody, and it appears to the officer that the inquiry into the case cannot be completed forthwith, he may discharge the suspect on his entering into a recognizance, with or without sureties for a reasonable amount, to appear at the police station and at such times as are named in the recognizance, unless he previously receives notice in writing from the police officer in charge of that police station that his attendance is not required.
(2) A recognizance under subsection (1) of this section may be enforced as if it were a recognizance conditional for the appearance of the said suspect before a Magistrate s court or the mace in which the police station named in the recognizance is situate.
Remedy of Suspect Detained in Custody
32.(1) Where a suspect taken into custody in respect of a non-capital offence is not released on bail after 24 hours, a court having jurisdiction with respect to the offence may be notified by application on behalf of the suspect.
(2) The court shall order the production of the suspect detained and inquire into the circumstances constituting the grounds of the detention and where it deems fit, admit the suspect detained to bail.
(3) An application for bail under this section may be made orally or in writing.
Police to Report to Supervising Magistrates
33(1) An officer in charge of a police station or an official in charge of an agency authorised to make arrest shall, on the last working day of every month, report to the nearest Magistrate the cases of all suspects arrested without wan-am within the limits of their respective stations or agency whether the suspects have been admitted to bail or not.
(2) The report shall contain the particulars of the suspects arrested as prescribed in section 15 of this Act.
(3) The Magistrate shall on receipt of the reports, forward them to the Criminal Justice Monitoring Committee which shall analyse the reports and advice the Attorney-General of the Federation as to the trends of arrests, bail and related matters.
(4) The Attorney-General of the Federation shall, upon request by the National Human Rights Commission, the Legal Aid Council of Nigeria or a Non Governmental Organization, make the report available to them.
(5) Where no report is made in accordance with subsection (I) of this section, the Magistrate shall forward a report to the Chief Judge of the State and the Attorney-General of the State for appropriate remedial action.
(6) With respect to the Federal Capital Territory, Abuja such report referred to in subsection (5) of this section shall be forwarded to the Chief Judge of the Federal Capital Territory, Abuja and the Attorney-General of the Federation for remedial action.
Chief Magistrate to visit Police Stations every month
34(1) The Chief Magistrate, or where there is no Chief Magistrate within the police division, any Magistrate designated by the Chief Judge for that purpose, shall, at least every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than the prison.
(2) During a visit, the Magistrate may:
(a) call for, and inspect, the record of arrests;
(b) direct the arraignment of a suspect;
(c) where bail has been refused, grant bail to any suspect where appropriate if the offence for which the suspect is held is within the jurisdiction of the Magistrate.
(3) An officer in charge of a police station or official in charge of an agency authorised to make an arrest shall make available to the visiting Chief Magistrate or designated Magistrate exercising his powers under subsection (1) of this section:
(a) the full record of arrest and record of bail;
(b) applications and decisions on bail made within the period; and.
(c) any other facility the Magistrate requires to exercise his powers under that subsection.
(4) With respect to other Federal Government agencies authorised to make an arrests, the High Court having jurisdiction shall visit such detention facilities for the purpose provided in this section.
(5) Where there is default by an officer in charge of a police station or official in charge of an agency authorised to make arrest to comply with the provisions of subsection (3) of this section, the default shall be treated as a misconduct and.. shall be dealt with iri accordance with the relevant Police Regulation under the Police Act, or pursuant to any other disciplinary procedure prescribed by any provision regulating the conduct of the officer or official of the agency.
PART 3 – WARRANTS
General Authority to issues Warrant
Form and Requisites of Warrant of Arrest
(a) bear the date of the day of issue;
(b) contain all necessary particulars; and
(c) be signed by the Judge or Magistrate by whom it is issued.
(2) A warrant shall state concisely the offence cir matter for which it is issued and shall name or otherwise describe the suspect to be arrested, and it shall order the police officer or officers to whom it is directed to arrest the suspect and bring him before the court to answer the complaint or statement, or to testify or be dealt with according to the circumstances of the case, and to be further dealt with according to law.
Warrant to be Issued on complaint only on oath
Warrant may be issued on any day
Warrant to whom Directed and Duration
39.(1) A warrant of arrest may be directed to a police officer by name or to all police officers.
(2) It is not necessary to make a warrant of arrest returnable at any particular time and a warrant shall remain in force until it is executed or until a Judge or a Magistrate cancels it.
(3) Where a warrant of arrest has been executed and the suspect arrested has been released, the warrant shall no longer be valid authority for re-arresting the suspect.
Warrant of arrest may in exceptional cases be directed to other persons
40.(1) A court issuing a warrant of arrest may, where its immediate execution is necessary and no police officer is immediately available, direct it to some other person or persons and the person or persons shall execute the same.
(2) A person, when executing a warrant of arrest directed to him, shall have all the powers, rights, privileges and protection given to or afforded by law to a police officer executing a warrant of arrest and shall conform with the requirement placed by law on a police officer.
Public summons for Persons Absconding
Publication of Public Summons
(a) in a newspaper that enjoys wide circulation or circulated in any other medium as may be appropriate;
(b) by affixing it to some conspicuous part of the house or premises or to some conspicuous place. in the town or village, in which the person ordinarily resides; or
(c) by affixing a copy to some conspicuous part of the High Court or Magistrate’s court building.
(2) A statement in writing from the Judge of the High Court or a Magistrate to the effect that the public summons was duly published on a specified day, shall be conclusive evidence that requirements of this section have been complied with and that the public summons was published on such day.
Execution of Warrant and Procedure
(2) A warrant of arrest may be executed by any police officer at any time and in any place in any State other than within the actual court room in which a court sitting.
(3) The Police officer executing a warrant of arrest shall, before making the arrest, inform the suspect to be arrested that there is a warrant for his arrest unless there is reasonable cause for abstaining from giving the information on the ground that it is likely to occasion escape, resistance or rescue.
( 4) A suspect arrested on a warrant of arrest shall, subject to the provisions of the Constitution of the Federal Republic of Nigeria, sections 44 and 45 of this Act, be brought before the court that issued the warrant of arrest,
Power to Arrest on Warrant but without the Warrant
Court may Direct particulars of security to be taken on Execution of Warrant
45(1) A court, on issuing a warrant for the arrest of a suspect in respect of a matter other than an offence punishable with death, may, if it thinks fit by endorsement on the warrant, direct that the suspect named in the warrant be released on bail on his entering into such a recognizance for his appearance as may be required in the endorsement.
(2) The endorsement shall specify:
(a) the number of sureties, if any;
(b) the amount in which they and the suspect named in the warrant are, respectively, to be bound; or are to provide as cash security on the request of the surety or suspect;
(c) the court before which the arrested suspect is to attend; and
(d) the time at which the suspect is to attend, including an undertaking to appear at a subsequent time as may be directed by any court before which he may appear.
(3) Where an endorsement is made, the officer in charge of a police station to which on arrest the suspect named in the warrant is brought, shall discharge him on his entering into a recognizance, with or without sureties approved by that officer, in accordance with the endorsement, conditioned for his appearance before the court and at the time and place named in the recognizance.
(4) Where security is taken under this section the officer who takes the recognizance shall cause it to be forwarded to the court before which the suspect named in the recognizance is bound to appear.
(5) Subject to the provisions of section 4E of this Act. the previsions of subsections (3) and (4) of this section shall not have effect with respect 10 a warrant executed outside Nigeria.
Procedure on Arrest of Suspect outside Division or District of Court Issuing Warrant
46.(1) Where a warrant of arrest is executed in a State outside the division or district of the court by which it was issued, the suspect shall, unless security is taken under section 45 of this Act, be taken before the court ‘Ni thin the division or district in which the arrest was made.
(2) The court shall, if the suspect, on such inquiry as the court considers necessary, appears to be the suspect intended to be arrested by the court which issued the warrant, direct his removal in custody to that court, but if the suspect has been arrested in respect of any matter other than an offence punishable with death and:
(a) is ready and willing 10 give bail to the satisfaction of the court within the division 01 district of which he was arrested; or
(b) where a direction had been endorsed under section 45 of this Act on the warrant and the suspect is ready and willing to give the security required by the direction, the court shall take bail or security, as the case may be, and shall forward the recognizance, if such be entered into; to the court which issued the warrant.
(3) Nothing in this section is deemed to prevent a police officer from taking security under section 30 of this Act.
Warrant Issued by the Federal High Court
(2) A warrant issued under this section may be executed in accordance with section 44 of this Act.
Re-arrest of Suspect Escaping
Provisions of Sections 12 and 13 to Apply to Arrests under Section 48
PART 4 – PREVENTION OF OFFENCES AND SECURITY FOR GOOD BEHAVIOUR
Police to Prevent Offences and Injury to Public Property
(2) A police officer may of his authority intervene to prevent an injury attempted to be committed in his presence to any public property, whether movable or immovable, or the removal of or injury to an)’ public landmark or buoy or other mark used for navigation.
Information of Design to Commit Offence
Arrest by Police to Prevent Offences
Prevention by other public officers of Offences and Injury to Public Property
(2) A person is bound to assist a Judge or Magistrate or police officer or any other public officer reasonably demanding his aid:
(a) in preventing, and shall to the best of his ability, prevent the commission of an offence for which he is authorised to arrest without a warrant or any damage to any public property, movable or immovable;
(b) in the suppression of a breach of the peace or in the prevention of any damage to any property, movable or immovable or to any railway, canal, water supply, telecommunication system, oil pipeline or oil installation, or electrical installation; or
(c) in the prevention of the removal of any public landmark, buoy or other mark used for navigation.
Power of Magistrate to require Execution of Recognizance for Keeping Peace
(a) commit a breach of the peace or disturb the public tranquillity, or
(b) do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity,
the Magistrate may, in the manner provided in this Part, require the suspect to show cause why he should not be ordered to enter into a recognizance, with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate deems fit.
(2) Proceeding shall not be taken under this section unless the suspect is:
(a) in the Federal Capital Territory, Abuja, and
(b) subject of the information under subsection (L) of this section within the jurisdiction of the Magistrate, or the place where the breach of the peace or disturbance has occurred or where the suspect is. is within the jurisdiction of the Magistrate.
Security for good behaviour for Suspected persons
(a) a suspect is taking precautions to conceal his presence within the local limits of the Magistrate’s jurisdiction: and
(b) there is reason to believe that the suspect is taking the precautions with a view to committing an offence,
the Magistrate may, in the manner provided in this Pait, require the suspect to show cause why be should not be ordered to enter into a recognizance, with sureties, for his good behaviour for such period not exceeding 1 year, as the Magistrate deems fit.
Security for good behaviour for habitual offenders
(a) is by habit an armed robber, a housebreaker, or a thief;
(b) is by habit a receiver of stolen property, knowing the same to have been stolen;
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property;
(d) habitually commits or attempts to commit, or aids or abets the commission of any offence relating to property;
(e) habitually commits or attempts to commit, or aids or abets in the commission of, offence involving a breach of the peace; or
(f) is so desperate or dangerous as to render his being at large without security hazardous to the community,
such Magistrate may, in the manner provided in this Act, require such suspect to show cause why he should not be ordered to enter into a recognizance with sureties for his good behaviour for such period; not exceeding 3 years, as the Magistrate deems fit.
Order to be Made
(a) the substance of the information received;
(b) the amount of the recognizance to be executed;
(c) the term for which it is to be in force: and
(d) the number, character, and class of sureties, if any, required.
Procedure in respect of suspect present in court
Summons or warrant in case of suspect not present
59(1) Where the suspect is not present in court, the Magistrate shall issue a summons requiring him to appear, or, where the suspect is in custody, a warrant directing the officer in whose custody he is to bring him before the court.
(2) Where it appears to the Magistrate, on the report of a police officer or on other information, the substance of which report or information shall be recorded by the Magistrate, that there is reason to fear the commission of a breach of the peace, and that the breach of the peace cannot be prevented otherwise than by the immediate arrest of the suspect, the Magistrate may at any time issue a warrant for his arrest.
Copy of order under Section 59 to accompany summons or warrant
Power to dispense with personal attendance
Inquiry as to truth of Information
62.(1) Where an order under section 57 of this Act has been read or explained under section 58 of this Act to a suspect in court, or where the suspect appears or is brought before a Magistrate in compliance with or in execution of a summons or warrant issued under section 59 of this Act, the Magistrate shall proceed to inquire into the truth of the information upon which the action has been taken, and to take such further evidence as may appear necessary.
(2) The inquiry shall be made, as nearly as may be practicable, in the manner prescribed in this section for conducting trials, and recording evidence, except that the standard of proof shall be that of preponderance of evidence.
(3) Pending the completion of the -inquiry under subsection (1) of this section, the Magistrate, if he considers that immediate measures are necessary for the prevention of:
(a) a breach of the peace or disturbance of the public tranquillity; or
(b) the commission of any offence or for the public safety,
may, for reasons to be recorded in writing, direct the suspect in respect of whom the order under section 57 of this Act has been made, to enter into a recognizance, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain the suspect in custody until the recognizance is entered into or, in default of execution, until the inquiry is concluded.
(4) For the purposes of subsection (3) of this section:
(a) a suspect against whom proceedings are not being taken under section 54 of this Act shall not be directed to enter into a recognizance for maintaining good behaviour;
(b) the conditions of the recognizance, whether as to the amount or as to the provisions of sureties or the number of sureties or the pecuniary extent of their liability shall not be more onerous than those specified in the order under section 5 8 of this Act; and
(c) a suspect shall not be remanded in custody under the powers conferred by this section for a period exceeding 15 days at a time.
(5) For the purposes of this section, the fact that a suspect comes within the provisions of section 55 of this Act may be proved by evidence of general repute or otherwise.
(6) Where two or more suspects have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate thinks fit.
Order to give Security
63.(1) Where on an inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the suspect in respect of whom the inquiry is made should enter into a recognizance, with or without sureties, the Magistrate shall make an order accordingly, but:
(a) a suspect shall not be ordered to give security of a nature different from or of an amount larger than or for a period longer than that specified in the order made under section 57 of this Act;
(b) the amount of a recognizance shall be fixed with due regard to the circumstances of the case and shall not be excessive; and
(c) where the suspect in respect of whom the inquiry is made is a child, the recognizance shall be. entered into as provided in section 164 of this Act.
(2) A suspect ordered to give security for good behaviour under this • section may . appeal to the High Court.
Discharge of Suspect informed Against
(a) is in custody only for the purpose of the inquiry, release him; or
(b) is not in custody, discharge him.
PART 5 – PROCEEDING IN ALL CASES SUBSEQUENT TO ORDER TO FURNISH SECURITY
Commencement of period for which security is required
(2) In other case, the period shall commence on the date of the order unless the Court, for sufficient reason, fixes a later date.
Conditions of recognizance
Power to reject sureties
Procedure on failure of suspect to give security
Power to release suspect imprisoned for failure to give security
Power of High Court to cancel recognizance
Discharge of Sureties
71(1) A surety for the peaceable conduct or good behaviour of another suspect may at any time apply to a court to discharge a recognizance executed under any of the preceding sections within the district or division to which the Court is assigned.
(2) On an application being made, the Magistrate shall, if he is satisfied that there is good reason for the application, issue such summons or warrant, as he thinks fit, requiring the suspect for whom the surety is bound to appear or to be brought before him.
(3) Where the suspect appears or is brought ix-fort a Magistrate, the Magistrate after hearing the suspect may discharge the recognizance and order the suspect to give, for the unexpired portion of the term of the recognizance, fresh security for the unexpired portion of the same description as the original security.
(4) An order made under subsection (3) of this section shall, for the purposes of sections 65, 66, 67 and 68 of this Act, be deemed to be an order under section 57 of this Act.
PART 6 – PUBLIC NUISANCE
Conditional order for removal of nuisance
(a) within a time fixed in the order to cease committing the offence and to amend or remove the cause of the nuisance in such manner as is specified in the order; or
(b) to appear before the court at a time and place w be fixed by the order and apply to have the order set aside or modified in the manner hereinafter provided.
Service of Order
(2) Where an order referred to in subsection (1) cannot be served in the manner laid down in that subsection, it may be served by registered letter through the post, addressed to the suspect against whom it is made at his last known address or, where his last address is not known, then by affixing a notice in some conspicuous place in the town or village or near which the nuisance or offence is being committed.
Suspect to whom order is addressed to obey or appear before Court
(a) perform, within the time and in the manner specified in the order, the act directed by the order; or
(b) appear in accordance with the order and apply to have the order set aside or modified.
Consequences of failure to obey order or to appear
(a) offends public safety, to a fine of not less than N100,000.00 for individual and not less than Nl,000,000.00 in case ofa corporate body or imprisonment for a term of six months; or
(b) threatens human life, to a fine of not less than N200,000.00 for individual and not less than N2,000,000.00 in case of a corporate body or imprisonment for a term of 12 months.
Procedure where suspect appears
76(1) Where a suspect against whom an order under section 72 of this Act is made to appear applies to have the order set aside or modified, the court shall take evidence in the matter in the same manner as in a summary trial.
(2) Where the court is:
(a) satisfied that the order, with or without modification, is reasonable and proper, the court shall make it absolute with such modification, if any, as the court thinks fit; and
(b) not satisfied, it shall cancel the order.
Consequence of disobedience to order made absolute
(a) the sale of any building, goods or other property removed by its order; or
(b) seizure and sale of any other movable property of the person against whom the order under section 72 of this Act was made in the manner prescribed in this Act for the recovery of a fine.
Order pending Inquiry
78.( 1) Where the court making an order under section 72 of this Act considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, it may issue such further order to the suspect against whom the order was made as is required to obviate or prevent the danger or injury pending the determination of the matter.
(2) In default of the suspect referred to in subsection (1) of this section immediately disobeying the further order referred to in that subsection or if notice of the order cannot, by the exercise of due diligence, be served on him immediately, the court may use or cause to be used such means as it thinks fit to obviate the danger or to prevent the injury.
Prohibition of repetition or continuance or nuisance
PART 7- ATTACHMENT WHERE A PERSON DISOBEYS SUMMONS OR WARRANT
Attachment of Property of suspect absconding
Order to attach property
81(1) An order under section 80 of this Act shall authorize a public officer named in it to attach any property belonging to a suspect named in the order as the owner of the property within the area of jurisdiction of the Judge or Magistrate by seizure or in any other manner by which for the time being the property may be attached by way of civil process.
(2) Where, a suspect who is the subject of an order does not appear within the time specified in the public summons, the property under attachment shall be at the disposal of the court.
(3) Any property under attachment shall not be sold until the expiration of three months from the date of the attachment unless it is subject to speedy decay or the Judge or Magistrate considers that the sale would be for the benefit of the owner, in either of which cases the judge or Magistrate may cause it to be sold whenever he thinks fit.
Restoration of attached property
82.(1) Where within one year from the date of the attachment, a suspect, whose property is or has been at the disposal of the Court under section 80 of this Act, appears voluntarily or being arrested is brought before the Court and proves to its satisfaction that he:
(a) did not abscond or conceal himself for the purpose of avoiding execution of the warrant; and
(b) had no notice of the public summons or warrant as to enable him to attend within the time specified therein, that property, so far as . it has not been sold, and the net proceeds of any part of it which has been sold shall, after satisfying from the proceeds all costs incurred in consequence of the attachment, be delivered to him.
(2) Where, after one year from the date of attachment, the suspect whose property is attached or has been at the disposal of the court does not appear voluntarily, the property or the net proceed of its sale sha!1 be forfeited to the Federal or State Government as the case may .be.
Issue of warrant in lieu of or in addition to summons
(a) whether before or after the issue of the summons, the Court or Justice of the Peace sees reason to believe that the suspect has absconded or will not obey the summons; or
(b) at the time fixed for his appearance, the suspect fails to appear and the summons is proved to have been duly served in time to allow for his appearance and no reasonable excuse is offered for his failure to appear.
(2) A court or Justice of the Peace empowered by this Act to issue a warrant for the arrest of a suspect may issue a summons in place of a warrant where he thinks fit.
Power to take bond for appearance
Provisions of this Part generally applicable to Summons and Warrant
PART 8 – PROVISIONS RELATING TO CRIMINAL TRIALS AND INQUIRIES IN GENERAL
Application of Part 8
General authority to bring suspect before a court
Right of making complaint
(2) Notwithstanding anything to the contrary contained in any other law, a police officer may make a complaint in a case of assault even though the party aggrieved declines or refuses to make a complaint.
Form of complaint
89.(1) It is not necessary that a complaint shall be in writing, unless it is required to be so by the law on which it is founded, or by some other Jaw, and where a complaint is not made in writing, the court or registrar shall reduce it into writing.
(2) Subject to the provisions of section 54 of this Act, a complaint may, unless some law otherwise requires, be made without oath.
(3) A complaint may be made by the complainant in person, or by a legal practitioner representing him, or by any person authorized in writing in that behalf.
(4) A complaint shall be for one offence only, but the complaint shall no: be avoided by describing the offence, or any material act relating to it in alternative words according to the language of the law constituting suet offence.
(5) All complaints made to the court directly under this section may first be referred to the police for investigation before any action is taken by the court.
Form of documents in criminal proceedings
Rule as to statement of exception
Limitation of period for making a private complaint
PART 9 – PLACE OF TRIAL OR INQUIRY
Venue generally
93.(1) An offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction:
(a) the offence was wholly or in part committed, or some act forming part of the offence was done;
(b) the consequence of the offence has ensued;
(c) an offence was committed by reference to which the offence is denied; or
(d) a person against whom, or property in respect of which, the offence was committed is found, having been transported there by the suspect or by a person knowing of the offence.
(2) A criminal charge shall be filed and tried in the division where the alleged offence was committed unless it can be shown that it is convenient to do otherwise for security reasons.
(3) The Commissioner of Police shall ensure that one or more armed policemen are posted to provide security during every criminal trial.
Offence at sea of outside of Nigeria
Offence committed on a journey
Offence commenced and completed in different States
(a) is commenced in a State and completed in another State, or
(b) is completed in the Federal Capital Territory, Abuja after being commenced in another State,
the suspect may be dealt with, tried and punished as if the offence had been actually or wholly committed in any of the States, or Federal Capital Territory, Abuja.
Chief Judge to decide questions as to court of Inquiry or place of trial
Chief Judge may transfer case
98(1) The Chief Judge of a High Court may, where it appears to him that the transfer of a case will promote the ends of justice or wlll be in the interest of the public peace, transfer any case from one court to another.
(2) The power of the Chief Judge referred to in subsection ( 1) of this section shall not be exercised where the prosecution has called witnesses.
(3) Where the Chief Judge is to exercise this power subsequent to a petition, the Chief Judge shall cause the petition to be investigated by an independent body of not more than three reputable legal practitioners within one week of receipt of such petition.
(4) The investigating body shall submit its report within two weeks of appointment except otherwise specified.
When cases may be remitted to another court
(a) the offence ought to be properly inquired into or tried by another court; or
(b) in the opinion of the court, the offence ought to be conveniently inquired into or tried by another court, within a reasonable period not exceeding 7 days, send the case and all processes relating to the case to the head of court for re-assignment to that other court, and where appropriate, remand the suspect charged in custody or require him to give security for his attendance before that other court to answer the charges and to be dealt with accordingly.
Removal under Warrant
100.(1) Where a suspect is to be remanded in custody, a wan am shall be issued by the remitting court and that warrant shall be sufficient authority to any person to whom it is directed to:
(a) receive and detain the suspect named in the warrant; and
(b) produce him to the court to which the suspect charged is remitted.
(2) The person to whom the warrant is directed shall execute it according to its terms without any delay .
Transfer of case where cause of complaint has arisen out of jurisdiction
(a) in custody and the court directing a transfer thinks it expedient that the custody should be continued, or
(b) not in custody, that he should be placed in custody.
the court shall, by its warrant, commit the suspect to prison, subject to such security as it may deem appropriate in the circumstances, until he can be taken before a court wherein the cause of complaint arose.
Court may assume jurisdiction under certain conditions
102.(1)Notwithstanding the provisions of sections 93 arid 98 of this Act, a Judge or Magistrate of a division or district in which a suspect:
(a) is arrested and charged with an offence, alleged to have been committed in another division or district;
(b) is in custody on the charge; or
(c) has appeared in answer to summons lawfully issued charging the offence,
may, where he considers that justice would be better served and having regards to the accessibility and convenience of the witnesses, proceed to hear the charge, try and punish the suspect as if the offence had been committed in the division or district.
(2) The offence referred to in subsection (1) of this section shall, for all purposes, be deemed to have been committed in that division or district.
Assumption of jurisdiction after commencement of proceedings
PART 10 – POWERS OF THE ATTOMTEY-GENERAL
Information by the Attorney-General
104.(1) The Attorney-General of the Federation may prefer information in any court in respect of an offence created by an Act of the National Assembly.
(2) The Attorney-General of the Federation may authorize any other person to exercise any or all the powers conferred on him tinder this section.
Issuance of legal advice and other directives to Police
105.(1) The Attorney-General of the Federation may issue legal advice or such other directive to the Police or any other law enforcement agency in respect of an offence created by an Act of the National Assembly.
(2) Where any proceeding is pending in respect of the. offence for which legal advice or other direction referred to in subsection (1) of this section is given, a copy of the legal advice or direction shall be forwarded by the Attorney General of the Federation or Director of Public Prosecutions to the court before whom the proceeding is pending.
(3) The Attorney-General of the Federation may request from the Police or any other agency for the case file in any matter in respect of an offence created by an Act of the National Assembly and the Police or other agency shall immediately send the case file as requested.
Prosecution of Offences
(a) the Attorney-General of the Federation or a Law Officer in his Ministry or Department;
(b) a legal practitioner authorised by the Attorney-General of the Federation; or
(c) a legal practitioner authorized to prosecute by this Act or any other Act of the National Assembly.
PART 11 – CONTROL OF CRIMINAL PROCEEDINGS BY THE ATTORNEY—GENERAL
Discontinuance of Criminal cases
(2) Where the suspect:
(a) has been committed to prison, he shall be released; or
(b) is on bail, the recognizance shall be discharged.
(3) Where the suspect is not:
(a) before the court when the discontinuance is entered, the registrar or other proper officer of the court shall immediately cause notice in writing of the entry of the discontinuance to be given to the officer in charge of the prison or other place in which the suspect may be detained and the notice shall be sufficient authority to discharge the suspect; or
(b) in custody, the court shall immediately cause notice in writing to be given to the suspect and his sureties and shall in either case cause a similar notice in writing to be given to any witness bound over to prosecute.
(4) Where discontinuance is entered in accordance with the provisions of this section, the discharge of a suspect shall not operate as a bar to any subsequent proceeding against him on account of the same facts.
Withdrawals from prosecution in trials and inquiries before a court
108.(1) In any trial or proceeding before a court, a prosecutor may, or on the instruction of the Attorney-General of the Federation, in case of offence against an Act of the National Assembly, may, at any stage before judgment is pronounced, withdraw the charge against any defendant either generally or in respect of one or more of the offences with which the defendant is charged.
(2) On the withdrawal, where it is made:
(a) before the defendant is called upon to make his defence, he shall be discharged of the offence; and
(b) after the defendant is called upon to make his defence, he shall be acquitted of the offence.
(3) In any trial before a court in which the prosecutor withdraws in respect of the prosecution of an offence before the defendant is called upon to make his defence.. the court may, in its discretion, order the defendant to be acquitted if it is satisfied, on the merits of the case, that the order is a proper one, and when an order of , acquittal is made, the court shall endorse its reasons for making the order on the record.
(4) Where a private prosecutor withdraws from a prosecution for an offence under the provisions of this section, the court may, in its discretion, award costs against the prosecutor.
(5) A discharge of a defendant under this section does not operate as a bar to subsequent proceedings against him on account of the same facts, except as otherwise provided under this section.
PART 12 – INSTITUTION OF PROCEEDINGS
Different methods of instituting criminal proceedings
(a) in a Magistrates court, by a charge or a complaint whether or not on oath or upon receiving a First Information Report;
(b) in the High Court, by information of the Attorney-General of the Federation, subject to section 104 of this Act;
(c) by information or charge filed in the court after the defendant has been summarily committed for perjury by a court under the provisions of this Act;
(d) by information or charge filed in the court by any other prosecuting authority; or
(e) by information or charge filed by a private prosecutor SJ!bject to the provision of this Act.
Mode of instituting criminal proceedings in a Magistrate Court
(a) by bringing a suspect arrested without a warrant before the court on a charge contained in a charge sheet specifying the name, address, age, sex and occupation bf the suspect charged, the charge against him and the time and place where the offence is alleged to have been committed; and the charge sheets shall be signed by any of the persons mentioned in section I 06, of this Act;
(b) upon receiving a First Information Report for the commission of an offence for which the police are authorised to arrest without a warrant and which may be tried by the court within the jurisdiction where the police station is situate, the particulars in the report shall disclose the offence for which the complaint is brought and shall be signed by the police officer in charge of the case; or
(c) subject to the provision of section 89 of this Act, by complaint to the court, whether or not on oath, that an offence has been committed by a suspect whose presence the Magistrate has power to compel, and an application to the Magistrate, in the manner set out in this section for the .issue of either a summons directed to, or a warrant to arrest, the suspect.
(2) The charge sheet filed by the prosecution shall be served on the defendant within seven days of its being filed or such time as the court may allow.
(3) The trial of a charge preferred under subsection (]) (a) and (b) of this section shall commence not later than 30 days from the date of filing the charge, and the trial of the person brought under the charge shall be completed within a reasonable time.
(4) Where a charge is preferred under subsection (1) (a) and (b) of this section and the trial does not commence within 30 days of bringing the charge, or trial has commenced but has not been completed after 180 days of arraignment on that charge, the Court shall forward to the Chief Judge the particulars of the charge and reasons for failure to commence the trial or to complete the trial.
(5) A Court seized of criminal proceedings shall make quarterly returns of the particulars of all cases, including charges, remand and other proceedings commenced and dealt with in his Court within the quarter, to the Chief Judge.
(6) In reviewing the returns made by a Court under subsections (4) and (5) of this section, the Chief Judge shall have regard to the need to ensure that:
(a) criminal matters are speedily dealt with;
(b) congestion of cases in courts is drastically reduced;
(c) congestion of prisons is reduced to the barest minimum; and
(d) persons awaiting trial are, as far as possible, not detained in prison custody for a length of time beyond that prescribed in section 293 of this Act.
(7) The Administration of Criminal Justice Monitoring Committee, shall have power to consider all returns made to the Chief Judge under subsections (4) and (5) of this section for the purpose of ensuring expeditious disposal of cases, and the National Human Rights Commission set up under the National Human Rights Commission Act shall have access to the returns on request to the Chief Judge.
Returns by Comptroller-General of Prisons
111(1) The Comptroller-General of Prisons shall make returns every 90 days to the Chief Judge of the Federal High Court, Chief Judge of the Federal Capital Territory, the President of the National Industrial Court, the Chief Judge of the State in which the prison is situated and to the Attorney-General of the Federation of all persons awaiting trial held in custody in Nigerian prisons for a period beyond 180 days from the date of arraignment.
(2) The returns referred to in subsection (1) of this section shall be in a prescribed form and shall include:
(a) the name of the suspect held in custody or Awaiting Trial Persons;
(b) passport photograph of the suspect:
(c) the date of his arraignment or remand;
(d) the date of his admission to custody;
(e) the particulars of the offence with which be was charged;
(f) the courts before which he was arraigned;
(g) name of the prosecuting agency; and
(h) any other relevant information.
(3) Upon receipt of such return, the recipient shall take such steps as are necessary to address the issues raised in the return in furtherance of the objectives of this Act.
PART 13 – FIRST INFORMATION REPORT
Procedure for receiving complaint and first information report
(a) one for which the police are authorised to arrest without a warrant, and
(b) triable by a magistrate court within which jurisdiction the police station is situated,
the police shall, if the complaint is made orally, reduce the complaint or cause it to be reduced into writing in the Police Diary.
(2) The complaint, whether given in writing or orally shall be reduced in writing into the Police Diary and read or cause to be read over to the complainant and every such complaint shall be signed by the officer receiving the complaint.
(3) where on any other ground the officer in charge of a police station has reason to suspect the commission of an offence referred to in subsection (1 ), he shall enter or cause to be entered the grounds of his suspicion in a Police Diary.
(4) Where the officer is satisfied that no public interest may be served by prosecuting, he may refuse to accept the complaint provided that he notifies the complainant of his right to complain to a court under section 109 (a) of this Act.
(5) Notwithstanding the provision of subsection (2) of this section, the officer in charge of a police station may, if in his opinion the matter might more conveniently be inquired into by an officer in charge of another police station, refer the complaint to such other police station.
(6) After complying with the provisions of subsection G) of this section, the officer in charge of the police formation shall act as follows:
(a) he shall forthwith proceed to 1:1e scene and investigate the case and if the suspect is not in custody, take such steps as may be necessary for the discovery and arrest of the suspect or he may direct a police officer subordinate to him to do so and report to him;
(b) in cases involving death or serious injury to any person, the officer in charge of the police station shall arrange, if possible, for the person to be taken to the nearest hospital for such further examination as may be necessary;
(c) where the complaint is given against a person by name and the alleged offence is not of a serious nature, the officer in charge of a police formation need not make or direct investigation on the spot:
(d) in the cases mentioned in paragraph ( c) of this subsection, the officer in charge of the police station shall record in the book referred to in subsection (2) and in the First Information Report to the court his reason for not entering on an investigation or for not making or directing investigation on the spot or not investigating the case;
(e) where after the investigation, it appears that the complaints against the suspect are unfounded, the investigation shall be terminated and this fact shall be recorded in the Police Diary mentioned in subsection (2) of this section; and
(f) where the officer considers that the prosecution of the alleged offence will serve the public interest, the officer shall reduce the complaint into the prescribed form called First Information Report and the officer shall take the alleged suspect with the First Information Report before a Magistrate within whose jurisdiction the police station is situated.
(7) Where the suspect appears or is brought before the Magistrate court, the particulars of the offence of which be is accused shall be read to him and he shall be asked if he has any cause to show why he should not be tried by the Magistrate.
(8) Where upon hearing the information, the alleged suspect admits the commission of the offence contained in the First Information Report, his admission shall be recorded as near as possible in the words used by him and if he shows no sufficient cause why he should not be convicted, the Magistrate may convict him accordingly and in that case it shall not be necessary to frame a formal charge.
(9) Where the suspect denies the allegation against him and states that he intends to show cause why he should not be convicted, the Magistrate shall proceed to hear the complainant and take such evidence as may be produced in support of the prosecution and the suspect shall be at liberty to cross-examine the witnesses for the prosecution and if he so does, the prosecutor may re-examine the witnesses where necessary.
(10) Where the evidence referred to in subsection (9) of this section has been taken or at any stage of the case, the Magistrate is of the opinion that there is ground that the suspect has committed an offence triable under this part, which such Magistrate court is competent to try and which, in the opinion of the Magistrate. could be adequately punished, the Magistrate shall frame a charge stating the offence for which the suspect will either be tried by the court or direct that the suspect be tried in another Magistrate court.
(11) Where in the proceeding before a Magistrate court, the court, at any stage before judgment, is of the opinion that the case is one which ought to be tried by the High Court, he shall transfer the case along with the suspect to a High Court for trial upon a charge or information in accordance with the provisions of this Ad.
PART 14 – ENFORCING APPEARANCE OF SUSPECT
Compelling appearance of a suspect
Summons and Warrants
Making of complaint and issue of process
115(1) Subject to the provisions of section 89 of this Act, a person who believes from a reasonable or probable cause that an offence has been committed by another person whose appearance a Magistrate has power to compel, may make a complaint of the commission of the offence to a Magistrate who shall consider the allegations of the complainant and may:
(a) in his discretion, refuse to issue process and shall record his reasons for such refusal; or
(b) issue a summons or warrant as he shall deem fit to compel the attendance of the defendant before a Magistrate Court in the district.
(2) The Magistrate shall not refuse to issue a summons or warrant only because the alleged offence is one for which a suspect may be arrested without warrant.
PART 15 – ISSUE, FORM AND SERVICE OF SUMMONS
Issue and service
Issue of summons and its contents
Hearing by consent before return date of summons
Summons with immediate return date in special circumstances
Discretion in ex parte application
Summons to be in duplicate
Service of summons
Normal methods of effecting service
(a) an individual, to him personally; or
(b) a firm or corporation;
(i) to one of the partners,
(ii) to a director,
(iii) to the secretary,
(iv) to the chief agent within the jurisdiction,
(v) by leaving it at the principal place of business in Nigeria of the firm or corporation, or
(vi) to anyone having, at the time of service, control of the business of the firm;
(c) a Local Government Council, then m accordance with the Local Government Act or Law;
(d) the Nigeria Police Force, or the office of the Inspector-General of Police, to the Commissioner of Police of the Federal Capital Territory, Abuja or of the State;
(e) any Federal Government Ministry, Department or Agency, to the Attorney-General of the Federation or 10 the Legal Department of such Ministry, Department or Agency;
(f) any state Government Ministry, Department or Agency, to the Attorney-General of the State or to=the Legal Department of such Ministry, Department or Agency; or
(g) any arm of the armed forces, to the Director of Legal Services of the Service or Command concerned.
Service where persons summoned cannot be found
Service on public officers
(2) The officer in charge of the department shall, on receiving the summons, cause it to be served in the manner provided by section 123 (a) of this Act and shall return the duplicate to the court under his signature, with the endorsement required by section 115 of this Act, which signature shall be evidence of the service.
Service outside jurisdiction of court
Proof of service when serving officer not present
Receipt of service of summons
(2) Where service is not effected by delivering the summons to an individual but by some other method approved by this Act, the person effecting service shall endorse on the duplicate particulars of the method by which he effected service.
Persons refusing to sign receipt may be arrested
(a) arrested by the person serving the summons or any other person with powers of arrest under this Act and taken before the court which issued the summons: and
(b) detained in custody or committed to prison for such time not exceeding 14 days as the court may deem fit.
Proof of service
Summons disobeyed, warrant may be issued
Issues of warrant for suspect in the first instance
Application of sections 35 t o47 to such warrant
Warrant may be issued before or after return date of summons
Power to dispense with personal attendance of defendant in certain cases
(a) may dispense with the personal attendance of the defendant where the offence is punishable by fine or imprisonment or both; and
(b) shall dispense with personal attendance of the defendant where the offence is punishable by fine only if the defendant pleads guilty in writing or appears and so pleads by his legal practitioner.
(2) The Magistrate trying a case in which the presence of the defendant bas been dispensed with, may in his discretion, at any subsequent stage of the proceedings, direct the personal attendance of the defendant and where necessary, enforce the attendance by means of the issuance of a warrant to arrest the defendant and bring him before the court.
(3) Where a Magistrate imposes a fine on a defendant whose personal attendance has been dispensed with under this section, the Magistrate may at the same time direct that if the fine is not paid within a stated time, the amount shall be recovered by distress or that the defendant shall be imprisoned for a period calculated in accordance with the provisions contained in this Act for the non-payment of a fine.
(4) Where the attendance of a defendant is dispensed with and previous convictions are alleged against him not admitted in writing or through his legal practitioner, the court, may adjourn the proceedings and direct the personal attendance in the same manner as provided in subsection (2) of this section .
(5) Where the attendance of a defendant has been dispensed with, and his attendance is subsequently required, the cost of any adjournment for that purpose shall be borne by the defendant.
PART 16 – MISCELLANEOUS PROVISIONS REGARDING PROCESS
Irregularities in summons, warrant, service or arrest
(a) any irregularity, defect, or error in the summons or warrant, or
(b) the want of any complaint on oath; or
(c) any defect in the complaint, or any irregularity in the arrest or custody of the defendant.
Irregularities which vitiate proceedings
(a) attaches and sells property under section 80 of this Act
(b) demands security to keep the peace/ (c) demands security for good behaviour:
(d) discharges a person lawfully bound to be of good behavior,’
(e) cancels a bond to keep the peace;
(f) makes an order under section 72 of this Act as to a public nuisance;
(g) prohibits, under section 79 of this Act, the repetition or continuance of a public nuisance-
(h) tries an offender: or
(i) decides an appeal, the proceedings shall be void.
Variance between charge and complaint
Process valid notwithstanding death or vacation of office of person issuing
PART 17 -SAVING OF VALIDITY OF PROCESS
Validity of process warrant of commitment and warrant of distress.
(2) A warrant of distress shall not be held void by reason of any defect, where it is alleged that an order has been made and there is a good and valid ground to sustain the order, and a person acting under a warrant of distress is not deemed a trespasser from the beginning by reason of any defect in the warrant or of any irregularity in the execution of the warrant.
(3) This Act shall not prejudice the right of a person to compensation for any special damage caused by defect or irregularity in the execution of a warrant of distress.
General addresses of process for issue and execution
141.(1) In addition to the provisions of sections 36 and 40 of this Act in respect of warrants of arrest, all summonses, warrant of every description and process of whatever description shall be sufficiently addressed for service or. execution by being directed to the Sheriff.
(2) Notwithstanding the provisions of subsection (1) of this section, a warrant or summons may be addressed to a person by name or to an officer by his official designation.
(3) Where a warrant of arrest is addressed to the Sheriff the warrant may be executed by a police officer or officer of a court.
Certain provisions applicable to all summonses and warrants in criminal matters
PART 18 – SEARCH WARRANTS
Application for search warrant
Cases in which search warrants may be used
144.(1)Where a court or Justice of the Peace is satisfied by information on oath and in writing that there is reasonable ground for believing that there is in any building, ship, carriage, receptacle, motor vehicle, aircraft or place:
(a) anything upon or in respect of which any offence has been or is suspected to have been committed,
(b) anything which there is reasonable ground for believing will provide evidence as to the commission of an offence, or
(c) anything which there is reasonable ground for believing is intended to be used for the purpose of committing an offence,
the court or Justice of the Peace may at any time issue a warrant authorising an officer of the court, member of the police force, or other person named to act in accordance with subsection (2) of this section.
(2) A search warrant issued under subsection (1) of this section shall authorize the officer of the court, a police officer, or other person named to:
(a) search such building, ship, carriage, receptacle, motor vehicle, aircraft or place for any such thing, and to seize any such thing until further trial proceeding before the court issuing the search warrant or some other court to be dealt with according to law; and
(b) arrest the occupier of the house or place where the thing was found where the court deems fit to direct on the warrant.
Discharge of suspected person
Search warrant to be signed by Magistrate or Justice of the Peace
146.(1) A search warrant shall be under the hand by of the Judge, Magistrate or Justice of the Peace issuing it.
(2) A warrant shall remain in force until it is executed or cancelled by the court which issued it.
Search warrant to whom directed
Time when search warrant may be issued and executed
Person in charge of closed place to allow access
(2) Where access into the building, thing or place cannot be so obtained, the police officer or other person executing the search warrant may proceed in the manner prescribed by sections 9, 10, 12 and 13 of this Act.
(3) Where a suspect in or about the building, thing or place is reasonably suspected of concealing on his person an article for which search should be made, the suspect may be searched and where the suspect to be searched is a woman she shall be searched by another woman and may be taken to a police station for that purpose.
(4) A search under this Part shall, except the court or Justice of the Peace owing to the nature of the case otherwise directs, be made in the presence of two witnesses and the person to whom the search warrant is addressed may also provide a witness within the neighbourhood.
(5) A list of all things found on his person and seized shall be drawn up by the person carrying out the search and shall be signed or sealed by the person to whom the search warrant is addressed, the person executing the search warrant, the witnesses and a witnessed copy of the list shall be delivered to the person searched.
(6) Where a place to be searched is a building physically occupied by a woman who, according to custom or religion does not appear in public, the person making the search shall, before entering the building, give notice to the woman that she may withdraw and shall afford her every reasonable facility for withdrawing and may then enter the building.
Occupant of place searched may attend
Execution of search warrant outside jurisdiction
Magistrate may direct search in his presence
Detention of articles recovered
(2) A list of all things recovered in the course of search and of the places in which they are found shall be drawn up by the person carrying out the search in accordance with section 149 (5) of this Act and a copy of the list forwarded to the Judge, Magistrate or Justice of the Peace who issued the warrant for his information with indication as in the prescribed form set out in the First Schedule to this Act on the search warrant of the things:
(a) seized that are detained or caused to be detained; and
(b) that were seized but have been released to the owners.
(3) Where a defendant is charged to court with an offence or no appeal or further proceedings is pending in relation to an item recovered during a search, the police shall:
(a) restore to the person who appears to be entitled to them; and
(b) where he is the defendant, cause to be restored to him or to his legal practitioner or to such other person as the defendant may direct.
(4) The police or any other agency carrying out the search is authorised or required by law to dispose of the items seized in accordance with the provisions of section 153 of this Act, the police or agency shall release the proceeds of the disposal of the seized items to the person entitled to it.
(5) Any property or a part of the property may be applied to the payment of any cost or compensation directed by the court to be paid by the defendant, or person entitled to the property.
Perishable articles may be disposed of by court
Search fo rand disposal of gunpowder
Disposal of counterfeit currency and certain other things
Transmission to court of other State
PART 19-BAIL AND RECOGNIZANCES: GENERALLY
General entitlement to bail
Power of court to order person in custody to be brought before it
159.(1) Where 2 suspect or defendant is detained in a prison, police station or any other place of detention, the court may issue an order to the officer in charge of the prison,’ police station or other place to produce the suspect or defendant at the time and date specified in the order before the court.
(2) The court may, on production of the person or subsequently, make such order or give such directives, as it considers appropriate in the circumstances in accordance with the provisions of this Act.
Recognizance by parent or guardian of a child
(a) the charge is one of homicide;
(b) the offence charged is punishable with imprisonment for a term exceeding three years;
(c) it is necessary in the interest of the child to remove him from association with any reputed criminal or prostitute, release the child on a recognizance entered into by his parent or guardian, with or without sureties.
(2) The parents or guardian of the child shall execute a bond for such an amount as will in the opinion of the officer secure the attendance of the child for the hearing of the charge.
Bail where a person is charged with capital offence
(2) For the purpose of exercise of discretion in subsection (1) of this section, “exceptional circumstance” includes:
(a) ill health of the applicant which shall be confirmed and certified by a qualified medical practitioner employed in a Government hospital, provided that the suspect is able to prove that there are no medical facilities to take care of his illness by the authority detaining him;
(b) extraordinary delay in the investigation, arraignment and prosecution for a period exceeding one year; or
(c) any other circumstances that the Judge may, in the particular facts of the case, consider exceptional.
Bail where a defendant is charged with offence exceeding three years imprisonment
(a) where there is reasonable ground to believe that the defendant will, where released on bail, commit another offence;
(b) attempt to evade his trial;
(c) attempt to influence, interfere with, intimidate witnesses, and or interfere in the investigation of the case;
(d) attempt to conceal or destroy evidence;
(e) prejudice the proper investigation of the offence; or
(f) undermine or jeopardize the objectives or the purpose or the functioning of the criminal justice administration, including the bail system.
Bail where a defendant is charged with offence not exceeding three years imprisonment
Bail in respect of matters in other offences
Conditions for bail
(2) The court may require the deposit of a sum of money or other security as the court may specify from the defendant or his surety before the bail is approved.
(3) The money or security deposited shall be returned to the defendant or his surety or sureties, as the case may be, at the conclusion of the trial or on an application by the surety to the court to discharge his recognizance.
Recognizance in respect of a child
Sureties
(2) The defendant or his surety or sureties may be required to enter into recognizance, accordingly.
(3) A person shall not be denied, prevented or restricted from entering into a recognizance or standing as surety for any defendant or applicant on the ground only that the person is a woman.
Judge may vary bail fixed by magistrate or Police
(a) bail conditions required by a Magistrate’s court or police officer be reviewed; or
(b) defendant in custody in a State or in the Federal Capital Territory, Abuja be admitted to bail.
Reconsideration of bail
Before whom recognizance may be executed
(2) The recognizance as mentioned in subsection (1) of this section may be entered into by the parties before any other court, any registrar, superior police officer, officer in charge of a police station or any official in charge of a prison.
(3) Recognizance entered into as prescribed in subsection (2) of this section shall have the same effect as if they have been entered into before that court.
Release on execution of recognizance
(a) the defendant for whose appearance it has been entered into or security executed shall be released; and
(b) where be is in prison or police station or other place of detention, the court admitting him to bail shall immediately issue a written order of release to the official in charge of the prison or such other place of detention and the official on receipt of the order shall immediately release him.
(2) The release order or any process in relation to it may be served in accordance with the relevant law regulating service of processes in the court, or by such person or courier company as the Chief Judge may authorize to serve criminal processes of the court.
(3) Nothing in this section or in any other section relating to bail is deemed to require the release of a defendant liable to be detained for some matter other than that in respect of which the recognizance was entered into or to which the bail relates.
Mode of entering into recognizance
Continuous bail
173(1) Where a defendant is released on bail, the recognizance may be conditioned for his appearance at every time and place to which, during the course of the proceedings, the hearing may from time to time be adjourned.
(2) The court may, where the circumstances appear just:
(a) vary the order of release on bail of the defendant at any subsequent hearing; and
(b) at any subsequent stage of any proceeding, cause a defendant who has been released on bail to be arrested and be committed to custody:
Provided that the Judge shall state in his record the reason for the variation of the order or committal of the defendant.
(4) Nothing in this section or in any other section relating to bail is deemed to require the release of a defendant liable to be detained for some matter other than that in respect of which the recognizance was entered into or to which the bail relates.
Defendant bound by recognizance to appear before a court or police may be committed to prison
(a) is about to leave Nigeria, or
(b) for the purpose of evading justice, is about to leave or has left the division or district of the court before which he is to appear or in which he normally resides, the court may cause him to be arrested and may commit him to prison until the trial, unless the court considers it fit to admit him to bail on further recognizance.
Reconsideration of amount of bail on application by law officer or police
(a) on the circumstances being brought to its notice by a law officer or police officer, issue a warrant for the arrest of the defendant; and
(b) after giving him an opportunity of being heard, commit him 10 prison to await trial or admit him to bail for the same or an increased amount as the court may deem just.
Variation of a recognizance of surety unsuitable
(a) issue a summons or warrant for the appearance of the principal; and .
(b) on his coming to the court, order him to execute a fresh recognizance with other surety or sureties, as the case may be.
Discharge of sureties
(2) On an application under subsection (1) of this section, the court shall issue a warrant for the arrest of the defendant on whose behalf the recognizance was executed and on his appearance shall discharge the recognizance either wholly or so far as relates to the applicant and shall require the defendant to find other sufficient sureties or meet some other conditions and if he fails to do so, may make such order as it considers fit.
Order of fresh security upon original order
Forfeiture of recognizance
(2) Where sufficient cause is not shown and the penalty is not paid, the court may proceed to recover the penalty from a person bound, or from his estate if he is dead, in the manner laid down in this Act for the recovery of fines.
(3) A surety’s estate shall only be liable under this section if the surety dies after the recognizance is forfeited.
(4) When the penalty is not paid and cannot be recovered in the manner provided in this Act, the person bound shall be liable to imprisonment for a term not exceeding six months.
(5) The court may at its discretion remit any portion of the penalty and enforce payment in part only.
Mitigation of forfeiture
Where defendant fails to find surety
181 Where a defendant required by a court to find sufficient sureties fails to do so, the court, shall, unless it is just and proper in the circumstances, make some order in the case of a defendant:
(a) charged with an offence and released on bail, an order committing him to prison until he is brought to trial, discharged or finds sufficient sureties, or meets such other conditions as the court may direct in the circumstances; or
(b) ordered to give security for good behaviour, an order committing him to prison for the remainder of the period for which he was originally ordered to give security or until he finds sufficient sureties.
Forfeiture on conviction
(a) recognizance be forfeited; and
(b) persons bound by it, whether as principal or as sureties or any of those persons, shall pay the sums for which they are respectively bound.
(2) A certified copy of the judgment of the court by which the defendant was convicted of the offence may be used as evidence in proceedings under this section and, where the certified copy is so used, the court shall presume the defendant committed the offence until the contrary is proved.
Where recognizance forfeited warrant may be issued
Arrest on failure to appear
Payment on recognisance
Appeal
Registration of bonds persons
(2) A person shall not engage in the business of bail bond services without being duly registered and licensed in accordance with the subsection (1) of this section.
(3) A person who engages in bail bond services without registration and licence or in contravention of the regulation or terms of his licence is. liable to a fine of five hundred thousand naira or imprisonment for a term not exceeding 12 months or to both fine and imprisonment.
(4) On conviction under this section, the court shall forward a report to the Chief Judge and in instances of gross violation of the terms of the licence and revoke the licence.
(5) A bondsperson registered under subsection (1) of this section may undertake recognizance, act as surety, or guarantee the deposit of money as required by the bail condition of a defendant granted bail by the court within the division or district in which the bondsman is registered.
(6) A person or organisation shall not be registered as a bondsperson unless the person is, or the organisation is composed of persons of unquestionable character and integrity and deposits with the Chief Judge sufficient bank guarantee in such amount as may be determined by the Chief Judge in the regulation, having regard to the registered class or limit of the bondsman’s recognizance.
(7) A registered bondsperson shall maintain with a bank or insurance company designated in his licence, such fully paid deposit to the limit of the amount of bond or recognizance to which his licence permits him to undertake.
(8) The Chief Judge may withdraw the registration of a bondsperson who contravenes the terms of his licence.
Bondsperson may arrest absconding defendant or suspect
(a) immediately hand him over to the nearest police station; and
(b) the defendant arrested shall be taken to the appropriate court within 12 hours.
PART 20 – PROPERTY AND PERSONS
Methods of stating multiple ownership of property
(a) the property belongs to, or is in the possession of more than one person whether as partners in trade or otherwise, joint tenants, tenants in common or other joint owners or possessors, be described in the name of any one of those persons and another or persons;
(b) the property belongs to a company, association, club cir society, be described, subject to the provisions of any other Jaw, as the property of the official of the company, association, club or society, or as belonging to the company, association, club or society by its legal or registered title;
(c) the property belongs to, or is provided for the use of a public establishment; service or department, be describe as the property of the Federation or of the State, as the case may be;
(d) it is necessary to state the ownership of a church, chapel, mosque or building or place set apart for religious worship or of anything belonging to or being in the place, be stated as the property of a person in charge of or officiating in the church, chapel, mosque, or building or place, or thing, without naming him or them;
(e) it is necessary to state the ownership of any money or other property in the charge, custody, or under the control of, a public officer, be stated to be the money or property of the Federation or of the State, as the case may be;
(f) where it is necessary to state the ownership of:
(i) any work or building made, erected or maintained, either wholly or in part, at the expense of the public revenue or of any part of it,
(ii) any township, town, or village or any Local Government, or of anything belonging to or being in or used in relation .to the same,
(iii) anything provided for the use of any part or of any public institution or establishment, or of any materials or tools provided or used for repairing any work or building or any public road or highway, or
(iv) any other property whatsoever, whether movable or immovable, as aforesaid, be sufficient to state as the property of the Federation or of the State or of the town, or village, OT of any Local Government, as the case may be, without naming any of the inhabitants of the area or jurisdiction;
(g) the property belongs to a woman who has contracted a marriage under the Marriage Act or a marriage recognised as a valid marriage under any law in force in Nigeria, be stated as belonging to the married woman.
Description of persons in criminal process
(2) it shall not be necessary to state the person’s correct name, or his residence, degree, or occupation, so far as the person has been reasonably described to identify him.
(3) Where it is impracticable to give the person’s correct and exact description or designation because the name or the description or designation of the person is not known or for any other reason, the description or designation shall be given as is reasonably practicable- in the circumstances, or the person may, subject to subsection (4) of this section, be described as “Person Unknown”.
(4) A defendant who is accused of an offence shall not be described as “a person unknown” except in the case of a verdict found on a coroner’s inquisition.
Remedies of married woman against her husband and others in respect of her person or property
Husband and wife competent as witnesses
PART21-THE CHARGE
Forms of charges in second schedule to be used and adapted
Offence to be stated in charge
(2) Where the law creating the offence:
(a) gives it a specific name, the offence shall be described in the charge by that name only; and
(b) does no, give it a specific name, so much of the definition of the offence shall be stated as to give the defendant notice of the facts of the offence with which he is charged.
(3) The law, the section of the law and the punishment section of the law against which the offence is said to have been committed, shall be set out in the-charge.
Legal presumption of charge
Particulars of charge
(2) A charge sheet shall be filed with the photograph of the defendant and his finger print impression, provided that where the photograph and finger print impression are not available, it shall not invalidate the charge.
Charge of criminal breach of trust
Charge of criminal falsification of accounts
Charge may contain the manner in which the offence was committed
Sense of words used in charge
(2) Figures, expressions and abbreviation may be used for expressing anything which is commonly expressed by those figures, expression or abbreviation.
Description of property and joint owners
201.(1) The description of property in a charge shall be in ordinary language indicating with reasonable clearness the property referred to and where the property is so described it is not necessary, except when required for the purpose of describing an offence depending on any special ownership of property or special value of property, to name the person to whom. the property belongs or the value of the property.
(2) Where property is vested in more than one person and the owners of that property are referred to in the charge, foe property may be described as being owned i11 accordance with the appropriate pro-vision set out in section 1 89 of this Act.
(3) Where the owner of any property is a company, association, club or society, proof of the registration of the company, association, club or society shall not be required unless the court decides that proof shall be given, in which case, the further hearing may be adjourned for the purpose or the court may, in its discretion, amend the proceedings by substituting the name of some person or persons for the registered title.
Description of bank or currency notes
202.(1) Any bank or currency note may be described as money, and any averment as to money, regarding the description of the property, shall be sustained by proof of any amount of any bank or currency note, although the particular species of currency of which the amount was composed or the particular nature of the bank or currency note need not be proved.
(2) In a case of stealing and defrauding by false pretences, the bank or currency note may be described by proof that the defendant dishonestly appropriated or obtained any bank or currency note, or any portion of its value, although the bank or currency note may have been delivered to him in order that some part of its value should be returned to the party delivering it or to an)’ other person, and that part should have been returned accordingly.
Provision as to Statutory Offences
203.(1) Where a law constituting an offence states the offence to be the omission to do any one of different acts in the alternative, or the doing or the omission to do any act in any one of the different capacities, or with any one of the different intentions, or states any part of the offence in the alternative, the act, omission, capacity, or intention, or other matter stated in the alternative in the law, may be stated in the alternative in the charge.
(2) It shall not be necessary in any charge where the offence is one constituted by a law to negate any exception or exemption from or qualification to the operation of the law creating the offence.
Description of persons
Description of document
General rule as to description
Statement of intent
Defendants who may be charged jointly
(a) the same offence committed in the course of the same transaction;
(b) an offence and another of abetting or being accessory to or attempting to commit the same offence;
(c) more than one offence of the same or similar character, committed by them jointly;
(d) different offences committed in the course of the same transaction;
(e) offences which include theft, extortion or criminal misappropriation and another accused of receiving or retaining or assisting in the disposal or concealment of property, the possession of which has been transferred by offences committed by the first named persons, or of abetment of or attempting to commit any of the last named offences; and
(f) dishonestly receiving stolen property or assisting in concealment of stolen property, or in respect of stolen property the possession of which has been transferred by one offence, and another accused of offences committed during a fight or series of fights arising out of another fight, and persons accused of abetting any of these offences.
Separate charges for distinct offences
(a) any three offences committed by a defendant within 12 months whether or not they are of the same or similar character or whether or not they are in respect of the same person or persons;
(b) any number of the same type of offence committed by a defendant;
(c) any number of offence committed by a defendant in the course of the same transaction having regard to the proximity of the time and place, continuity of action and community of purpose; or
(d) cases mentioned in sections 210 to 215 of this Act
Attempt same as substantive offences
Trial for more than one offence
Offences falling within two definitions
Acts constituting one offence but constituting a different offence when combined
Where it is doubtful which offence has been committed
Incidental offences in the same transaction
PART22- ALTERATION OR AMENDMENT OF CHARGES
Alteration and amendment of charge by permission of court
(2) An alteration or amendment of a new charge shall be read and explained to the defendant and his plea to the amended or new charge shall be taken.
(3) Where a defendant is arraigned for trial on an imperfect or erroneous charge, the court may permit or direct the framing of a new charge, or an amendment to, or the alteration of the original charge.
(4) Where any defendant is committed for trial without a charge or with an imperfect or erroneous charge, the court may frame a charge or add or alter the charge as the case may be having regard to the provisions of this Act.
Procedure on alteration of charge
217.(1) Where a new charge is framed or alteration made to a charge under the provisions of section 216 of this Act, the court shall call on the defendant to plead to the new or altered charge as if he has been arraigned for the first time.
(2) The court shall proceed with the trial as if the new or altered charge had been the original charge.
When court may proceed with trial immediately after altering, adding to or framing charge
218.(1) Where the charge as revised under section 216 or 21 7 of this Act is such that proceeding immediately with the trial is not likely in the opinion of the court, to prejudice the defendant in his defence or the prosecutor, as the case may be, in the conduct of the case, the court may in its discretion forthwith proceed with the trial as if the charge so revised had been the original charge.
(2) Where a charge is so amended, a note of the order for amendment shall be endorsed on the charge, and the charge shall be treated, for the purpose of all proceedings in connection therewith, as having been filed in the amended form.
Recall of witnesses when charge is revised
Effect of error
Objection to a charge
Effect of material error
222.(1) Where an appellate court is of the opinion that a defendant convicted of an offence was misled in his defence by the absence of a charge, or by an error in the charge, which has occasioned a miscarriage of justice, it may direct that the trial be recommenced on another charge.
(2) Where the appellate court is of the opinion that the facts of the case are such that no valid charge could have been preferred against the defendant in respect of the facts proved, it shall quash the conviction.
PART 23 – CONVICTION WHEN CHARGED WITH ONE OF SEVERAL OFFENCES OR OF ANOTHER OFFENCE
Where defendant charged with one offence may be convicted of another
Full offence charged, attempt proved
Attempt charged, full offence proved
Liability as to further prosecution
On charge of an offence conviction as accessory after the fact to that or connected offence may follow
Defendant tried for lesser offence but a higher offence is proved
228.(1)Where on the trial of a defendant for a lesser offence it appears that the facts proved in evidence amount in law to a higher offence not charged, the defendant shall not by this reason be acquitted of the lesser offence.
(2) The defendant referred to in subsection (1) of this section is not liable afterwards to be prosecuted for the higher offence proved, but the court may in its discretion stop the trial of the lesser offence or direct that the defendant be charged and tried for the higher offence, in which case, the defendant may be dealt with in all respects as he had not been put to trial for the lesser offence.
(3) Where a charge is brought for the higher offence pursuant to this section, the defendant shall be tried before another court.
Conviction of kindred offences relating to property
Defendant charged with burglary may be convicted of kindred offence
On charges of rape conviction under defilement, incest, unnatural or indecent assault may follow
Procedure for trial on charge for certain offences
232.(1)A trial for the offences referred to in subsection (4) of this section may not, where the court so determines, be held in an open court.
(2) The names, addresses, telephone numbers and identity of the victims of such offences or witnesses shall not be disclosed in any record or report of the proceedings and it shall be sufficient to designate the names of the victims or witnesses with a combination of alphabets.
(3) Where in any proceeding the court deems it necessary to protect the identity of the victim or a witness, the court may take any or all of the following measures:
(a) receive evidence by video link;
(b) permit the witness to be screened or masked;
(c) receive written deposition of expert evidence; and
(d) any other measure that the court, considers appropriate m the circumstance.
(4) The provision of this section shall apply to:
(a) offences under section 231 of this Act;
(b) offences under the Terrorism (Prevention) (Amendment) Act;
(c) offences relating to Economic and Financial Crimes; (d) Trafficking in Persons and related offences; and
(e) any other offence in respect of which an Act of the National Assembly permits the use of such protective measures or as the Judge may consider appropriate in the circumstances.
(5) Any contravention of the provisions of subsection (2) of this section shall be an offence and liable on conviction to a minimum term of one year imprisonment.
On charge of Defilement Conviction of Indecent Assault may follow
Where murder or infanticide is charged and concealment of birth is proved
Where murder is charged and infanticide proved
235.(1)Where a defendant is charged and tried for the murder of a newly-born child and it appears on the evidence that the defendant was not guilty of murder but was guilty of infanticide, the defendant may be convicted of infanticide.
(2) Nothing in subsection (1) of this section prevents a defendant who is tried for the murder of a newly-born child from being:
(a) convicted of manslaughter;
(b) found guilty of concealment of birth; or
(c) acquitted on the ground that by virtue of an applicable law he was not criminally responsible, and dealt with accordingly or in accordance with this Act or any other law.
Where offence proved is not included in offence charged
236.(1)Where a defendant is charged with an offence consisting of several particulars, a combination of some of which constitutes a lesser offence in itself and the combination is proved but the remaining particulars are not proved, he may be convicted of, or plead guilty to the lesser offence although he was not charged with it.
(2) Where a defendant is charged with an offence and facts are proved which reduce it to a lesser offence, he may be convicted of the lesser offence although he was not charged with it.
Withdrawal of remaining charges on conviction on one of several charges
(2) A withdrawal has the effect of an acquittal on the charge or charges unless the conviction which has been had is set aside, in which case, subject to any order of the court setting aside such conviction, the court before which the withdrawal was made may, on the request of the prosecutor, proceed on the charge or charges withdrawn.
PART -24- PREVIOUS ACQUITTALS OR CONVICTION
Defendant convicted or acquitted not to be tried again for same or kindred offence
238.(1) Without prejudice to section 226 of this Act, a defendant charged with an offence is not liable to be tried for that offence where it is shown that he has previously been:
(a) convicted or acquitted of the same offence by a competent court;
(b) convicted or acquitted by a competent court on a charge on which he might have been convicted of the offence charged; or
(c) convicted for or acquitted of an offence by a competent court other than the offence charged, being an offence for which, apart from this section, he might be convicted by virtue of being charged with the offence charged.
(2) Nothing in subsection (1) of this section shall prejudice the operation of a law giving power to a court, on an appeal, to set aside a verdict or finding of another court and order a re-trial.
A defendant may be tried again on separate charge in certain cases
Consequences supervening or not known at previous trial
PART – 25 -WITNESSES: COMPELLING ATTENDANCE AND TAKING OF OATH OR MAKING OF AFFIRMATION
Issue of summons for witnesses
241.(1) The court may, on an application of the prosecution or the defence, issue a summon or writ of subpoena on a witness requiring him to attend court to give evidence in respect of the case, and to bring with him any specified documents or things and any other document or thing relating to them which may be in his possession or power or under his control.
(2) Where the prosecutor is not a public officer the person to whom the summons is addressed is not bound to attend unless his travelling expenses are paid to him.
Service of summons and other processes on witnesses
(2) The process server has the responsibility to effect due efficient service of witness summons, defendant’s production orders, writs and all other processes issued in the court in respect of all criminal matters.
(3) A summons shall be served on the person to whom it is directed in the same manner as is set out in section 122 or 123 of this Act or, with leave of the court, section 124 and sections 126 to 130 of this Act shall apply to the summons.
(4) Service of processes may be effected by registered reputable courier companies, recognised and authorised by the Chief Judge or President of the National Industrial Court in accordance with the provisions of this Act, and the registered courier companies may be assigned to a court with criminal jurisdiction as a process server in accordance with subsection (1) of this section.
(5) The Attorney-General of the Federation or a person so authorized by him or the police, may serve on a person whom the prosecutor wishes to call as witness, a witness summons or writ of subpoena.
(6) Proof of service of a process or document shall be endorsed by the process server effecting the service, and shall be filed in the court’s file.
Warrant for witness after summons
(a) attend court at the time and place indicated on the summons, and
(b) provide any reasonable excuse for his non-attendance,
then after proof that the summons was duly served on him, or that the person to be served wilfully avoids service, the court may issue a warrant to arrest and bring him before the court.
Issues of warrant
Mode of dealing with witness arrested under warrant
245.(1) A witness arrested under a warrant shall, if practicable and where the hearing of the case for which his evidence is required is fixed for a time which is more than 24 hours after the arrest, be taken before a Magistrate and the Magistrate:
(a) may, on the witness furnishing security by recognizance to the satisfaction of the Magistrate for his appearance at the hearing, order him to be released from custody: or
(b) shall, on the witness failing to furnish the security, order him to be detained for production at the hearing.
(2) The provisions of this Act relating to bail, summons and warrants in respect of the defendant shall apply to witnesses.
(3) A witness arrested or detained under this section shall not be kept in the same room or place as the defendant, if the defendant is in custody and the defendant shall not be allowed to make any contact with the witness.
Penalty on witnesses refusing to attend
(a) refuses or neglects, without reasonable cause, to attend court in compliance with the requirements of a summons duly served in the manner prescribed by law, or
(b) departs from the premises of the Court without the leave of the Judge or Magistrate hearing the case,
is liable on summary conviction, to a fine not exceeding N10,000.00 or to imprisonment for a term not exceeding two months.
(2) A complaint shall not be made for an offence under this section except by the order of the court made during the hearing of the case for which the evidence of the witness is required.
Non-attendance of witnesses on adjourned hearings
Persons in court may be required to give evidence though not summoned
Manner of taking oath or affirmation
Witnesses refusing to be sworn or produce documents
250.(1) When a person attending court and who is required to give evidence, without any sufficient excuse or reason:
(a) refuses to be sworn or to affirm as a witness;
(b) having been sworn or having taken affirmation refuses to answer any question put to him; or
(c) refuses or neglects to produce any document or anything which he is required by the court to produce,
the court may adjourn the hearing of the case and may in the meantime by warrant, commit the person to prison or other place of safe custody for a period not exceeding 30 days.
(2) Nothing in this section shall:
(a) affect the liability of the person to any other punishment for refusing or neglecting to do what is so required of him; or
(b) prevent the court from disposing of the case in the meantime according to any other sufficient evidence taken by it.
PART-26- WITESSES:EXPENSES
Expenses of witnesses for prosecution
Expenses of witnesses for the defence
Adjournment may be granted subject to witnesses’ costs
Ascertainment of witnesses expenses
PART 27 – EXAMINATION OF WITNESSES
Application of the Evidence Act
Power to call or recall witnesses
Certificate of certain Government technical officers
Right of reply
Public to have access to hearing
259.(1) Subject to the provisions of sections 232 and 260 to 262 of this Act and of any other law specifically relating thereto, the room or place in which a trial is to take place under this Act shall be an open court to which the public generally may have access as far as it can conveniently contain them.
(2) Notwithstanding the provisions of subsection (1) of this section, the Judge or Magistrate presiding over a trial may, in his discretion and subject to the provisions of section 260 of this Act, exclude the public at any stage of the hearing on the grounds of public policy, decency or expedience.
(3) Where the court is sitting in a place other than in a building, the authority given in subsection (2) of this section to exclude the public shall be construed as being authority to prevent the public approaching so near to where the court is sitting, as in the opinion of the Judge or Magistrate, to be able to hear what is taking place at the trial or be able to communicate with a person allowed to be present.
Court may exclude certain person while taking evidence of a child or young persons
(a) members or officers of the court, or
(b) parties to the case, their legal representatives or persons otherwise directly concerned in the case,
be excluded from the court during the tiling of the evidence of such person.
Order under section 259 or 260 not to apply to press and certain others
(a) authorise the exclusion of bona fide representatives of a newspaper news agency; or
(b) apply to messengers, clerks and other persons required to attend the court for purposes connected with their employment.
(2) Where an order is made, the Court shall record the grounds on which the order is taken.
Prohibition on children being present in court during the trial of other persons
(a) he is the defendant charged with the alleged offence; or
(b) his presence is required as a witness or otherwise for the purposes of justice in which event he may ‘remain for so long as his presence is necessary.
Visit by court to locus
(2) The defendant shall be present at the viewing of the place, person or thing concerned.
(3) At the locus, the court shall give directions as it may deem fit for the purpose of preventing communication between the witnesses and the defendant.
( 4) A breach of a direction given under subsection (3) of this section shall not affect the validity of the proceedings unless the court otherwise directs.
Determination of age
(a) the apparent physical appearance of the person concerned;
(b) any evidence, in relation to the age of the person concerned, received by the court in accordance with the provisions of the Evidence Act, the Child Rights Act, or any other Jaw in force.
(2) The evidence of a witness, who is not an expert within the meaning of section 68 of the Evidence Act, 2011, shall be admissible for the purpose of this section.
(3) An order or judgment of the court shall not be invalidated by any subsequent proof that the age of the person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of that person shall, for the purpose of this Act, be deemed to be the true age of that person.
Age in relation to offences
Presence of defendant at trial
(a) he misconducts himself in such a manner as to render his continuing presence impracticable or undesirable; or
(b) at the hearing of an interlocutory application.
Conduct of cases by legal practitioner for complainant or for defendant
267.(1) The complainant and defendant shall be entitled to conduct their cases by a legal practitioner or in person except in a trial for a capital offence or an offence
(2) Where the defendant is in custody or on remand, he shall be allowed access to his legal practitioner at all reasonable times.
(3) Where the defendant elects to defend himself in person, the court shall inform him of his rights within the trial and the consequences of his election.
(4) The Court shall ensure that the defendant is represented by a counsel in capital offences provided that a defendant who refuses to be represented by counsel shall, after being informed under section 349 (6) of this Act of the risks of defending himself in person, be deemed to have elected to defend himself in person and this shall not be a ground to void the trial.
General control of prosecution by the Attorney-General
268.(1) Where a private legal practitioner prosecutes on behalf of the Attorney-General of the Federation or a public officer prosecuting in his official capacity in any criminal proceeding, the private legal practitioner or public officer shall prosecute subject to such direction as may be given by the Attorney-General of the Federation.
(2) Where proceedings in respect of an offence are instituted by a police officer, it shall be in the name of the Inspector-General of Police or Commissioner of Police, as the case may be.
(3) Where a proceeding in respect of an offence is instituted on behalf of the Attorney• General of the Federation, it shall be in the name of the Federal Republic of Nigeria.
(4) The Attorney-General of the Federation may delegate to the Attorney-General of a State the powers conferred on him by this section either generally or with respect to any offence or class of offences and such offence shall be prosecuted in the name of the Federal Republic of Nigeria.
(5) Such powers so delegated to the Attorney-General of a State may be exercised directly by him or any officer in his Ministry or department .
Position in court
PART 28 – PLEA BARGAIN AND PLEA GENERALLY
Plea bargain guidelines
(a) receive and consider a plea bargain from a defendant charged with an offence either directly from that defendant or on his behalf; or
(b) offer a plea bargain to a defendant charged with an offence.
(2) The prosecution may enter into plea bargaining with the defendant, with the consent of the victim or his representative during or after the presentation of the evidence of the prosecution, but before the presentation of the evidence of the defence, provided that all of the following conditions are present:
(a) the evidence of the prosecution is insufficient to prove the offence charged beyond reasonable doubt;
(b) where the defendant has agreed to return the proceeds of the crime or make restitution to the victim or his representative; or
(c) where the defendant, in a case of conspiracy, has fully cooperated with the investigation and prosecution of the crime by providing relevant information for the successful prosecution of other offenders.
(3) Where the prosecutor is of the view that the offer or acceptance of a plea bargain is in the interest of justice, the public interest, public policy and the need to prevent abuse of legal process, he may offer or accept the plea bargain.
(4) The prosecutor and the defendant or his legal practitioner may, before the plea to the charge, enter into an agreement in respect of:
(a) the term of the plea bargain which may include the sentence recommended within the appropriate range of punishment stipulated for the offence or a plea of guilty by the defendant to the offence charged or a lesser offence of which he may be convicted on the charge; and
(b) an appropriate sentence to De imposed by the court where the defendant is convicted of the offence to which he intends to plead guilty.
(5) The prosecutor may only enter into an agreement contemplated in subsection (3) of this section:
(a) after consultation with the police responsible for the investigation of the case and the victim or his representative; and
(b) with due regard to the nature of and circumstances relating to the offence, the defendant and public interest;
Provided that in determining whether it is in the public interest to enter into a plea bargain, the prosecution shall weigh all relevant factors, including:
(i) the defendant’s willingness to cooperate in the investigation or prosecution of others,
(ii) the defendant’s history with respect to criminal activity,
(iii) the defendant’s remorse or contrition and his willingness to assume responsibility for his conduct.
(iv) the desirability of prompt and certain disposition of the case,
(v) the likelihood of obtaining a conviction at trial and the probable effect on witnesses,
(vi) the probable sentence or other consequences if the defendant is convicted,
(vii) the need to avoid delay in the disposition of other pending cases,
(viii) the expense of trial and appeal, and
(ix) the defendant’s willingness to make restitution or pay compensation to the victim where appropriate.
(6) The prosecution shall afford the victim or his representative the opportunity to make representations to the prosecutor regarding:
(a) the content of the agreement; and
(b) the inclusion in the agreement of a compensation or restitution order.
(7) An agreement between the parties contemplated in subsection (3) of this section shall be reduced to writing and shall:
(a) state that, before conclusion of the agreement, the defendant has been informed:
(i) that he has a right to remain silent,
(ii) of the consequences of not remaining silent, and
(iii) that he is not obliged to make any confession or admission that could be used in evidence against him;
(b) state fully, the terms of the agreement and any admission made;
(c) be signed by the prosecutor, the defendant, the legal practitioner and the interpreter, as the case may be; and
(d) a copy of the agreement forwarded to the Attorney-General of the Federation.
(8) The presiding judge or magistrate before whom the criminal proceedings are pending shall not participate in the discussion contemplated in subsection (3) of this section.
(9) Where a plea agreement is reached by the prosecution and the defence, ,the prosecutor shall inform the court that the parties have reached an agreement and the presiding judge or magistrate shall then inquire from the defendant to confirm the terms of the agreement.
(10) The presiding judge or magistrate shall ascertain whether the defendant admits the allegation in the charge to which he has pleaded guilty and whether he entered into the agreement voluntarily and without undue influence and may where:
(a) he is satisfied that the defendant is guilty of the offence to which he has pleaded guilty, convict the defendant on his plea of guilty to that offence, and shall award the compensation to. the victim in accordance with the term of the agreement which shall be delivered by the court in accordance with section 308 of this Act; or
(b) he is for any reason of the opinion that the defendant cannot be convicted of the offence in respect of which the agreement was reached and to which the defendant has pleaded guilty or that the agreement is in conflict with the defendant’s right referred to in subsection (6) of this section, he shall record a plea of not guilty in respect of such charge and order that the trial proceed.
(11) Where a defendant has been convicted under subsection (9) (a), the presiding judge or magistrate shall consider the sentence as agreed upon and where he is:
(a) satisfied that such sentence is an appropriate sentence, impose the sentence;
(b) of the view that he would have imposed a lesser sentence than the sentence agreed, impose the lesser sentence; or
(c) of the view that the offence requires a heavier sentence than the sentence agreed upon, he shall inform the defendant of such heavier sentence he considers to be appropriate.
(12) The presiding Judge or Magistrate shall make an order that any money, asset or property agreed to be forfeited under the plea bargain shall be transferred to and vest in the victim or his representative or any other person as may be appropriate or reasonably feasible
(13) Notwithstanding the provisions of the Sheriffs and Civil Process Act, the prosecutor shall take reasonable steps to ensure that any money, asset or property agreed to be forfeited or returned by the offender under a plea bargain are transferred to or vested in the victim, his representative or other person l awfully entitled to it.
(14) Any person who, wilfully and without just cause, obstructs or impedes the vesting or transfer of any money, asset or property under this Act, commits an offence and is liable on conviction to imprisonment for 7 years without an option of fine.
(15) Where the defendant has been informed of the heavier sentence as contemplated in subsection ( 11) ( c )of this section, the defendant may:
(a) abide by his plea of guilty as agreed upon and agree that, subject 10 the defendant’s right to lead evidence and to present argument relevant 10 sentencing, the presiding judge or magistrate proceed with the sentencing; or
(b) withdraw from his plea agreement, in which event the trial shall proceed de nova before another presiding judge or magistrate, as the case may be.
(16) Where a trial proceeds as contemplated under subsection (15) (a) or de nova before another presiding judge or magistrate as contemplated in subsection ( 15) (b):
(a) no references shall be made to the agreement;
(b) no admission contained therein or statements relating thereto shall be admissible against the defendant; and
(c) the prosecutor and the defendant may not enter into a similar plea and sentence agreement.
(17) Where a person is convicted and sentenced under the provisions of subsection (1) of this section, he shall not be charged or tried again on the same facts for the greater offence earlier charged to which he had pleaded to a lesser offence.
(18) The judgment of the court contemplated in subsection 10 (a) of this section shall be final and no appeal shall lie in any court against such judgment, except where fraud is alleged.
Plea to information or charge
(2) The defendant to be tried on a charge or an information shall be:
(a) brought before the court unfettered unless the court sees cause otherwise to order, and the charge or information shall be read over and explained to him to the satisfaction of the court by the registrar or other officer of the court; and
(b) called upon to plead instantly unless. where the person is entitled to service of the information, he objects to the non-service and where the court finds that he has not be been duly served.
(3) The court shall record the fact that it is satisfied that the defendant understands the charge or information read over and explained to him in. the language he understands, and shall record the plea of the defendant to the charge or information as nearly as possible in the words used by him.
Proof of previous conviction
Effect of plea of not guilty
Effect of plea of guilty
274.(1) Where a defendant pleads guilty to an offence with which he is charged, the court shall:
(a) record his plea as nearly as possible;
(b) invite the prosecution to state the fact of the case; and
(c) enquire from the defendant whether his plea of guilty is to the fact as stated by the prosecution;
(2) Where the court is satisfied that the defendant intends to admit the truth of all the essential elements of the offence for which he has pleaded guilty, the court shall convict and sentence him or make such order as may be necessary, unless there shall appear sufficient reason to the contrary.
(3) Where the defendant pleads guilty to a capital offence, a plea of not guilty shall be recorded for him.
Amending charge where defendant pleads guilty to offence not charged
Failure to plead due to malice or otherwise
(2) A plea entered under subsection (1) of this section shall have the same effect as if . the defendant actually pleaded to the charge.
(3) The Court may inquire into the mental state of the defendant and if the court is satisfied that the defendant is of sound mind, the court shall proceed with his trial.
(4) Where the court finds that the defendant is of unsound mind, the provisions of this Act in relation to persons of unsound mind shall apply.
Pleas: autrefois acquit or convict pardon
(a) by virtue of section 238 of this Act he is not liable to be tried for the offence with which he is charged; or
(b) he has obtained a pardon for his offence.
(2) Where either of the pleas under subsection (1) of this section is raised in any case and denied to be true in fact, the court shall determine whether such plea is true in fact or not.
(3) Where the Court holds that the facts alleged by the defendant do not prove the bail or requiring a greater amount, a court may, on application being made by the Attorney-General of the Federation, issue a warrant for the arrest of the defendant and, after giving the defendant an opportunity of being heard, may commit him to prison to await trial, or admit him to bail for the same or an increased amount.
PART 29 – PERSONS OF UNSOUND MIND
Procedure when defendant is suspected to be of unsound mind
278.(1) Where in the course of a criminal trial, the court has reason to suspect the mental capacity or soundness of mind of a defendant, by virtue of which he is unable to stand trial or defend himself, the Court shall order the medical examination of the defendant’s mental state or soundness of mind.
(2) An investigation under subsection (1) of this section may be held in the absence of – the defendant where the court is satisfied that owing to the state of the defendant’s mind it would be in the interests of the defendant or of other persons or in the interests of public decency that he should be absent.
(3) Where the Court is not satisfied that the defendant is capable of making his defence, the Court shall adjourn the trial or proceedings and shall remand the person for a period not exceeding 1 month to be detained for observation in some suitable place.
(4) A defendant detained in accordance with subsection (3) of this section shall be kept under observation by a medical officer during the period of his remand and before the expiration of that period, the medical officer shall:
(a) give to the court his opinion in writing as to the state of mind of that person; and
(b) where he is unable within the period to form any definite opinion, he shall so certify to the court and ask for a further remand and such further remand may extend to a period of3 months.
(5) Where further period of remand is granted under subsection (4) of this section, the case shall be fixed returnable by the court at the expiration of the period granted under subsection 4 (b) of this section.
(6) A court, before ‘which a defendant suspected to be of unsound mind is accused of any offence may, on the application of the Attorney-General of the Federation or a law officer made at any stage of the proceedings prior to the trial, order that the person be sent to an asylum or such other suitable place for observation.
(7) The medical officer in charge of the asylum or such other suitable place shall, within a period not exceeding 1 month in the first instance or on application to the court for a further period of 3 months, submit to the court a report in writing containing his opinion on the soundness of mind of the defendant.
Report from medical officer
2 79. Where the medical officer or such officer in charge of the asylum or other suitable place to which the defendant is referred for observation under the provisions of this section fails to submit a report as provided in section 278 (4) and (7) of this Act within the period stipulated in those sub sections, the court may discharge the person, or shall release him on bail in accordance with the provisions of this Act relating to bail.
Certificate of medical officer
(a) sound mind and capable of making his defence, the court shall, unless it is satisfied by the defence that the defendant is of unsound mind, proceed with the trial; or
(b) unsound mind and incapable of making his defence, the court shall, where it is satisfied of the fact, postpone the proceeding.
(2) The trial of the issue as to whether or not the defendant is of unsound mind and incapable of making his defence shall, where the finding is that he is . of sound mind and capable of making his defence, be deemed to be part of his trial before the court.
(3) The certificate of the medical officer who issued the certificate shall be admissible under this section even in the absence from court of the medical officer provided there is sufficient explanation for his absence.
(4) Where the defendant is certified to be of unsound mind and incapable of making his defence, it shall not be necessary for him to be present in court during proceedings under this section.
Release of defendant of unsound mind pending investigation or trial
281(1) Where a defendant is found to be of unsound mind and incapable of making his defence, if the offence charged is bailable by the court, it may in its discretion, release him on sufficient security being given:
(a) that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person; and
(b) for his appearance when required before the court or ( such officer as the court appoints in that behalf.
(2) Where a defendant is before a Magistrate charged with an offence which is bailable by a Judge but not by a Magistrate or where the offence is bailable by a Magistrate but the Magistrate refused to grant bail, the Magistrate shall inform the defendant of his right to apply to a Judge for bail.
(3) Where the offence charged is not bailable by the High Court or where a Judge has refused bail under subsection (1) of this section or after an application made under subsection (2) of this section or where sufficient security is not given or where no application is made for bail, the Judge shall report the case to the Attorney-General of the Federation, who, after consideration of the report may, in his discretion, order the defendant to be confined in a lunatic asylum or other suitable place of safe custody and the Judge shall give effect to the order.
(4) Where the order is not given within 2 months, the court may discharge the defendant or release him on bail on satisfaction that doing so will not endanger the life of the defendant or the life of anyone else.
(5) Pending the order of the Attorney-General of the Federation, the defendant, may be committed to an asylum or other suitable place of custody for safe custody.
Resumption of proceedings or trial
Resumption of proceedings after release under section 281
Where defendant appears to have been of unsound mind
Safe custody of defendant discharged
Order of the Attorney-General in pursuance to section 285
286.(1)The Attorney-General of the Federation may at his discretion order the defendant to be confined pursuance to section 285 in a mental health asylum, prison or other suitable place of safe custody.
(2) In exercising this discretion, the Attorney-General of the Federation shall ensure that the defendant is placed in such facility as to afford him adequate care at the expense of the State.
Observation of prisoners of unsound mind
Procedure when defendant of unsound mind is reported to be able to make his defence
Procedure where defendant of unsound mind is reported fit for discharge
289.(1) Where the medical officer of a prison or the medical officer attached to an asylum or other facility in which a defendant is confined under sections 281, 285 or 286 of this Act certifies that the defendant in his judgment may be discharged without the danger of him causing injury to himself or to any other person, the Attorney- General of the Federation may, on the receipt of that report, order the defendant to be discharged or to be detained in custody or in prison or to be in custody or be transferred to an asylum where he has not already been sent to an asylum.
(2) Where the Attorney-General of the Federation orders a defendant to be transferred to an asylum, he may appoint two medical officers to report on the state of mind of the defendant and on any other facts the court may require, and on receipt of the report, the court may order his discharge or detention as it thinks fit.
Transfer from one place of custody to another
Delivery of defendant of unsound mind to care of relative
291.(1)Where a relative or friend of a defendant confined under section 281 or 286 of this Act desires that the defendant be delivered over to his care and custody, the court may, on the application of the relative or friend and on his giving security to the satisfaction of the court that the defendant delivered shall be:
(a) properly taken care of; and
(c) prevented from doing injury to himself or to any other person,
in its discretion, order the defendant to be delivered to the relative or friend on condition that the defendant shall be produced for the inspection of such officer and at such times as the court may direct.
(2) Where a defendant delivered to a relative or friend under subsection (1) of this section is confined under the provisions of section 285 of this Act, the court may further require the relative or friend to give satisfactory security that if at any time it appears to the court that the defendant is capable of making his defence, the relative or friend shall produce the defendant for trial.
(3) Sections 281 and 287 of this Act shall apply, with necessary modifications, to a defendant delivered to the care and custody of a relative or friend under this section.
Removal to another State
PART 30-DETENTION TIME LIMITS
Application for remand or other interlocutory proceedings
First Schedule
(2) An application for remand under this section shall be made ex parte and shall:
(a) be made in the prescribed “Report and Request for Remand Form” as contained in Form 8, in the First Schedule to this Act; and First Schedule
(b) be verified on oath and contain reasons for the remand request.
A court may remand in prison custody
294.(1) Where the Court, after examining the reason for the arrest and for the request for remand in accordance with the provisions of section 293 of this Act, is satisfied that there is probable cause to remand the suspect pending the receipt of a copy of the legal advice from the Attorney-General of the Federation and arraignment of the suspect before the appropriate court, as . the case may be, may remand the suspect in custody.
(2) In considering whether “probable cause” has been established for the remand of a suspect pursuant to subsection (1) of this section, the court may take into consideration the following:
(a) the nature and seriousness of the alleged offence;
(b) reasonable grounds to suspect that the suspect has been involved in the commission of the alleged offence;
(c) reasonable grounds for believing that the suspect may abscond or commit further offence where he is not committed to custody; and
(d) any other circumstance of the case that justifies the request for remand.
Court may grant bail in remand proceedings
Time and protocol for remand orders
296(1) Where an order of remand of the suspect is made pursuant to section 293 of this Act, the order shall be for a period not exceeding 14 days in the first instance, and the case shall be returnable within the same period.
(2) Where on application in writing, good cause is shown why there should. be an extension of the remand period, the court may make an order for further remand of the suspect for a period not exceeding 14 days and make the proceedings returnable within the same period.
(3) Where the suspect is still in custody on remand at the expiration of the period provided for under subsection (1) or (2) of this section, the court may, on application of the suspect, grant bail in accordance with the provisions of sections 158 to 188 of this Act.
(4) At the expiration of the remand order made pursuant to subsection (1) or (2) of this section, and where the suspect is still remanded with his trial having not commenced, or charge having not been filed at the relevant court having jurisdiction, the court shall issue a hearing notice on:
(a) the Inspector-General of Police and the Attorney-General of the Federation,
(b) the Commissioner of Police of the state or of the Federal Capital Territory or the Attorney-General of the Federation, as the case may be, or
(d) any relevant authority in whose custody the suspect is or at whose instance the suspect is remanded, and adjourn the matter within a period not exceeding 14 days of the expiration of the period of remand order made under subsection (1) or (2) of this section,
to inquire as to the position of the case and for the Inspector-General of Police or the Commissioner of Police and the Attorney-General of the Federation to show cause why the suspect remanded should not be unconditionally released.
(5) Where the 1nspector-Genera1 of Police or the Commissioner of Police and the Attorney-General of the Federation show good cause pursuant to subsection (4) of this section and make a request to that effect, the court:
(a) may extend the remand of the suspect for a final period not exceeding 14 days for the suspect to be arraigned for trial before an appropriate court; and
(b) shall make the case returnable within the said period of 14 days from the date the hearing notice/was issued pursuant to subsection .(4) of this section.
(6) Where a good cause is not shown for the continued remand of the suspect pursuant to subsection ( 4) of this section, or where the suspect is still on remand custody after the expiration of the extended period under subsection (5), the court shall, with or without an application to that effect, discharge the suspect and the suspect shall be immediately released from custody.
(7) No further application for remand shall be entertained by any court after the proceeding in subsection ( 6) of this section.
When court may exercise power of remand
297.(1) The powers conferred on the court under this Part may be exercised by the court:
(a) whether the suspect remanded is present in court or not; and
(b) on its own motion or on application, including an application by a person in charge of the prison or other place of custody where the suspect remanded is detained.
(2) The legal advice of the Attorney-General of the Federation shall in all cases be copied to the court, and the court may act only on the copy of the advice to make any order that may be necessary in the circumstances.
(3) Where the legal advice of the Attorney-General of the Federation indicates that the suspect remanded has no case to answer, the court shall release the suspect immediately.
Court may bring up person remanded or make any order during remand
298.(1)During remand, the court may nevertheless order the suspect remanded to be brought before it.
(2) The court may order that the suspect remanded be transferred to a hospital, asylum or any suitable place for the purpose of giving him medical treatment, or may make any order that it considers necessary to make at any time during the remand period.
Place of remand
PART 31 – PRESENTATION OF CASE BY PROSECUTION AND DEFENCE
Presentation of case for prosecution
300.(1) After a plea of not guilty has been taken or no plea has been made, the prosecutor may open the case against the defendant stating shortly by what evidence he expects to prove the guilt of the defendant.
(2) The prosecutor shall then examine the witnesses for the prosecution who may be cross-examined by the defendant or his legal practitioner and thereafter re-examined by the prosecutor, where necessary.
Defendant’s case
No case submission at the instance of the court
No case submission by the defence and replies
(2) The defendant or his legal practitioner has the right to reply to any new point of law raised by the prosecutor, after which, the court shall give its ruling,
(3) In considering the application of the defendant under section 303, the court shall, in the exercise of its discretion, have regard to whether:
(a) an essential element of the offence has been proved;
(b) there is evidence linking the defendant with the commission of the offence with which he is charged;
(c) the evidence so far led is such that no reasonable court or tribunal would convict on it; and
(e) any other ground on which the court may find that a prima facie case has not been made out against the defendant for him to be called upon to answer.
Defence and prosecutor’s right of reply
304.(1) After the case for the prosecution is concluded, the defendant or the legal practitioner representing him, if any, is entitled to address the court at the commencement or conclusion of his case, as he deems fit, and if no witnesses have been called for the defence than the defendant himself or witnesses solely as to character of the defendant and no document is put in as evidence for the defence, the prosecution shall not be entitled to address the court a second time but if, in opening the case for the defence, the legal practitioner appearing for the defendant introduced a new matter without supporting it by evidence, the court in its discretion may allow the prosecution to reply.
(2) Where any witness, other than the defendant himself or witnesses solely as to the defendant’s character, is called or any document is put in as evidence for the defence, the legal practitioner appearing for the defendant is entitled after evidence has been adduced to address the court a second time on the whole case and the prosecution shall have a right of reply.
(3) The provisions of this section shall not affect the right of reply by a law officer.
Reference to Court of Appeal
(a) adjourn the trial until the question has been considered and decided,
(b) conclude the trial and postpone the verdict until such time as the question has been considered and decided, or
(c) conclude the trial and pass sentence but suspend execution until such time as the question has been considered and decided,
and in any such case the court in its discretion shall commit the defendant or convict to prison or admit him to bail in accordance with the provisions of Part 19 of this Act.
(2) When the question referred to in subsection (1) (a) of this section has been decided by the Court of Appeal, the Court shall:
(a) continue the trial or discharge the defendant; (b) acquit or convict the defendant; or
(c) order the execution of the sentence as the circumstance may require.
Stay of proceedings
Consideration of case by court and announcement of finding
(2) After the court has made its finding, the court shall pronounce that finding in the open court.
Judgment to be in writing
(2) The Magistrate, instead of writing the judgment, may record briefly in the book his decision or finding and his reason for the decision or finding, and then deliver an oral judgment.
Defendant to be discharged where found not guilty
Procedure on finding of guilty
(2) After the defendant has made his statement, if any, in mitigation of punishment the prosecution shall, unless such evidence has already been given, produce evidence of any previous conviction of the defendant.
Sentence and sentencing hearing
(2) The court shall, in pronouncing sentence, consider the following factors in addition to sections 239 and 240 of this Act.
(a) the objectives of sentencing, including the principles of reformation and deterrence;
(b) the interest of the victim, the convict and the community;
(c) appropriateness of non-custodial sentence or treatment m lieu of imprisonment; and
(d) previous conviction of the convict.
(3) A court, after conviction, shall take all necessary aggravating and mitigating evidence or information in respect of each convict that may guide it in deciding the nature and extent of sentence to pass on the convict in each particular case, even though the convicts were charged and tried together.
Recommendation for mercy
Conviction on other charges pending
(2) Where a desire is expressed under subsection (1) of this section and consent given, the court shall:
(a) make an entry to that effect on the record book;
(b) the prosecution shall state the facts of the case 111 accordance with section 300 of this Act.
(3) Where the other charge pending against the defendant is considered in accordance with subsections (1) and (2) of this section and sentence passed on the defendant with consideration or in respect of the other pending charge, the defendant shall not, subject to the provisions of sections 236 to 237 of this Act, or unless the conviction has been set aside, be liable to be charged or tried in respect of any such offence so taken into consideration.
Compensation to victim in judgment
314.(1) Notwithstanding the limit of its civil or criminal jurisdiction, a court has power, in delivering its judgment, to award to a victim commensurate compensation by the defendant or any other person or the State.
(2) The Court in considering the award of compensation to the victim may call for additional evidence to enable it determine the quantum of compensation to award in subsection (1) of this section.
Delivery of judgment when Judge or Magistrate is unavoidably absent
Warrant of commitment
Authority for carrying out sentence other than of death
Error of omission not to affect legality of act
(a) omission or error as to time and place; or
(c) defect in form in any order or warrant of commitment given under this Act,
shall be held to render void or unlawful an act done or intended to be done by virtue of the order or warrant if it is mentioned, or may be inferred, that it is founded on a conviction or judgment sufficient to sustain it.
PART 32 – COSTS, COMPENSATION, DAMAGES AND RESTITUTION
Power of court to order payment of expenses or compensation
319.(1) A court may, within the proceedings or while passing judgment, order the defendant or convict to pay a sum of money:
(a) as compensation to any person injured by the offence, irrespective of any other fine or other punishment that may be imposed or that is imposed on the defendant or convict, where substantial compensation is in the opinion of the court recoverable by civil suit;
(b) in compensating a bona fide purchaser for value without notice of the defect of the title in any property in respect of which the offence was committed and has been compelled to give it up; and
(c) in defraying expenses incurred on medical treatment of a victim injured by the convict in connection with the offence.
(2) Where the fine referred to in subsection (1) of this section is imposed in a case which is subject to appeal, no payment additional to the fine shall be made-before• the period allowed for presenting the appeal has elapsed or, where an appeal is presented, before the decision on the appeal.
(3) Order for cost or compensation may be made under this section irrespective of the fact that no fine has been imposed on the defendant in the judgment.
Payment to be taken into consideration in subsequent civil suit
(2) The pendency of criminal proceedings shall not be a bar to a civil action in respect of the same subject matter.
Power of court to order restitution
(a) in addition to or in lieu of any other penalty authorised by law, order the convict to make restitution or pay compensation to any victim of the. crime for which the offender was convicted, or to the victim’s estate’;” or
(b) order for the restitution or compensation for the loss or destruction of the Victim’s property and in so doing the court may direct the convict
(i) to return the property to the owner or to a person designated by the owner,
(ii) where the return of the property is impossible or impracticable, to pay an amount equal to the value of the property, or
(iii) where the property to be returned is inadequate or insufficient, to pay an amount equal to the property calculated on the basis of what is fair and just.
Cost against private prosecutor
322(1) The court may, in a proceeding instituted by a private prosecutor or on a summons or complaint of a private person, on acquittal of the defendant, order the private prosecutor or person to pay to the defendant such reasonable costs as the court may deem fit.
(2) In this section, “private prosecutor” does not include a person prosecuting on behalf of the State, a public officer prosecuting in his official capacity and a police officer.
Compensation in cases of false and vexatious accusation
323(1) Where a person causes the arrest, or arrest and charge of a defendant or defendants and it appears to the court that there was no sufficient ground for causing the arrest, or that the accusation is false, vexatious or frivolous, it may for reason recorded, order the person to pay reasonable compensation to the defendant or defendants arrested and charged.
(2) The court may, in default of payment of such compensation or any part of it, award a term of imprisonment against the person against whom the order was made, for any term not exceeding the term prescribed in respect of a like sum in the scale of imprisonment set out in this Act or the court may sentence the person to Community Service in accordance with section 462 of this Act.
(3) Subject to the provisions of the Constitution relating to appeals, a person against whom an order for payment of compensation is made under this section may appeal against the order as if he had been convicted after trial by the court that issued the order.
Injured person may refuse to accept compensation, but payment of compensation is bar to further liability
(2) Where the person receives the compensation or where the convict, having been ordered to pay compensation, suffers imprisonment for non-payment, the receipt of the compensation, or the undergoing of the imprisonment, as the case may be, shall act as a bar to any further action for the same injury.
(3) Before making an order for compensation under this Act, the court shall explain the full effect of this section to the person to whom compensation is payable.
Monies paid as compensation recoverable as fines
Warrant for levy of fine
326.(1) Where a convict is ordered to pay a fine, or a defendant is ordered to pay compensation to another person under section 319 of this Act, or a person is subject to recovery of penalty for forfeiture of a bond under this Act, the Court passing the sentence or making the order may, notwithstanding that, in default of the payment of the fine or compensation or penalty, the convict or defendant may be imprisoned, issue a warrant for the levy of the amount by any means permitted by law, including:
(a) the seizure and sale of any movable property belonging to the defendant or convict;
(b) the attachment-of any debt due to the defendant or convict; and
(c) subject to the provisions of the Land Use Act, the attachment and sale of any immovable property of the convict situated within the jurisdiction of the court.
(2) A warrant for seizure and sale of the movable property of a person under this section shall be addressed to the court within whose jurisdiction it is to be executed.
(3) Where execution of a warrant is to be enforced by attachment of debts or sale of immovable property, the warrant shall be sent for execution to any court competent to execute orders for the payment of money in civil suits and the court shall follow the procedure for the time being in force for the execution of such orders.
Powers of court when convict is sentenced to only fine
(a) allow time for payment of the fine;
(b) direct that the fine be paid by installments;
(c) postpone the issue of a warrant under section 326 of this Act;
(d) without postponing the issue of a warrant under section 326 of this Act, postpone the sale of any property seized under the warrant; or
(e) postpone the execution of the sentence of imprisonment in default of payment of the fine.
(2) An order made in the exercise of the powers referred to in subsection (1) of this section may be made subject to the convict giving such security as the court may consider fit, by means of a bond with or without sureties, in which case, the bond may be conditioned either for the payment of the fine in accordance with the order or for the appearance of the convict as required in the bond or both.
(3) The Court may also, in the exercise of the powers referred to in subsection (1) of this section, order that the execution of the sentence of imprisonment on a convict who has been committed to prison in default of payment of a fine, be suspended and, that he be released but only subject to the convict giving security as specified in subsection (2) of this section.
(4) Where the fine or any instalment of the fine is not paid in accordance with an order under this section, the authority making the order may enforce payment of the fine or of the balance outstanding, by any means authorised in this Act and may cause the offender to be arrested and may commit or recommit him. to prison under the, sentence of imprisonment in default of payment of the fine.
Wrongful conversion or detention of property and award of damages
328.(1)Where in a charge of an offence relating to property and the Court is of the opinion that the evidence is insufficient to support the charge, but that it establishes wrongful conversion or detention of property, the court may order that such property be restored and may also award reasonable damages to the person entitled to the property.
(2) The damages awarded under this section, shall be recovered in like manner, as prescribed in section 325 of this Act
PART 33 – CUSTODY, DISPOSAL, RESTORATION OF PROPERTY
Meaning of property
Order for custody and disposal of property pending trial
(a) may make such order as it thinks fit for the proper custody of that property pending the conclusion of the proceedings or trial; and
(b) where the property is subject to speedy decay, may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of, and the proceeds dealt with as the court may direct.
Order for disposal of property after trial
331.(1)Where any proceeding or trial in a criminal case is concluded, the court may make such order as it thinks fit, for the disposal by destruction, confiscation or delivery to a person appearing to be entitled to the possession or otherwise, of any movable property or document produced before it or in its custody or regarding which an offence appears to have been committed or which has been used for the commission of an offence.
(2) Notwithstanding that the trial, proceeding or an appeal is pending in respect of the case, the court may, in any case, make an order under the provisions of subsection (1) of this section for the delivery of any property, to a person appearing to be entitled to the possession of the property, on his executing a bond, with or without sureties, to the satisfaction of the court, undertaking to restore the property to the court.
(3) An order made under this section may be appealed against as if it is a decision in the final judgment of the court giving the direction.
Custody or sale of property
(2) Where no person establishes a right within six months from the date of forfeiture or confiscation of the property, the proceeds of the sale shall be paid into the Consolidated Revenue Fund of the Federation, Consolidated Revenue Fund of the State or any other appropriate account, as the case may be.
(3) Where an order is made under this section in a case which an appeal lies, the order shall riot, except when the property is livestock or is subject to speedy and natural decay, be carried out until the period allowed for presenting the appeal has passed or when the appeal is entered, until the disposal of the appeal.
PART 34 – SEIZURE, FORFEITURE, CONFISCATION AND DESTRUCTION OF INSTRUMENTALITY OF CRIME
Seizure of things intended to be used in commission of crime
(a) order the seizure of any instrument, material or thing which there is reason to believe is provided or prepared, or being prepared, with a view to the commission of an offence triable by the court; and
(b) direct the instrument, material or thing to be forfeited, confiscated, held or otherwise dealt with in the same manner as property under section 336 of this Act.
Destruction of seditious, prohibited or obscene publications and of obscene objects
334.(1) Upon a conviction for an offence relating to obscene publication, the court may order the confiscation and destruction of all the copies of the publication or thing, including those that remain in the possession or power of the convict.
(2) Upon arrest for an offence relating to adulterated or unfit food, drink or drug, the court may order the confiscation and destruction of the food, drink or drug, including such other adulterated or unfit items in the possession or power of the defendant.
Search warrant may be used to search for things subject to section 333 or 334
Restoration of possession of immovable property
336.(1) Where a defendant is convicted of an offence carried out by criminal force, and it appears to the court that by that force a victim has been dispossessed of any immovable property, the court may, where it deems fit, order the possession of the property to be restored to the victim.
(2) Ari order under this section shall not prejudice any right or interest to or in the immovable property which a victim, including the convict, may 1he able to establish in a civil suit.
Procedure on seizure of property taken during arrest or investigation or stolen
(2) Where the person entitled to the possession of property referred to in subsection (1) of this section is unknown, the court may detain it and shall issue a public notice specifying the articles of which the property consists and requiring any person who may have a claim to it, to appear before the court and establish his claim within six months from the date of the notice.
Procedure where owner of property seized is unknown
(2) At any time within six years from the date of the property coming into the possession of the police, the court may direct the property or the proceeds of the sale of the property to be delivered to any person proving his title to it, on payment by him, of any expenses incurred by the court in the matter.
Power to sell perishable property
Payment to innocent person of money found on defendant
(a) on the application of the purchaser; and
(b) on the restitution of the stolen property to the person entitled to the possession,
order that out of the money a sum not exceeding the price paid by the purchaser, shall be delivered to him.
Restitution and disposition of property found on defendant
(a) restored to the person who appears to the court to be entitled to it, and, where he is the person charged, that it be restored either to him or to such other person as he may direct; or
(b) applied to the payment of any costs or compensation directed to be paid by the defendant charged,
Restitution of stolen property
342.(1)Where a defendant is convicted of an offence relating to property, the court convicting him may order that the property or any part of it be restored to the person who appears to it to be the owner of it, either on payment or without payment by the owner, to the person in whose possession the property or any part of it then is, of any sum named in the order.
(2) This section does not apply to:
(a) a valuable security which has been paid or discharged in good faith by a person liable to pay or discharge the instrument; or
(b) a negotiable instrument which has been received in good faith by transfer or delivery by a person for a just and valuable consideration without notice or without any reasonable cause to suspect that it had been stolen.
Destruction of articles relating to counterfeiting where charge is laid
Destruction of articles relating to counterfeiting where no charge is laid
344.(1)Where a person comes into possession of a currency, which he believes to be counterfeit or which, in his opinion, is to be used for the purpose of making counterfeit currency, he may hand the currency or thing to any officer of the Central Bank of Nigeria designated by the Bank to receive it, or to any police officer not below the rank of an Inspector, and the officer of the Central Bank of Nigeria, or police officer if satisfied that the currency:
(a) is not counterfeit, or is not intended to be used for the purpose of making counterfeit currency shall return the currency or thing, as the case may be, to the person purporting to be the owner of it, if known, and
(b) is counterfeit or is intended to . be used for the purpose of making counterfeit currencies and if no charge is to be preferred against a person in connection with the currency or thing,
may destroy, or cause to be destroyed the currency or thing in such manner and by such persons as may be approved by the Central Bank of Nigeria.
(2) Notice of an action to be taken under subsection (1) (a) of this section shall have been given to the person who appears to be the owner of a currency, matter or thing, where the person is known and can easily be found, that the coin or thing will be destroyed at the end of a specified number of days unless the owner shows that the currency is not counterfeit or that the thing is not intended to be used for the purpose of making counterfeit currency.
(3) A reasonable time shall be allowed for the person to provide proof that the currency is not counterfeit or that the thing is not intended to be used for the purpose of making counterfeit currency and the person who alleges that he is the owner of or otherwise entitled to the currency or thing shall have no claim against the officer of the Central Bank of Nigeria, police officer or the Federal Government in respect of the coin or thing so destroyed.
Detention and destruction of counterfeit currency, etc.
345.(1)Subject to the provisions of this section, sections 343 and 344 of this Act shall apply in relation to notes purporting to be legal tender in Nigeria as those sections apply in relation to currency.
(2) Any currency, matter or thing shall not be destroyed by virtue of the provisions of this Part except:
(a) a court orders its destruction, in connection with a conviction for an offence;
(b) it appears to a magistrate court having jurisdiction in the place where the currency, matter or thing is for the time being situated; on an application made in accordance with rules of court, that the existence of the currency, matter or thing involves a breach of the law and the court makes an order for its forfeiture and destruction accordingly; or
(c) in the absence of a conviction for an offence in respect of the currency, matter or thing and any pending prosecution for the offence, and of an order or pending application for an order for its forfeiture, the currency, matter or thing:
(i) has been voluntarily surrendered by the person having possession of it, to the proper official of the Central Bank of Nigeria or a superior police officer, or
(ii) is discovered in a lodgement made with the Central Bank by a commercial bank.
Mode of dealing with forfeiture not pecuniary
PART 35 – SUMMARY PROCEDURE IN PERJURY
Summary procedure in perjury
347.(1) Where it appears to a court that a person has committed perjury in any proceeding before it, the court, subject to the provisions of subsection (2) of this section and in addition, in the case of a Magistrate, to subsection (3) of this section, may:
(a) commit him for trial on information of perjury and bind any person by recognizance to give evidence at his trial; or
(b) try him summarily for contempt of court and where he is found guilty, commit him to prison for a period not exceeding 6 months or fine him in such sum in accordance with the scale of fine in the Fourth Schedule to this Act.
Perjury
(2) Where a court decides to try a person summarily, under subsection (1) of this section, for contempt of court, the court shall:
(a) specify the perjury alleged and shall direct the attention of the person to be charged to the inconsistencies on which the charge is based; and
(b) require him to give his explanation to the inconsistencies and record the explanation.
(3) Where a court orders a person to be imprisoned or to pay a fine under subsection (1) of this section, it shall:
(a) not issue a warrant of commitment or make an order for imprisonment for non-payment of the fine but shall either remand the person or release him on a recognizance with or without sureties, to come up before the court when called upon; and
(b) immediately forward to the Chief Judge or such Judge as the Chief Judge may direct, a certified copy of the proceedings.
(4) The Chief Judge or Judge to whom a certified copy of the proceedings is forwarded pursuant to subsection (3) of this section:
(a) may, without hearing argument and in the absence of the person concerned, set aside or confirm the order or reduce the sentence of imprisonment or the amount of the fine; and
(b) shall inform the court immediately of his decision.
(5) Where the Chief Judge or Judge does not wholly set aside the court’s order, the court shall immediately issue its warrant of commitment or make the necessary order for payment of the fine in accordance with the terms of the Chief Judge or Judge’s order.
(6) An imprisonment or a fine ordered or imposed under this section is a bar to any other proceeding for the same offence except where the order of the court has been wholly set aside.
PART 36 – TRIALS AND SUMMARY TRIALS GENERALLY
Trials
(a) by the Attorney-General of the Federation or a law officer in his office;
(b) by the Attorney General of the State or a law officer in his office;
(c) by a Legal Officer of any prosecuting agency; (d) by a private prosecutor; or
(e) summarily, in accordance with the provisions of this Act.
(2) Trials shall be held in the Magistrate Court or any other court or tribunal exercising criminal jurisdiction in accordance with the provisions of this Act relating to summary trials.
Non-appearance and non-representation of legal practitioner
(a) inform him of his rights to a legal practitioner of his choice; and
(b) enquire from him, whether he wishes to engage his own legal practitioner, or a legal practitioner engaged for him by way of legal aid.
(2) Where the legal practitioner who had appeared on behalf of the defendant ceases to appear in court in two consecutive sessions of the Court, the Court shall enquire from the defendant if he wishes to engage on his own another legal practitioner or a legal practitioner engaged for him by way of legal aid ..
(3) Where the defendant wishes to engage another legal practitioner of his choice, the court shall allow him reasonable time but not exceeding 30 days to do so.
(4) Where the defendant fails, or is unable to secure a legal practitioner arranged by him after a reasonable time, the Court may direct that a legal practitioner arranged by way of legal aid to represent the defendant.
(5) The Court may assign to any legal practitioner ‘Whose place of practice is within the jurisdiction of the court, any case of a defendant who has no legal representation, and the legal practitioner shall undertake the defence of the defendant with all due diligence, in which case, the legal practitioner shall not pay any filing fee or service fee in respect of the case so assigned.
(6) Where the defendant chooses to represent himself, the court shall:
(a) inform him of all his rights under the Constitution of the Federal Republic of Nigeria, 1999 and under this Act; and
(b) indicate the fact of having so informed the defendant on the record, but a defendant charged with a capital offence or an offence punishable with life imprisonment shall not be allowed to represent and defend himself.
(7) A legal practitioner, other than a law officer, engaged in any matter shall be bound to conduct the case on behalf of the prosecution or defendant until final judgment, unless allowed for any special reason to cease from acting by the court of its own motion or upon application by the legal practitioner.
(8) Where a legal practitioner intends to disengage from a matter, he shall notify the court, not Jess than 3 days before the date fixed for hearing and such notice shall be served on the court and all parties.
When summary trials shall be held
350.(1) Trial shall be held summarily:
(a) in the High Court in respect of perjury;
(b) in respect of an offence which by an Act of the National Assembly is triable summarily; and
(c) in respect of a trial for an offence punishable with less than 3 years imprisonment in the Magistrate Court or tribunal.
(2) In a trial in the Magistrate Court or Tribunal, the prosecution shall, provide the defendant all materials that the prosecution intends to rely on at the trial, before or at the commencement of the trial.
Non-appearance of complainant
(2) Where the court receives a reasonable excuse for the non-appearance of the complainant or his representative or for other sufficient reason, it shall adjourn the hearing of the complaint to some future day on such terms as the Court may deem just.
Non-appearance of defendant
(a) satisfied that the summons, if any, has been duly served,’ may issue a warrant, called bench warrant for his arrest; or
(b) not satisfied that the summons has been duly served or where a warrant had been issued, in the first instance, for the arrest of the defendant,
shall adjourn the hearing of the case to some future day, in order that proper service may be effected or, until the defendant is arrested, as the case may be.
(2) Where the defendant is afterward arrested on a bench wan-ant, he shall be brought before the court immediately which may then commit him by warrant to prison or to such other place of safe custody as it deems fit, and order him to be brought before the court at a certain time and place.
(3) The complainant shall, by direction of the court, be served due notice of the time and place ordered under subsection (2) of this section.
(4) Where the Court, in exercise of its discretion, has granted bail to the defendant and the defendant, in disregard for the court orders, fails to surrender to the order of court or fails to attend court without reasonable explanation, the court shall continue with the trial in his absence and convict him unless the court sees reasons otherwise; provided that proceedings in the absence of the defendant shall take place after two adjournments or as the court may deem fit.
(5) The Court shall impose a sentence only when the defendant is arrested or surrenders to the custody of the court.
Non-appearance of both parties
353(1)Where the case is called and neither the prosecutor nor the defendant appears, or the defendant appears and the prosecutor does not appear, the court shall make such order as the justice of the case requires.
(2) The court may, in the order, include such direction as to the payment of costs as the court considers fit, and the payment of the costs may be as if it were a fine.
Appearance of both parties
Withdrawal of complaint
Manner of hearing
356.(1) At the commencement of the hearing, the court shall state, or cause to be stated to the defendant, the substance of the complaint, and shall ask h4TI whether he is guilty or not guilty.
(2) Where the defendant pleads guilty and the court is satisfied that he intends to admit the offence and shows no cause or no sufficient cause why sentence should not be passed, the court shall proceed to sentence.
(3) Where the defendant pleads not guilty, the court shall direct all witnesses to leave the court and upon the direction, the provisions of section 212 of the Evidence Act, shall apply, but failure to comply with the provisions of this subsection shall not invalidate the proceedings but would affect the weight of evidence given by that witness who fails to leave the court on the direction being given.
(4) Notwithstanding the provision of subsections (1 ), (2) and (3 ), in capital offences the court shall proceed with the trial irrespective of the plea by the defendant.
(5) The court shall then proceed:
(a) to hear the prosecutor and such witnesses as he may call and such other evidence as he may adduce in support of the charge;
(b) also to hear the defendant and such witnesses as he may call and such other evidence as he may adduce in his defence; and
(c) also, where the court deems fit, to hear such witnesses as the prosecutor may call in reply if the defendant has called any witness or given any evidence.
(6) The prosecutor and the defendant may put questions to each witness called by the other side and where the defendant gives evidence he may be cross-examined.
(7) Where the defendant is not represented by a legal practitioner, the court shall, at the close of the examination of each witness for the prosecution, ask the defendant whether he wishes to put any question to that witness, and shall record the defendant’s answer.
(8) The defendant shall take his plea in the dock, except the Judge directs otherwise.
Discharge of defendant when no case to answer
Defence
358.(1) At the close of the evidence in support of the charge, where it appears to the court that a prima facie case is made out against the defendant sufficiently to require him to make a defence, the court shall call on him for his defence and where the defendant is not represented by a legal practitioner, the court shall inform him of the alternatives open to him that he may:
(a) make a statement, without being sworn, from the place where he then is, in which case he will not be liable to cross-examination; or
(b) give evidence in the witness box, after being sworn as a witness;’ In which case he will be liable to cross-examination; or
(c) call any witness or adduce any other evidence in his defence.
(2) Where the defendant is represented by a legal practitioner, the court shall call on the legal practitioner to proceed with the defence.
Process for compelling production of evidence at instance of defendant
359.(1)The defendant may apply to the court to issue a process for compelling the attendance of a witness for the purpose of examination or the production of a document or any other thing.
(2) On an application by the defendant under subsection (1) of this section, the court shall issue the process unless for reasons to be recorded by it in writing it considers that the application is made for the purpose of vexation or delay or of defeating the aims of justice.
Saving as to Section 358 (a)
(a) called on the defendant for his defence;
(b) asked the defendant if he had any witness; and
(c) heard the defendant and his witnesses and other evidence, if any.
Evidence in reply
Power to take deposition in certain cases
(2) Where it appears to the court that a person who is seriously ill or hurt may not recover, but is able and willing to give material evidence relating to an offence and it is not practicable to take the evidence in accordance with the provisions of this Act, the Judge or Magistrate shall:
(a) take in writing the statement on oath or affirmation of the person and subscribe the statement and certify that it contains accurately the whole of the statement made by the person; and
(b) add a statement of his reason for taking the statement, the date and place when and where the statement was taken, and shall preserve the statement and file it for record.
(3) The court shall cause reasonable notice of the application to take the deposition-in accordance with subsections (1) and (2) of this section and of the time and place where it is to be taken to be served on the prosecutor and defendant and if the defendant, is in custody and his presence is required for the deposition, he shall be brought by the person in whose custody he is, to the place where the statement is to be taken, under an order in writing of the court.
When statement may be used in evidence
363.(1) A statement taken under section 362 of this Act may afterwards be used in evidence on the trial of a defendant accused of an offence to which the statement relates in accordance with the provisions of sections 46 of the Evidence Act.
(2) The signature and attestation of the Judge or Magistrate shall be sufficient prima facie proof of the content of the statement, and that the statement was taken in all respects according to law and the attestation and signature shall be admitted without further proof unless the court sees reason to doubt the genuineness.
Notes of evidence to be recorded electronically or in writing
364.(1) Without prejudice to section 348 (2) of this Act, court proceedings may be recorded electronically and verbatim such that at the end of each day’s proceeding a transcript of such recording shall be printed to enable certification or authentication by the Judge or Magistrate who conducted the proceedings.
(2) Where court proceedings are not recorded as stated in sub-section (1 ), the court shall in every case take notes in writing of the oral evidence it considers material, in a book to be kept for that purpose and the book shall be signed by the court at the conclusion of each day’s proceedings.
(3) The transcript of the recordings of the court shall be signed or otherwise authenticated by the presiding Judge at an adjournment of. the case or at the conclusion in a manner authorised from time to time by the Chief Judge in accordance with such condition as may be imposed by rules of court, and the signed transcript shall be taken as part of the record of the proceedings.
(4) A person is not entitled, as of right, to inspection of or to a copy of the record so kept except as may be expressly provided for by the rules of the court or by any other law.
(5) The record so kept or a copy of it purporting to be signed and certified as a true copy by the court shall, at all times, without further proof, be admitted as evidence of the proceedings as statement made by the witnesses.
Local inspection
Cross complaints
Joinder of complaints
Giving of decision upon conclusion of hearing
Power to bind parties to be of good behaviour
(2) A person who breaches an order made, pursuant to subsection (1) of this section, may be imprisoned for a term not exceeding three months in addition to any other punishment to which the person is liable.
(3) Before a binding order pursuant to subsection (1) of this section or an order for imprisonment or any other punishment under subsection (2) of this section is made, the person to be affected by the order shall be given an opportunity to be heard.
Effect of judgment of dismissal on merits, not on merits and without prejudice
370.(1)Where a charge is dismissed on merits, the dismissal has the same effect as an acquittal.
(2) Where a charge is dismissed but not on merits, or stated to be dismissal without prejudice, the dismissal does not have the same effect as an acquittal.
Summary trial of child by Magistrate
Power to remand
Law officer may require case to be adjourned or dealt with specially
373.(1) A law officer, in a case where a charge of an indictable offence is being proceeded with summarily by a Magistrate, may, at any time before judgment, request the Magistrate to deal with the case as one for trial on information.
(2) On receipt of the request, the Magistrate shall adjourn the proceeding until such a time as information or charge is filed in the High court, provided that the information shall be filed within a period of 3 0 days of the date the order granting the request.
(3) The Magistrate shall make the case returnable for a period not exceeding 32 days from the date of the grant of the request.
(4) Where at the end of the period of 30 days provided in subsection (2) of this section, the information or charge against the defendant has not been filed at the High Court, the Magistrate shall proceed on the return date to try the charge summarily where he has jurisdiction, or may make an order releasing the defendant on bail pending his arraignment on the informaticn.ror charge as requested by the law officer.
Adjournment for law officer’s decision
374.(1) Where a charge for an offence is being tried summarily by a Magistrate, he shall, at the request of a person in charge of the prosecution made at any time before judgment, adjourn the hearing of the charge for consultation with a law officer with a view to obtaining a request to proceed in accordance with section 373 of this Act.
(2) The request of the law officer so consulted shall be filed within 14 days of the date the Magistrate grants the request of the person prosecuting, failing which the Magistrate shall proceed to try and conclude the case summarily.
(3) Where the Magistrate grants an adjournment at a request under subsection (1) of this section, the adjournment shall not be for a period exceeding 15 days, and the Magistrate may grant the defendant bail.
Security for peace in cases tried summarily
375.(1) A defendant convicted of an offence tried summarily may, instead of, or in addition to any prescribed punishment, be ordered to enter into his own recognizance, with or without sureties, in such amount as the court thinks fit that he shall keep the peace and be of good behaviour for a reasonable period fixed by the court.
(2) The convict may be ordered to be imprisoned until the recognizance is entered into, but the imprisonment shall not:
(a) extend for a term longer than 1 year; and
(b) together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine for the offence which he was convicted.
Case files, legal advice and related proceedings
376(1) Where an offence for which the magistrate court has no jurisdiction to try is preferred against a defendant, the police shall at the end of investigation submit the original case file to the office of the Attorney-General of the Federation.
(2) The Attorney-General of the Federation shall, within 14 days of receipt of the police case, file, issue and serve his legal advice indicating whether or not there is a prima facie case against the defendant for which he can be prosecuted.
(3) Where the Attorney-General of the Federation is of the opinion, as contained in the legal advice, that the suspect has no prima facie case to answer, he shall serve a copy of the legal advice on the:
(a) police or the head of the police legal unit through whom the police case file was sent to the Attorney-General of the Federation;
(b) court before whom the suspect was remanded in prison, where he is in remand custody.-or before whom the suspect was granted bail, where he is on bail; and
(c) suspect in respect of whom legal advice is preferred through the prison authority, where the .suspect is remanded in custody, or through his legal representative, if any.
(4) Where the offence is one for which a magistrate court has jurisdiction to try, the prosecutor shall file the charge at the magistrate court, accompanied with:
(a) the list of witnesses;
(b) the list of exhibits;
(c) statements of the witnesses and of the defendant; and
(d) any report, document or material that the prosecution intends to rely on at the trial of the offence, but the prosecution may, with leave of the court, file and serve any additional document.
(5) The police or the officer in charge of the prison in which the suspect is remanded in custody shall on receipt of the legal advice, release the suspect immediately from detention where there is no case to answer.
(6) The court referred to in subsection (4) (b) of this section, shall, on receipt of the legal advice, dismiss the charge against the suspect and accordingly discharge the suspect.
(7) The Attorney-General of the Federation shall send a Law Officer in his office to the court where the order of remand was made and ensure the discharge of the remand order and of the suspect.
(8) Where the Attorney-General of the Federation is of the opinion, as contained in the legal advice, that the suspect has a prima facie case to answer, he shall file and serve the charge or information in accordance with the provisions of this Act.
(9) A form as prescribed in the First Schedule to this Act, indicating a desire to be represented by legal practitioner of his choice or by a legal practitioner from the Legal Aid Council or any other organisation providing free legal representation to defendants shall be attached to each legal advice for the purpose of endorsement by the person in respect of whom legal advice is preferred and against whom the information is filed.
(10) Where the defendant indicates in the form referred to in subsection (8) of this section that, he wishes to be represented by a legal practitioner of the Legal Aid Council or any other organisation providing free legal representation, he shall forward the form to the Chief Registrar of the court before whom the charge or information for his trial has been filed and the Chief Registrar shall, within 14 days of receipt of the form, ensure that a legal practitioner of the Legal Aid Council as stipulated under this subsection or any other organization providing free legal representation for the defendant, and by notice in writing inform the defendant of the particulars of the legal representation arranged for him.
(11) The Chief Register shall, upon getting the form, forward same to the Director-General of the Legal Aid Council or to the nearest Legal Aid Council office where the court is located.
PART 37 – TRIALS BY WAY OF INFORMATION
First Schedule – form of information
Contents of information
378.(1) An information shall contain:
(a) a description of the offence charged in the information or, where more than one offence is so charged, of each offence so charged, and each offence charged shall be set out in a separate paragraph known as count;
(b) a count of an information shall commence with a statement of offence charged.
(c) the statement of offence which shall, briefly describe the offence charged in ordinary language, avoiding where possible the use of technical terms and all the essential elements of the offence, and, where the offence charged is one created by a law, shall contain a reference to that law;
(d) the particulars of offence, which shall be set out in ordinary language;
(e) the law and section of the law against which the offence is alleged to have been committed; and
(f) where the law that creates the offence does not give it any specific name, such definition of the offence may be made to give the defendant notice of the offence with which he is charged.
(2) A charge is presumed to have fulfilled every condition required by law to constitute an offence but, where a law limits the particulars of an offence which are required to be given in an information, nothing in this subsection shall require any more particulars to be given than those so required.
(3) Where an information contains more than one count, the counts shall be numbered consecutively.
(4) The forms set out in the Third Schedule to this Act or forms conforming to them as nearly as possible may be used in the cases to which they are applicable.
(5) In other cases, forms to the like effect or conforming to them as nearly as may be used, where applicable.
(6) A statement of offence and the particulars of the offence may be varied according to the circumstances of each case.
Contents of information
(a) the proof of evidence, consisting of:
(i) the list of witnesses,
(ii) the list of exhibits to be tendered,
(iii) summary of statements of the witnesses,
(iv) copies of statement of the defendant,
(v) any other document, report, or material that the prosecution intends to use in support of its case at the trial,
(vi) particulars of bail or any recognizance, bond or cash deposit, if defendant is on bail,
(vii) particulars of place of custody, where the defendant is in custody,
(viii) particulars of any plea bargain arranged with the defendant;
(ix) particulars of any previous interlocutory proceedings, including remand proceedings, in respect of the charge, and
(x) any other relevant document as may be directed by the court; and
(b) a copy of the form for information on legal representation as provided under section 376(9) of this Act.
(2) The prosecution may at any time before judgment, file and serve notice of additional evidence.
(3) The-information and all accompanying processes shall be served on the defendant or his legal representative, if any.
Application of rules relating to charges
Filing of information
(a) the Attorney-General of the Federation or officers in his office;
(b) a public officer acting in his official capacity;
(c) a private legal practitioner authorised by the Attorney-General of the Federation; or
(d) a private person, provided the information is endorsed by. a law officer that he has seen such information and declined to prosecute at the public instance and the private person enters into a bond to prosecute diligently and to a logical conclusion.
Assignment of information and issuance of notice of trial
(2) On assigning the information, the court to which the information is assigned shall within 10 working days of the assignment issue notice of trial to the witnesses and defendants and a production warrant properly endorsed by the Judge in respect of.. the defendant charged, where he is in custody, for the purpose of ensuring his appearance on the date of arraignment, and the Chief Registrar shall ensure the prompt service of the notice and information not more than 3 days from the date they are issued.
(3) Where the defendant named in the information is in custody, the notice of trial and the information shall be delivered to him through the officer in charge of the prison in which he is detained, and the warrant for his production shall be served on the officer of the prison.
(4) Where the defendant is not in custody, the notice of trial and the information shall be served on him personally.
(5) Where it is impossible or impracticable to effect personal service of the notice of trial and information on the defendant, they may be served on him, with leave of court, through his legal practitioner, if any, or on his surety or sureties, or on an adult in his household or in such other manner as the court shall deem fit and the service shall be deemed to be duly served on the defendant.
(6) Nothing in this section shall prevent the defendant from being tried by reason only that the notice of trial and the information were served on him less than 3 days before the date of trial, where he consents to being so tried.
Information by private person
383(1)The registrar shall receive an information from a private legal practitioner where:
(a) the information is endorsed by the Attorney-General of the Federation or a law officer acting on his behalf stating that he has seen the information and has declined to prosecute the offence set out in the information; and
(b) the private legal practitioner shall enter into a recognizance in:
(i) such sum as may be fixed by the court, with a surety, to prosecute the information to conclusion from the time the defendant shall be required to appear,
(ii) pay such costs as may be ordered by the court, or
(iii) deposit in the registry of the court, such sum of money as the court may fix.
(2) Where an application for consent to prosecute is made to the Attorney-General of the Federation by a private legal practitioner and the Attorney-General declines to grant such consent, he shall give his reasons for doing so in writing within 15 working days from the date of the receipt of the application.
Conditions for private prosecutors
Venue
Change of venue
(a) where a cause is commenced in any other division than that in which it ought to have been commenced, it may, notwithstanding, be tried in that division in which it was commenced, but where the defendant objects, the court may, where it considers the objection reasonable, transfer the case to the proper division in which it ought to have been commenced; and
(b) the prosecutor or the defendant may, whenever be considers that the ends of justice so require in any case, apply to the court either to transfer the bearing from one division to another or from one part of the division to another part of the same division.
(c) no appeal shall lie from any order of transfer made under this section.
Effect of change of venue
Form of notice of trial
Copy of information and notice of trial to be delivered to Sheriff
Time and mode of summoning parties on information
Service of notice of trial on witnesses
Registered courier companies may serve processes
Return of service
Warrant where defendant does not appear
Law officer or legal practitioner for State and defence in capital cases
Time for raising certain objections day-to-day trial and adjournments
(2) After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before judgement provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgement.
(3) Upon arraignment, the trial of the defendant shall proceed from day-to-day until the conclusion of the trial.
(4) Where day-to-day trial is impracticable after arraignment, no party shall be entitled to more than five adjournments from arraignment to final judgment provided that the interval between each adjournment shall not exceed 14 working days.
(5) Where it is impracticable to conclude a criminal proceeding after the parties have exhausted their five adjournments each, the interval between one adjournments to another shall not exceed seven days inclusive of weekends
(6) In all circumstances, the court may award reasonable costs in order to discourage frivolous adjournments.
(7) Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose. of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time:
Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.
Attendance of witness bound by recognizance to attend
Warrant for arrest of witness not attending on recognizance
Warrant for arrest of witness disobeying summons
Fine for non-attendance of witness
PART 38 – PROVISIONS RELATING TO SENTENCE OF DEATH
Construction of provisions relating to punishments
(2) In determining a sentence, the court shall have the following objectives in mind, and may decide in each case the objectives that are more appropriate or even possible:
(a) prevention, that is, the objective of persuading the convict to give up committing offence in the future, because the consequences of crime is unpleasant;
(b) restraint, that is, the objective of keeping the convict from committing more offence by isolating him from society;
(c) rehabilitation, that is, the objective of providing the convict with treatment or training that will make him into a reformed citizen;
(d) deterrence, that is, the objective of warning others not to commit offence by making an example of the convict;
(e) education of the public, that is, the objective of making a clear distinction between good and bad conduct by punishing bad conduct;
(f) retribution, that is, the objective of giving the convict the punishment he deserves, and giving the society or the victim revenge; and
(g) restitution, that is, the objective of compensating the victim or family of the victim of the offence.
Death
(2) Sentence of death shall be pronounced by the court in the following form:
“The sentence of the court upon you is that you be hanged by the neck until you are dead or by lethal injection.”
How death sentence is to be carried out
Sentencing in the case of pregnancy
Sentencing in the case of a child offender
Authority for detention of convict
Judge’s certificate of death sentence to be sufficient and full authority for execution of convict unless he is pardoned or reprieved
Steps to be taken by the Registrar
(a) hand two copies of the certificate issued by the .Judge under the provisions of section 407 of this Act to the Commissioner of Police, one copy of which shall be retained by the Commissioner of Police and the other handed to the superintendent or other officer in charge of the prison in which the convict is to be confined;
(b) transmit to the Sheriff one copy of the certificate; and
(c) file one copy of the certificate with the record of the proceedings in the case.
Convict may send request to committee on prerogative of mercy
(a) has been sentenced to death and has exercised his legal rights of appeal against the conviction and sentence, and the conviction and sentence have not been quashed or the sentence, has not been reduced, or has failed to exercise his legal rights of appeal or having filed an application for leave to appeal, or an appellant has failed to perfect or prosecute the application or appeal within the time prescribed by law; or
(b) desires to have his case considered by the Committee on Prerogative of Mercy, he shall forward his request through his legal practitioner or officer in charge of the Prison in which he is confined to the Committee on Prerogative of Mercy.
(2) The Committee on Prerogative of Mercy shall consider the request and make their report to the Council of State which shall advice the President.
State at which President is to consider report
410.(1) The President shall, after considering the report made under section 409 of this Act, if any, and after obtaining the advice of the Council of State, decide whether or not to recommend that the sentence should be commuted to imprisonment for life, or that the sentence should be commuted to any specific period, or that the convict should be otherwise pardoned or reprieved.
(2) Where, for the purposes of subsection (1) of this section, the Council of State is required to advise the President in relation to any person sentenced to death, the Attorney-General of the Federation shall cause a record of the case to be prepared and submitted to the Council of State, and the Council of State shall, in giving its advice, have regard to the matters set out in that record.
Where a pardon or reprieve is granted
411(1) Where the President decides that the sentence should be commuted or that the convict should be otherwise pardoned or reprieved, he shall issue an order, one copy of which shall be sent to the superintendent or other officer in charge of the prison in which the convict is confined, and another copy of which shall be sent to the Sheriff, directing that the execution shall not be carried out.
(2) The recommendation may be that the convict shall be imprisoned or be released, subject in either case to such conditions, if any, as may be specified.
(3) The Sheriff and the superintendent -or other officer in charge of the prison in which the convict is confined shall comply with, and give effect to every order issued under the provisions of subsections (1) and (2) of this section.
Copy of order to be sent to Judge
412 The Attorney-General of the Federation shall communicate the decision referred to in section 411 (1) and (2) of this Act to the Judge who presided over the trial or to his successor in office sending to such Judge a copy of his order and such Judge shall cause the order to be entered in the record of the court.
Where pardon or reprieve is not granted –
413(1) Where the President decides that the sentence should not be commuted or that the convict should not be pardoned or reprieved, the order of the President shall be duly signed by him and sealed as in one of the forms set out in the Fourth Schedule to this Act or as near to it as circumstances permit.
(2) The order of the President:
(a) shall state the place and time, where and when the execution is to be and give directions as to the place of burial of the body; or
(b) may direct that the execution shall take place at such time and such place and the body of the convict executed shall be buried at such place as shall be appointed by some officer specified in the order.
(3) When the place or time of execution or the place of burial is appointed by some person and is not stated in the order of the President, the specified officer shall endorse on the order over his signature the place and time of execution and place of burial.
Copy of order to be sent to prison official
PART 39 – PROCEDURE WHERE WOMAN CONVICTED OF CAPITAL OFFENCE IS ALLEGED TO BE PREGNANT
Procedure where woman convicted of capital is alleged to be pregnant or who becomes pregnant
(2) The question whether the woman is pregnant or not shall be determined by the court on such evidence as may be presented to the court by the woman or on her behalf or by the prosecutor.
(3) Where in proceedings under this section the court finds that the woman in question is not pregnant, the court shall pronounce sentence of death upon her.
(4) Where in the proceedings under this section, the court finds the woman in question to be pregnant, the court shall sentence her to death subject to the provision of section 404 of this Act.
PART 40 – SENTENCING GENERALLY OTHER THAN CAPITAL SENTENCE
Court to determine term of imprisonment
416 (1) On conviction, a court may sentence the convict to a term of imprisonment as prescribed by the law.
(2) In exercising its discretion of sentencing or review of sentence, the court shall take into consideration the following factors, in addition to the provisions of section 401 of this Act
(a) each case shall be treated on its own merit;
(b) the objectives of sentencing, including the principles of reformation, shall be borne in mind in sentencing a convict;
(c) an appeal court may, in a proper case, reduce the sentence imposed by the trial court, especially where it is excessive or based on wrong principles, or an appeal court may increase the sentence imposed by the trial court especially where it is inadequate;
(d) a trial court shall not pass the maximum sentence on a first offender;
(e) the period spent in prison custody awaiting or undergoing trial shall be considered and computed in sentencing a convict;
(f) trial court shall conduct an inquiry into the convict’s antecedents before sentencing;
(g) it may be desirable to adjourn for sentencing in order to have time to consider any evidence adduced at the sentencing hearing in accordance with section 311 of this Act;
(h) where there is doubt as to whether the defendant or convict has attained the age of 18, the court should resolve the doubt in his favour;
(i) a defendant may not be given consecutive sentences for two or more offences committed in the same transaction;
(j) an appeal court may not increase the sentence of a lower court beyond the maximum number of years the lower court has power to impose; and
(k) sentencing to a term of imprisonment shall apply only to those offenders who should be isolated from society and with whom other forms of punishment have failed or is likely to fail.
Power to order detention for one day in precincts of court
(2) The court shall, before making an order of detention under this section, take into consideration the distance between the place of detention and the convict’s abode, where his abode is known to or ascertained by the court, the court shall not make an order of detention under this section as will deprive the convict of a reasonable opportunity of returning to his abode on the day on which the order of detention is made.
Consecutive sentence of imprisonment
418.(1) Where a sentence of imprisonment is passed on a convict by a court, it may order that the sentence shall commence at the expiration of any term of imprisonment to which that convict has been previously sentenced by a competent court in Nigeria.
(2) Where two or more sentences passed by a magistrate court are ordered to run consecutively, the aggregate term of imprisonment shall not exceed 4 years of the limit of jurisdiction of the adjudicating Magistrate.
Date from which sentence commences
Default in payment of fine
(2) In the case of a conviction in a magistrate court:
(a) the amount of the fine shall be at the discretion of the court but shall not exceed the maximum fine authorised to be imposed by the Magistrate or under the law by virtue of which he was appointed a Magistrate; and
Fourth Schedule
(b) a term of imprisonment imposed in default of payment of the fine shall not exceed the maximum fixed in relation to the amount of the fine by the scale specified in the Fourth Schedule of this Act.
(3) In no case shall any term of imprisonment imposed in default of payment of a fine which has been imposed by virtue of the power in that behalf contained in subsection (1) of this section, exceed the maximum term authorised as a punishment for the offence by the law.
(4) The provisions of this section do not apply in a case where a law provides a minimum period of imprisonment to be imposed for the commission of an offence.
Execution of sentence on escaped convict
Fine in default of imprisonment
(a) imprisonment as well as fine, and sentenced to pay a fine, whether with or without imprisonment, or
(b) imprisonment or fine, and sentenced to pay a fine,
may be ordered to serve imprisonment, in default of payment of the fine, for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced.
General provision on review of sums of amount
(2) Such provisions as may be reviewed and effective date shall be published in the Gazette.
General power of awarding imprisonment in default of payment of penalty
Scale of imprisonment for non-payment of money ordered to be paid
Limitation of imprisonment in default of payment of fine
Payment and allocation of fines and fees
(2) Where a fine is imposed, the payment of the court fees and other legal expenses payable in the case, up to and including conviction, shall not be taken into consideration in fixing the amount of the fine or be imposed in addition to the fine, but the amount of the fine or of such part as may be paid or recovered, shall be applied as follows:
(a) in the first instance, in the payment to the informant or complainant of any court or other fees paid by him and ordered by the court to be repaid to him;
(b) in the second instance, the payment of any outstanding court fee not already paid by the informant or complainant which may be payable under rules of court; and
(c) the balance, if any, remaining after the payments have been made shall be paid into general revenue of the Federation.
Power to commit defendant in certain cases
(a) issue a warrant of commitment;
(b) allow time for the payment of the said sum; and
(c) direct that the defendant liable to pay the said sum shall be at liberty to give, to the satisfaction of the court, security, either with or without a surety or sureties, for the payment of the said sum or any instalment.
Allowance of further time and payment by instalments
(2) Where a sum of money is directed to be paid by installments and default is made in the payment of any one installment, the same proceedings may be taken as if default has been made in, the payment of all the installments then remaining unpaid.
(3) Where before the expiration of the time allowed, the convict surrenders himself to the court having jurisdiction to issue a warrant of commitment in respect of the non-payment of the sum and. states that he prefers immediate committal to awaiting the expiration of the time allowed, the court may, if it thinks fit, issue a warrant committing him to prison.
(4) A warrant of commitment issued under the provisions of this section may be executed on any day, including a Sunday or a public holiday.
Payment of penalty to person executing warrant
Commencement of imprisonment pursuant to a warrant
Varying or discharging order for sureties
(a) reduce the amount for which it was ordered that the surety or sureties
(b) dispense with the surety or sureties; or
(c) otherwise deal with the case as the court may think just.
Right of person imprisoned in default to be released on paying sum and effect of part payment
(2) In a case where under subsection (1) of this section a sum has been received in part satisfaction of a sum due from a prisoner in consequence of the conviction of the court, the sum shall be applied:
(a) firstly, towards the payment in full or in part of any cost or damages or compensation which the court may have ordered to be paid to the complainant; and
(b) secondly, towards the payment of the fine, if any, imposed on the prisoner.
(3) Subject to the provisions of subsection -(2) of this section, where an amount is paid towards a fine:
(a) the imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which the person is committed as the sum so paid towards the fine bears to the amount of the fine for which the person is liable; and
(b) the superintendent or other officer in charge of a prison in which a person who has made the part payment is confined shall, as soon as practicable thereafter, take the person before a court which shall:
(i) certify the amount by which the term of imprisonment originally awarded is reduced by such payment in part satisfaction, and
(ii) make such order as the circumstances require:
(4) Where, in the opinion of the superintendent or other officer, the delay occasioned by taking the person before a court is such that the person will be detained beyond the date on which he should, by reason of the part payment, be released, the superintendent or other officer may release the person on the day which appears to the superintendent or other officer to be the correct day, endorse the warrant accordingly and shall, as soon as practicable thereafter, inform the court of the action taken and the court• shall make such order or record as the court may consider to be required in the circumstances.
(5) In-reckoning:
(a) the number of days by which a term of imprisonment would be reduced under this section, the first day of imprisonment shall not be taken into account; and
(b) the sum which will secure the reduction of a term of imprisonment, fractions of a naira shall be omitted.
Fines may be ordered to be recoverable by distress
(a) order the fine or penalty to be recoverable by distress; and
(b) in default of the distress satisfying the amount of the fine or penalty, order that the convict be imprisoned, in accordance with the scale set out in the Fourth Schedule to this Act.
Warrant of distress
Procedure on the execution of distress warrant
(a) a warrant of distress shall be executed by or under the direction of the Sheriff;
(b) where the person charged with the execution of the warrant is prevented from executing the warrant by the fastening of doors or otherwise, the Magistrate may, by writing under his hand endorsed on the warrant, authorize him to use such force as may be necessary to enable him execute the warrant;
(c) the wearing apparel and bedding of the person and of his family, and to the value ofN20,000.00, the tools and implements of his trade, shall not be taken;
(d) except as provided in paragraph (e) of this subsection and so far as the person on whose movable property the distress is levied consents in writing to an earlier sale, the goods distrained on shall be sold at public auction not less than 5 days and not more than 14 days after the making of the distress, but where consent in writing is so given, the sale may be in accordance with the consent;
(e) subject to paragraph (d) of this section, the goods distrained shall be sold within the time fixed by the warrant, unless the sum or charges, if any, of taking and keeping the goods distrained, for which the warrant was issued are sooner paid;
(f) where a person charged with the execution of a warrant of distress:
(i) wilfully retains from the proceeds any property sold to satisfy the distress, or
(ii) otherwise exacts any greater costs or charges than those to which he is, for the time being, entitled by law or makes any improper charge,
he is liable, on summary conviction before a Magistrate, to a penalty not exceeding N20,000.00, but nothing in this paragraph shall affect the liability of the person to be prosecuted and punished for extortion, or for the return of the sum of money or value of the item extorted, by the person;
(g) a written account of the costs and charges incurred in respect of the execution of a warrant of distress shall, as soon as practicable, be delivered by the person charged with the execution of the warrant to the court, and the convict on whose movable property the distress was levied may,- at any time within one month after the making of the distress, inspect the account, without payment of any fee or reward, at any time during office hours and to take a copy of the account;
(h) a person charged with the execution of a warrant of distress shall sell the distress or cause the distress to be sold, and may deduct out of the amount realized by the sale all costs and charges actually incurred in effecting the sale, and shall pay to the court or to some person specified by the court, the remainder of the amount, in order that:
(i) the amount may be applied in payment of the sum for which the warrant was issued, and of the proper costs and charges of the execution of the warrant, and
(ii) the surplus, if any, may be rendered to the person on whose movable property the distress was levied.
Part payment to reduce period of imprisonment in proportion
PART 41 – DETENTION IN A SAFE CUSTODY OR SUITABLE PLACE OTHER THAN PRISON OR MENTAL HEALTH ASYLUM
Conditions attached to detention in a safe custody or suitable place other than prison or mental asylum
438(1) Where a person is ordered to be detained in a safe custody or suitable place other than prison or mental health asylum, he is, notwithstanding anything in this Act or in any other law, liable to be detained in a prison or asylum or such other place as custody or suitable provided under this Act or any law as the Attorney-General of the Federation may place other than direct and whilst so detained shall be deemed to be in legal custody.
(2) A person detained in a safe custody or suitable place other than prison or mental health asylum may at any time be discharged by the Attorney-General of the Federation on licence.
(3) The Attorney-General of the Federation may at any time revoke or vary a licence and where a licence has been revoked, the person to whom the licence relates shall proceed to such place as the Attorney-General of the Federation may direct and if he fails to do so may be arrested without warrant and taken to the place.
PART 42-DEPORTATION
Meaning of deport
Court may recommend deportation for offences punishable by imprisonment without option
Court may recommend deportation for offences punishable by imprisonment without option
Deportation in default of security for the peace
Deportation in case of dangerous conduct
(a) is conducting or has conducted himself so as to be dangerous to peace and good order,
(b) is endeavouring or has endeavoured to excite enmity between any section of the people of the Federal Republic of Nigeria, or
(c) is intriguing or has intrigued against constituted power and authority in Nigeria, the court may recommend to the Minister of Interior that he be deported.
Procedure prior to court recommending deportation under sections 441 and 442
443.(1) Where a defendant required to give security under sections 441 and 442 of this Act, default in so doing and the court contemplates on recommending to the Minister of Interior, the deportation of a defendant to whom section 442 of this Act relates, before making any such recommendation, the court shall require the defendant concerned to attend before the court and being informed of the allegations made against him, be given an opportunity to show cause why he should not be deported.
(2) After considering the representation, if any, of the person concerned and the facts on which the proceedings. are founded, the court shall decide whether or not to recommend to the Minister of Interior that the person concerned be deported.
Procedure for recommendation of deportation under sections 441, 442, and 443
Detention of person concerned
Order of deportation
Minister of Interior may withhold Order and remit case to court
Citizens of Nigeria not to be deported
Provisions as to sentence of deportation
Deportation Order may be limited
Execution of Deportation Order
451(1) An order of deportation shall be sufficient authority ‘tb all persons to whom it is directed or delivered for execution to receive and detain the defendant named in the order and to take him to the place named in the order.
(2) Where a defendant leaves or attempts to leave the district or place to which he has been confined prior to deportation while the order of deportation is still in force, without the written consent of the Minister of Interior which consent shall be given subject to any term as to security for good behaviour or otherwise as the Minister of Interior shall deem fit, or wilfully neglects or refuses to report himself as ordered, such person is liable to imprisonment for 6 months and to be again deported on a fresh warrant under the original order or under a new order.
PART 43 – CHILD OFFENDERS
Procedure for trying child offenders
(2) Notwithstanding subsection (1) of this section, the provisions of this Act relating to bail shall apply to bail proceedings of a child offender.
PART 44 -PROBATION AND NON-CUSTODIAL ALTERNATIVES
Meaning of Probation Order
Conditional release of defendant and payment of compensation for loss of injury and of costs
(a) the character, antecedents, age, health, or mental condition of the defendant charged,
(b) the trivial nature of the offence, or
(c) the extenuating circumstances under which the offence was committed,
it is inexpedient to inflict a punishment or any order than a nominal punishment or that it is expedient to release the defendant on probation, the court may, without proceeding to conviction, make an order specified in subsection (2) of this section.
(2) The court may make an order under subsection (1) of this section:
(a) dismissing the charge; or
(b) discharging the defendant conditionally on his entering into a recognizance, with or without sureties, to be of good behaviour and to appear at any time during such period not exceeding 3 years as may be specified in the order.
(3) The court may in addition to an order under subsection (2) of this section, order:
(a) the defendant to pay such damages for injury or compensation for any loss suffered by a person by reason of the conduct or omission of the defendant, and to pay such costs of the proceedings as the court thinks reasonable; and
(b) the parent. or guardian of the defendant to pay the damages and costs specified in paragraph (a) of this subsection, where the defendant has not attained the age of 18 years and it appears to the court that the parent or guardian of the defendant has conduced to the commission of the offence.
(4) Where an order is made under this section, the order:
(a) for the purpose of reinvesting or restoring stolen property and of enabling the court to make orders as to the restitution or delivery of property to the owner, and
(b) as to the payment of money upon, or m connection with, such restitution or delivery,
shall have the like effect as a conviction.
Probation Orders and conditions of recognizance
(2) A recognizance under this Part may contain such additional conditions with respect to residence, abstention from intoxicating substance and any other matter as the court may,. having. regard to the particular circumstances of the case, consider necessary for preventing a repetition of the same offence or the commission of other offences.
(3) The court by which :a probation. order is made shall furnish to the defendant a notice in writing stating in simple terms the conditions he is required to observe.
Relieving probation officer of his duties
Duties of probation officers
(a) where the person on probation is not actually with the probation officer, visit or receive reports on the person under supervision at such reasonable intervals as may he specified in the probation order: or
(b) see that he observes the conditions of his recognizance;
(c) report to the court as to his behaviour; and
(d) advise, assist, and befriend him and when necessary to endeavour to find him suitable employment.
(2) The Chief Judge of the Federal High Court, or of the High Court of the Federal Capital Territory, Abuja or the President of the National Industrial court shall make regulations with respect to the appointment of probation officers, including designation of persons of good character as probation officers from which list a court within the district or division where the probation officer resides may make its appointment under section 455 of this Act.
Variation of terms and conditions of probation
(a) at any time where it appears to it on the application of the probation officer that it is expedient that the terms or conditions of the recognizance should be varied, summon the defendant bound by the recognizance to appear before it and if he fails to show cause why the variation should not be made:
(i) vary the terms of the recognizance by extending or reducing the duration, which shall not exceed 3 years from the date of the original order, or
(ii) alter the conditions or insert additional conditions, or
(b) on application being made by the probation officer, and on being satisfied that the conduct of the defendant bound by the recognizance has been such as to make it unnecessary for him to be under supervision, discharge the recognizance.
Provisions in case of convict failing to observe conditions of release
(2) The defendant where arrested shall, if not brought before the court before which he is bound by his recognizance to appear for conviction or sentence, be brought before another court.
(3) The court before which a defendant on arrest is brought or before which he appears in pursuance of the summons may, where it is not the court before which he is bound by his recognizance to appear for conviction or sentence remand him to custody or on bail until he can be brought before the last-mentioned court.
(4) A defendant so remanded in custody may be committed during remand to a prison to which the court having power to convict or sentence him has power to commit prisoners.
(5) A court before which a defendant is bound by his recognizance to appear for conviction and sentence on being satisfied that he has failed to observe a condition of his recognizance may, without further proof of his guilt, convict and sentence him for the original offence.
Suspended sentence and community service
460(1) Notwithstanding the provision of any other law creating an offence, where the court sees reason, the court may order that the sentence it imposed on the convict be, with or without conditions, suspended, in which case, the convict shall not be required to serve the sentence in accordance with the conditions of the suspension.
(2) The court may, with or without conditions, sentence the convict to perform specified service in his community or such community or place as the court may direct.
(3) A convict shall not be sentenced to suspended sentence or to community service for an offence involving the use of arms, offensive weapon, sexual offences or for an offence which the punishment exceeds imprisonment for a term of 3 years.
(4) The court, in exercising its power under subsection (1) or (2) of this section shall have regard to the need to:
(a) reduce congestion in prisons;
(b) rehabilitate prisoners by making them to undertake productive work; and
(c) prevent convicts who commit simple offences from mixing with hardened criminals.
Arrangements for community service
(2) The Registrar shall be assisted by suitable personnel who shall supervise the implementation of Community Service Orders that may be handed down by the courts.
(3) The functions of the Community Service Centre include:
(a) documenting and keeping detailed information about convicts sentenced to Community Service including the:
(i) name of the convict,
(ii) sentence and the date of the sentence,
(iii) nature, duration and location of the Community Service,
(iv) residential address of the convict,
(v) height, photograph, full fingerprint impressions, and
(vi) other means of identification as may be appropriate;
(b) providing assistance to the court in arriving at appropriate Community Service Order in each case; –
(c) monitoring the operation of community service in all its aspects;
(d) counselling offenders with a view to bringing about their reformation;
(e) recommending to the court a review of the sentence of offenders on community service who have shown remorse;
(f) proposing to the Chief Judge measures for effective operation of Community Service Orders;
(g) ensuring that supervising officers perform their duties in accordance with the law; and
(h) performing such other functions as may be necessary for the smooth administration of Community Service Orders.
(4) Where the court has made an order committing the convict to render community service, the community service shall be in the nature of:
(a) environmental sanitation, including cutting grasses, washing drainages, cleaning the environment and washing public places;
(b) assisting in the production of agricultural produce, construction, or mining; and
(c) any other type of service which in the opinion of the court would have a beneficial and reformative effect on the character of the convict.
(5) The community service sentence shall be performed as close as possible to the place where the convict ordinarily resides to ensure that the community can monitor his movement.
(6) Before passing a community service order, the court shall consider the circumstances, character, antecedents of the convict and other factors that may be brought to its attention by the Registrar of the Community Service Centre.
(7) A convict sentenced to community service shall not at the same time be sentenced to a term of imprisonment for the same offence, but may, in default of performing his community service diligently and to the satisfaction of the court, be sentenced to a term of imprisonment for the remaining part of his community service to which he is in default or neglect.
(8) Upon sentence to community service, a convict shall be required to produce a guarantor who shall undertake to produce the convict if the he absconds from community service.
(9) The guarantor shall be a relation of the convict or any other responsible person of adequate means or substance who shall produce the convict when required by the court, failing which the guarantor shall be liable to a fine of N100,000.00 or more as the circumstances of each case may require.
Performance of community service order
(2) The convict shall be under the supervision of a supervising officer or officers or Non-Governmental Organizations as may be designated by the Community Service Centre.
(3) The community service order shall contain such directives as the court may consider necessary for the supervision of the convict.
(4) The Registrar of the court making the community service order shall forward to the Registrar of the Community Service Centre a copy of the order together with any other document and information relating to the case.
Default of convict in complying with community service order
(2) Where the convict fails, refuses or neglects to appear in obedience to the summons, the court may issue a warrant of arrest.
(3) Where it is proved to the satisfaction of the court that the convict has failed to comply with any of the requirements of the community service order, the court may:
(a) vary the order to suit the circumstances of the case; or
(b) impose on him a fine not exceeding Nl00,000.00 or cancel the order and sentence the convict to any punishment which could have been imposed in respect of the offence, but the period of community service already performed may count in the reduction of the sentence.
(4) A supervising officer shall not employ the convict for his or her personal benefit.
(5) Where a supervising officer employs the convict for his or her personal benefit, the officer is liable to a fine ofNI00,000.00 or more, or such other punishment as the court considers fit.
Commission of further offence
(a) the subsequent court may add to the sentence or impose a term of imprisonment which might have been passed by the original court and cancel the order of community service;
(b) the subsequent court may take into account the period of community service served in reduction of the term of imprisonment;
(c) where the original court is a High Court and the subsequent court is a subordinate court, the subordinate court shall send the copy of the proceedings to the High Court and, on receipt of the proceedings from the subordinate court, the High Court shall proceed under paragraphs (a) and (b) of this section; and
(d) where the original court is a subordinate court and the subsequent court is a High Court dealing with the matter at first instance or on appeal, the High Court shall proceed under paragraphs (a) and (b) of this section.
Amendment, review and discharge of community service orders
(2) On receipt of the information, the supervising officer shall furnish the Registrar of the Community Service Centre with the information giving the details of the case.
(3) On application by the Registrar of the Community Service Centre, the court shall make appropriate amendment in the community service order and inform the court having jurisdiction for the area where the convict intends to reside.
(4) The court shall give the convict a copy of the amended community service order which the convict shall present to the subsequent Community Service Centre.
Discharge of community service order
(2) The supervising court based on the report made by the Registrar, may reduce the period of the community service specified in the community service order by not more than one-third where the convict is of good conduct.
(3) The Registrar shall make a report to the supervising court on the termination of a community service order.
(4) The supervising officer who is to be responsible for the supervision of a c6rivict shall be the officer designated by the Registrar of the Community Service Centre and if that supervising officer dies or is unable for any reason to carry out his duties, another supervising officer shall be appointed by the Registrar of the Community Service Centre.
(5) Where the convict is a female, the supervising officer shall be a female.
Confinement in rehabilitation and Correctional Centre
(2) A court in making an order of confinement at a Rehabilitation and Correctional Centre shall have regard to:
(a) the age of the convict;
(b) the fact that the convict ‘is a first offender; and
(c) any other relevant circumstance necessitating an order of confinement at a Rehabilitation and Correctional Centre.
(3) A court may make an order directing that a child standing criminal trial be remanded at Rehabilitation and Correctional Centre.
PART 45-PAROLE
Court may direct release of prisoner before completion of sentence
(a) sentenced and serving his sentence in prison is of good behaviour, and
(b) has served at least one-third of his prison term, where he is sentenced to imprisonment for a term of at least 15 years or where he is sentenced to life imprisonment,
the court may, after hearing the prosecution and the prisoner or his legal representative, order that the remaining term of his imprisonment be suspended, with or without conditions, as the court considers fit, and the prisoner shall be released from prison on the order.
(2) A prisoner released under subsection (1) of this section shall undergo a rehabilitation programme in a government facility or any other appropriate facility to enable him to be properly reintegrated to the society.
(3) The Comptroller-General of Prisons shall make adequate arrangement, including budgetary provision, for the facility.
PART 46 – THE ADMINISTRATION OF CRIMINAL JUSTICE MONITORING COMMITTEE
Establishment of the Administration of criminal Justice Monitoring Committee
(2) The Committee shall consist of:
(a) the Chief Judge of the FCT who shall be the Chairman;
(b) Attorney-General of the Federation or his representative not below the rank of a Director in the Ministry;
(c) a Judge of the Federal High Court;
(d) the Inspector-General of Police or his representative not below the rank of Commissioner of Police;
(e) the Comptroller-General of the Nigeria Prisons Service or his representative not below the rank of Comptroller of Prisons;
(f) the Executive Secretary of the National Human Rights Commission or representative not below the rank of Director;
(g) the Chairman of any of the local branch of the Nigeria Bar Association in the FCT to serve for two years only;
(h) the Director-General of the Legal Aid Council of Nigeria or representative not below the rank of Director; and
(i) a representative of the Civil Society working on human rights and access to justice or women rights to be appointed by the Committee to serve for a period of two years only.
(3) A member not being a public officer may resign his appointment by a letter to the Chairman.
(4) Members of the Committee shall be paid such allowances as are applicable to Federal Boards, Commissions and Agencies.
Functions of the Committee
(2) Without prejudice to the generality of subsection (1) of this section, the Committee shall ensure that:
(a) criminal matters are speedily dealt with;
(b) congestion of criminal cases in courts is drastically reduced; (c) congestion in prisons is reduced to the barest minimum;
(d) persons awaiting trial are, as far as possible, not detained in prison custody;
(e) the relationship between the organs charged with the responsibility for all aspects of the administration of justice is cordial and there exists maximum co-operation amongst the organs in the administration of justice in Nigeria;
(g) submit quarterly report to the Chief Justice of Nigeria to keep him abreast of developments towards improved criminal justice delivery and for necessary action; and
(h) carry out such other activities as are necessary for the effective and efficient administration of criminal justice.
Secretariat of the Committee
(2) The Secretariat shall be headed by a Secretary who shall be appointed by the Attorney-General of the Federation on the recommendation of the Committee.
(3) The Secretary shall be a legal practitioner of not less than 10 years post call experience and shall possess sound knowledge of the practical functioning of the criminal justice system and adequate experience in justice system administration.
(4) The Secretary shall be responsible for the execution of the policy of the Committee and the day-to-day running of the affairs of the Committee.
(5) The Secretary shall hold office for a term of 4 years and may, subject to satisfactory performance of his functions, be re-appointed for another term of 4 years and no more.
(6) Subject to this section, the Secretary shall bold office on such terms as to emoluments and otherwise as may be specified in his letter of appointment.
Fund of the Committee
(a) budgetary allocation to it through the Office of the Attorney-General of the Federation;
(b) such monies as may, from time to time, be provided to the Committee by any public, private or international organisation by way of a grant, support or assistance on such terms as are consistent with its functions; and
(c) such monies as may be received by the Committee in relation to the exercise of its functions under this Act.
(2) The Secretary of the Committee shall be the accounting officer for the purpose of controlling and disbursing monies from the Fund established under this section.
Annual estimates and accounts
(2) The Committee shall keep proper accounts and records in respect of each financial year and shall cause its accounts to be audited not later than 2 months from the end of each financial year.
Annual report
Power to obtain information
(a) shall have a right of access to all the records of any of the organs in the administration of justice sector to which this Act applies; and
(b) may, by notice in writing served on any person in charge of any such organs require that person to furnish information on such matters as may be specified in the notice.
(2) A person required to furnish information under subsection (1) of this section shall comply with the notice within a stipulated time.
Proceedings and quorum of the Committee
(2) The quorum at a meeting of the Committee shall consist of the Chairman or his representative and two other members of the Committee.
(3) Subject to the provisions of the applicable standing order, the Committee shall meet at least once a quarter.
(4) At a meeting of the Committee, the Chairman, or in his absence, his representative shall preside at that meeting.
(5) The validity of proceedings of the Committee is not affected by:
(a) a vacancy in the membership of the Committee; or
(b) a defect in the appointment of a member of the Committee.
(6) A member of the Committee who has a personal interest in any arrangement entered into or proposed to be considered by the Committee shall disclose his interest to the Committee and shall not vote on any question relating to the arrangement.
PART 47 – TRIAL OF CORPORATION
Interpretation under this Part
477.(1)In this Part “corporhliori11 means anybody corporate, incorporated in Nigeria or elsewhere.
(2) In this Part “representative” in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this Part authorised to do, but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before any court for any other purpose.
(3) A representative for the purposes of this Part need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this Part, shall be admissible without further proof as prima facie evidence that the person has been so appointed.
Plea by corporation
Information against a corporation
Joinder of counts in same information
Power of representative
(a) state, whether the corporation is ready to be tried on a charge or information or altered charge or, information to which the corporation has been called on to plead;
(b) consent to the hearing and determination of a complaint before the return date of a summons;
(c) express assent to the trial of the corporation on information. notwithstanding that a copy of the information and notice of trial has not been served on (the corporation 3 days or more before the date on which the corporation is to be tried.
Matters to be read, said or explained to representative
Non-appearance of representative
Saving under this part and joint charge against corporation and individual
(2) A corporation may be charged jointly and tried with an individual for any offence.
PART 48 -APPEALS FROM MAGISTRSTE COURTS TO HIGH COURTS
Appeals from magistrate courts
(2) Where a defendant has been acquitted or an order of dismissal made by a magistrate court the prosecutor may appeal to the Higb Court from such acquittal or dismissal on the ground that it is erroneous in law or that the proceedings or any part thereof were in excess of the jurisdiction of the magistrate court.
(3) An appeal, in accordance with the provisions of this Part, shall be commenced by the appellant by giving notice to the registrar of the court from which the appeal is brought and such notice of appeal shall be signed by the appellant’.
(4) The notice of appeal shall be given in every case before the expiration of the 30th day after the day on which the court has made the decision appealed against.
(5) An appellant shall file many copies of his notice of appeal as there are parties to be served, in addition to the copies for the court.
( 6) An appellant, in an appeal brought in accordance with the provisions of this Part, shall, within 30 days of the pronouncing of the decision appealed against, file with the registrar of the court from which the appeal is brought a brief setting forth the grounds of his appeal which shall be signed by the appellant or the legal practitioner representing him.
(7) An appellant, shall file as many copies of his brief of grounds of appeal, as there are parties to be served, in addition to the copies for the court.
(8) In his brief of grounds of appeal the appellant shall set forth in separate ground of appeal each error, omission, irregularity or other matter on which he relies or of which he complains with particulars sufficient to give the respondent due notice thereof.
(9) Without prejudice to the generality of subsection (8) (i), the brief of ground of appeal may set forth all or any of the following grounds:
(a) that the lower court has no jurisdiction in the case;
(b) that the lower court has exceeded its jurisdiction in the case;
(c) that the decision has been obtained by fraud;
(d) that the case has already been heard or tried and decided by or forms the subject of a hearing or trial pending before a competent court;
(e) that admissible evidence has been rejected, or inadmissible evidence has been admitted by the lower court and that in the latter case there is no sufficient admissible evidence to sustain the decision after rejecting such inadmissible evidence;
(f) that the decision is unreasonable or cannot be supported having regard to the evidence;
(g) that the decision is erroneous in point of law;
(h) that some other specific illegality, not mentioned and substantially affecting the merits of the case, has been committed in the course of the proceedings in the case; or
(i) that the sentence passed on conviction is excessive or in-adequate, unless the sentence is one fixed by law.
(10) Where the appellant relies upon the grounds of appeal mentioned in subsection (9) (d), the name of the court shall be stated and, if it is alleged “that “a decision has been made, date of such decision.
(11) Where the appellant relies upon the ground of appeal mentioned in subsection (9) (g), the nature of the error’ shall be stated and, where he relies upon the ground of appeal mentioned in subsection (9) (h), the illegality complained of shall be clearly specified.
(12) A sentence by a magistrate court shall take effect notwithstanding an appeal unless:
(a) a warrant has been issued under section 326 of this Act when no sale of property shall take place until the sentence has been confirmed or the appeal decided; or
(b) an order for release on bail pending any further proceeding has been made by a competent court when the time during which the convicted person had been so released shall be excluded in computing the period, of any sentence which he has ultimately to undergo.
(13) A High Court exercising appellate jurisdiction shall not, in the exercise of such jurisdiction, interfere with the finding or sentence or other order of the lower court on the ground only that evidence has been wrongly admitted or that there has been a technical irregularity in procedure, unless it is satisfied that a failure of justice has been occasioned by such admission or irregularity.
PART 48 – FEES AND MISCELLANEOUS PROVISIONS
Payment of fees
Suspension of payment of fees
State not required to pay fees
Use of forms in Schedules
Power to make Rules of Court
(a) fees, costs or compensations to be paid under this Act and periodic review of the same;
(b) forms to be used for the process and procedure of the courts;
(c) accounts to be rendered of monies received by any person under this Act;
(d) the method of issue of process under this Act, and the manner of receipt of and accounting for fees in respect of such process;
(e) prescribing anything or any person required to be prescribed under the provisions of this Act;
(f) regulation and management of non-custodial punishments provided under this Act; and
(g) generally carrying into effect the purposes of this Act.
Non-compliance
Saving as to other forms and procedure
(2) Nothing in this Act shall affect the validity of any charge, information or proceeding initiated or commenced under any other law in so far as the proceeding was initiated or commenced before this Act came into force.
(3) Where there are no express provisions in this Act, the Court may apply any procedure that will meet the justice of the case.
Repeals
Interpretation
“adult” means a person who has attained the age of 18 years or above;
“asylum” includes a lunatic asylum, a mental or other hospital, a prison and any other suitable place of safe custody of person of unsound mind for medical observation;
“charge” means the statement of offence or statement of offences with which a defendant is charged in a trial whether by way of summary trial or trial by way of information before a court;
“Chief Judge” means a Chief Judge of a High Court and the President of the National Industrial Court; where applicable;
“child” means a person who has not attained the age of 18 years;
“Committee” means the Administration of Criminal Justice Monitoring Committee established under section 469 (1) of this Act;
“complainant” includes any informant or prosecutor in any case relating to summary trial
“complaint” means the allegation that any named person has committed an offence made before a court or police officer for the purpose of moving him to issue process under this Act;
“court” includes Federal Courts, the Magistrates’ Court and Federal Capital Territory Area Courts provided by legal practitioners;
“currency” means coins, notes and other legal tender;
“defendant” means any person against whom a complaint, charge or information is made;
“district” means a district into which the Federal Capital Territory or a State is divided for the purposes of any Act or law under which a Magistrate’s court is established;
“division” means a judicial division of the High Court;
“Federation” means the Federal Republic of Nigeria;
“Federal law” means any Act enacted by the National Assembly having effect with respect to the Federation or any part thereof and any Act enacted prior to l ” October, 1960, which under the Constitution of the Federal Republic of Nigeria has effect with respect to the Federation or any part thereof;
“felony” means an offence on conviction for which a person can, without proof of his having been previously convicted of an offence, be sentenced to death or to imprisonment for three years or more, or which is declared by Jaw to be a felony;
“fine” includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under this Act;
“functions” includes powers and duties;
“future enactment” means any enactment passed after the commencement of this Act;
“guardian” in relation to a child or young person means the parent or other person having lawful custody of such child or young person, and includes any person who, in the opinion of the court having cognizance of any case in which such child or young person is concerned, has, .for the time being, the custody, control over, or charge of such child or young person;
“High Court” means the Federal High Court or the High Court of the Federal Capital Territory;
“indictable offence” means an offence which on conviction may be punished by:
(a) a term of imprisonment exceeding two years; or
(b) of a fine exceeding N40,000.00 not being an offence declared by the law creating it to be punishable on summary conviction;
“indictment” means the filing of an information against a person in the High Court;
“infant” means a person who has not attained the age of seven’ years;
“Judge” includes a Judge of a High Court or a Judge of the National Industrial Court and Area Court presided by legal practitioners;
“Justice of the Peace” means a person appointed to be a Justice of the Peace under any enactment inclusive of the Federal Capital Territory;
“law officer” means the Attorney-General of the Federation and the Solicitor-General of the Federation and includes. the Director of Public Prosecutions and such other qualified officers, by whatever names designated, to whom any of the powers of a law officer are delegated to by law and a private legal practitioner authorised by the Attorney-General of the Federation to appear for and on behalf of the Attorney-General of the Federation;
“legal guardian” in relation to an infant, child, young person, or juvenile offender, means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;
“Magistrate” means a Magistrate appointed in accordance with the law of a State or of the Federal Capital Territory;
“Magistrates’ Court” means Magistrates’ Court established under the law of a State or of the Federal Capital Territory;
“medical officer” means a medical doctor attached to an asylum or a medical doctor from whom a court requires an opinion;
“misdemeanour” is an offence punishable by imprisonment for not less than 6 months, but less than 3 years or which is declared by law to be a misdemeanour;
“member” means a member of the Committee and includes the Chairman; “offence” means an offence against an Act of the National Assembly;
“officer in charge” includes, the officer in charge of a police station or the officer in charge of a unit in any other law enforcement agency or other officer who acts in the absence of the officer in charge;
“open court” means a room or place in which a court sits to hear and determine a matter within its jurisdiction and to which room or place the public may have access so far as the room or space can conveniently contain them;
“order” includes any conviction in respect of a summary conviction offence;
“Part-beard criminal matter” means a trial in which the prosecution has closed his case;
“penalty” includes any pecuniary fine, forfeiture, costs, or compensation recoverable or payable under an order;
“place of safety” includes a suitable place, the occupier of which is willing temporarily to receive an infant, child, or young person;
“Plea bargain” means the process in criminal proceedings whereby the defendant and the prosecution work out a mutually acceptable disposition of the case; including the plea of the defendant to a lesser offence than that charged in the complaint or information and in conformity with other conditions imposed by the prosecution, return for a lighter sentence than that for the higher charge subject to the Court’s approval;
“Police” means the Nigeria Police established by the Constitution or where the context so admits, shall include any officer of any law enforcement agency established by an Act of the National Assembly;
“police officer” includes any member of the Nigeria Police Force established by the Police Act or where the context so admits, shall include any officer of any law enforcement agency established by an Act of the National Assembly;
“prescribed” means as provided by rules made under the authority of this Act;
“private prosecutor” does not include a person prosecuting on behalf of the State or a public officer prosecuting in his official capacity;
“reasonable time” is as defined in section 35 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended);
“registrar” includes the Chief Registrar and a registrar of a court;
“rules” or “the rules” means rules of court relating to the practice and procedure of the High Court or of the Magistrates’ Courts in the exercise of their criminal jurisdiction;
“sentenced to imprisonment” shall include cases where imprisonments imposed by a court on any person either with or without the option of a fine, or in respect of the non-payment of any sum of money, or for failing to do or abstaining from doing any act or thing required to be done or left undone, and the expression “sentence of imprisonment” shall be construed accordingly;
“sheriff’ means a Sheriff within the meaning of the Sheriffs and Civil Process Act and includes a deputy sheriff and any person authorised by the sheriff or a deputy sheriff to execute process of a court;
“summary conviction offence” means an offence punishable by a High Court or a magistrates’ court on summary conviction and includes any matter in respect of which a High Court or a magistrate’s court can make an order in the exercise of its summary jurisdiction;
“summary court” means unless the same is expressly or by necessary implication qualified:
(a) a Judge of the High Court when sitting in court and presiding over a summary trial, and
(b) a Magistrate when sitting in court to hear and determine any matters within his power and jurisdiction either under the provisions of this Act or any other written law, and the Judge when so sitting and presiding, and the Magistrate when so sitting, shall be deemed to be a “court” or “summary court” within the meaning of this Act;
“summary trial” means any trial by a Magistrate or a trial by a High Court commenced without filing an information;
“Superintendent of Prison” has the same meaning as in the Prisons Act; “superior police officer” has the same meaning as in the Police Act;
“suspect” means a person who has been arrested on the suspicion of committing any offence, and who is yet to be formally charged for that offence;
“young person” means a person who has attained the age of 14 and has not attained the age of 17 years.
(2) Unless the context otherwise requires, all words and expressions used in this Act and defined in the Criminal Code or the Penal Code shall have the meanings attributed to them by those Codes.
Citation
FIRST SCHEDULE
FORMS
Section 153 (2), 376 (9), 377, 392 (2) (a)
FORM NO. I – GENERAL FORM OF TITLE OF PROCEEDINGS
(For use in the High Court)
In the High Court of ………………………………………………….
In the……………………………………………………Judicial Division
Holden at…………………………………………………
Charge No……………. 20………………..
Between ……………………………………………………. Complainant, and
………………………………………………………………………… Defendant.
Complaint……………………………………………………………………
(For use in Magistrates’ Court or other Courts)
IN THE MAGISTRATE’S COURT
In the Magistrate’s Court of .
In the…………………………………………………Magisterial District
Holden at…………………………………………………
Charge No………..20…………………..
Between……………………………………… Complainant, and
…………………………………………………Defendant.
Complaint………………………………………………….
FORM NO. 2 – ORDER OF RECOGNIZANCE TO KEEP THE PEACE, AND BE OF GOOD BEHAVIOUR
(General Title-Form No. 1)
Before the …………………High/Magistrate Court
of the ………………………..
In the Judicial Division/Magisterial District sitting at …………………………
The …………… day of……………….. 20 ………….
A.B., having made a complaint that C.D., hereinafter called the defendant, on the ……………….day of …………………..20………….. at, ……………in the……………………… above-mentioned,
Did ………………………………………………………………………
……………………………………………………………………………………….
It is ordered that the defendant do forthwith to the satisfaction of
……………………………… enter into a recognizance in the sum of
…………………………. with …………………………. surety ………………..
in the sum of …………………………. [each] to keep the peace and be of good behaviour towards the State and all persons, and especially towards the complainant, for the term of …………………………. now next ensuing:
And it is ordered that if the defendant fails to comply with this order he shall be imprisoned in the prison at …………………………. for the space of ……………………………………………………… unless he complies with the order.
If costs are ordered, add-
And it is ordered that the defendant pay to the said ……………. the sum of ………………….. for costs by instalments of………………..for every…………..days, the first instalment to be paid] forthwith [or on the ………………….. day of 20………….]:
And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of……………. commencing at the termination of the imprisonment before Ordered, unless the said sum [and all costs and charges Of the (said distress and) commitment] be ‘sooner paid.
FORM No. 3
COMPLAINT
(General Title-Form NO. 1)
Section 89
The complaint of C.D (address and description), who upon oath (or affirmation) states that A B of (address and description) on the
………….. day of ……………………………….. 20 ………. at
…………………… in the above-mentioned, did ……………………………..
………………………………………………………………………………………….
taken before me this ……………………………..day of. …………………..
……………………………..
Judge [ or Magistrate]
FORM No. 4
Section 117
SUMMONS TO DEFENDANT
(General Title-Form NO. 1)
To A.B of. …………………………………………………………..
Complaint has been made this day by………………………………that you on the …………………………….. day of ……………….20………at in the ……………………………………………. above-mentioned did
…………………………………………………………..
State concisely the substance of the compliant
You are hereby summoned to appear before the
…………………………… High/magistrate’s court sitting
at ……………………………… on the …………………. day of…….. 20…..
at the hour of …………………..in the …………………… noon to answer to the said complaint.
Dated this …………………………day of…….20…………
………………………… Judge [ or Magistrate]
FORM NO. 5
Section 131
WARRANT FOR ARREST OF DEFENDANT WHO HAS DISOBEYED SUMMONS
(General Title-Form NO. 1 )
To ………………………..Police Officer or To each and all Police Officers.
Complaint has been made on the …………. day of 20 …………. that AB hereinafter called the defendant on the ……. day of ……. 20…..
In …………….the above-mentioned did
……………………….. ……………………….. ………………………..
……………………….. ……………………….. ………………………..
“State concisely the substance of the compliant
And the defendant was thereupon summoned to appear before the High/Magistrate’s Court of the ……………………………………….. in the Judicial Division/Magistrate District sitting at………………………..on the ……………day of…………………….. at the hour of………………in the……………….noon, to answer to the said charge:
……………………….. ……………………….. ………………………..
An oath has been made that the defendant was duly served with the summons, but did not appear, and that such complaint is true.
You are hereby commanded to bring the defendant before High/Magistrate’s Court of the …………. in the Judicial Division/Magisterial District sitting at ……………………….. ……………………….. forthwith to answer to the said complaint or be further dealt with according to law
Dated the …………………. day of ……………. 20 …………..
………………………..
Judge [or Magistrate]
FORMNO. 6
Section 132
WARRANT FOR ARREST OF DEFENDANT IN FIRST INSTANCE
(General Title-Form No. 1 )
To……………………….. ………………………..,
Police Officer …………………….
Complaint on oath has been made on the………..day of.. ………………. by ……………………….. that A.B., hereinafter called the defendant on the……….. day of ………………………..
at …………………………in the ………………………..above-mentioned
did……………………….. ……………………….. ………………………..
……………………….. ……………………….. ………………………..
“State concisely the substance of the complaint
You are hereby commanded to bring the defendant before High/Magistrate Court of the ……………………….. in the Judicial Division/ Magisterial Division sitting at ……………….. ……………………….. to forthwith answer the said complaint and be dealt with according to law.
Dated the day of. ………………………. 20 …….. .
……………………….
Judge [or Magistrate]
FORM NO. 7
Section 144
FORMD SEARCH WARRANT (TITLE OF PROCEEDING)
In the Magistrate Court of ………………………. Magistrate District
To ………………………. and ………………………. ……………………….
Whereas information on oath and in writing this day has been made that there is reasonable ground for believing that there is in (state the place to be searched and state what is to be searched for in the terms of (a), (b) or (c) of 144(1) of this Act.)
You are hereby commanded in the name of the Federal Republic of Nigeria, with proper assistance, to enter the above-named (state the place to be searched) and there diligently search for the things aforesaid and where the same or any part thereof found on search, to bring the things found, and also the said (name the occupier of the place to be searched) before this Court to be dealt with according to law.
This warrant may be executed at any time on any day, including a Sunday or public holiday and may also be executed at any hour during day or night.
Issued at …………… this …………………. day of …………….. 20 .
……………………….
Magistrate
INVENTORY OF ITEMS RECOVERED DURING EXECUTION OF SEARCH WARRANT
IN TERMS OF SECTION 144
1.
2.
3
4.
5.
6.
7.
8.
9.
10.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
WITNESSES
………………………………
NAME/RANK/FORCE No. OF OFFICER EXECUTING THE WARRANT.
………………………………
NAME/TITLE OF THE OCCUPIER OF THE PLACE SEARCHED
……………………………..
NAME/RANK, FORCE NO OF ACCOUNTING OFFICER
……………………………..
NAME,TITLE OF AN INDEPENDENT WITNESS
Dated the……………….. day of……………………….20
FORMS FOR REMAND PROCEEDINGS
(General Title Form No. 1)
Form No. 8
Section 293
REPORT AND REQUEST FORM FOR REMAND
BETWEEN
COMMISSIONER OF POLICE
DIRECTOR OF PUBLIC PROSECUTIONS – Applicant
AND
XYZ – Respondent
To: The Registrar of the Court
The Court is hereby informed that there is a probable cause to order the remand of XYZ (state particulars of the Respondent, namely age, sex, occupation) of (state details of the Respondent’s street address or where there is no precise street address, as near and close description as possible of the location of the Respondent’s last known place of abode) in remand custody in
………………(state the exact place of custody in which the applicant proposes to remand the Respondent such as the name and location of the prison or other detention place) who is reasonably suspected to have committed the offence of …………………………… contrary to section ………………………… ………………………… of the………………………… ………………………… ………………………… ………………………… ………………………… ………………………… ………………………… ………………………… …………………………
within ………………………… …………………………
High Division/Magisterial District on or about …………………………
(state the date or approximate date or the period of commission of alleged offence) on grounds stated
below: …………………………………………………… …………………………
………………………… ………………………… …………………………
Dated this …………………..day of ………………………… 20……….
GROUNDS FOR THE REQUEST FOR REMAND
………………………… ………………………… ………………………… ………………………… ………………………… …………………………
(Tick appropriately) (disregard (3) and (4) below if the Respondent was not arrested with Exhibit(s)
Yes………. No ……….
………………… …….. ………………… …….. …………………
………………… …….. ………………… …….. …………………
Found in custody or possession of offensive weapon, object or substance: Yes…….. NO………..
(State the particulars of such victim(s) or witness(es)
(i) Name:
Age
Sex
Address:
Occupation:
(ii) Name:
Age
Sex
Address:
Occupation:
(iii) Name:
Age
Sex
Address:
Occupation:
(iv) Name:
Age
Sex
Address:
Occupation:
(v) Name:
Signature of the Prison official or police official in charge of place of custody of Defendant: …….. …………………
(2) If you wish to be represented by a legal practitioner arranged by way of legal aid, please provide the relevant information below. If you do not know any organisation you wish to apply to provide legal practitioner to represent you, kindly enter the “Legal Aid Council” as the name of organisation:
Name of the Organisation: …….. …………………
Address of the Defendant (or Place of custody is on remand)
……………. ………………… …….. ………………… …….. …………………
Signature of the Defendant: …….. …………………
Signature of the Prison official or police official in charge of place of custody of Defendant: …….. ………………… …….. …………………
FORM NO. 10
Section 241
SUMMONS TO WITNESS
(General Title-Form No. 1)
To E.F…………………………………………………………………..
A.B has been charged by………………………………………………..
for that he on the ………………………. day of ……………… 20 ……..
……………….at in the ……………………….
above-mentioned, did” ………………………………………………………….
State concisely the substance of the complaint.
and it appears to me by the oath of………. …………………that you are likely to give material evidence therein on behalf of the informant [ or complainant or defendant], and will not voluntarily appear for that purpose.
You are therefore hereby summoned to appear before the. High/Magistrate’s Court of the ………………… in the Judicial Division/Magisterial Division sitting at …….. ……………. on …….. ……………….. day of. ………………… 20 …….. ………………… at the hour of ………………….. in the ……………………….noon, to testify what you know in such matter.
Dated the ………………… day of ………….. 20 ……………………….
……………………….
Judge [or Magistrate]
FORM OF INFORMATION
FORM NO. 11
Section 377
The Federal Republic of Nigeria v C.D
In the High Court of……………………………………………………….
In the Judicial Division of ……………………………………………………….
The Federal Republic of Nigeria v. CD
The …………………………. day of ……………….. 20 …………………
At the sessions holding at …………………………….. ……………………………..
On the ………………….. day of …………………….. 20…………., the court is informed by the Attorney- General of the Federation on behalf of the Federal Republic that C.D Is charged with the following offence.[or offences]. (and statement of offence [offences].
FORM NO. 12
Section 182
FORFEITURE ON CONVICTION
(General Title-Form No. 1)
Before the ………………..High/Magistrates Court of the ………………….. in the Judicial Division/Magistrate District sitting on the …………………. day of ……………….. 20 ……………….
AB., hereinafter called the defendant, was by his recognizance entered into the ………………….day of …………………., bound in the sum of……………………………..and his sureties C.D and F.F. in the sum of ………………………………… each, the condition of the recognizance being that the said defendant should …………………………………………………………….
And it being now proved that the defendant was on the ………. day of …………………………… convicted of the offence of having ……………………………………………, the same being a breach of the said condition:
It is therefore adjudged that the said recognizance be forfeited, and that the said …………………………….. pay to …………………………….. the sum of …………………………….. and the further sum of …………………………… for costs [by instalments of………………… for every …………………………….. days, the first instalment to be paid] forthwith [or on the ……………………………..day of. ……………………………..
And in default of payment it is ordered that the sum due from the said……………………….. under this order be levied by distress and sale of his goods, and in default of sufficient distress that he be imprisoned in the prison at …………………………….. for the peace of …………………… unless the said sums [and all costs and charges of the (said distress and) committed] be sooner paid.
……………………….
Judge [or Magistrate]
FORM No. 13
Section 241
WARRANT FOR APPREHENSION OF A WITNESS
(General Title-Form No. I)
To ……………………….Police officers or other officials Complaint
………………………. ………………………. ……………………….. E.F. was duly summoned to appear before the High/Magistrate’s Court of the …………………….. Judicial Division/Magisterial District sitting at ……………………. on ………………………. day of ………………… at the hour of ……………. in the ……………… noon, to testify what he should know concerning a certain complaint against A.B.
And he has neither appeared thereto, nor offered any just excuse for his neglect.
And it has been proved on oath that summons has been duly served on him [and that a reasonable sum has been paid (or tendered) to him for his costs and expenses in that behalf].
You are hereby commanded to bring him before the High Court of the …………………………………… in the Judicial Division/Magisterial District sitting at ………………………. forthwith to testify what he knows concerning the said matter.
Dated the ………………………. day of………………………. 20 .
……………………….
Judge [or Magistrate]
FORM No. 14
Section 244
WARRANT FOR ARREST OF WITNESS IN FIRST INSTANCE
(General Title-Form No. 1)
To ………………………. ………………………. ……………………….
A.B has been charged by……………… for ………………………..
on the ……………………….day of. ………………………. at. ………………………. in ………………………………………………….
aforesaid, did……………………….
State concisely the substance of the complaint
………………………. ………………………. ……………………….
And it appearing to me by oath of ………………………. that E.F. is likely to give material evidence concerning the said matter, and that it is probable he will not attend to give evidence unless compelled so to do:
You are hereby commanded to bring him before the High Court/Magistrate of the……………………………………….. .in the Judicial Division/Magisterial District sitting at. ………………………………………………. forthwith to testify what he knows concerning the said matter.
Dated the ………………………. day of. ………………………. 20 .
……………………….
Judge [or Magistrate ]
Section 250
FORM N0.15
WARRANT TO COMMIT A WITNESS
(General Title-Form No. 1)
To …………………………………………. and to the Superintendent of ………….. Prison. E.F …………………………. having appeared or being brought before the High/Magistrate Court of the …………………………. in the Judicial Division/Magisterial District sitting at. …………………………. on day, the ……………………………. day of ………………………………., to testify what he should know concerning a certain case against A.B., refused to take an oath [or having taken an oath] refused to answer any [or a certain] question put to him concerning the case and did not offer any just excuse for his refusal.
You, the said Police Officer are hereby commanded to convey the said E.F safely to the said Prison, and there deliver him to the Superintendent thereof, together with this Warrant, and you, the Superintendent of the said Prison, to receive him into your custody, and keep him for the space of, unless he in the meantime consents to be examined and to answer questions concerning the case.
Dated the ……………………………. day of……………..20………..
…………………………….
Judge [ or Magistrate ]
FORM No. 16
CONVICTION (IMPRISONMENT)
(General Title- Form No. 1)
Section 316
Before the High/ Magistrate Court of the ……………………………………in the Judicial Division/ Magisterial District sitting at …………………….. on the ……………………… Day of ……………………… 20………………
at ……………………… within the ………………above-mentioned, did
……………………………………………………………………
And it is ordered that the defendant, for his said offence, be imprisoned in the prison at. ………………………………………………and kept for the period of ……………………………………………………..
If costs are ordered, add-
And it is ordered that the defendant pay to the said……………. sum of.. ………………………for costs [by instalments of. ………….. for every ……………… days, the first instalment to be .paid] forthwith [or on the day of ………………………]:
And in default of payment it is ordered that sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the prison at ………………………for the space of…………………. commencing at the termination of the imprisonment before ordered, unless the said sum [and all costs and charges of the (said distress and) commitment be paid]
………………………
Judge [or Magistrate]
FORM NO. 17
Section 319, 322 and 326
ORDER FOR MONEY (NOT A CIVIL DEBT)
(General Title- Form No. 1)
Before the High/Magistrates’ Court of the ………………………in the Judicial Division/Magisterial District sitting at ……………………………… the ……………………… day of ……………………… 20 ……………
On hearing the said compliant, it is ordered that the defendant pay to said ………………………the sum of. ……………………… ……………………… and also the sum of ……………………… for costs [by instalments of ………………. for every ……………. days, the first instalment to be paid] forthwith [or on the………………………day of …………………….]:
And in default of payment it is ordered that the said sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be remanded in the prison at ………………………………………………………………………… for the space of ………………………… unless the said sums and all costs and charges of the said distress and commitment be paid.
………………………
Judge [or Magistrate)
FORM NO. 18
Section 454
ORDER OF DISMISSAL WITH DAMAGES
(General Title- Form No. 1)
Before the High/Magistrate’s Court of the in the Judicial Division/Magisterial District sitting at ………………………
The ……………………… day of ……………………… 20…….. Complaint having been made by A.B that C.D hereinafter called the defendant, on the ……………………… day of ……………………. at……………………… in the………………………above-mentioned,
did………………………………………………………………………
And the Court being of opinion that though the said charge is proved, the offence is of trivial nature that it is inexpedient to impose any punishment, hereby dismiss the said information.
But order that the defendant do pay the complainant ………………………. for damages and ……………………… for costs [by instalments of ……………….for every …………………………………. days, the first instalment to be paid] forthwith [or on the …………………….. day of. ………………………20………….]:
And in default of payment it is ordered that the said sums levied by distress. and sale of the g#fi_1jciant’s goods, and in default of sufficient distress that the defendant be remanded in the prison at ………………. for the space of ………………… unless the said sums [and all costs and charges of the (said distress and) commitment be paid)
……………………..
Judge [or Magistrate]
FORM No. 19
ORDER FOR OTHER MATTERS
(General Title- Form No. 1)
Before the High/ Magistrate’s Court of the……………………in the Judicial Division/Magisterial District sitting at …………………… on the …………………… day of………………….. 20……………………
On hearing the said compliant, it is ordered that the defendant
If imprisonment is ordered, add-
And it is adjudged that if the defendant neglect or refuse to obey this order, he be imprisoned in the prison at …………………………. for the space of. ………………………………………… days [or unless the said order be sooner obeyed].
If costs are ordered, add-
And it is ordered that the defendant pay to the said …………………… sum of…………. for costs [by instalments of …………… for every …………………… days, the first instalment to be paid] forthwith [or on the ……………….. day of …………………… ]
And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of commencing at the termination of the imprisonment before ordered, unless the said sum [and all costs and charges of the (said distress and) commitment] be paid.
…………………………………………
Judge [or Magistrate J
FORM NO. 20
Section 3 70
ORDER OF DISMISSAL
(General Title- Form No. 1)
Before the High/ Magistrate’s Court of the ……………………in the Judicial Division/ Magisterial District sitting at …………………… the …………………… day of ………………….. 2012 Complaint having been made by ………………….. that A.B hereinafter called the defendant, on the ………………….. day of…………………..at ………………….. in the ………………….. above-mentioned, did ………………….. .
This Court having heard and determine the said complaint do dismiss same:
*on its merits or without prejudice to its being brought again
If costs are ordered, add-
And it is ordered that the complainant pay to the defendant the sum of for costs [by instalments of. ……………..for every…………………..days, the first instalment to be paid] forthwith [or on the…………………..day of…………………..] :
And in default of payment it is ordered that sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the prison at ……………….. for the space of ………………. unless the said sum [and all costs and charges of the (said distress and) commitment be paid]
……………………………………….
Judge [ or Magistrate]
FORM No. 21
Section 435
WARRANT OF DISTRESS (FOR PENALTY)
(General Title- Form No. 1)
To …………………………. ………………………….
A.B., hereinafter called the defendant, was on the day of ………………………….. convicted before the High/Magistrate’s Court sitting at for that he on the ………………………….day of. ………………… at. …………………………. in the above- mentioned, did ………………………….
And it was adjudged that the defendant for the said offence should be imprisoned [ or forfeit and pay the sum of. ………………………….] and should also pay the sum of [for compensation and ………………………….] for costs [by instalments of …………………………… for every …………………………. days, the first instalment to be paid] forthwith- [or on the …………………….. day of ………………………….,], and that in default the said sum [or sums] should be levied by distress, …………………………. and default having been made in payment.
You are hereby commanded forthwith to make distress of the goods of the defendant ( expect the wearing apparel and bedding of him and his family, and, the tools and implements of his trade) and if within the space of five clear days next after the making of such distress, unless he consents in writing to an earlier sale, the sum stated at the foot of this warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the registrar of that court, and if no such distress can be found, to certify the same to that court.
Dated the ………………………. day of ……………………….20……………
…………………………………………….
Judge [ or Magistrate]
N K
Amount ordered ……………………….
Paid ……………………….
Remaining due……………………….
Cost of issuing this warrant……………………….
Total amount to be levied ……………………….
NOTICE-OF TRIAL
Also find attached is the “Information on Legal Representation” Form which you must complete and return to the Registry of this court within 14 days of service on you of this notice of trial.
SECOND SCHEDULE
CHARGES
Sections 193
FORM OF CHARGE UNDER DIE PENAL CODE A: CHARGES WITH ONE HEAD
Charge on section 115
(1) (a) I ……………………………………………… [name of presiding officer of court] hereby charge you ……………………… [name of the defendant] as follows –
(b) That you on or about the………..day of ……….. 20 ……… at …………………. being a public servant in the Ministry of …………… directly accepted from A. B. for yourself [or for another person named C.D.J a gratification other than lawful remuneration as a motive for forbearing to do an official act and thereby committed an offence punishable under section 115 of the Penal Code and triable by the High Court.
(c) And I hereby direct that you be tried by such court on the said charge.
………………………
Signature or seal of the
Presiding officer of court
To be substituted for (b) –
(2) That you on or about the …………………….. day of …………………….. 20……… at ………………….. in the course of the trial of AB. before stated in evidence that which statement you either knew or believed to be false or did not believe to be true and thereby committed an offence punishable under section 158 of the Penal Code.
Charge on section 224
(3) That you on or about the …………… day of …………….. 20 …………………….. at …………………….. committed culpable homicide not punishable with death by causing the death of A B. and thereby committed. An offence punishable under section 224 of the Penal Code.
Charge on section 227
(4) That you on or about the ……………. day of ……………. 20 ………… at ……………………… abetted the commission of suicide by A. B. while the said A. B. was in a state of intoxication and thereby committed an offence punishable under section 227 of the Penal Code.
Charge on section 217
(5) That you on or about the ………….. day of ……………. 20 at ……………….. voluntarily caused grievous hurt to A. B by ……………………. [state details of grievous hurt] and thereby committed an offence punishable under section 247 of the Penal Code.
Charge on section 312
(6) That you between the ……………… day of ……………………. 20 …………………….. and the …………………. day of …………………. being entrusted with ………………… did commit criminal breach of trust by dishonestly misappropriating a sum of N……………. and thereby committed an offence punishable under section 312 of the Penal Code.
Charge on section 324
(7) That you on or about the ………. day of ……………. 20 ………… at ……………… cheated A. B. by falsely pretending to be in the Government Service and thereby dishonestly induced him to deliver ……………………….. [as the case may be] and thereby committed an offence punishable under section 324 of the Penal Code.
B: CHARGES WITH TWO OR MORE HEADS
Charges on section 221 and 224
(1) (a) I……………………. ……………………. [name of presiding officer of court] hereby charge you ……………………………………….. [name of the defendant] as follows –
(b) First-That you on or about the day of ……………….., 20……………. at ………………………………… committed culpable homicide punishable with death by causing the death of A B. and thereby committed an offence punishable under section 221 of the Penal Code.
Secondly – That you on or about the ………. day of ………… 20 ……….. at ……………………. committed culpable homicide not punishable with death by causing the death of A. B. and thereby committed an offence punishable under section 224 of the Penal Code.
Alternative charges on section. 158
(2) That you on or about the ……………… day of ……………. 20 ………….. at …………………… in the course of the inquiry into ……………………. before …………………………………………..stated in evidence that and that you on or about the ……………. day of ……………………., 20 ………….. in the course of the trial of ……………….. before ………………. stated in evidence that ……………… one of which statements you either knew or believed to be false or did not believe to be true, and thereby committed an offence punishable under section 158 of the Penal Code
Alternative charges on section 287, 312 or 317
(3) That you on or about the …………. day of …………………….. at………………… committed theft by stealing a horse the property of A. B. and thereby committed an offence punishable under section 287 of the Penal Code.
(or)
That you on or about the …………….day of …………………….. 20 ……….. at …………………… being entrusted with the said horse committed criminal breach of trust dishonestly misappropriating it and thereby committed an offence punishable under section 312 of the Penal Code
(or)
That you on or about the ……… day of ………. 20 …………………….. at dishonestly received the said horse knowing or having reason to believe that it was stolen property and thereby committed an offence punishable under section 317 of the Penal Code.
UNDER CRIMINAL CODE ‘WITH ONE HEAD
Criminal Code section 118
Criminal Code Section 120(1)
Criminal Code Section 249(a)(i)
of ………………………………. behaved in an indecent ‘manner by exposing your naked person in Broad Street and, thereby committed an offence punishable under section 249(a)(i) of the Criminal Code.
Criminal Code Section 325
Section 326(3)
Section 332(1)
Section 338(1)
Section 360
Section 402
Section 419
Section 430(1)
Section 443
Section 467 (2)(i)
14 That you, on the …………………….. day of ……………………… at ……………………… forged an accountable receipt purporting to be the receipt of C.D., and thereby committed an offence contrary to section 467 (2) (i) of the Criminal Code
CHARGES WITH TWO OR MORE HEADS
Section 230
Secondly-That you, on or about the …………………….day of ……………………. …………………….at …………………….unlawfully procured for C.D (state thing procured) knowing that it was intended to be unlawfully used to procure the miscarriage of a woman and thereby committed an offence punishable under section 230 of the Criminal Code.
Section 248
Secondly- That you, on the …………………….day of ……………………. at …………………… had in your possession for the purpose of sale of matches made with white (yellow) phosphorus and thereby committed an offence punishable under section 248(a) of the Criminal Code.
Section 390
Secondly – That you, on the ……………………. day of ……………………. ……………………. at ………………. stole (state the thing stolen) which had been entrusted to you by C.D for you to retain in safe custody and thereby committed an offence punishable under section 390(8) (b) of the Criminal Code.
Thirdly – That you, on the …………………..day of ………………….. …………………..at…………………..stole(state the thing stolen) which had been received by you for and on account of C.D and thereby committed an offence punishable under section(8) of the Criminal Code.
THIRD SCHEDULE
INFORMATION PRECEDENT
Section 378 (4)
Perjury, contrary to section 118 of the Criminal Code/Section …. Penal Code
Particulars of offence
A.B., on the …………………..day of …………………..20, in the division of ………………….. being a witness upon the trial of an action in the High Court in which one …………………..was plaintiff, and one…………………………….. was defendant, knowingly gave false testimony that he saw one M.W in the street called the Marina, Lagos, on the …………………..day of……………………………, 20 ………………….. .
Uttering counterfeit coin, contrary to section 151 of the Criminal Code/ ………. .
Particulars of offence
A.B., on the ………………….. day of ………………….. 20, at
…………………… market in the division of ……………………. uttered a counterfeit Naira coins/notes, knowing the same to be counterfeit.
Murder, contrary to section 319 of the Criminal Code/……..
Particulars of offence
A.B., on the ……………….. day of ………………. 20 in the division of ……………….. murdered J.S.
Accessory after the fact to murder, contrary to section 322 of the Criminal Code
Particulars of offence
A.B., well knowing that one, H.C, did on the……………………………day of, 20, in the division of……………………………… murdered C.C., did on the day of……………. 20′ and on other days thereafter receive, comfort, harbour, assist and maintain the said H.C.
Manslaughter, contrary to section 325 of the Criminal Code
Particulars of offence
A.B., on the…………………………… day of ………………….., 20 in the division of……………………….unlawfully killed J.S.
Wounded with intent, contrary to section 332, subsection (1) of the Criminal Code
Particulars of offence
A.B., on the ………………………. day of …………………………… 20 in the division of ……………………….. wounded C.D., with intent to maim, disfigure or disable, or to do some grievous harm, or to resist the lawful arrest of him the said A.B
STATEMENT OF OFFENCE-SECOND COUNT
Wounding, contrary to section 338, subsection (1), of the Criminal Code
Particulars of offence
AB., on the……………………………day of ……………………………,20 in the division of …………………….., unlawfully wounded C.D.
Rape, contrary to section 358 of the Criminal Code/Penal Code
Particulars of offence
A.B., on the ………………… day of ……………………………, 20 ……………….. in the division of …………………………… had carnal knowledge of E.F without her consent .
Publishing defamatory matter,, contrary to section 3 7 5, of the Criminal Code
Particulars of offence
A.B., on the ………………. day of ……………….. 20 ……… in division of……………. published defamatory matter affecting E.F., in the form a letter [book, pamphlet, picture, or as the case may be]
[Innuendo should be stated where necessary]
Stealing contrary to section 390, Criminal Code
Particulars of offence
A.B., on the ……………………. day of ………………………. 20 ………………. in the division of …………………., stole a bag, the property of the C.D.
STATEMENT OF OFFENCE-SECOND COUNT
Receiving stolen goods, contrary to section 427 of the Criminal Code/Penal Code
Particulars of offence
A.B., on the ……………………….day of………………………., 20……… in the division of , did receive a bag, the property of C.D., knowing the same to have been stolen.
Stealing by clerks contrary to section 390 (6) of the Criminal Code
Particulars of offence
A.B., on the ………………… day of ………………………. 20 …………………… in the division of ………………………. stole N200.00 which had been entrusted to him by H.S., for him, the said A.B., to retain in safe custody.
STATEMENT OF OFFENCE-SECOND COUNT
Stealing by agents and others, contrary to section 390(8)(b) of the Criminal Code/……..Penal Code
Particulars of offence
A.B., on the ………………….. day of………………….., 20 ………………….. in the division of ………………., stole N200.00 which had been received by him for and on account of L.M.
Robbery with violence, contrary to section 402 of the Criminal Code
Particulars of offence
A.B., on the ……………. day of ………… 20 ……….. in the division of, robbed C.D of a watch, and at, or immediately before or immediately after, the time of such robbery did use violence to the said C.D.
Demanding property by written threats, contrary to section 402 of the Criminal Code
Particulars of offence
AB., on the ………………….. day of ……………………. 20 ………. in the division of, with intent to extort money from C.D., caused the said C.D. to receive a letter containing threats of injury or detriment to be caused to E.F.
Attempt to extort by threats contrary to section 408, of the Criminal Code
Particulars of offence
A.B., on the………………….. day of ………………….. 20 ………… in the division of with intent to extort money from C.C., accused or threatened to accuse the said C.D of an unnatural offence.
Obtaining goods by false pretences, contrary to section 419, of the Criminal Code
Particulars of offence
A.B., on the ………………….. day ……………… of ……………….. 20 …………. in the division of………………….., with intent to defraud, obtained from S.P. five yards of cloth by falsely pretending that he, the said A.B., was a servant to J.S., and that he, the said AB., had then been sent by the said J.S. to S.P. for the said cloth, and that he, the said AB., was then authorised by the said J. S. to receive the said cloth on behalf of the said J.S.
Burglary, contrary to section 411, and stealing, contrary to 3 90(4)(b) of the Criminal Code
Particulars of offence
AB., on the ……………..day of. …………………..20…… , in the division of…………………..,did break and enter the dwelling-house of C.D., with intent to commit a felony therein, namely to steal therein, and did steal therein one watch, the property of S. T.
Conspiracy to defraud, contrary to section 422 of the Criminal Code
Particulars of offence
A.B., on the ………… day of …………, 20……….., and on different days between that day and the ……………… day of …………….. 20 ……………. in the division of ………………. conspired together with intent to defraud by means of an advertisement inserted by them, the said AB. and C.D., in the H.S. newspaper, falsely representing that A.B. and C.D were then carrying on a genuine business as jewellers at , in the division of ………………….. and that they were then able to supply certain articles of jewellry to whomsoever would remit to them the sum
of…………………………………………….
Fraudulent false accounting, contrary to section 438 of the Criminal Code
Particulars of offence
A.B., on the …………… day of …………….. 20……………… in the division of ………………….. and on different days between that day and the day of …………. 20……… being clerk or servant to C.D., with intent to defraud, made, or was privy to making a false entry in a cash book belonging to the said C.D., his employer, purporting to show that on the said day two N200.00 had to L.M
STATEMENT OF OFFENCE-SECOND COUNT
Fraudulent false accounting contrary to section 438 of the Criminal Code/Penal Code
Particulars of offence
AB., on the ………………. day of ………………., 20 ……… in the division of ………………., being clerk or servant to C.D., with intent to defraud, omitted or was privy to omitting from a cash book belonging to the said C.D., his employer, a material particular, that is to say, the receipt on the said day of N100.00 from H.S.
Arson, contrary to section 443, of the Criminal Code
Particulars of offence
A.B., on the ……………..day of………………., 20………….in the division of……………….wilfully and unlawfully set fire to a house.
A.B., arson, contrary to section 443, of the Criminal Code. C.D., accessory before the fact to same offence.
Particulars of offence
A.B., on the ………………. day of ………………., 20 …………. in the division of ………………., wilfully and unlawfully set fire to a house. C.D., on the same day, in the division of …………., did counsel or procure the said A.B. to commit the said offence.
Offence under section 449, subsection (1 ), of the Criminal Code
Particulars of offence
A.B., on the ……………….day of. ………………., 20……………in the division of………………., with intent to obstruct the use of the Nigerian Railway, displaced a sleeper belonging to the said railway.
STATEMENT OF OFFENCE-SECOND COUNT
Obstructing railway, contrary to section 459, of the Criminal Code
Particulars of offence
A.B., on the ………. day of ………………., 20 in the division of ………………., by unlawfully displacing a sleeper belonging to the Nigerian Railway, caused an engine or vehicle in use upon the said railway to be obstructed in its passage.
Damaging trees, contrary to section 451 of the Criminal Code
Particulars of offence
A.B., on the ………………. day of ………. 20 in the division of ………… wilfully and unlawfully damaged a cocoa tree from growing.
Forgery, contrary to section 467(2), of the Criminal Code
Particulars of offence
A.B., on the ………………. day of ………………., 20 ………………. in the division of………………, forged a certain will purporting to be the will of C.D.
STATEMENT OF OFFENCE-SECOND COUNT
Uttering a false document, contrary to section 468 of the Criminal Code
Particulars of offence
A.B., on the ………………. day of ………………. 20 …….. in the division of ………………, knowingly and fraudulently uttered a certain forged will purporting to be the will of C.D.
Prior to the commission of the said offence, the said A.B. has been previously convicted of burglary on the ……………….day of………….20…….., at the Sessions held at……………….
FOURTH SCHEDULE
Section 420 (2) (b), 347 (I) (b), 413 (1), 425 and 434 (b)
Item 1
SCALE OF IMPRISONMENT FOR NON-PAYMENT OF MONEY ORDERED TO BE PAID
(Section 425)
Where the fine does not; | The period of imprisonment shall not exceed |
exceed N2,000.00 | 7 days |
exceed N2,000.00 and does not exceed N5,000.00 | 14 days; |
exceed N5,000.00 and does not exceed N20,000.00 | 1 month; |
exceed N20,000.00 and does not exceed N60,000.00 | 2 months; |
exceed N60,000.00 and does not exceed 100, 000. 00 | 3 months; |
exceed N100,000.00 and does not exceed N200,000.00 | 4 months; |
exceed N200,000.00 and does not exceeds N400,000.00 | 5 months; |
exceed N400,000.00 but does not exceed N600,000.00 | 6 months |
exceed N600,000.00 and does not exceed N1,000,000.00 | 7 months |
exceed N1,000,000.00 and does not exceed N2,000,000.00 | 8 months |
exceeds N2,000,000.00 and does not exceed N5,000,000.00 | 9 months |
exceed N5,000,000.00 and does not exceed N10,000,000.00 | 10 months |
exceed N10,000,000.00 | To the discretion of the Judge from 18 months and above |
Section 413
Order for Sentence of Death to be Carried Out
Public
seal
ORDER FOR EXECUTION
WHEREAS at the COURT …………………………………….. holding at ………………………….. on the ………………………..day……………………. of 20 ……………, one …………………………………………… was duly convicted of a capital offence and was sentenced to death:
AND WHEREAS information derived from the record of the case or elsewhere, having been duly taken into consideration at a meeting of the council of State designated for the purpose in his own deliberate judgment thereafter has decided to recommend to me that I should exercise my powers in relation to the person so convicted:
AND WHEREAS I have decided in accordance with the advice of the said Attorney-General of the Federation to confirm the sentence:
NOW THEREFORE I hereby order that the sentence be carried out according to the law and that the said ……………… be executed at ……………………. at a time and by the person appointed by you and that the body of the said ………………. be buried in the usual place for internment for condemned criminals executed at the place of execution.
AND FOR SO DOING this shall be your Warrant.
GIVEN under my hand and the Public Seal of the Federal Republic of Nigeria this …………. day of ……….. 20 ………
…………………………..
President
To the Sheriff at.
Public
Seal
ORDER FOR COMMUNTATION OF SENTENCE
Section 411
ORDER FOR COMMUNTATION OF SENTENCE
WHEREAS on the ………………………….. day of …………….. 20 ………….. one ………………………………………………………. was duly convicted of a capital offence and was sentenced to death by the ………………………….. holding at ……………………………………………….
AND ‘WHEREAS information derived from the record of the case or elsewhere, having been duly taken into consideration at a meeting of the Council of State thereafter has decided to recommend to me that I should exercise my powers in relation to the person so convicted:
AND WHEREAS I have decided in accordance with the advice of the appropriate authority to confirm the sentence:
NOW THEREFORE I do hereby commute the sentence and direct that the said sentence be not carried out, and that in lieu thereof the said …………………. be imprisoned for …………………………..
GIVEN under my hand and the Public Seal of the Federal Republic of Nigeria this ………….. day of ……………20………….
…………………………..
President
To the Sheriff at ………………………………………………..
(for transmission to the appropriate prisons authority).
Section 36
ENSORSEMENT ON WARRANT OF ARREST
Whereas proof has this day been made before me that the name ………………………………………. subscribed to the within warrant is in the handwriting of the within mentioned ………………………….. ………………………….. …………………………..
I hereby authorise …………………………..who brings me this warrant
and all other persons to whom this warrant was originally directed and also all police officers of the …………………………..to execute this warrant within …………………………..and to within………………………….. and to bring the said………………………………………………….. if arrested within……………:. before me or before some Magistrate of the …………………………..’ to be dealt with according to law.
GIVEN under my hand this ………………………… 20 …………..
…………………………..
Magistrate
ENDORSEMENT ON WARRANT OF DISTRESS
Section 435
Whereas proof has this day been made before me that the name of……………………………………. subscribed to the within warrant is in the handwriting of the within mentioned …………………………………………………… you ………………………………………………………………………are hereby ordered forthwith to make distress of the goods of the defendant ( except the wearing apparel and bedding of him and his family, and, to the value of…………..Naira the tools and implements of his trade); and if within the space of the 5 clear days next after making of such distress unless he consents in writing to an earlier sale, the sum stated in the within warrant, together with the reasonable cost and charges of making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the registrar of this court, and if no such distress can be found, to certify the same to this court.
Dated the…………………………, 20 ………….
…………………………
Judge [or Magistrate]
FORM E
Section 184
WARRANT TO ARREST A PERSON FAILING TO APPEAR PURSUANT TO RECOGNIZANCE
(TITLE OF PROCEEDINGS)
To …………………………………………………………………………..
And …………………………………………………………………………
Whereas………………………… …………………………
Of ……………………………………… is bound by recognizance to appear before this court on ………………………………………………….. (state when) but has failed so to appear:
You are hereby commanded to arrest the said ……………………………….. and bring him before me at …………………………… without delay.
…………………………
Judge (or Magistrate)
FORM F
WARRANT TO CARRY OUT SENTENCE (TITLE OF PROCEEDINGS)
Section 317
To…………………………….
and to the Superintendent of Prison: ……………………………
The defendant ……………………………. was on the …………… day of …………………, 20 …………., sentenced as follows-
No | Offence | Term, Fine, Compensation, Cost, or Strokes | Term in default |
|
The defendant has made default in payment of the above sum (or sums, or 151 and 2nd above named sums, or as the case may be.]
The imprisonment is to commence forthwith [upon the expiration of any other term of imprisonment which the defendant may be now serving]
The terms are to run concurrent [or consecutive, or concurrent as to the ……………… and ……………………, and consecutive as to, or as the case may be.]
You are hereby commanded to take the said defendant and imprison him in accordance with the above sentence and the Law.
Dated the ………………………. day of. ……………………, 20 ……………
…………………………….
Judge (or Magistrate)
FORM G
Section 245
RECOGNIZANCE OF WITNESS
In the Magistrate’s Court of ………………………………. C.D. of ………………………………………… (address and occupation or profession) acknowledges that he/she owes to the Federal Government the sum of …………………. payment thereof to be enforced against him/her by due process of law if he/she fails to comply with the conditions endorsed hereon.
Signature of C.D……………………………
Taken before me this………………..day of………….., 20………………. .
………………………..
Magistrate (Judge)
(Endorsement)
Conditions
The condition of this recognizance is that whereas AB (hereinafter called the accused) was this day charged before me (name of Magistrate), the above-mentioned Magistrate, with (state shortly particulars of offence):
If therefore the said C.D. appears at the High Court of the State on a date to be notified to him later and there gives evidence upon the trial of any information against the accused and in all respects compiles with the requirements of any notice which he/she may subsequently receive relating to this recognizance, then this recognizance shall be void but otherwise shall remain in full force.
FORM GI
RECOGNIZANCE OF WITNESS CONDITIONALLY BOUND OVER
In the Magistrate’s Court of …………………………………………..
C.D……………………………………………………………………………
(address and occupation or profession)
Signature of C.D………………………..
Taken before me this ……………… day of. ……………………….. 20………
……………………….
Magistrate
(Endorsement)
Conditions
Whereas AB (hereinafter called the defendant) was this day charged before me (name of Magistrate), the above-mentioned Magistrate, with (state shortly particulars of offence): and Whereas C.D has been informed that he/she is only conditionally bound over to give evidence at the trial of AB but that, after receiving a notice that he/she will be required to give evidence at the said trial, he/she will then be firmly bound by the following conditions:
If therefore the said C.D. appears at the High Court of ………………………. State on a date to be notified to him/her later and there gives evidence upon the trial of any information against the defendant and in all respects compiles with the requirements of any notice which he may subsequently receive relating to this recognizance, then this recognizance shall be void but otherwise shall remain in full force.
FORM H
Notice to Witness that Defendant has not been Committed for Trial
In the Magistrate’ court of ………………………. were on the ………………….. day of ………………………. 20, ………………………. bound by recognizance in the sum of ………………………………. to appear on a date to be notified to you at the High Court of. State and give evidence upon the trial of AB:
This is to give you notice that the Magistrate has determined not to commit the said AB for trial and that consequently you will not be required to appear at the High Court for the purpose above-mentioned.
Dated the……………………….day of. ………………………. ,20 .
………………………
Judge (or Magistrate)
FORM-E
Notice to Witness bound over that he is to be treated as having been bound over conditionally.
In the Magistrate’ court of. ………………………………………………
Whereas you, C.D of …………………………………….. were on the day of ………………………, 20 ………………………, bound by a recognizance in the sum of ……………………………….. to appear at the High Court of ………………………….State on a date to be notified to you and there give, evidence upon the trial of A.B:
And whereas the Magistrate has since committed the said A.B for trial at the High Court of …………………. State and has directed that you are to be treated as having been bound over to attend the trial conditionally upon notice being given to you:
This is to give you notice that you are not bound by the recognizance entered into by you until and unless you subsequently receive notice that you will be required to give evidence at the trial of the accused A.B.
Dated the ……………. day of. …………………………., 20…………….
………………………….
Judge (or Magistrate)
FORM K
NOTICE TO WITNESS BOUND OVER OR TREATED AS BOUND OVER CONDITIONALLY
In the High/Magistrate’ court of.. .
Whereas you C.D of ………………………………. were on the …………………………. day of ………………………., 20 ………….. bound over conditionally in the sum of …………………………. …………………………. to appear upon being given to you to give evidence upon the trial of A.B (or, whereas you C.D were given notice, after entering into a recognizance to give evidence upon the trial of A.B., that you would not be bound by such recognizance until and unless you subsequently receive notice that you will be required to give at the trial of A.B):
This is to give you notice that you are required to appear and give evidence at the High Court of …………………………. at the trial of A.B on the …………………………. (or on a date to be subsequently notified) and that unless you do so the said recognizance will be forthwith enforced against you.
Dated the………………………….day of………………………….,20 .
………………………………………………..
Registrar of High/Magistrate ‘s Court
FORM L
SECTION 111
COMPTROLLER-GENERAL OF PRJSONS RETURNS OF PERSON(S) AWAITING TRIAL
(Complete form in triplicate per individual)
To the: The Chief Judge of ………………………….and to the Attorney-General of the Federation.
The Chief Judge of …………………………… .. and the Attorney-General of the
Federation are hereby informed that these are the records of all persons awaiting trial held in custody within the Federal Capital Territory/ the Federation for a period beyond 180 days from the date of arraignment.
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……………………………………….
Comptroller-General of Prisons
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