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LAWS OF KADUNA STATE, NIGERIA
ARRANGEMENT OF PARTS
PART I – PRELIMINARY
PART II – THE CONSTITUTION ANDPOWERS OF CRIMINAL COURTS
PART III – ARREST, BAIL AND PREVENTIVE JUSTICE
PART IV – WARRANTS
PART V – PREVENTION OF OFFENCES AND SECURITY FO RGOOD BEHAVIOUR
PART VI – PROCEEDINGS IN ALL CASES SUBSEQUENT TO ORDER TO FURNISH SECURITY
PART VII – PUBLIC NUISANCE
PART VIII – ATTACHMENT WHERE A PERSON DISOBEYS SUMMONS OR WARRANT
PART IX – PROVISIONS RELATIVE TO CRIMINAL TRIALS AND INQUIRIES IN GENERAL
PART X – PLACE OF TRIAL OR INQUIRY
PART XI – POWERS OF THE ATTORNEY-GENERAL
PART XII – CONTROL OF CRIMINAL PROCEEDINGS BY THE ATTORNEY-GENERAL
PART XIII – INSTITUTION OF PROCEEDINGS
PART XIV – FIRST INFORMATION REPORT
PART XV – ENFORCING APPEARANCE OF SUSPECTS
PART XVI – ISSUE, FORM AND SERVICE OF SUMMONS
PART XVII – MISCELLANEOUS PROVISIONS REGARDING PROCESS
PART XVIII – SAVING OF VALIDITY OF PROCESS
PART XIX – SEARCH WARRANTS
PART XX – BAIL AND RECOGNISANCES GENERALLY
PART XXI – PROPERTY AND PERSONS
PART XXII – THE CHARGE
PART XXIII – ALTERATION OR AMENDMENT OF CHARGES
PART XXIV – CONVICTION WHEN CHARGED WITH ONE OF SEVERAL OFFENCES OR OF ANOTHER OFFENCE
PART XXV – PREVIOUS ACQUITTALS OR CONVICTION
PART XXVI – WITNESSES: COMPELLING ATTENDANCE AND TAKING OF OATH OR MAKING OF AFFIRMATION
PART XXVII – WITNESSES: EXPENSES
PART XXVIII – EXAMINATION OF WITNESSES
PART XXIX – PLEA BARGAIN AND PLEA GENERALLY
PART XXX – PERSONS OF UNSOUND MIND
PART XXXI – REMAND PROCEEDINGS AND TIME LIMITS
PART XXXII – PRESENTATION OF CASE BY PROSECUTION AND DEFENCE
PART XXXIII – COSTS, COMPENSATION, DAMAGES AND RESTITUTION
PART XXXIV – CUSTODY, DISPOSAL, RESTORATION OF PROPERTY
PART XXXV – SEIZURE, FORFEITURE, CONFISCATION AND DESTRUCTION OF INSTRUMENTS OF CRIME
PART XXXVI – SUMMARY PROCEDURE IN PERJURY
PART XXXVII – TRIALS AND SUMMARY TRIALS GENERALLY
PART XXXIX – PROVISIONS RELATING TO SENTENCE OF DEATH
PART XL – PROCEDURE WHERE WOMAN CONVICTED OF CAPITAL OFFENCE IS ALLEGED TO BE PREGNANT
PART XLI – SENTENCING: GENERALLY OTHER THAN CAPITAL CRIME
PART XLII – DETENTION IN A SAFE CUSTODY OR SUITABLE PLACE OTHER THAN PRISON OR MENTAL HEALTH ASYLUM
PART XLIII – CHILD OFFENDERS
PART XLIV – PROBATION AND NON-CUSTODIAL ALTERNATIVES
PART XLV – PAROLE
PART XLVI – THE ADMINISTRATION OF CRIMINAL JUSTICE MONITORING COMMITTEE
PART XLVII – TRIAL OF CORPORATION
PART XLVIII – APPEALS
PART XLIX – SUPPLEMENTARY PROVISIONS COMPOUNDING OF OFFENCES
PART L – FEES AND MISCELLANEOUS PROVISIONS
PART LI – INTERPRETATION, SAVINGS AND REPEAL
KADUNA STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW, 2017.
KADUNA STATE OF NIGERIA
LAW NO. …………… 2017
LAW TO PROVIDE FOR THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE COURTS OF KADUNA STATE AND FOR RELATED MATTERS, 2017
(Date of Commencement)
BE IT ENACTED by the House of Assembly of Kaduna State as follows:
PART I – PRELIMINARY
Short Title
Commencement
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;
“Attorney-General” means the Attorney-General of Kaduna State;
“Charge” means the statement of offence or statement of offences with which a Defendant is charged in a trial.
“Chief Judge” means the Chief Judge of the High Court of Kaduna State;
“Child” means a person who has not attained the age of 18 years under the Children and Young Persons Law;
“Committee” means the Administration of Criminal Justice Monitoring Committee established under Section 466 (1) of this Law;
“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 Law;
“Court” includes Customary Courts presided over by legal practitioners, Shari’a Court, Magistrates’ Court, and State High Court;
“Currency” means coins, notes and other legal tender;
“Defendant” means any person against whom a complaint or charge is made;
“District” means a District into which the State is divided for the purposes of any Law 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
“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 Law to be a felony;
“Fine” includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under this Law;
“Functions” includes powers and duties;
“Future enactment” means any enactment passed after the commencement of this Law;
“Governor” mean the Governor of Kaduna State;
“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;
“House of Assembly” means the Kaduna State House of Assembly;
“High Court” means the High Court of Kaduna State; Administration of Criminal Justice Law, 2017 Page 3
“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 a charge against a person in Court;
“Infant” means a person who has not attained the age of seven years;
“Judge” includes a Judge of a High Court, Magistrate or a Judge of the Customary Court and Khadi or Grand Khadi;
“Law Officer” means the Attorney-General and the Solicitor-General 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 authorized by the Attorney-General to appear for and on behalf of the Attorney-General;
“Law Enforcement Officer” means where the context so admits, include any Officer of any Law enforcement agency established by an Act of the National Assembly or any Law made by the House of Assembly;
“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;
“Licensed courier company” means a courier company registered under the relevant Law;
“Magistrate” means a Magistrate appointed in accordance with the Law of Kaduna State;
“Magistrates’ Court” means Magistrates’ Court established under the Law of Kaduna State;
“Medical Officer” means a Medical Doctor attached to an asylum or Medical Doctor from whom a Court requires an opinion;
“Misdemeanour” means 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 a Law of the State House of Assembly or the National Assembly for which Courts of Kaduna State have jurisdiction.
“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-heard criminal matter” means a trial which has not been concluded by the Court.
“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 charge and in conformity with other conditions imposed by the prosecution, in return for a lighter sentence than that for the higher charge subject to the Court’s approval;
“Police Officer” includes any member of the Nigeria Police Force established by the Police Act;
“Prescribed” means as provided by rules made under the authority of this Law;
“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 or of the Shari’a or Customary 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 authorized by the sheriff or a deputy sheriff to execute process of a Court;
“State” means Kaduna State;
“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 or Customary Court Judge when sitting in Court to hear and determine any matters within his power and jurisdiction either under the provisions of this Law or any other 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 Law or any other Law;
“Summary trial” means any trial by a Magistrate or a trial by a High Court commenced without filing a charge;
“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;
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 Law for the realization of its purposes.
Application
Saving Existing Appointments
(1) Any Magistrate, Alkali or Judge appointed within the State before the commencement of this Law. Accordingly, every Magistrate shall be deemed to have been appointed under this Law and shall exercise his duties in the District in which he was serving before the commencement of this Law
(2) Any Officer performing duties in connection with a Court constituted under any Law before the commencement of this Law shall be deemed to have been appointed as such under this Law.
Trial of Offences Under Other Laws
PART II
THE CONSTITUTION AND POWERS OF CRIMINAL COURTS
(a) the High Court;
(b) Courts of the Chief Magistrates of the First grade;
(c) Courts of the Chief Magistrates of the Second grade;
(d) Courts of the Senior Magistrates of the First grade;
(e) Courts of the Senior Magistrates of the Second grade;
(f) Courts of the Magistrates of the First, Second and Third grades;
(g) Shari’a Court of the Upper grade;
(h) the Shari’a Court;
(i) the Upper Customary Court;
(j) the Customary Court; and
(k) any other Court that may be created by the House of Assembly.
Power to Divide the State into Divisions or Districts
(a) divide the State into Magisterial Districts for the purpose of establishing Magistrate Courts;
(b) constitute any part of the State as a Magisterial District for the purpose of establishing Magistrate Courts;
(c) distinguish such Magisterial Districts by such names or numbers as he may deem appropriate.;
(d) vary the limit of any such Magisterial Districts; and
(e) create or designate divisions of the High Court to handle specific criminal matters solely or in addition to other matters or causes.
(2) In exercising the powers conferred in this Section, the Chief Judge shall be guided by Section 1 of this Law.
Establishment and Jurisdiction of Magistrate Court in Each District
(2) A Magistrate Court shall have such jurisdiction as is conferred upon it by this Law or any other Law.
Presiding Officer Not to Exceed Powers
(a) the Magistrate of each Magisterial District shall be the Presiding Magistrate of the Court of such District wherein he shall have and exercise all the jurisdiction and powers conferred upon him by his appointment; and accordingly;
(b) no Magistrate, Shari’a and Customary Courts shall exercise any jurisdiction or powers in excess of those conferred upon him by his appointment.
(2) Where the Chief Judge assigns two or more Magistrates to any Magisterial District, each Magistrate shall be a Presiding Officer of the Court of such District, and each sitting separately shall have and exercise all the jurisdiction and powers conferred upon him by his appointment.
Appointment of Magistrates
(2) The Judicial Service Commission may appoint any qualified person to the office of Magistrate.
(3) The appointment of Magistrates shall be made in compliance with the provisions of any Law made by the State House of Assembly.
Territorial Jurisdiction of Magistrates
Power of Chief Magistrate to Direct a Subordinate Magistrate
Offences Under the Penal Code and the Jurisdiction of Customary Courts
(2) Any offence under the Penal Code, other than Sections 57 (b), 60 (1), 60 (2), 80, 81, 82, 83, 84, 85, 86, 87, 88 , 89, 90, 91, 248, 257, 258, 259, 279, 280, 283, 287, 289, 355, 338, 343, 344, 345, 346, 347, 348, 349, 350, 351 and 370, may be tried by any Customary Court by which such offence is shown in the seventh column of Appendix A to be triable or by any Court with greater powers.
(3) Subject to the provisions of subsection (2), the jurisdiction of the Shari’a and Customary Court shall be governed by the provisions of the Law establishing them.
Offences Under Other Laws
(2) When no Court is so mentioned, such offence may be tried by the High Court or any Court constituted under this Law.
PROVIDED that, in trying any such offence:
(a) a Chief Magistrate of the First grade shall not try such an offence punishable with imprisonment for a term which may exceed fourteen years or with a fine exceeding three hundred thousand naira;
(b) a Chief Magistrate of the Second grade shall not try an offence punishable with an imprisonment for a term which may exceed twelve years or with a fine exceeding two hundred thousand naira;
(c) a Senior Magistrate of the First grade shall not try an offence punishable with imprisonment for a term which may exceed ten years or with a fine exceeding hundred thousand naira;
(d) a Senior Magistrate of the Second grade shall not try an offence punishable with imprisonment for a term which may exceed eight years or with a fine exceeding seventy thousand naira;
(e) a Magistrate of the First grade shall not try an offence punishable with imprisonment for a term which may exceed five years or with fine exceeding fifty thousand naira;
(f) a Magistrate of the Second grade shall not try an offence punishable with imprisonment for a term not exceeding three years or with a fine not exceeding forty thousand naira;
(g) a Magistrate of the Third grade shall not try an offence punishable with a imprisonment for a term that may exceed eighteen months or with a fine exceeding twenty thousand naira.
(3) Nothing in subsection (2) shall be deemed to confer upon any Court any jurisdiction in excess of that conferred upon that Court by Sections 18 to 23.
Jurisdiction of High Court
Jurisdiction of the Magistrate to Pass Sentence
(a) imprisonment for a term not exceeding fourteen years;
(b) fine not exceeding three hundred thousand naira;
(c) canning; and
(d) detention under Section 34 of the Penal Code.
(2) A Chief Magistrate of the Second grade may pass the following sentence:
(a) imprisonment for a term not exceeding twelve years;
(b) fine not exceeding two hundred thousand
(c) canning; and
(d) detention under Section 34 of the Penal Code.
(3) A Senior Magistrate of the First grade may pass the following sentences:
(a) imprisonment for a term not exceeding ten years;
(b) fine not exceeding one hundred thousand Naira
(c) canning; and
(d) detention under Section 34 of the Penal Code.
(4) A Senior Magistrate of the Second grade may pass the following sentences:
(a) imprisonment for a term not exceeding eight years;
(b) fine not exceeding seventy thousand naira;
(c) canning;
(d) detention under Section 34 of Penal Code.
(5) A Magistrate of the First grade may pass the following sentences:
(a) imprisonment for a term of not exceeding five years;
(b) fine not exceeding fifty thousand naira;
(c) canning; and
(d) detention under Section 34 of the Penal Code.
(6) A Magistrate of the Second grade may pass the following sentences:
(a) imprisonment for a term not exceeding three years;
(b) fine not exceeding forty thousand naira;
(c) canning; and
(d) detention under Section 34 of the Penal Code.
(7) A Magistrate of the Third grade may pass the following sentences:
(a) imprisonment for a term not exceeding eighteen months;
(b) fine not exceeding twenty hundred naira;
(c) canning; and
(d) detention under Section 34 of the Penal Code.
Power of the House of Assembly to Expired Jurisdiction
Combination of Sentences
Imprisonment in default of Payment of fine
PROVIDED that, the term of imprisonment shall not be in excess of the powers of the Court under Section 18 of this Law.
(2) In cases falling under this Section a Court shall not be limited by the provisions of Section 18 but shall not impose consecutive sentences exceeding in the aggregate twice the amount of punishment which is in excess of its ordinary jurisdiction.
Power to Bind Parties to be Good Behaviour
PART III
ARREST, BAIL AND PREVENTIVE JUSTICE.
(1) With or without a Court Order or Warrant only in the circumstances mentioned in Section 40 of this Law,
(2) Where there is a reasonable suspicion that any Suspect has committed an indictable offence, the Commissioner of Police shall ensure that the investigation of such offence is conducted in conjunction with designated Law Officers from the Ministry of Justice of the State.
(3) Upon a request by the Police, the Attorney-General shall, not later than 3 days of receiving such request assign a Law Officer to work with the Police in the investigation provided that this provision shall not derogate from the powers of the Police to conduct investigation speedily.
(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.
(2) The Police Officer or the person making the arrest 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 Administration of Criminal Justice Law, 2017 Page 13
(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.
(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 person shall not be arrested merely on a civil wrong or breach of contract.
(3) A Suspect shall be brought before the Court as prescribed by this Law or any other 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 Law unless otherwise Stated in this Law.
(a) may search the Suspect, using such force as may be reasonably necessary for the purpose; and
(b) shall keep in safe custody all articles other than necessary wearing apparel found on the Suspect.
(2) Where a Suspect is admitted to bail, he shall not, subject to the provisions of Section 33 of this Law, be searched unless there are reasonable grounds for believing that he has on his person any:
(a) stolen articles;
(b) instruments of violence or poisonous substance;
(c) tools connected with the kind of offence which he is alleged to have committed; or Administration of Criminal Justice Law, 2017 Page 14
(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 gender.
(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.
(2) An inventory recorded under subsection (1) of this Section shall be duly signed by the Police Officer and the Suspect, but the failure or neglect of the Suspect to sign the inventory shall not invalidate it.
(3) The Suspect, his legal practitioner or such other person, as the suspect may direct, shall be given a copy of the inventory.
(4) Where any property has been taken under this Section from a 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 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 an offence.
(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, if 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.
(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.
(a) the alleged offence;
(b) the date and circumstances of his arrest;
(c) his full name, occupation, residential address, email; and
(d) for the purpose of identification:
(i) his height,
(ii) his photograph,
(iii) his full fingerprint impressions,
(iv) Bank Verification Number,
(v) DNA whenever possible
(vi) national identity number,
(vii) telephone number, and
(viii) 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 or audio device.
(5) An oral confession of arrested Suspect shall be admissible in evidence.
(6) A Prosecutor who seeks to rely on a confessional Statement allegedly made voluntarily by a Suspect shall, while presenting the prosecution’s case adduce evidence to show the voluntariness of the said Statement.
(7) Any objection to the admissibility to such confessional Statement shall be recorded and shall be ruled upon by the Court while delivering judgment in the substantive case.
(2) The Registry shall maintain in both electronic and manual forms a record of all persons arrested, discharged, acquitted or convicted in the State.
(3) For the purposes of subsection (1) of this Section, there shall be established at every Area Command a Criminal Records Registry which shall keep and transmit all such records to the State Criminal Records Registry, Kaduna and the Central Criminal Records Registry at the Police Headquarters, Abuja.
(4) The State Police Command shall ensure that the decisions of the Court in all criminal trials are transmitted to the State and Central Criminal Records Registries within 30 days of the judgment.
(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 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, telephone number and/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.
(a) whom he suspects on reasonable grounds of having committed an offence against a Law of the State or against the Law of any other State, 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 he suspects on reasonable grounds of having been involved in an act committed at a place outside the State which, if committed in the State, would have been punished as an offence, and for which he is, under a Law in force in the State, liable to be apprehended and detained in the State;
(g) having in his possession without Lawful excuse, the burden of proving same 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 the State 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 warrant has been issued or whom he is directed to arrest by a Judge, Magistrate, 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;
(l) required to appear by a public summons issued under this Law or any other Law; or
(m) whom he reasonably suspects to be damaging any public property.
(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 Law creating the offence provides that the Suspect cannot be arrested without a warrant.
(2) Where the true name and residential address of the Suspect has been ascertained, he shall be released on his executing a recognizance, with or without sureties, to appear before a Magistrate, Shari’a and Customary if so required, but if the person is not resident in the State, a surety or sureties resident in the State 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 he fails to execute recognizance, or, where so required, to furnish sufficient sureties, he 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.
(2) A Suspect found committing an offence involving injury to property may be arrested without a warrant by the owner of the property or his servants, agent or any other person.
(3) A private person may arrest any Suspect found damaging public property.
(2) Where there is reason to believe that the arrested Suspect comes under the provisions of Section 41 (1) of this Law, 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 41 (2) of this Law.
(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 Officer in charge shall make the entries in the crime diary or relevant record.
(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 provided that no person shall be liable for any action carried out in good faith.
(7) The provisions of Section 37 of this Law 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.
(2) 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.
(3) Where a Suspect is arrested in accordance with the provisions of either subsection (1) or (2) of this Law, 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 any other person.
(4) A Judge or Magistrate may arrest or direct the arrest of a Suspect committing an offence in his presence and shall thereupon hand him over to a Police Officer who shall proceed to take necessary action.
(2) The report shall contain the full particulars of arrested Suspects as prescribed by Section 37 of this Law.
(3) A register of arrests containing the particulars prescribed in Section 37 of this Law shall be kept in the prescribed form at every police station or agency authorized by Law to make arrests, and every arrest, whether made with or without warrant, within the local limits of the police station or agency, shall be entered accordingly by the Officer in charge of the police station or official in charge of the agency as soon as the Suspect is brought to the station or agency.
(4) The Attorney-General shall establish an electronic and manual database of all records of arrests in the State.
(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 upon the execution of a bond 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 shall refer the matter to the Attorney-General for legal advice and cause the Suspect to be taken before a Court having jurisdiction with respect to the offence within a reasonable time.
(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 Court or the place in which the police station named in the recognizance is situate.
(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.
(2) The report shall contain the particulars of the Suspects arrested as prescribed in Section 34 of this Law.
(3) The Magistrate shall on receipt of the report, forward them to the Administration of Criminal Justice Monitoring Committee which shall analyze the reports and advice the Attorney- General as to the mode of arrests, bail and related matters.
(4) The Attorney-General may, upon request by the National Human Rights Commission, the Legal Aid Council of Nigeria or a Non-Governmental Organization, make the report available.
(5) Where no report is made in accordance with subsection (1) of this Section, the Magistrate shall forward a report to the Chief Judge for appropriate remedial action.
(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 authorized 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) Where there is default by an Officer in charge of a police station or official in-charge of an agency authorized 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 in 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 IV
WARRANTS
(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 or 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.
(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.
(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.
(3) Where a Court has reason to believe, whether after evidence or not, that a Suspect, against whom a warrant of arrest has been issued by itself or by any Court has absconded or is concealing himself so that the warrant cannot be executed, the Court may publish a public summons in writing requiring that person to appear at a specific place and a specific time not less than 30 days from the date of publishing the 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 the premises or to some conspicuous place in the town or village in which the persons to be served 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 a judge of the High Court or Magistrate to the effect that the public summons was duly published on a specified day, shall be conclusive evidence that the requirements of this Section have been complied with and that the public summons was published on such day.
(2) A warrant of arrest may be executed by any Police Officer at any time and in any place in the State other than within a Court room in which a Court is 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 be brought before the Court that issued the warrant of arrest.
(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 60 of this Law, the provisions of subsections (3) and (4) of this Section shall not have effect with respect to a warrant executed outside the State.
(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 to give bail to the satisfaction of the Court within the division or District of which he was arrested; or
(b) where a direction has been endorsed under Section 59 of this Law 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 59 of this Law.
(2) A warrant issued under this Section may be executed in accordance with Section 58 of this Law.
PART V
PREVENTION OF OFFENCES AND SECURITY FOR GOOD BEHAVIOUR
(2) A Police Officer may on his authority intervene to prevent an injury attempted to be committed in his presence to any person, or damage to public property, whether movable or immovable, or removal of or damage to any public landmark or buoy or other mark used for navigation.
(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 authorized 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 gas installation, or electrical installation; or
(c) in the prevention of the removal of, or damage to any public landmark, buoy or other mark used for navigation.
(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, Shari’a or Customary Court 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) Proceedings shall not be taken under this Section unless the Suspect is:
(a) in the State, and
(b) subject of the information under subsection (1) 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.
(a) a Suspect is taking precautions to conceal his presence within the local limits of the Magistrate’s District; and
(b) there is reason to believe that the Suspect is taking steps with a view to committing an offence, 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 sureties, for his good behaviour for such period not exceeding 1 year, as the Magistrate deems fit.
(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;
(f) habitually commits or attempts to commit offences involving violence to, or abuse of children or women;
(g) is so desperate or dangerous as to render his being at large without security hazardous to the community, such Magistrate, Shari’a and Customary Courts may, in the manner provided in this Law, 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.
(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.
(2) Where it appears to the Magistrate, Shari’a and Customary Courts 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, Shari’a and Customary Courts may at any time issue a warrant for his arrest.
(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 71 of this Law 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 68 of this Law 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 71 of this Law; 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 70 of this Law 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.
(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 71 of this Law ;
(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 184 of this Law.
(2) A Suspect ordered to give security for good behaviour under this Section may appeal to the High Court.
(a) in custody only for the purpose of the inquiry, release him; or
(b) not in custody, discharge him.
PART VI
PROCEEDINGS IN ALL CASES SUBSEQUENT TO ORDER TO FURNISH SECURITY
(2) In other cases, the period shall commence on the date of the order unless the Court, for sufficient reason, fixes a later date.
(2) On an application being made, the Magistrate, Shari’a and Customary Courts shall, if 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 before a Magistrate, Shari’a and Customary Courts, the Court 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 79, 80, 81 and 82 of this Law, be deemed to be an order under Section 76 of this Law.
PART VII
PUBLIC 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 to be fixed by the order and apply to have the order set aside or modified in the manner hereinafter provided.
(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 courier, 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.
(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.
(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.
PART VIII
ATTACHMENT WHERE A PERSON DISOBEYS SUMMONS OR WARRANT
(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.
(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 shall be forfeited to the State Government as the case maybe.
(a) before or after the issue of the summons, the Court 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 empowered by this Law to issue a warrant for the arrest of a Suspect may issue a summons in place of a warrant where he thinks fit.
PART IX
PROVISIONS RELATING TO CRIMINAL TRIALS AND INQUIRIES IN GENERAL
(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.
(2) Subject to the provisions of Section 69 of this Law, a complaint may, unless some Laws 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, or for a number of offences disclosed in one transaction or events, but the complaint shall not be voided by describing the offence, or any material act relating to it in alternative words according to the language of the Law constituting such 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 provided the referral shall include an order not to detain the Suspect before investigation.
(6) After the investigation the police shall charge the Suspect to Court where the punishment for the offence is less than 3 years or refer the matter to the Attorney-General where the offence attracts more than 3 years imprisonment.
(7) Any complaint which is based on a civil cause shall not be entertained save such complaints have obvious criminal elements,
PART X
PLACE OF TRIAL OR INQUIRY
(a) the offence was wholly or in part committed, or some act forming part of the offence was done within its jurisdiction;
(b) the consequence of the offence has ensued within its jurisdiction;
(c) some offence was committed by reference to which the offence is defined; 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 having knowledge of the offence.
(2) A criminal charge shall be filed and tried in the division or District where the alleged offence was committed unless it can be shown that it is convenient to do otherwise for administrative, security or other reasons.
(a) is commenced in the State and completed in another State, or
(b) is completed in the State after being commenced in another State,
the Suspect may be tried and punished as if the offence had actually or wholly been committed in the State.
(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.
(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 reassignment to that other Court, and where appropriate, remand the Defendant 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.
(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.
(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 for a period not exceeding 14 days, 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, or is to be dealt with.
(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.
PART XI
POWERS OF THE ATTORNEY-GENERAL
(2) The Attorney-General may authorize any other person to exercise any or all the powers conferred on him under this Section.
(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 or Director of Public Prosecutions to the Court before whom the proceeding is pending.
(3) The Attorney-General may request from the Police or any other agency for the case file in any matter and the Police or other agency shall immediately send the case file as requested.
(a) the Attorney-General or a Law Officer in his Ministry or Department;
(b) a legal practitioner authorized by the Attorney-General or any other person;
(c) a legal practitioner authorized to prosecute by this Law or any other Law of the State House of Assembly.
(2) On receipt of a complaint relating to the Commission of an offence punishable with death, or such other offence(s) as may be specified by the Governor and published in the State gazette, the Attorney-General shall assign a Law Officer to investigate the said offence(s) in conjunction with the police
(3) It shall be the responsibility of the Commissioner of Police of the State to, within 7 days of the commission of any offence covered by subsection 2 of this section, notify the Attorney- General.
PART XII
CONTROL OF CRIMINAL PROCEEDINGS BY THE ATTORNEY-GENERAL
(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 testify.
(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.
(2) Where the withdrawal 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 shall not operate as a bar to subsequent proceedings against him on account of the same facts, except as otherwise provided under this Section.
PART XIII
INSTITUTION OF PROCEEDINGS
(a) in a Magistrates, Shari’a and Customary Courts, by a complaint whether or not on oath or upon receiving a First Information Report;
(b) in the High Court, by a charge filed by or on behalf of the Attorney-General subject to Section 117 of this Law;
(c) by a charge filed in the Court after the Defendant has been summarily committed for perjury by a Court under the provisions of this Law;
(d) by a charge filed in the Court by any other prosecuting authority; or
(e) by a charge filed by a private Prosecutor subject to the provisions of this Law.
(a) by bringing a Suspect arrested without a warrant before the Court on a complaint specifying the name, address, age, sex and occupation of 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 119 of this Law;
(b) upon receiving a First Information Report on the commission of an offence for which the police are authorized 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 103 of this Law, 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 (1) (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 308 of this Law.
(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.
(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 he was charged;
(f) the Courts before which he was arraigned;
(g) name of the prosecuting agency;
(h) name of the Prosecutor; and
(i) 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 purpose of this Law.
PART XIV
FIRST INFORMATION REPORT
(a) one for which the police are authorised to arrest without a warrant, and
(b) triable by a Magistrate, Alkali or Judge 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 122 (a) of this Law.
(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 (3) of this Section, the Officer in charge of the police station shall act as follows:
(a) he shall forthwith proceed to the 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 station 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, Alkali or Judge within whose jurisdiction the police station is situated.
(7) Where the Suspect appears or is brought before the Magistrate, Alkali or Judge, the particulars of the offence of which he 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, Alkali or Judge.
(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, Alkali or Judge 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, Alkali or Judge 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, Alkali or Judge is of the opinion that there is ground that the Suspect has committed an offence triable under this part, which such Magistrate, Shari’a and Customary Courts is competent to try and which, in the opinion of the Magistrate, Alkali or Judge could be adequately punished, the Magistrate, Alkali or Judge shall frame a charge stating the offence and direct that the Suspect be tried in another Magistrate, Shari’a and Customary Court.
(11) Where in the proceeding before a Magistrate, Shari’a and Customary Courts, 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 in accordance with the provisions of this Law.
PART XV
ENFORCING APPEARANCE OF SUSPECTS
(a) in his discretion, refuse to issue a 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, Alkali or Judge 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 XVI
ISSUE, FORM AND SERVICE OF SUMMONS
(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, in accordance with the Local Government Law;
(d) the Commissioner of Police of the State; or the Divisional Police Officer within the jurisdiction of the issuing Court;
(e) any State Government Ministry, Department or Agency, to the Attorney-General or to the Legal Department or Legal Adviser of such Ministry, Department or Agency;
(f) any arm of the armed forces, to the Director of Legal Services of the Service or Command concerned.
(2) The Officer in charge of the department shall, on receiving the summons, cause it to be served in the manner provided by Section 136 (a) of this Law and shall return the duplicate to the Court under his signature, with the endorsement required by Section 140 of this Law, which signature shall be evidence of the service.
(2) Where service is not effected by delivering the summons to an individual but by some other method under this Law, the person effecting service shall endorse on the duplicate particulars of the method by which he effected service.
(a) arrested by the person serving the summons or any other person with powers of arrest under this Law 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.
(a) may dispense with his personal attendance; or
(b) where the offence is punishable by fine only, the Defendant may plead guilty in writing or by his legal practitioner.
(2) The Magistrate, Alkali or Judge trying a case in which the presence of the Defendant has 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, Alkali or Judge imposes a fine on a Defendant whose personal attendance has been dispensed with under this Section, the Magistrate, Alkali or Judge 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 Law 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 him.
PART XVII
MISCELLANEOUS PROVISIONS REGARDING PROCESS
(a) any irregularity, defect, or error in the summons or warrant, or the issuing, service, or execution of the summons or warrant;
(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.
(a) attaches and sells property under Section 95 of this Law;
(b) demands security to keep the peace;
(c) demands security for good behaviour;
(d) discharges a person Lawfully bound to be of good behaviour;
(e) cancels a bond to keep the peace;
(f) makes an Order under Section 87 of this Law as to a public nuisance;
(g) prohibits, under Section 93 of this Law, the repetition or continuance of a public nuisance;
(h) tries an offender; or
(i) decides an appeal; the proceedings shall be void.
PART XVIII
SAVING OF VALIDITY OF PROCESS
(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 by reason of any defect in the warrant or of any irregularity in the execution of the warrant.
(3) This Law 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.
(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.
PART XIX
SEARCH WARRANTS
(a) anything upon or in respect of which any offence has been or is suspected to have been committed,
(b) anything for which there is reasonable ground of believing will provide evidence to the commission of an offence, or
(c) anything for which there is reasonable ground of believing is intended to be used for the purpose of committing an offence, the Court may at any time issue a warrant authorizing an Officer of the Court, a 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 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 so fit to direct on the warrant.
(2) A warrant shall remain in force until it is executed or cancelled by the Court which issued it.
(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 Section 31 of this Law.
(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 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 copy thereof of 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, shall give notice to the woman that she may withdraw and shall afford her every reasonable facility for withdrawing and may then enter the building.
(2) A list of all things recovered in the course of search and of the places in which they were found shall be drawn up by the person carrying out the search in accordance with Section 162 (5) of this Law and a copy of the list forwarded to the Judge, Magistrate who issued the warrant for his information with indication as in the prescribed form set out in the Appendix D to this Law on the search warrant of the things:
(a) seized, detained or caused to be detained; and
(b) items 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) Where the police or any other agency carrying out the search is authorized or required by Law to dispose of the items seized in accordance with the provisions of Section 157 of this Law, the police or agency shall release the proceeds of, or 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.
PART XX
BAIL AND RECOGNISANCES GENERALLY
(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 Law.
(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.
(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 two years; or
(c) any other circumstances that the Judge may, in the particular facts of the case, consider exceptional.
(a) where there is reasonable ground to believe that the Defendant will, where released on bail, commit the same or another offence;
(b) attempt to evade his trial;
(c) attempt to influence, intimidate witnesses, and or interfere with the investigation of the case;
(d) attempt to conceal or destroy evidence;
(e) undermine or jeopardize the objectives or the purpose or the functioning of the criminal justice administration, including the bail system;
(f) any offence involving sexual misconduct, bodily harm of any kind, or affecting the well-being of a child.
(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.
(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.
(a) bail conditions required by a Magistrate’s Court or Police Officer be reviewed; or
(b) Defendant in custody in the State be admitted to bail.
(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.
(a) the Defendant for whose appearance it has been entered into or security executed shall be released; and
(b) where he 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.
(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 records the reason for the variation of the Order or Committal of the Defendant.
(a) is about to leave the State, 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.
(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 to prison to await trial or admit him to bail for the same or an increased amount as the Court may deem just.
(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.
(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 Surety 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.
(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 Law 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 Law, 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.
(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.
(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.
(2) A person shall not engage in the business of bail bond services without being duly registered and licensed in accordance with subsection (1) of this Section.
(3) A person who engages in bail bond services without registration and license or in contravention of the regulation or terms of his license is liable to a fine of at least five hundred thousand naira or imprisonment for a term not less than 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 license, revoke same.
(5) A bonds person 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 bondsperson is registered.
(6) A person or organization shall not be registered as a bondsperson unless the person is, or the organization 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 bondsperson’s recognizance.
(7) A registered bondsperson shall maintain with a bank or insurance company designated in his license, such fully paid deposit to the limit of the amount of bond or recognizance to which his license permits him to undertake.
(8) The Chief Judge may withdraw the registration of a bondsperson who contravenes the terms of his license.
(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 XXI
PROPERTY AND PERSONS
(a) the property belongs to, or was 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 others;
(b) the property belongs to a company, association, club or society, be described, subject to the provisions of any other Law, 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 described as the property 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 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 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 State or of the town, or village, or 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 recognized as a valid marriage under any Law in force in Nigeria, be stated as belonging to the married woman.
(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 upon a coroner’s inquisition.
PART XXII
THE 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 not 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.
(2) A charge sheet may be filed with the photograph of the Defendant print, provided that where the photograph is not available, it shall not invalidate the charge.
(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 the 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 if any;
(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.
(2) The prosecution may, at any time before judgment, file and serve notice of additional evidence.
(3) The charge and all accompanying processes shall be served on the Defendant or his legal representative, if any.
(2) Figures, expressions and abbreviation may be used for expressing anything which is commonly expressed by those figures, expression or abbreviation.
(2) Where property is vested in more than one persons and the owners of that property are referred to in the charge, the property may be described as being owned in accordance with the appropriate provision set out in Section 202 of this Law.
(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 that purpose or the Court may, in its discretion, amend the proceedings by substituting the name of some person or persons for the registered title.
(2) In a case of theft and receiving by false pretences, the bank note 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 any other person, and that part should have been returned accordingly.
(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.
(2) Where it is necessary to refer to a document or an instrument in a charge, it is sufficient to describe it by any name or designation by which it is commonly known, or by the purport of the document without setting out the content.
(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.
(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 223 to 228 of this Law.
PART XXIII
ALTERATION OR AMENDMENT OF CHARGES
(2) The Court may in appropriate cases frame a charge or add or alter the charge as the case may be having regard to the provisions of this Law.
(3) 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.
(2) The Court shall proceed with the trial as if the new or altered charge 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.
(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 XXIV
CONVICTION WHEN CHARGED WITH ONE OF SEVERAL OFFENCES OR OF ANOTHER 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 if 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.
(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 letters of the alphabet.
(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 or other electronic means;
(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 in the circumstance.
(4) The provision of this Section shall apply to:
(a) offences mentioned under Section 244 of this Law;
(b) offences of Armed Robbery, kidnapping, abduction and other crimes involving the use of or threat of violence;
(c) offences under the Terrorism (Prevention) Act and its amendments;
(d) offences relating to Economic and Financial Crimes;
(e) trafficking in Persons and related offences; and
(f) any other offence in respect of which a Law of the State House of 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.
(2) Nothing in subsection (1) of this Section prevents a Defendant who is tried for the homicide 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 Law or any other Law.
(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.
(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 the charges withdrawn.
PART XXV
PREVIOUS ACQUITTALS OR CONVICTION
(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 retrial.
PART XXVI
WITNESSES: COMPELLING ATTENDANCE AND TAKING OF OATH OR MAKING OF AFFIRMATION
(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.
(2) The process server has the responsibility to effect 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 135 or 136 of this Law or, with leave of the Court.
(4) Section 138 and Sections 141 to 144 of this Law shall apply to the summons.
(5) Service of processes may be effected by registered reputable courier companies, recognized and authorized by the Chief Judge in accordance with the provisions of this Law, and such registered courier companies may be assigned to the Courts with criminal jurisdiction as process servers in accordance with subsection (1) of this Section.
(6) The Attorney-General 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.
(7) Proof of service of a process or document shall be endorsed by the recipient and the process server shall file the endorsed copy together with an affidavit of service.
(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.
(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 Law 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.
(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 less than N50,000.00 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.
(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 less than 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 XXVII
WITNESSES: EXPENSES
PART XXVIII
EXAMINATION OF WITNESSES
(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 272 of this Law, exclude the public at any stage of the hearing on the grounds of public policy, decency or expediency.
(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.
(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 taking of the evidence of such person.
(a) authorise the exclusion of bona fide representatives of a newspaper, broadcast or 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 made.
(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.
(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.
(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 Children and Young Persons Law, or any other Law 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 Law, be deemed to be the true age of that person.
(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.
(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 402 of this Law 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.
(2) Where proceedings in respect of an offence are instituted by a Police Officer, it shall be in the name of the Police or Commissioner of Police.
(3) Where a proceeding in respect of an offence is instituted on behalf of the Attorney-General, it shall be in the name of the People of Kaduna State.
(4) The Attorney-General of the Federation may delegate to the Attorney-General of the State 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.
(6) Where proceedings in respect of an offence are instituted by an agency authorized by Law to prosecute, it shall do so in its name.
PART XXIX
PLEA BARGAIN AND PLEA GENERALLY
(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 during or after the presentation of the evidence of the prosecution, but before the presentation of the evidence of the defence, provided that in any offence affecting the human body, the consent of the victim must First be sought and obtained before entering into a plea bargain.
(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 terms 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 be 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 (4) 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 by providing relevant information for the prosecution of other Defendants,
(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 returns the proceeds of the crime 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 (4) 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
(8) The presiding judge or Magistrate before whom the criminal proceedings are pending shall not participate in the discussion contemplated in subsection (4) 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 terms of the agreement which shall be delivered by the Court in accordance with Section 325 of this Law; 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 (7) 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 (10) (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 Law, 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 lawfully 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 Law, commits an offence and is liable on conviction to imprisonment for 5 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 to the Defendant’s right to lead evidence and to present argument relevant to 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 novo before another presiding judge or Magistrate, as the case may be.
(16) Where a trial proceeds as contemplated under subsection (15),
(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 shall not enter into a similar plea and sentence agreement.
(2) The Defendant to be tried on a charge shall be:
(a) brought before the Court unfettered unless the Court sees cause otherwise to order and the charge 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 charge, 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 read over and explained to him in the language he understands, and shall record the plea of the Defendant to the charge as nearly as possible in the words used by him.
(a) record his plea as nearly as possible;
(b) invite the prosecution to state the facts 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.
(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 Law in relation to persons of unsound mind shall apply.
(a) by virtue of Section 250 of this Law 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 plea, or if it finds that it is false in fact, the Defendant shall be required to plead to the charge.
(4) Nothing in this Section shall prevent a Defendant from pleading that, by virtue of some other provision of Law, he is not liable to be prosecuted or tried for an offence with which he is charged.
PART XXX
PERSONS OF UNSOUND 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 of 3 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 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.
(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 compulsory for him to be present in Court during proceedings under this Section.
(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, 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, the Defendant may be committed to an asylum or other suitable place of custody for safe custody.
(2) In exercising this discretion, the Attorney-General shall ensure that the Defendant is placed in such facility as to afford him adequate care at the expense of the State.
(2) Where the Attorney-General 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.
(a) properly taken care of; and
(b) 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 290 of this Law, 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 293 and 299 of this Law shall apply, with necessary modifications, to a Defendant delivered to the care and custody of a relative or friend under this Section.
PART XXXI
REMAND PROCEEDINGS & TIME LIMITS
(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 ins Appendix D to this Law; and
(b) be verified on oath and contain reasons for the remand request.
(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.
(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 171 to 201 of this Law.
(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 Commissioner of Police and the Attorney-General,
(b) 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 Commissioner of Police or the Attorney-General of the State to show cause why the Suspect remanded should not be unconditionally released.
(5) Where the Commissioner of Police and the Attorney-General 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.
(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 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 indicates that the Suspect remanded has no case to answer, the Court shall release the Suspect immediately.
(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.
PART XXXII
PRESENTATION OF CASE BY PROSECUTION AND DEFENCE
(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.
(3) After the case of the prosecution is concluded, the Defendant or the legal practitioner representing him, if any, is entitled to address the Court to present his case and to adduce evidence where so required.
(2) The Defendant or his legal practitioner shall have 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 this Section, the Court shall, 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
(d) 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.
(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.
(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 20 of this Law.
(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.
(2) After the Court has made its finding, the Court shall pronounce that finding in the open Court.
(2) The Magistrate, instead of writing the judgment, may record briefly in the book or file his decision or finding and his reason for the decision or finding.
(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.
(2) The Court shall, in pronouncing sentence, consider the following factors:
(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 in 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.
(2) Where a desire is expressed under subsection (1) of this Section and consent is given:
(a) make an entry to that effect on the record book or file; and
(b) the prosecution shall state the facts of the case in accordance with Section 312 of this Law.
(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 248 to 249 of this Law, 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.
(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.
(a) omission or error as to time and place; or
(b) defect in form in any order or warrant of commitment given under this Law, 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 XXXIII
COSTS, COMPENSATION, DAMAGES AND RESTITUTION
(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 payment referred to in subsection (1) of this Section is imposed in a case which is subject to appeal, no payment may 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 compensation may be made under this Section irrespective of the fact that no fine has been imposed on the Defendant in the judgment.
(2) The pendency of criminal proceedings shall not be a bar to a civil action in Court in respect of the same subject matter.
(a) 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:
(b) to return the property to the owner or to a person designated by the owner,
(c) where the return of the property is impossible or impracticable, to pay an amount equal to the value of the property, or
(d) 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.
(2) in addition to or in lieu of any other penalty authorized 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
(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.
(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 Law or the Court may sentence the person to Community Service in accordance with Section 457 of this Law.
(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. Provided that the amount ordered to be paid as compensation shall be paid into an interest yielding account in any manner as may be directed by the Court pending the determination of the appeal.
(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 Law, the Court shall explain the full effect of this Section to the person to whom compensation is payable.
(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.
(a) allow time for payment of the fine;
(b) direct that the fine be paid by instalments;
(c) postpone the issue of a warrant under Section 337 of this Law;
(d) without postponing the issue of a warrant under Section 337 of this Law, 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 authorized in this Law 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.
(2) The damages awarded under this Section, shall be recovered in like manner, as prescribed in Section 336 of this Law.
PART XXXIV
CUSTODY, DISPOSAL, RESTORATION OF PROPERTY
(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.
(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.
(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 State, or any other appropriate account, as the may be authorized.
(3) Where an order is made under this Section in a case from which an appeal lies, the order shall not, 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 XXXV
SEIZURE, FORFEITURE, CONFISCATION AND DESTRUCTION OF INSTRUMENTS 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 347 of this Law.
Destruction of Seditious, Prohibited or Obsence Publications and of Obsence Object
(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 Subjects 344 or 345
Restoration of Possession of Immovable Property
(2) An order under this Section shall not prejudice any right or interest or in the immovable property which a victim, including the convict, may be 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.
(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.
(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.
(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.
(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.
(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
(3) 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 lodgment made with the Central Bank by a commercial bank.
PART XXXVI
SUMMARY PROCEDURE IN PERJURY
(a) commit him for trial on a charge 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 Appendix E to this Law.
(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 XXXVII
TRIALS AND SUMMARY TRIALS GENERALLY
(a) by the Attorney General or a Law Officer in his office;
(b) by a Legal Officer of any prosecuting agency;
(c) by a private Prosecutor duly authorized by the Attorney-General; or
(d) summarily, in accordance with the provisions of this Law.
(2) Trials shall be held in the Magistrate Court or any other Court exercising criminal jurisdiction in accordance with the provisions of this Law relating to summary trials.
(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 on two consecutive sessions of the Court, the Court shall enquire from the Defendant if he wishes to engage 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 engage a legal practitioner for himself within a reasonable time, the Court may direct that the Defendant be represented by a legal practitioner engaged by way of Legal Aid.
(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) A legal practitioner so engaged shall be paid such reasonable sum as may be determined by the Attorney-General
(7) Where the Defendant chooses to represent himself, the Court shall:
(a) inform him of his rights under the Constitution of the Federal Republic of Nigeria, 1999 and under this Law; and
(b) indicate the fact of having so informed the Defendant on the record;
(c) a Defendant charged with a capital offence or an offence punishable with life imprisonment shall not be allowed to represent and defend himself in person.
(8) 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.
(9) Where a legal practitioner intends to disengage from a matter, he shall notify the Court, not less than seven (7) days before the date fixed for hearing and such notice shall be served on the Court and all parties.
(a) the High Court in respect of perjury;
(b) respect of an offence which by a Law made by the House of Assembly is triable summarily; and
(c) respect of a trial for an offence punishable with less than 3 years imprisonment in the Magistrate Court.
(2) In a trial in any Court, 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.
(2) Where the Court receives a reasonable excuse for the nonappearance 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.
(a) satisfied that the summons, if any, has been duly served, may issue a 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 warrant, 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 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.
(2) The Court may, in the order, include such direction as to the payment of costs as the Court considers fit.
(2) Where the Defendant pleads guilty and the Court is satisfied that he has admitted the offence and shown no cause or no sufficient cause why sentence should not be passed, the Court shall proceed to sentence him.
(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
(6) The Prosecutor may put questions to each witness called by the Defendant 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.
(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 crossexamination; 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.
(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.
(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.
(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 Law, 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.
(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 its genuineness.
(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 or file to be kept for that purpose and the book or files 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 authorized 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.
(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.
(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.
(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 30 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 information or charge as requested by the Law Officer.
(2) The request of the Law Officer so consulted shall be filed within 14days 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.
(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.
(2) The Attorney-General 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 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;
(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 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 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 Law.
(9) A form as prescribed in Appendix F to this Law, 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 organization 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 organization 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 Registrar shall, upon receipt of the form, forward same to the State Director of the Legal Aid Council or to the nearest Legal Aid Council office where the Court is located.
(a) the Attorney-General or Officers in his office;
(b) a public Officer acting in his official capacity;
(c) a private legal practitioner authorized by the Attorney- General; or
(d) a private person, provided the charge is endorsed by a Law Officer that he has seen such charge and declined to prosecute at the public instance and the private person enters into a bond to prosecute diligently and to a logical conclusion.
(2) On assigning the charge, the Court to which the charge 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 charge not more than 3 days from the date they are issued.
(3) Where the Defendant named in the charge is in custody, the notice of trial and the charge 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 charge shall be served on him personally.
(5) Where it is impossible or impracticable to effect personal service of the notice of trial and charge 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 charge were served on him less than 3 days before the date of trial, where he consents to being so tried.
(a) the charge is endorsed by the Attorney-General or a Law Officer acting on his behalf stating that he has seen the charge and has declined to prosecute the offence set out in the charge; 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 charge 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 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.
(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 he considers that the ends of justice so require in any case, apply to the Court either to transfer the hearing from one division to another or from one part of the division to another p art of the same division.
(c) no appeal shall lie from any order of transfer made under this Section.
(2) After the plea has been taken, the Defendant may raise any objection to the validity of the charge at any time before judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment.
(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 adjournment 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) Where a Judge or Magistrate conducting a trial is transferred to another jurisdiction he shall be given a dispensation by the Chief Judge to conclude any part that matters in his last jurisdiction within a reasonable time after assuming office in the new jurisdiction.
(8) 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.
PART XXXIX
PROVISIONS RELATING TO SENTENCE OF DEATH
(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.
(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.”
(a) hand a copy each of the certificate issued by the Judge under the provisions of Section 414 of this Law to the Commissioner of Police, and 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.
(2) The Committee on Prerogative of Mercy shall consider the request and make its recommendation to the Governor.
(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.
(2) The Order of the Governor:
(a) shall State the date and time the execution is to be carried out, and give directions as to the place of the burial 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 Governor, the specified Officer shall endorse on the order his signature the place and time of execution and place of burial.
PROVIDED that, where the Governor fails or neglects to sign the execution order, the execution order shall take effect on the First working day after the First anniversary of the death sentence.
PART XL
PROCEDURE WHERE WOMAN CONVICTED OF CAPITAL OFFENCE IS ALLEGED TO BE 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 411 of this Law.
PART XLI
SENTENCING GENERALLY OTHER THAN CAPITAL SENTENCE
(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 408 of this Law:
(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 may be considered and subtracted from the sentence of the convict;
(f) trial Court may 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 322 of this Law;
(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 appellate 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.
(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.
(3) 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.
(4) 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.
(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 authorized by this Law to be imposed by the Magistrate or under the Law by virtue of which he was appointed a Magistrate; and
(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 Appendix E of this Law.
(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 authorized 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.
(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.
(2) Such provisions as may be reviewed and shall be published in the Gazette.
(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 State.
(a) issue a warrant of committal;
(b) allow time for the payment of the said sum; and 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.
(2) Where a sum of money is directed to be paid by instalments and default is made in the payment of any one instalment, proceedings may be taken as if default has been made in the payment of all the instalments 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 committal in respect of the non-payment of the sum and states that he prefers immediate committal, the Court may, if it thinks fit, issue a warrant committing him to prison.
(4) A warrant of committal issued under the provisions of this Section may be executed on any day, including a Sunday or a public holiday.
(a) reduce the amount for which it was ordered that the surety or sureties should be bound;
(b) dispense with the surety or sureties; or
(c) otherwise deal with the case as it deems fit.
(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 it may consider to be appropriate in 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.
(a) order the fine or penalty to be recovered 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 Appendix E to this Law.
(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 in manner from executing the warrant , the Magistrate may, by writing under his hand endorse on the warrant, authorizing 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, 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 a public auction not later 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 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 conviction, to a penalty not exceeding N20,000.00 or imprisonment for a term not exceeding six months.
(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, may be given 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.
(2) Nothing herein contained shall be deemed to authorize the infliction of a Haddi lashing upon any person other than a Muslim and in accordance with the provisions of subsection (2) of Section 32 of the Penal Code.
(2) No sentence of caning shall be executed by instalments.
(3) No sentence of caning shall be inflicted on:
(a) females;
(b) males sentenced to death; or
(c) males whom the Court considers to be more than fortyfive years of age.
(4) The sentence shall be inflicted with an ordinary horse whip.
(a) after taking a medical opinion, again order the execution of the sentence; or
(b) substitute for it any other sentence which it could have passed at the trial.
(2) Where during the execution of caning it appears to the registrar of the Court that the offender is not in a fit state of health to undergo the remainder of the sentence, the caning shall immediately be stopped and the remainder of the sentence be remitted.
(3) In either case the Court shall be informed of the stay of execution.
(2) Where the offender is sentenced to caning only and States to the Court his intention to appeal in accordance with the provision of subsection (1), the Court shall release him pending the expiration of fifteen days or, where an appeal is made within that time, disposal of the appeal by the appellate Court on his furnishing bail to the satisfaction of the Court for his appearance at such time or place as the Court may direct for the execution of the sentence, the Court shall release him pending such appearance.
(3) Where the offender is sentenced to caning only and furnishes bail to the satisfaction of the Court for his appearance at such time or place as the Court may direct for the execution of the sentence the Court shall release him pending such appearance.
PART XLII
DETENTION IN A SAFE CUSTODY OR SUITABLE PLACE OTHER THAN PRISON OR MENTAL HEALTH ASYLUM
(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 Governor on license.
(3) The Governor may at any time revoke or vary a license and where a license has been revoked, the person to whom the license relates shall proceed to such place as the Governor may direct and if he fails to do so may be arrested without warrant and taken to the place.
PART XLIII
CHILD OFFENDERS
(2) Notwithstanding subsection (1) of this Section, the provisions of this Law relating to bail shall apply to bail proceedings of a Young offender.
PART XLIV
PROBATION AND NON-CUSTODIAL ALTERNATIVES
(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 by acts or omission, contributed 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 in connection with, such restitution or delivery, shall have the like effect as a conviction.
(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 circumstances of the case, consider necessary for preventing a repetition of the same offence or the commission of other offences.
(3) The Court making a Probation Order shall furnish to the Defendant a notice in writing stating in simple terms the conditions he is required to observe.
(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 be specified in the Probation order or as the Probation Officer may think fit;
(b) ensure that he observes the conditions of his recognizance;
(c) report to the Court as to his behaviour; and
(d) advise and assist him if, and when necessary.
(2) The Chief Judge shall make regulations with respect to the appointment of Probation Officers, including designation of persons of good character as Probation Officers from which a Court within the District or division where the Probation Officer resides may make its appointment under Section 452 of this Law.
(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.
(2) The Defendant when 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.
(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.
(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 shall 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,
(vi) Bank Verification Number, National Identification Number or Voters Identification Card,
(vii) telephone number, and email,
(viii) 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.
(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.
(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 N100,000.00 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 of N50, 000.00 or more, or such other punishment as the Court considers fit.
(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.
(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 ServiceCentre, 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.
(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 convict 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.
(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 XLV
PAROLE
(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, he may make a recommendation to the Committee on Prerogative of Mercy for their consideration
(2) A prisoner released under subsection (1) of this Section shall undergo a rehabilitation programme in a government facility where available or any other appropriate facility to enable him to be properly reintegrated into the society.
PART XLVI
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 who shall be the Chairman;
(b) a Judge of the High Court;
(c) Grand Khadi or Khadi;
(d) President, Customary Court of Appeal or Judge;
(e) Attorney-General or his representative not below the rank of a Director in the Ministry;
(f) Director of Public Prosecution;
(g) the Commissioner of Police or his representative not below the rank of Chief Superintendent of Police;
(h) the Controller of the Nigeria Prisons in the State or his representative not below the rank of Chief Superintendent;
(i) the State Director of the National Human Rights Commission or his representative not below the rank of Assistant Director;
(j) the Chairman of any of the local branch of the Nigeria Bar Association in the State to serve for two years only;
(k) State Director of Department of Security Service or his representative;
(l) the State Director of the Legal Aid Council of Nigeria or his representative not below the rank of Assistant Director; and
(m) 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 applicable to State Boards, Commissions and Agencies approved by the State Executive Council.
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 cooperation amongst the organs in the administration of justice in the State;
(f) collate, analyze and publish information in relation to the administration of criminal justice sector in the State;
(g) submit quarterly reports to the Governor 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 nominated by the Attorney-General.
(3) The Secretary shall be a legal practitioner of not less than 5 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 reappointed for another term of 4 years and no more.
(6) Subject to this Section, the Secretary shall hold 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;
(b) such monies as may, from time to time, be provided to the Committee by any public, private or international organization 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 Law.
(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.
(3) The audited accounts shall be forwarded to the Governor for his consideration and directives.
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 Law 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 period of 7 days.
Proceedings and Quorum of the Committee
(2) The quorum at a meeting of the Committee shall consist of the Chairman or his representative and five 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 matter to be considered by the Committee shall disclose his interest and shall not vote on any issue relating to the proposal.
PART XLVII
TRIAL OF CORPORATION
Interpretation Under this Part
(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 authorized to do, but a person so appointed shall not, by virtue only of his being 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
Charge Against a Corporation
Joinder of Court in Same Charge
Power of Representative
(a) state, whether the corporation is ready to be tried on a charge or altered charge 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 a charge, notwithstanding that a copy of the charge 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
Savings 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 XLVIII
APPEALS
Appeals from Customary Courts
(2) Appeals from Shari’a Courts in criminal matters shall be in accordance with Shari’a Criminal Courts.
Appeals from other Courts
Appeal from Magistrate Courts
(2) 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.
(3) 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.
(4) 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.
(5) 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 notice setting forth the grounds of his appeal which shall be signed by the appellant or the legal practitioner representing him.
(6) An appellant, shall file as many copies of his notice of grounds of appeal, as there are parties to be served, in addition to the copies for the Court.
(7) In his grounds of appeal, the appellant shall set forth in separate ground, 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.
(8) Without prejudice to the generality of subsection (7), the grounds of appeal may set forth all or any of the following:
(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 Law;
(h) that some other specific illegality, not mentioned and substantially affecting the merits of the case, have been committed in the course of the proceedings; or
(i) that the sentence passed on conviction is excessive or in-adequate, unless the sentence is one fixed by Law.
(9) Where the appellant relies upon the grounds of appeal mentioned in subsection (8) (d), the name of the Court shall be Stated and, if it is alleged that a decision has been made, date of such decision.
(10) Where the appellant relies upon the ground of appeal mentioned in subsection (8) (g), the nature of the error shall be Stated and, where he relies upon the ground of appeal mentioned in subsection (8) (h), the illegality complained of shall be clearly specified.
(11) A sentence by a Magistrate Court shall take effect notwithstanding an appeal unless:
(i) a warrant has been issued under Section 337 of this Law when no sale of property shall take place until the sentence has been confirmed or
(ii) that the sentence passed on the Convict is excessive or in-adequate, unless the sentence is one fixed by Law.
(12) Where the appellant relies upon the grounds of appeal mentioned in subsection (8) (d), the name of the Court shall be Stated and, if it is alleged that a decision has been made, the date of such decision.
(13) Where the appellant relies upon the grounds of appeal mentioned in subsection (8) (g), the particulars of the error shall be Stated and where he relies upon the ground of appeal mentioned in subsection (8) (h), the illegality complained of shall be clearly specified.
(14) A sentence by a Magistrate Court shall take effect notwithstanding an appeal unless:
(a) a warrant has been issued under Section 337 of this Law 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 shall ultimately undergo.
(15) A High Court exercising appellate jurisdiction shall not, in the exercise of such jurisdiction, interfere with the finding or sentence or 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 XLIX
SUPPLEMENTARY PROVISIONS COMPOUNDING OF OFFENCES
Compounding of Offence
(2) When any offence is compoundable under this Section, the abetment of such offence or attempt to commit such offence, when attempt is itself an offence, may be compounded in a similar manner.
(3) Where a person who would otherwise be competent to compound an offence under eighteen years of age, an idiot or a lunatic, any person competent to contract on his behalf may compound the offence.
(4) The offence mentioned in Part 1 of Appendix C may be compounded without the leave of the Court at any time before the Defendant has been convicted by the Court or committed for trial to the High Court.
(5) The offences in Part II of Appendix C may be compounded before the Defendant is convicted by a Court or committed for trial only with the leave of the Court which has jurisdiction to try the Defendant for the offence or commit him for trial.
(6) After a committal for trial an offence shall not be compounded except with the leave of the:
(a) Magistrate Court where trial has not commenced, or
(b) the Court trying the case where the trial has commenced and has not been concluded.
(7) After a trial has been concluded, an offence shall not be compounded except with the leave of the Court to which an appeal would lie.
(8) The compounding of an offence under this Section shall have the effect of an acquittal of the Defendant.
(9) No offence shall be compounded except as provided under this Section.
PART L
FEES AND MISCELLANEOUS PROVISIONS
Payment of Fees
Suspension of Payment of fees
Power to Make Rules of Court
Use of Forms in the Appendix
Power to Make Rules of Court
(a) fees, costs or compensations to be paid under this Law 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 Law;
(d) the method of issue of process under this Law, 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 Law;
(f) regulation and management of non-custodial punishments provided under this Law; and
(g) generally carrying into effect the purposes of this Law.
Non-compliance and Absence of Express Provisions
(2) Where there are no express provisions in this Law, the Court may apply any procedure that will meet the justice of the case.
PART LI
INTERPRETATION, SAVINGS AND REPEAL
(2) Nothing in this Law shall affect the validity of any investigation, prosecution, charge, or proceedings initiated or commenced under the Penal Code or any other Law before the coming into force of this Law.
Repeal
APPENDIX A
TABULAR STATEMENT OF OFFENCES
Explanatory Notes:
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant ornot (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128) | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 athead of Appendix | Customary Courts with least powers by which triable
|
|||
45 | Abetment of any offence, if the act abetted is committed in consequence and where no express provision is made for its punishment | May arrest without warrant for the offence abetted may be made without but not otherwise.
|
According as a warrant or summons may issue for the offence abetted | The same punishment as the offence abetted | Same court as offence abetted
|
Same Court as the offence abetted
|
|||
47 | Abetment if the act abetted is committed in consequence where no express provision is made for its punishment | Ditto | Ditto | The same punishment as the offence abetted
|
Same court as offence abetted
|
Same Court as the offence abetted
|
|||
48 | Abetment of any offence, if the person abetted does the act with a different intention from that of the abettor. | Ditto | Ditto | The same punishment as for the offence intended to be abetted.
|
Ditto | Ditto | |||
49 | Abetment of any offence, when one act is abetted and a different act done. | Ditto | Ditto | The same punishment as for the offence intended to be abetted. | Ditto | Ditto | |||
50 | Abettor when liable to cumulative punishment for the act abetted and the act done. | Ditto | Ditto | Punishment for each offence as under section 47 and section 51 of the penal code | Ditto | Ditto | |||
51 | Liability of abettor for an effect is caused by the act abetted different from that intended by the abettor | Ditto | Ditto | The same punishment as for the offence intended to be abetted.
|
Ditto | Ditto | |||
52 | Abetment of any offence, if the abettor present when offence is committed | Ditto | Ditto | Ditto | Ditto | Ditto | |||
53 | Abetment of any offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment | Ditto | Ditto | Imprisonment for seven years and fine of not less than N200,000 or both
|
Ditto | Ditto | |||
If the abettor to a public servant whose duty it is prevent the offence | Ditto | Ditto | Imprisonment for ten years and fine of N500,000 or both | Ditto | Ditto | ||||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance(see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Notee 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
54 | Abetment of an offence punishable with imprisonment, if the offence be not committed in consequence of the abetment | May arrest without warrant if arrest for the offence abetted may be made without warrant but not other
|
According as a warrant or summons may issue for the offence abetted
|
Imprisonment extending to a quarter of the longest term provided for offence or fine or both
|
Same court as the offence abetted
|
Same court as the offence abetted
|
|||
If the abettor be a public servant whose duty it is to prevent the offence | ditto | Ditto | Imprisonment extending to half of the longest term provided for the offence or fine or both | ditto
|
Ditto
|
||||
55 | Abetting the commission of an offence by the public or by more than ten persons | Ditto | Ditto | Imprisonment for five years or fine of N100,000 or both | Ditto | Ditto | |||
56
|
Administering unlawful oath to commit offence | Shall not arrest without warrant
|
Warrant | Imprisonment for seven years fine of N50,000 or both | Chief magistrate | Customary Courts
|
|||
If offence is an offence punishable with death | Ditto | Ditto | Imprisonment for life or fine or both | High court | No jurisdiction
|
||||
CHAPTER VI-ATTEMPTS TO COMMIT OFFENCES | |||||||||
57 | Attempting to commit offence punishable with imprisonment and in such attempt doing any act toward the commission of the offence | According as the offence is one in respect of which the police may arrest without warrant or not
|
According as the offence is one in respect of which a summons or warrant shall ordinarily issue
|
Imprisonment extending to half of the longest term provided for the offence or fine or both
|
The same court as the offence attempted
|
The same court as the offence attempted
|
|||
CHAPTER VII-PUNISHABLE FOR CRIMINAL CONSPIRACY | |||||||||
59 | Punishment for criminal conspiracy:- (1)To commit offence punishable with death or life imprisonment (2) a party to criminal conspiracy | Shall not arrest without warrant
Ditto
|
Warrant
Ditto
|
The same punishment as for abetment of offence Imprisonment for one year or fine of not less than N25,000
|
High court
Magistrate of the First Grade
|
No jurisdiction
Customary Court
|
|||
61 | Punishment for participating in unlawful society | Ditto | Ditto | Imprisonment for seven years or fine orboth | Ditto | Customary courts
|
|||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
63 | Breach of official trust: | Shall not arrest without warrant
Ditto |
Warrant
Summons |
Imprisonment for fourteen years and fine N50,000
Imprisonment for two years or fine of N25,000 or both |
High court
Magistrate of the Second Grade |
No jurisdiction
Customary Courts
|
|||
CHAPTER IX – OFFENCES AGAINST THE PUBLIC PEACE | |||||||||
66 | Punishment for membership of an unlawful society | May arrest without warrant
|
Summons | Imprisonment for two years or fine of N25,000 or both | Magistrate of the Second Grade
|
Customary Courts
|
|||
67 | Joining unlawful assembly armed with offensive weapon | Ditto | Ditto | Imprisonment for two years or fine of N25,000 or both | Magistrate of the Second Grade
|
Ditto
|
|||
68 | Joining or continuing in unlawful assembly knowing that it has been commanded to disperse | Ditto | Ditto | Imprisonment for five years or fine of N25,000 or both | Magistrate of the First Grade
|
Ditto
|
|||
70 | Punishment for rioting | Ditto | Ditto | Imprisonment for six years or fine of N25,000 or both | Senior Magistrate of the Second Grade
|
Ditto
|
|||
71 | Rioting armed with offensive weapon | Ditto | Ditto | Imprisonment for ten years or fine of N25,000 or both | Senior Magistrate of the First Grade | Ditto
|
|||
74 | Joining or remaining in unlawful assembly | Ditto | Ditto | Imprisonment for six months or fine of N25,000 or both | Magistrate of the second grade
|
Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under thePenal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
75 | Wearing and carrying of emblem flag, etc | May arrest without warrant
|
Summons | Imprisonment for six years or fine of N100,000 or both and forfeiture of emblem, flag, etc | Senior Magistrate of the First Grade
|
Customary Courts
|
|||
76 | Assaulting or obstructing public servant when suppressing riot, etc | Ditto | Warrant | Imprisonment for five years or fine N25,000 or both
|
Senior Magistrate of the Third Grade
|
Customary Courts
|
|||
77 | Disturbance of public peace | Ditto | Summons | Imprisonment for three years fine of N25,000 or both | Magistrate of the Second Grade
|
Customary Courts
|
|||
78 | Inciting disturbance | Ditto | Ditto | Imprisonment for twenty one years and 12 strokes of cane. | High Court | Ditto
|
|||
CHAPTER X- OFFENCES BY OR RELATING TO PUBLIC SERVANTS
|
|||||||||
79A | Public servant taking bribe in respect of official act | Shall not arrest without warrant
|
Warrant | Imprisonment for five years or fine or both | Senior Magistrate of the First Grade | No jurisdiction
|
|||
79B | If such public servant acting in judicial capacity or carrying out duties of police officer | Ditto | Ditto | Imprisonment for ten years or fine or both
|
Senior Magistrate of the first grade
|
Ditto
|
|||
80 | Taking a bribe in order to influence a public servant | Ditto | Ditto | Imprisonment for three years or fine | Magistrate of the Second Grade
|
Ditto
|
|||
81 | Abetment by public servant of an offence under section 116 with reference to himself | Ditto | Ditto | Ditto | Ditto | Ditto | |||
82 | Offering or giving bribe to public servant | Ditto | Ditto | Ditto | Ditto | Ditto | |||
83 | Public servant obtaining any valuable thing without consideration from a person concerned in any proceeding or business transacted by such public servant | Ditto | Ditto | Imprisonment for two years or fine of not less than N25,000 or both | Ditto | Ditto | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Not 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
84 | Offering or giving valuable item without consideration | Ditto | Ditto | Imprisonment for five years or fine of N25,000 or both | |||||
85 | Third person profiting by gratification | Ditto | Ditto | Imprisonment for one year or fine N50,000 or both | Ditto | Ditto | |||
86 | Public servant dishonesty receiving money or property not due | Ditto | Ditto | Imprisonment for two years or fine of twice the amount of bribe involved | Ditto | Ditto | |||
87 | Public servant disobeying a direction of law with intent to cause injury or save person from punishment or property from forfeiture | Ditto | Summons | Imprisonment for two years or fine of N25,000 or both
|
Magistrate of the Second Grade
|
Ditto
|
|||
88 | Public servant preparing incorrect document with intent to cause injury | Ditto | Warrant | Imprisonment for five years or fine of N100,000 or both | Senior Magistrate of the Second Grade
|
Ditto
|
|||
89 | Public servant in judicial proceedings acting contrary to law | ditto | ditto | Imprisonment for five years or fine of N100,000 or both | Ditto
|
Ditto
|
|||
90 | Wrongful committal or confinement by public servant | Ditto | Ditto | Imprisonment for seven years or a fine of N100,000 or both | ditto
|
ditto
|
|||
91 | Public servant international omitting to arrest or aiding escape. If offender is under sentence of death If offender is under sentence of imprisonment for ten years or upwards or is charged with an offence punishable with death | Ditto
|
Ditto
|
Imprisonment for fourteen years with or without fine Not less than 10 years without fine Imprisonment for seven years without fine of N100,000 or both | Chief Magistrate Court of the First Grade
Senior Magistrate Court Grade One Ditto
|
Upper Customary Court
Customary Court Ditto |
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
||||
92 | Public servant negligently omitting to arrest or aiding escape. | Ditto | Ditto | Imprisonment for five years or fine of N50,000 or both | Magistrate of the First Grade
|
Ditto
|
|||
93 | Public servant causing danger by omitting to perform his duty. | Ditto | Ditto | Imprisonment for two years or fine of N50,000 or both | Ditto | Ditto | |||
94 | Abandonment of duty by public servant | Ditto | Ditto | Imprisonment for five years or fine of N100,000 or both | Senior Magistrate of the first grade
|
Ditto
|
|||
95 | Public servant unlawfully purchasing property | Ditto | Ditto | Imprisonment for six years or fine of N75,000 or both | ditto | Ditto
|
|||
96 | Impersonating a public servant | ditto | Warrant | Ditto | Ditto | Ditto | |||
96A | Impersonating Government powers of appointment | Ditto | Ditto | Imprisonment for three years and with fine | Ditto
|
||||
96B | Any person who accepts such appointment | Ditto | Ditto | Ditto | Ditto
|
||||
97 | Wearing dress or carrying token used by public servant with intent that it may be believed that the offender is such public servant | ditto | Summons | Imprisonment for five years or fine of not less than N50,000 or both
|
Chief Magistrate of the Second Grade
|
Ditto
|
|||
CHAPTER XI – CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS | |||||||||
98 | Absconding to avoid service of notice or order.
If summons or notice requires attendance, in person, etc., in a court of justice |
Shall not arrest without
warrant Ditto
|
Summons
Ditto
|
Imprisonment for six months or fine of N25,000 or both
Imprisonment for six months or fine of N25,000 or both |
Magistrate of the Second Grade
Ditto
|
Customary Courts
Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
99 | Preventing the service or publication of summons
If summons, etc., requires attendance in person, etc., in a court of justice |
Shall not arrest without warrant
ditto
|
summons
ditto |
Imprisonment for six months or fine of N10,000 or both
Imprisonment for six months or fine of N25,000 or both |
Magistrate of the Third Grade
Magistrate of the second grade
|
Customary Courts Grade II
Ditto
|
|||
100 | Failure to attend in obedience to an order from a public servant
If the summons, etc., requires personal attendance, or attendance by agent in a court of justice |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for six months or fine of N10,000 or both
Imprisonment for six months or fine of N25,000 or both |
Magistrate of the third grade
Magistrate of the second grade
|
Ditto
Ditto
|
|||
101 | Failure to produce document to public servant
If the document is required to be produced in or delivered to a court of justice |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for six months or fine of N10,000 or both
Imprisonment for six months or fine of N25,000 or both |
The court in which the offence is committed, subject to the provisions of chapter XXV, of a Magistrate of the Third Grade
Magistrate of the second grade
|
Ditto
Ditto
|
|||
102 | Failure to give notice or information to public servant
If the notice or information required respects the commission of an offence, etc. |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for six months or fine of N10,000 or both
Imprisonment for six months or fine of N25,000 or both |
Magistrate of the Third Grade
Magistrate of the second grade
|
Ditto
Ditto
|
|||
103 | Furnishing false information
If the information required is in respect of the commission of an offence, etc. |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for six months or fine of N10,000 or both
Imprisonment for six months or fine of N25,000 or both |
Magistrate of the third grade
Magistrate of the second grade
|
Ditto
Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
104 | Giving false information with intend to mislead a public servant | Shall not arrest without warrant
|
Summons | Imprisonment for six months or fine of N25,000 or both | Magistrate of the second Grade
|
Customary Courts Grade II
|
|||
105 | Refusing oath or affirmation when duly required by a public servant | Ditto | Ditto | Imprisonment for six months or fine of N10,000 or both | Magistrate of the third grade
|
Ditto
|
|||
106 | Refusing to answer public servant authorized to question | Ditto | Ditto | Ditto | Ditto | Ditto
|
|||
107 | Refusing to sign statement | Ditto | Ditto | Ditto | Ditto | Ditto | |||
108 | Resistance to seizure of property by lawful authority of a public servant | Ditto | Ditto | Ditto | Ditto
|
Ditto
|
|||
109 | Obstructing sale of property offered for sale by authority of a public servant | Ditto
|
Ditto
|
Imprisonment for three months or fine of N20,000 or both | Ditto
|
Ditto
|
|||
110 | Removing property under lawful seizure | Ditto
|
Ditto
|
Imprisonment for six months or fine of N25,000 or both | Magistrate of the second grade
|
Ditto
|
|||
111 | Illegal purchase or bid for property offered for sale by authority of public servant | Ditto
|
Ditto
|
Imprisonment for three months or fine of N20,000 or both | Magistrate of the third grade
|
Ditto
|
|||
112 | Obstructing public servant in discharge of his public functions | Ditto | Ditto | Imprisonment for six months or fine of N10,000 or both | Ditto
|
Customary Courts
|
|||
113 | Failure to assist public servant when legally bound to give such assistance | Ditto | Ditto | Imprisonment for six months or fine of N10,000 or both | Ditto | Ditto | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least
|
|||
114 | Disobedience to an order duly promulgated by a public servant:-
If such disobedience causes danger. |
ditto | ditto | Imprisonment for six months or fine of N10,000 or both
Imprisonment for one year or fine of N25,000 or both |
Magistrate of the Third Grade
Ditto
|
Ditto
|
|||
115 | Threat of injury to a public servant | Ditto | Ditto | Imprisonment for one year or fine of N25,000 or both | Magistrate of the second grade
|
Customary Courts
|
|||
116 | Threat of injury to induce a person to refrain from applying protection to public servant | Ditto
|
Ditto | Imprisonment for six months or fine of N10,000 or both | Magistrate of the third grade
|
Customary Courts
|
|||
117 | Intentional insult or interruption to public servant sitting in judicial proceeding | Ditto | Ditto | Imprisonment for six months or fine of N20,000 or both | The court in which the offence is committed, subject to the provisions of Chapter XXV, or a Magistrate of the Third Grade | Ditto
|
|||
CHAPTER XII – FALSE EVIDENCE AND OFFENCES RELATING TO THE ADMINISTRATIVE OF JUSTICE
|
|||||||||
120 | Punishment for false evidence
Giving or fabricating false evidence any other case |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for fourteen years and fine of N150,000
Imprisonment for twelve years and fine of not less than N150,000 |
Chief Magistrate Grade One
Senior Magistrate of the Second Grade
|
Upper Customary Court
Ditto
|
|||
121 | Giving false evidence to procure conviction in a capital offence
If innocent person be thereby convicted and executed |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for life
Death
|
High Court
ditto
|
Customary Courts
Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
122 | Giving false evidence to procure conviction for an offence punishable with imprisonment | Shall not arrest without warrant
|
Warrant
|
Punishment as the offender
|
Magistrate of the First Grade
|
Ditto
|
|||
123 | Using evidence known to be false | ditto | ditto | The same as for giving or fabricating false evidence | The same court as may try giving or fabricating the false evidence | As column 6
|
|||
124 | Issuing or signing false evidence | Ditto | Ditto | The same as for giving false evidence | The same court as may giving false evidence | Ditto
|
|||
125 | Using as true a certificate known to be false | Ditto | Ditto | Ditto | Ditto | Ditto
|
|||
126 | False statement in a declaration which by law is receivable as evidence Using as true such declaration known to be false | Ditto
Ditto
|
Ditto
Ditto
|
Ditto
Ditto
|
Ditto
Ditto
|
Ditto
Ditto
|
|||
127 | False translation | Ditto | Ditto | Ditto | Ditto | Ditto | |||
128 | Destruction of document to prevent its production as evidence | Ditto | Warrant | Imprisonment for fourteen years or fine of N150,000 or both | Senior Magistrate of the First Grade
|
Customary Courts
|
|||
Screening of offences | |||||||||
129 | Causing disappearance of evidence or giving false information to screen an offender | Shall not arrest without warrant
|
Warrant | Imprisonment for fourteen years and fine of N150,000 or both | Chief Magistrate of the First Grade
|
Customary Courts
|
|||
130 | Taking bribe to screen an offender from punishment | Ditto | Ditto | Ditto | Ditto | Ditto | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
131 | Offering bribe in consideration of screening an offender | Shall not arrest without warrant
|
Warrant | Imprisonment for fourteen years or fine or both | Chief Magistrate of the First Grade | Customary Courts
|
|||
132 | Penalty for harbouring robbers or brigands | May arrest without warrant | ditto | Imprisonment for twenty one years or fine of N150,000 or both | High Court | Ditto
|
|||
133 | Resistance or obstruction to the lawful arrest of another person If under sentence of death | Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for fourteen years or fine of N150,000 or both Imprisonment for life and fine of N150,000 | Chief Magistrate of the First Grade
High Court
|
Ditto
No jurisdiction
|
|||
134 | Resistance or obstruction by a person to his lawful arrest or escape | Ditto | Ditto | Imprisonment for fourteen years or fine of N150,000 or both | Chief Magistrate of the First Grade
|
Upper Customary Courts
|
|||
135 | Resistance or obstruction to arrest or escape in cases not provided for by section 134 | Ditto | Ditto | Imprisonment for five years or fine of N150,000 or both | Chief Magistrate of the second grade
|
Customary Courts
|
|||
Fraudulent Dealing with property | |||||||||
136 | Fraudulent removal of property to prevent lawful seizure or execution | Shall not arrest without warrant
|
Warrant | Imprisonment for five years or fine of N150,000 or both | Chief Magistrate of the Second Grade
|
Customary Courts
|
|||
137 | Fraudulently suffering a decree or order for sum not due | Ditto | Ditto | Imprisonment for five years or fine N50,00 or both | Magistrate of the First Grade
|
Ditto
|
|||
138 | Fraudulently obtaining a decree for a sum not due, or causing a decree to be executed after it has been satisfied | Ditto | Ditto | Ditto | Ditto | Ditto | |||
139 | Dishonest or fraudulent execution of deed of transfer containing false statement or consideration | Ditto | Ditto | Ditto | Ditto | Ditto | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
140 | Giving false information respecting an offence | Shall not arrest without warrant
|
Warrant | Imprisonment for five years or fine of N50,000 or both | Magistrate of the first Grade | Customary Courts
|
|||
141 | Impersonation
Impersonation of public officer Impersonation of traditional ruler or title holder |
Ditto
ditto ditto
|
Ditto
ditto ditto
|
Imprisonment for six years or fine of N150,000 or both Imprisonment for six years or fine of N150,000 but not exceeding N500,000 Imprisonment for six years or fine of N150,000 but not exceeding N500,000 | Chief Magistrate of the Second Grade | Upper Customary Court | |||
142 | impersonation of a person named in a certificate | Ditto | Ditto | Imprisonment for six years or fine of N50,000 | Customary Court
|
||||
143 | Lending certificate for impersonation | Ditto | Ditto | Imprisonment for seven years or fine of N50,000 |
|
Ditto
|
|||
144 | Impersonation of a person named in a testimonial or character | Ditto | Ditto | Imprisonment for five years or fine of N25,000 | Ditto
|
||||
145 | Lending testimonial for impersonation | Ditto | Ditto | Imprisonment for five years or fine of N25,000 | Ditto | ||||
146 | False charge of offence made with intent to injure
If offence charged to punishable with death or imprisonment for seven years or upwards |
Ditto
|
Ditto
|
Imprisonment for 5 years or fine of N50,000 or both
Impisonment for fourteen years or fine of N150,000 or both |
Magistrate of the first grade
Chief Magistrate of the Second Grade
|
Ditto
Customary Courts
|
|||
147 | Receiving bribe to help recover stolen property | Ditto | Ditto | Imprisonment for fourteen years or fine of N150,000 or both | Chief Magistrate of the first grade
|
Ditto
|
|||
148 | Influencing the course of justice | Ditto | Summons | Imprisonment for five years or fine of N50,000 or both | Magistrate of the first Grade | Customary Courts
|
|||
150 | Unlawful use of external loudspeakers | Ditto | Ditto | Imprisonment for five years or fine of N50,000 | Ditto
|
||||
151 | Smoking in public place | Ditto | Ditto | Imprisonment for one years or fine of N10,000 | Ditto
|
||||
152 | Sale of food or drink not corresponding to description | Ditto | Ditto | Ditto Imprisonment for seven years or Fineof N250,000 | Chief Magistrate of the First Grade | Ditto
|
|||
CHAPTER XIII- PUBLIC NUNCEISA | |||||||||
153 | Adulteration of food ordrink intended for sale | Shall not arrest without warrant | Summons | Imprisonment for seven year or fine of N200,000 | Magistrate of the second Grade | Customary Courts | |||
154 | Adulteration of food ordrink intended for sale | Ditto | Ditto | Imprisonment for seven years or fine of N200,000 or both | Chief Magistrate of the Second Grade
|
Ditto
|
|||
155 | Sale of noxious food or drink | Ditto | Ditto | Imprisonment for seven years or fine of N200,000 or both | Ditto | Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
156 | Adulteration of drug | Shall not arrest without warrant | Summons | Imprisonment for fourteen years or fine of N500,000 or both | High Court | Customary Courts
|
|||
157 | Sale of adulterated drug | Ditto | Ditto | Ditto | Ditto | Ditto | |||
158 | Sale of drug as a different drug or preparation | Ditto | Ditto | Ditto | Ditto | Ditto
|
|||
159 | Fouling of public well or reservoir | Ditto | Ditto | Imprisonment for ten years or fine of N500,000 or both | Ditto | Customary Courts
|
|||
160 | Making atmosphere noxious to health | Ditto | Ditto | Imprisonment for six months or fine of N50,000 or both | Magistrate of the Third Grade
|
Customary Courts | |||
161 | Exhibition of a false light, mark or buoy | May arrest without warrant | Warrant | Imprisonment for ten years or fine of N500,000 or both | High Court | Customary Courts
|
|||
162 | Obstruction on public way or line of navigation | Ditto | Summons | Ditto | Ditto | Customary Courts | |||
163 | Employee engaged on work of public utility ceasing work without notice | Shall not arrest without warrant
|
Ditto | Imprisonment for six months or fine of N20,000 or both | Magistrate of the Third Grade
|
Customary Courts
|
|||
164 | Negligent conduct causing danger to person or property | May arrest without warrant | Ditto | Imprisonment for seven years or fine of N100,000 or both | Senior Magistrate of the First Grade
|
Ditto
|
|||
165 | Negligent conduct with respect to animals | Ditto | Ditto | Imprisonment for seven years or fine of N100,000 or both | Ditto | Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
166 | Punishment for public nuisance in cases not provided for | Shall not arrest without warrant
|
Summons | Imprisonment for one year or fine of N10,000 or both | Magistrate of the Third Grade | Customary Courts
|
|||
167 | Continuance of nuisance after injunction to discontinue | May arrest without warrant
|
Ditto
|
Imprisonment for ten years or fine of N200,000 or both | Chief Magistrate of the Second Grade
|
Customary Courts
|
|||
168 | Obscene or indecent acts | ditto | Warrant | Ditto | Ditto
|
Ditto
|
|||
169 | Keeping a brothel
(1) Prostitution or practicing prostitution in a brothel (2) Involvement, keeping, managing and maintaining a brothel |
Ditto
Ditto Ditto
|
Summons
Summons Ditto
|
Imprisonment for five years or fine of N500,000 or both Imprisonment for five years or fine of N100,000 or both
Imprisonment for fourteen years or fine of N500,000 or both |
High Court
Ditto Ditto
|
No jurisdiction
|
|||
170 | Sale of obscene books | Ditto | Warrant | Imprisonment for ten years or fine N50,000 or both | Senior Magistrate of the First Grade | Customary Courts
|
|||
171 | Obscene songs, etc. | Ditto | Ditto | Imprisonment for six months or fine of N50,000 or both | Magistrate of the First Grade
|
Customary Courts
|
|||
CHAPTER XIV – LOTTERIES AND GAMING HOUSES | |||||||||
173 | Keeping a gaming-house or lottery office | Shall not arrest without warrant
|
Summons
|
Imprisonment for three years or fine of N25,000 or both | Magistrate of the Second Grade
|
Customary Courts
|
|||
174 | Offences relating to lotteries | Ditto | Ditto
|
Imprisonment for Two years or fine of N25,000 or both | Ditto | Ditto
|
|||
CHAPTER XV – CRUELTY TO ANIMALS | |||||||||
175 | Ill-treating domestic animals | May arrest without warrant | Summons | Imprisonment for one year or fine of N25,000 or both | Ditto | Customary Courts
|
|||
176 | Over-riding and neglect of animal | Ditto | Ditto | Ditto
|
Ditto
|
Ditto
|
|||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable | |||
177 | Power to order temporary custody or destruction of animals | May arrest without warrant
|
Summons | Imprisonment for two years or fine or both | Magistrate of the Second Grade | Customary Courts
|
|||
178 | Insulting or inciting contempt of religion | Ditto | Ditto | Imprisonment for five years or fine of N100,000 or both | Senior Magistrate of the First Grade
|
Ditto
|
|||
179 | Vandalizing or defiling a place of worship | Ditto | Ditto | Imprisonment for two years or fine of N100,000 or both | Ditto | Ditto | |||
180 | Disturbing religious assembly | Ditto | Ditto | Imprisonment for seven years or fine of N100,000 or both | Ditto | Ditto | |||
181 | Committing trespass on a place of worship or funeral ceremony | Ditto | Ditto | Imprisonment for seven years or fine of N100,000 or both | Ditto | Ditto | |||
182 | Trial by ordeal
Where such trial results to death |
Ditto | Ditto | Imprisonment for
seven years or fine of N150,000 or both Punishable with death |
Senior Magistrate of the First Grade
High Court
|
Ditto
|
|||
183 | Harmful practice of religion
If such practice results in the death of any person |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for twenty one years or fine of N500,000 or both Death | Senior Magistrate of the First Grade
High Court |
Ditto
No Jurisdiction
|
|||
184 | Offences relating to witchcraft | Ditto | Ditto | Punishment as provided under 183 (a) and (b) | Senior Magistrate of the First Grade
High Court |
Customary Court
No Jurisdiction
|
|||
185 | Criminal Charms | Ditto | Ditto | Imprisonment for ten years or fine of N100,000 or both | Senior Magistrate of the First Grade
|
Customary Court
|
|||
186 | Cannibalism
If death results |
Ditto
Ditto |
Ditto
Ditto |
Imprisonment for twenty one years or fine of N500,000 or both Death | High Court
Ditto
|
No Jurisdiction
|
|||
187 | Unlawful possession of human part | Ditto | Ditto | Imprisonment for twenty one years or fine of N500,000 or both | Ditto
|
Ditto
|
|||
CHAPTER XVIII – OFFENCES AFFECTING THE HUMAN BODY | |||||||||
189 | Culpable homicide punishable with death | May arrest without warrant | Warrant | Death | High Court | No jurisdiction
|
|||
190 | Culpable homicide not punishable with death | Ditto | Ditto | Imprisonment for life or fine or both | Ditto | Ditto | |||
191 | Culpable homicide by causing death of a person other than person whose death was intended | Ditto
|
Ditto
|
Death | Ditto | Ditto | |||
192 | Culpable homicide not punishable with death | Ditto | Ditto | Imprisonment for twenty one years or life imprisonment | Ditto | Ditto | |||
193
|
Causing death when intention is to cause hurt or grievous hurt only | Ditto | Ditto | Imprisonment for fourteen years or fine of N500,000 or both | Ditto | Ditto | |||
194 | Death caused in act of committing offence | Ditto | Ditto | Imprisonment for seven years or fine of N500,000 or both | Ditto | Ditto | |||
195 | Abetment of suicide committed by a child or insane or delirious person or idiot or a person intoxicated | Ditto | Ditto | Death | Ditto | Ditto
|
|||
196 | Abetting the commission of suicide | Ditto | Ditto | Imprisonment for life | Ditto | Ditto
|
|||
197 | Attempt to commit suicide | Ditto | Ditto | Imprisonment for two years or fine | |||||
198 | Attempt to commit culpable homicide Attempt to commit culpable homicide of a convict under sentence of life imprisonment | Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for life or fine or any least term punished in accordance with the offence | Ditto
Ditto
|
Ditto
Ditto
|
|||
199 | Attempt to commit culpable homicide not punishable with death If harm is caused | Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for fourteen years and fine of N100,000 or both
Imprisonment for five years and fine of N200,000 or both |
Chief Magistrate Court of the First Grade
Ditto
|
Ditto
Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
200 | Causing Miscarriage | Shall not arrest without warrant | Warrant | Imprisonment for five years or fine of N100,000 or both | High Court | No jurisdiction
|
|||
201 | Death caused by an act done with intent to cause miscarriage If act done without woman’s consent | Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for fourteen years and fine of N500,000 or both
Imprisonment for life and fine of N500,000 or both |
Ditto
Ditto
|
Ditto
Ditto
|
|||
202 | Causing abortion unintentionally
If offender knew woman to be with child |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for three years of N50,000 or fine or both
Imprisonment for five years or fine of N100,000 or both |
Magistrate of the First Grade
Senior Magistrate of the First Grade
|
Ditto
Ditto
|
|||
203 | Act done with intent to prevent a child being born alive or to cause it to die after his birth | Ditto | Ditto | Imprisonment for fourteen years or fine of N150,000 or both | Chief Magistrate of the First Grade
|
Ditto
|
|||
204 | Causing death of an unborn child by an act amounting to culpable homicide | Ditto | Ditto | Imprisonment for life or fine of N100,000 or both | High Court | Ditto
|
|||
205 | Abandonment of a child or an adult
Partial abandonment |
May arrest without warrant
Ditto |
Ditto
|
Imprisonment for seven years or fine of N200,000 or both
Imprisonment for one year or fine of N25,000 |
Chief Magistrate of the Second Grade
|
Ditto
|
|||
206 | Cruelty to person If serious injury caused to health of person | Shall not arrest without warrant
|
Summons
Ditto
|
Imprisonment for one year or fine of N25,000 or both
Imprisonment for seven years or fine of N200,000 or both |
Magistrate of the Second Grade
Chief Magistrate of the Second Grade
|
Customary Courts
Ditto
|
|||
207 | Indecent treatment of a child | Ditto | Ditto | Imprisonment for seven years | Senior Magistrate of the Second Grade | ||||
208 | Defilement of a child | Ditto | Ditto | Imprisonment for life | High Court | ||||
209 | Child stealing | Ditto | Ditto | Imprisonment for twenty one years | Ditto
|
||||
210 | Desertion of a child or an adult | Ditto | Ditto | Imprisonment for one year or fine of N100,000 | |||||
211 | Desertion of pregnant woman or girl | Ditto | Ditto | Imprisonment for five years or N200,000 | |||||
212 | Concealment of birth by secret disposal of dead body | May arrest without warrant
|
Warrant | Imprisonment for ten years or fine of N100,000 or both | Senior Magistrate of the First Grade
|
Ditto
|
|||
213 | Duty of head of family | Ditto | Ditto | Imprisonment for three months or fine of N10,000 or both | Magistrate of the Third Grade
|
||||
218 | Voluntarily causing harm on provocation | Ditto | Ditto | Imprisonment for six months or fine of N10,000 or both | Ditto
|
||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
Harm | |||||||||
219 | Voluntarily causing harm on grave and sudden provocation, not intending to harm any other than the person who gave the provocation | Shall not arrest without warrant
|
Summons | Imprisonment for seven years or fine of N10,000 or both
|
Senior Magistrate of the Second Grade
|
Customary Courts
|
|||
Voluntarily causing grievous harm on provocation | May arrest without warrant | Ditto
|
Imprisonment for seven years or fine of N50,000 or both | Magistrate of the First Grade
|
Customary Courts
|
||||
220 | Voluntarily causing harm without provocation | Shall not arrest without warrant | Ditto | Imprisonment for ten years or fine of N50,000 or both | Senior Magistrate of the First Grade | Customary Courts
|
|||
221 | Voluntarily causing grievous harm without provocation | May arrest without warrant
|
Ditto | Imprisonment for ten years and fine of N500,000 or both | High Court | Customary Courts
|
|||
222 | Voluntarily causing harm by dangerous weapons or means If the harm be grievous | Ditto
Ditto
|
Ditto
Warrant
|
Imprisonment for fouteen years or fine of N100,000 or both
Imprisonment for fourteen years or fine N100,000 or both |
Chief Magistrate of the First Grade
Ditto
|
Customary Courts I
No jurisdiction
|
|||
223 | Causing harm by means of poison with intend to commit an offence | Ditto | Ditto | Imprisonment for ten years and fine N100,000 | Ditto | Ditto | |||
224 | Voluntarily causing harm to extort property or constrain to commit an illegal act
If the harm be grievous |
Ditto
|
Ditto
|
Imprisonment for fourteen years and fine of N200,000 or both
Imprisonment for twenty one years and fine of N500,000 |
Chief Magistrate of the First Grade
Ditto
|
Upper Customary Courts
No jurisdiction
|
|||
225 | Voluntarily causing harm to extort confession or compel restoration of property
If the harm be grievous Causing permanent or partial damage Throwing of acid |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for fourteen years and fine of N200,000 or both
Imprisonment for twenty one years and fine Imprisonment for fourteen years and with fine Imprisonment for five years liable to fine |
Chief Magistrate of the First Grade
High Court
|
Customary Courts
Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Courts with least powers by which triable
|
|||
226 | Voluntarily causing harm or grievous harm to deter public servant from his duty
If the harm be grievous |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for seven years or fine of N100,000 or both
Imprisonment for ten years and fine of N100,000 or both |
Senior Magistrate of the First Grade
Ditto
|
Customary Court
Upper Sharia/Customary Court
|
|||
227 | Causing harm by act endangering the safety of others
If the harm be grievous |
Ditto
|
Ditto
|
Imprisonment for three years and fine N25,000
Imprisonment for Seven years or fine of N500,000 or both |
Magistrate of the Second Grade
High Court
|
Customary Court
Customary Court
|
|||
Wrongful restrained and wrongful confinement | |||||||||
230 | Wrongful restrain | May arrest without warrant | Summons | Imprisonment for One year or fine of N10,000 or both | Magistrate of the Third Grade
|
Customary Court
|
|||
231 | Wrongful confinement
If wrongfully confinement continues for more than three days |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for one year or fine of N10,000 or both
Imprisonment for five years or fine N50,000 or both |
Ditto
Magistrate of the First Grade
|
Ditto
Customary Court
|
|||
232 | Keeping any person in wrongful confinement after warrant or order or writ issued for production or liberation | Ditto | Ditto | Imprisonment for two years in addition to imprisonment under any other section or fine of N50,000 or both | Magistrate of the First Grade
|
Ditto
|
|||
233 | Wrongful confinement in secret | Ditto | Ditto | Imprisonment for seven years or fine of N25,000 | Senior Magistrate of the Second Grade | Ditto
|
|||
234 | Wrongful confinement to extort property or constrain to commit an illegal act | Ditto | Ditto | Imprisonment for seven years and fine of N100,000 | Senior Magistrate of the First Grade
|
Customary Court
|
|||
235 | Wrongful confinement to extort confession or compel restoration of property | Ditto | Ditto | Ditto | Ditto | Ditto | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Court with least powers by which triable
|
|||
239 | Punishment for assault or criminal force without provocation
If harm is grievous |
May arrest without warrant
Ditto
|
Summons
Ditto
|
Imprisonment for Three years or fine of N10,000 or both
Imprisonment for Five years or fine of N50,000 or both |
Magistrate of the Second Grade
Ditto
|
Customary Court
Customary Court
|
|||
240 | Punishment for assault or criminal force with provocation | Ditto | Ditto | Imprisonment for six months or fine of N10,000 or both | Magistrate of the Third Grade
|
Customary Court
|
|||
241 | Assault or criminal force to deter a public servant from discharge of his duty | Ditto | Warrant | Imprisonment for seven years or fine of N100,000 or both | Senior Magistrate of the First Grade
|
Customary Court
|
|||
242 | Assault or use of criminal force to a woman with intent to outrage her modesty | Ditto | Ditto | Imprisonment for five years or fine of N100,000 | Ditto | Ditto | |||
243 | Assault or use of criminal force in attempt to commit theft of property worn or carried by a person | Ditto | Ditto | Imprisonment for ten years or fine of N100,000 or both | Ditto | Ditto | |||
244 | Assault or use of criminal force in attempt wrongfully to confine a person | Ditto | Ditto | Imprisonment for three years or fine of N25,000 or both | Magistrate of the Second Grade
|
Ditto
|
|||
245 | Kidnapping
If death occurs as a result of the offence |
May arrest without warrant
Ditto |
Warrant
Ditto
|
Imprisonment for life
Death |
High Court | Customary Court
|
|||
246
|
Conspiracy, attempt and threat to commit kidnapping | Ditto | Ditto | Imprisonment for fourteen years without fine\
Imprisonment for twenty years without option of fine and Imprisonment for twenty years without option of fine |
High Court | No jurisdiction | |||
247 | Aiding, abetting or assisting escape of offenders | Ditto | Ditto | Imprisonment for twenty years without fine
If corporate body fine of N5,000,000 |
Ditto
Ditto
|
Ditto
Ditto
|
|||
248 | Harboring a kidnapped person
If negotiated If a person receives or disposes any property or proceeds |
Ditto
Ditto Ditto
|
Ditto
Ditto Ditto
|
Imprisonment for twenty years without fine
Imprisonment for ten years without fine Imprisonment for fourteen years without fine |
Ditto
Ditto Ditto
|
Ditto
Ditto Ditto
|
|||
248A | Arranging for one self Kidnap
False pretence |
Ditto | Ditto
|
Imprisonment for fourteen without option of fine Imprisonment for fourteen without option of fine | |||||
249 | Procuring of persons | Ditto | Ditto | Imprisonment for ten years and fine of N200,000 or both | Chief Magistrate of the Second Grade
|
Customary Court
|
|||
250 | Importation of person from foreign country | Ditto | Ditto | Ditto | Ditto | Ditto | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix
|
Customary Court with least powers by which triable
|
|||
251 | Concealing or keeping in confinement a kidnapped or abducted person | May arrest without warrant
|
Warrant | The same punishment as for kidnapping or abducting | High court | No Jurisdiction
|
|||
252 | Buying or selling of person for immoral purpose | Ditto | Ditto | Imprisonment for ten years and fine of N200,000 or both | Chief Magistrate of the Second Grade | Upper customary
|
|||
253 | Dealing in human beings | Ditto | Ditto | Imprisonment for ten years and fine of N200,000 or both | Ditto | No jurisdiction
|
|||
254 | Unlawful compulsory labour | Ditto | Ditto | Imprisonment for two years or fine of N100,000 or both | Senior Magistrate of the First Grade
|
Customary Courts
|
|||
255 | Traffic in persons | Ditto | Ditto | Imprisonment for seven years and fine of N100,000 | Ditto
|
Customary Court Court | |||
Rape, and Unnatural and Indecent Offences against the Person
|
|||||||||
257(1)
257(3) |
Rape
Victim is a child below 12 years |
May arrest without warrant
|
Summons | Imprisonment for life
In addition to conviction be given 12 strokes of the cane |
High Court | No jurisdiction
|
|||
258 | Unnatural offence | Ditto | Ditto | Imprisonment for twenty one years and fine of N100,000 or both | Ditto | Ditto | |||
259 | Act of gross indecency upon person | Ditto | Ditto | Imprisonment for fourteen years and fine of N100,000 or both | Chief Magistrate of the First Grade | Customary Court
|
|||
260 | Unlawful detention with intent to unlawful sexual intercourse | Imprisonment for five years with fine of N200,000 or both | Chief Magistrate of the Second Grade
|
Upper customary Court
|
|||||
261 | Sexual harassment | Imprisonment for three years with fine of N100,000 or both | Senior Magistrate of the First Grade | Customary Court
|
|||||
262 | Trans sexual offences | Imprisonment for life | High Court | No jurisdiction | |||||
263 | Intentionally aiding or abetting transportation into the opposite sex | Ditto | Ditto | ||||||
264 | Attempt to transpose a person | Imprisonment for seven years with fine of N500,000 or both | |||||||
265 | Forfeiture or destruction of property | Ditto | Ditto | Demolition of forfeiture | |||||
266 | Prohibition of illicit drink or banned substance | Ditto | Ditto | Imprisonment for ten years with fine of N200,000 or both | Chief Magistrate of the Second Grade | ||||
267 | Punishment for consumption of illicit drink or banned substance | Ditto | Ditto | Imprisonment for five years or fine of N200,000 | |||||
268 | Prohibition of the sell of illicit drink or banned substance | Ditto | Ditto | Imprisonment for three months or of fine of N100,000 | |||||
270 | Punishment for Terrorism
(1) (2) (3) |
Ditto | Ditto | Imprisonment for Life or Death
Ditto Ditto Ditto |
|||||
272 | Theft | Ditto | Ditto | Imprisonment for five years or fine or both | |||||
CHAPTER XIX – OFFENCES AGAINST PROPERTY | |||||||||
Theft
|
Theft May arrest without warrant | Warrant | Imprisonment for five years or fine or both | Magistrate of the Third Grade | Customary Court
|
||||
272 (a)
272 (b) |
Theft of cattle
If armed or uses violence |
Ditto
Ditto |
Ditto
Ditto |
Imprisonment for twenty one years
Life imprisonment |
High Court
Ditto
|
Ditto
Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Court with least powers by which triable
|
|||
273 | Theft in dwelling House | Ditto | Ditto | Imprisonment for fifteen years or fine of N150,000.00 or both | |||||
274 | Theft by clerk or servant of property in possession of master or employer | May arrest without warrant | Warrant | Imprisonment for seven years or fine of N50,000 or both | Senior Magistrate of the Second Grade | Customary Court
|
|||
275 | Theft by preparing to cause death, bodily harm or restraint in order to commit theft | Ditto | Ditto | Ditto Imprisonment for life | High Court | No Jurisdiction
|
|||
Extortion | |||||||||
277 | Extortion | Shall not arrest without warrant | Warrant | Imprisonment for seven years and forfeiture of the amount extorted (b) Ten Years Imprisonment in addition to forfeiture | Senior Magistrate of the First Grade
|
Customary Court
|
|||
278 | Putting a person in fear of injury in order to commit extortion | Ditto | Ditto | Imprisonment for five years and forfeiture of the amount | Ditto | Customary Court
|
|||
279 | Extortion by putting a person in fear of death or grievous hurt | Ditto | Ditto | Imprisonment for fourteen years and forfeiture of the amount (b) Twenty One Years | Chief Magistrate of the First Grade
|
Upper Customary
|
|||
280 | Extortion by threat of accusation of an offence punishable with death or imprisonment for ten years | Ditto | Ditto | Imprisonment for fourteen Years and N100,000 fine | Ditto | Ditto | |||
Robbery and Brigandage | |||||||||
283 | Robbery
If committed by person armed with dangerous or offensive weapon or instrument |
May arrest without warrant
Ditto
|
Warrant
Ditto
|
Imprisonment for twenty one years
Punishable with death |
High Court
Ditto
|
No jurisdiction
Ditto
|
|||
284 | Punishment for attempt to commit robbery | Ditto | Ditto | Imprisonment for Twenty One years and fine of N100,000 | Ditto | Ditto | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix
|
Customary Court with least powers by which triable
|
|||
285 | Causing bodily harm while committing robbery | May arrest without warrant
May arrest without warrant |
Warrant | Imprisonment for twenty-one years and fine of N100,000 | High Court | No jurisdiction
|
|||
286 | Brigandage | Ditto | Ditto | Ditto | Ditto | Ditto | |||
287 | Brigandage with culpable homicide | Ditto | Ditto | Ditto | Ditto | Ditto | |||
288 | Robbery or brigandage with attempt to cause death or grievous bodily harm
With service uniform or equipment With service weapon With firearm |
Ditto
Ditto Ditto Ditto
|
Ditto
Ditto Ditto Ditto
|
Imprisonment for fourteen years with or without fine and caning
Imprisonment for life without caning Ditto Ditto
|
Ditto
Ditto Ditto Ditto
|
Ditto
Ditto Ditto Ditto
|
|||
289A | Making preparation to commit brigandage | Ditto | Ditto | Imprisonment for two years and fine of N100,000 | Senior Magistrate of the First Grade | Ditto
|
|||
289B | Punishable under section 303(1)(b) | Ditto | Ditto | Imprisonment for not less than twenty-one years with or without fine and caning | High Court | Ditto
|
|||
290 | Belonging to a gang of wandering brigands | Ditto | Ditto | Imprisonment for fourteen years and fine of N100,000 or both | Chief Magistrate of the First Grade | Ditto
|
|||
291(1) | Punishable under section 303(1)(b) | Ditto | Ditto | Imprisonment for fourteen years, fine of N100,000 | Ditto | Ditto | |||
291(2) | Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts or robbery | Ditto | Ditto | Imprisonment for twenty-one years with or without fine
|
High Court | Ditto
|
|||
292 | Assembling for purpose of committing brigandage | ||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix) | Customary Courts with least powers by which triable
|
|||
292 | Assembling for the purpose of committing brigandage | May arrest without warrant | Warrant | Imprisonment for fourteen years and fine of N100,000 | Chief Magistrate of the First Grade | Upper Customary Court
|
|||
Criminal Misappropriation | |||||||||
294 | Criminal misappropriation | Shall not arrest without warrant | Warrant | Imprisonment for ten years or fine of N100,000 or both in addition to forfeiture | Senior Magistrate of the Third Grade | Customary Court
|
|||
295 | Criminal misappropriation of property possessed by deceased person at the time of his death
If by clerk or servant of deceased |
Ditto
Ditto
|
Ditto
Ditto
|
Imprisonment for five years and fine of N100,000 or both
Imprisonment for five years and fine of N100,000 in addition to forfeiture |
Ditto
Ditto
|
Ditto
Customary Court
|
|||
Criminal Breach of Trust | |||||||||
297 | Criminal Breach of trust | May arrest without warrant | Warrant | Imprisonment for seven years or fine of N200,000 or both | Chief Magistrate of the Second Grade | Customary Court
|
|||
298 | Criminal breach of trust by a carrier, etc. | Ditto | Ditto | Imprisonment for ten years and fine of N200,000 or both | Ditto | Ditto | |||
299 | Criminal breach of trust by a clerk or servant | Ditto | Ditto | Imprisonment for seven years and fine of N200,000 | Ditto
|
Ditto | |||
300 | Criminal breach of trust by public servant or by banker, merchant or agent, etc | Ditto | Ditto | Imprisonment for not less than fourteen years and fine of N250,000 | Chief Magistrate of the First Grade | Ditto
|
|||
Receiving Stolen Property | |||||||||
302 | Dishonesty receiving stolen property, knowing it to be stolen | May arrest without warrant
|
Warrant | Imprisonment for fourteen years or fin of N100,000 or both | Chief Magistrate of the First Grade
|
Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code | Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Court with least powers by which triable | |||
303 | Dishonestly receiving stolen property knowing that it was obtained by brigandage | May arrest without warrant
|
Warrant | Imprisonment for life | High Court | No Jurisdiction
|
|||
304 | Assisting in concealment of stolen property, knowing it to be stolen | Ditto | Ditto | Imprisonment for five years or fine of N50,000 or both | Magistrate of the First Grade
|
Customary Court
|
|||
Having possession of thing reasonably suspected of having been stolen | |||||||||
305 | Having possession of thing reasonably suspected of having been stolen | May arrest without warrant
|
Warrant | Imprisonment for Two years or fine of N30,000 or both in addition to forfeiture | Magistrate of the Second Grade | Customary Court
|
|||
307 | Cheating | Shall not arrest without warrant | Warrant | Imprisonment for ten years or fine of N200,000 or both | Chief Magistrate of the Second Grade | Upper Customary Court
|
|||
309 | Cheating by impersonation | Ditto | Ditto | Imprisonment for five years or fine of N150,000 or both | Chief Magistrate of the second grade
|
Ditto
|
|||
310 | Cheating a person whose interest the offender was bound either by law or by legal contract to protect | Ditto | Ditto | Imprisonment for five years or fine of N150,000 or both
|
Chief Magistrate of the Second Grade
|
Ditto
|
|||
311 | Cheating and thereby dishonestly inducing delivery of property, or the making, alteration or destruction of a document of title | Ditto | Ditto | Imprisonment for seven years and fine of N100,000 or both
|
Senior Magistrate of the First Grade
|
Ditto
|
|||
Mischief | |||||||||
313 | Mischief
Repealed |
Shall not arrest without warrant | Summons | Imprisonment for two years or fine of N25,000 or both | Magistrate of the Second Grade | Customary Court
|
|||
314 | Mischief by killing or maiming | May arrest without warrant | Ditto | Imprisonment for five years or fine N80,000 or both | Senior Magistrate of the First Grade | Ditto
|
|||
315 | Mischeif by killing or maiming of cattle | Ditto | Ditto | Imprisonment for Seven years or fine N100,000 or both | Magistrate of the Second Grade | Ditto
|
|||
316 | Mischief in relation to Water Supply | Ditto | Ditto | Imprisonment for five years or fine N100,000 or both | Senior Magistrate of First Grade | Ditto
|
|||
317 | Mischief by injury to the public road, bridge, river or channel | Ditto | Ditto | Imprisonment for five years or fine N100,000 or both | Senior Magistrate of the First Grade | Ditto
|
|||
318 | Mischief by inundation or obstruction to public drainage | Ditto | Ditto | Imprisonment for five years or fine N100,000 or both | Senior Magistrate of the First Grade | Ditto
|
|||
319 | Mischief in relation to electricity and telecommunication | Ditto | Ditto | Imprisonment for seven years or fine N250,000 or both | Chief Magistrate of the second Grade | Upper customary Court
|
|||
320 | Mischief by destroying a public landmark | Ditto | Ditto | Imprisonment for five years or fine N150,000 or both | Chief Magistrate of the second Grade | Ditto
|
|||
321 | Mischief by fire or explosive with intent to cause damage | Ditto | Ditto | Imprisonment for Seven years or fine N250,000 or both | Chief Magistrate of the second Grade | Ditto
|
|||
322 | Mischief by fire or explosive with intent to destroy house | Ditto | Ditto | Imprisonment for life | High Court | No Jurisdiction
|
|||
323 | Mischief to vessels | Ditto | Ditto | Imprisonment for seven years or fine of N250,000 or both | Chief Magistrate of the First Grade | Upper customary Court
|
|||
324 | Mischief by fire to vessels | Ditto | Ditto | Imprisonment for twenty one years and fine of N500,000 or life imprisonment | High Court | No Jurisdiction
|
|||
325 | Running vessel at aground or ashore with intent to commit theft | Ditto | Ditto | Imprisonment for seven years or fine of N200,000 | Customary Court
|
||||
326 | Mischief committed after preparation made for causing death or harm | ditto | ditto | Imprisonment for twenty one years and fine of N500,000 or both or life imprisonment | High Court | No Jurisdiction
|
|||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code | Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Court with least powers by which triable
|
|||
330 KDS 13 of 1981 | Dishonestly receiving stolen property knowing that it was obtained by brigandage | May arrest without warrant
|
Warrant | Imprisonment for five years or fine or both
|
Magistrate of the Third Grade
|
Customary Court
|
|||
331 | Ditto | Ditto | Ditto | Ditto | Ditto | Ditto | |||
332 | Ditto | Ditto | Ditto | Imprisonment for life or fine or both | Ditto | Ditto | |||
333 | Punishment for criminal trespass | Ditto | Ditto | Imprisonment for six Months or fine of 25,000 | Ditto | Ditto | |||
334 | Punishment for house trespass | Ditto | Ditto | Imprisonment for five years, or fine of N25,000 or both | Ditto | Ditto | |||
335 KDS 13 of 1981 | House trespass to commit offence punishable with death | Shall not arrest without warrant
|
Ditto | Imprisonment for life | Ditto | Customary Court | |||
335 (2) | House trespass to commit offence punishable with death | Shall not arrest without warrant | Ditto | Imprisonment for ten years and fine | Ditto
|
||||
335 (3) | House trespass to commit offence punishable with death | Shall not arrest without warrant
|
Ditto | Imprisonment for seven years and fine | Ditto | Ditto | |||
336 | Lurking house trespass | May arrest without warrant | Ditto | Imprisonment for two year and fine of N100,000 | Magistrate of the Second Grade | Customary Court
|
|||
Criminal Trespass | |||||||||
337 | Lurking house trespass or house breaking by night | Ditto | Ditto | Imprisonment for Fourteen years and fine of N200,000 or both | Ditto | Customary Court
|
|||
338 | Liability for lurking house, trespass or house breaking by night where death grievous hurt is caused | Ditto | Ditto | Imprisonment for twenty-one years and fine of N100,000 or imprisonment for life | High Court
|
No jurisdiction
|
|||
339 | Breaking open a receptacle containing property | Ditto | Ditto | Imprisonment for three years or fine of N100,000 or both | Senior Magistrate of the First Grade | Customary
|
|||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Court with least powers by which triable
|
|||
section 128 | |||||||||
340 | Breaking open a receptacle by person entrusted with custody | May arrest without warrant | Warrant | Imprisonment for three years or fine of N150,000 or both | Chief Magistrate of the Second Grade | Customary Court
|
|||
341 | Lurking with housebreaking implements | Ditto | Ditto | Imprisonment for three years and fine of N100,000 or both | Senior Magistrate of the First Grade | Ditto
|
|||
342 | Fabrication of false key or instrument | Ditto | Ditto | Imprisonment for two years and fine of N100,000 | Ditto | Ditto
|
|||
CHAPTER XX – FORGERY | |||||||||
345 | Forgery | Shall not arrest without warrant | Warrant | Imprisonment for ten years and fine of N100,000 | Senior Magistrate of the First Grade | No jurisdiction
|
|||
346 | Forgery of public seals, | Ditto | Ditto | Imprisonment for twenty-one years and fine of N100,000 or imprisonment for life | High Court | Ditto
|
|||
347 | Using as genuine a forged document which is known to be forged | Ditto | Ditto | Ditto | Same court as that by which the forgery is triable | Ditto
|
|||
348 | Making or possessing counterfeit seal with intent to commit forgery | Ditto | Ditto | Imprisonment for ten years and fine of N100,000
|
Senior Magistrate of the First Grade
|
Ditto
|
|||
349 | Possession of forged record | Ditto | Ditto | Ditto | Ditto | Ditto | |||
350 | Counterfeiting a device or mark used for authenticating documents | Ditto | Ditto | Ditto | Ditto | Ditto | |||
351 | Fraudulent cancellation or destruction of document of title | Ditto | Ditto | Ditto | Ditto | Ditto | |||
352 | Falsification of accounts | Ditto | Ditto | Ditto | Ditto | Ditto | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix
|
Customary Court with least powers by which triable
|
|||
Property and other marks | |||||||||
355 | Using a false property mark | Shall not arrest without warrant | Warrant | Imprisonment for six months or fine N10,000 or both | Magistrate of the Third Grade
|
Customary Court
|
|||
356 | Counterfeiting a property mark used by another | Ditto | Ditto | Imprisonment for two years or fine of N50,000 or both | Magistrate of the First Grade
|
Customary Court
|
|||
357 | Counterfeiting a mark used by a public servant | Ditto | Summons | Imprisonment for three years or fine of N100,000 or both | Senior Magistrate of the First Grade | Ditto
|
|||
358 | Making or possession of any instrument for counterfeiting a property mark | Ditto | Ditto | Imprisonment for three years or fine of N100,000 or both | Ditto | Ditto | |||
359 | Making a false mark upon any receptacle, goods etc. | Ditto | Ditto | Ditto | Ditto | Ditto | |||
360 | Making use of any such false mark | Ditto | Ditto | Ditto | Ditto | Ditto | |||
361 | Removing destroying or defacing any property mark with intent to cause injury | Ditto | Ditto | Imprisonment for one year or fine N10,000 or both
|
Magistrate of the Third Grade
|
Customary Court Grade II
|
|||
362 | Breach of contract of service during voyage or journey | Shall not arrest without warrant | Warrant | Imprisonment for six months or fine of N10,000 or both | Magistrate of the Third Grade
|
Customary Court
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix
|
Customary Court with least powers by which triable
|
|||
363 | Breach of contract to attend to and supply wants of helpless person | Shall not arrest without warrant
|
Summons | Imprisonment for two years or fine of N50,000 or both | Magistrate of the First Grade | Customary Court
|
|||
364 | Deceitfully inducing belief of lawful marriage | Shall not arrest without warrant | Warrant | Imprisonment for ten years and fine of N200,000 or both | Senior Magistrate of the First Grade | Customary Court
|
|||
365 | Bigamy | Ditto | Ditto | Imprisonment for seven years and fine of N100,000 or both | Ditto | Ditto
|
|||
366 | Remarriage with concealment of former marriage | Ditto | Ditto | Imprisonment for seven years and fine of N100,000 or both | Ditto | Ditto
|
|||
367 | Marriage ceremony fraudulently gone through without lawful marriage | Ditto | Ditto | Imprisonment for three years and fine of N50,000 or both | Magistrate of the Second Grade | Ditto
|
|||
368 | Adultery | Ditto | Ditto | Imprisonment for two years or fine of N50,000 or both | Magistrate of the First Grade
|
Customary Court
|
|||
369 | Enticing or taking away or detaining a spouse with criminal intent | Ditto | Ditto | Ditto | Ditto | Ditto | |||
370 | Incest | Ditto | Ditto | Imprisonment for fourteen years and fine of N100,000 or both | Chief Magistrate
|
No jurisdiction
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix
|
Customary Court with least powers by which triable
|
|||
CHAPTER XXIII – DEFAMATION | |||||||||
372 | Defamation | Shall not arrest without warrant | Warrant | Imprisonment for two years or fine of N50,000 or both | Magistrate of the First Grade
|
Customary Court
|
|||
373 | Injurious falsehood | Ditto | Ditto | Imprisonment for two years or fine of N100,000 or both | Senior Magistrate of the First Grade
|
Ditto
|
|||
374 | Printing or engraving, etc., matter known to be defamatory | Ditto | Ditto | Ditto | Ditto | Customary Court
|
|||
375 | Sale of printed or graved substance containing defamatory matter, knowing it to contain such matter | Ditto | Ditto | Ditto | Ditto | Ditto | |||
CHAPTER XXIV – CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE AND DRUNKENESS | |||||||||
377 | Criminal intimidation
If threat be to cause death or grievous hurt, etc. |
Shall not arrest without warrant
Ditto |
Warrant
Ditto |
Imprisonment for two years or fine of N50,000 or both
Imprisonment for seven years or fine of N100,000 or both |
Magistrate of the First Grade
Senior Magistrate of the First Grade |
Customary Court
Ditto
|
|||
378 | Criminal intimidation by anonymous communication | Ditto | Ditto | Imprisonment for seven years or fine of 100,000 | Senior Magistrate of the Second Grade | Customary Court
|
|||
379 | Used of insulting or abusing language etc | Ditto | Ditto | Imprisonment for two years or fine N50,000 | Magistrate of the Second Grade | Ditto
|
|||
380 | Word or gesture intended to insult the modesty of a person | Ditto | Ditto | Imprisonment for six months or fine of N10,000 or both | Magistrate of the Third Grade
|
Ditto
|
|||
381 | Drunkenness in a public place
If person conducts himself in a disorderly manner, etc. |
Ditto
Ditto
|
Summons
Warrant
|
Imprisonment for six months or fine or both
Imprisonment for one year and fine N25,000 |
Ditto
Magistrate of the Second Grade |
Ditto
Ditto
|
|||
1 | 2 | 3 | 4 | 5 | 6 | 7 | |||
Section | Offence | Whether the police may arrest without warrant or not (see section 33) | Whether a warrant or a summons shall ordinarily issue in the first instance (see section 128 | Punishment under the Penal Code
|
Court with least powers by which triable (but see Explanatory Note 2 at head of Appendix | Customary Court with least powers by which triable
|
|||
382 | Drunkenness in private place | Shall not arrest without warrant | Warrant | Imprisonment for six months or fine of N50,000 or both | Magistrate of the First Grade
|
Customary Court
|
|||
382 A | Drinking alcohol | Ditto | Ditto | Imprisonment for one month or fine N10,000 or both | Ditto | Ditto | |||
382B | Effect of previous convictions under sections 381, 382 and 382A
If convicted of two or more such offences |
Ditto
Ditto
|
Ditto
Ditto
|
Twice the maximum imprisonment or fine prescribed for offence of which convicted
Three times the maximum imprisonment or maximum fine aforesaid or both |
Magistrate of the First Grade
Ditto
|
Customary Court
Ditto
|
|||
384 | Conviction as idle person | Shall not arrest without warrant | warrant | Imprisonment for one Year or fine of N25,000 | Magistrate of the Third Grade | Ditto
|
|||
385(1) | Conviction as a vagabond | Ditto | Ditto | Imprisonment for one year or fine of not less than N25,000 or both | Magistrate of the Second Grade | Ditto
|
|||
385 (2) | Incorrigible vagabond | Ditto | Ditto | Imprisonment for three years or fine of N50,000 or both | Magistrate of the First Grade | Customary Court
|
|||
388 | Thuggery | Ditto | Ditto | Imprisonment for one year or fine of N100,000 or both | Senior Magistrate of the First Grade | Customary Court
|
|||
389 | Political Thuggery | Ditto | Ditto | Imprisonment for two years | Magistrate of the Second Grade | Ditto
|
|||
390 | Sponsors of Thuggery | Ditto | Ditto | Ditto | Ditto | Ditto | |||
391 | Unlawful possession of weapon | Ditto | Ditto | Imprisonment for six months or fine of N50,000 or both | Magistrate of the First Grade
|
Ditto
|
|||
403 | Unlawful use of premises | Ditto | Ditto | Imprisonment for three years or fine of the assessed value of the premises | Ditto
|
||||
APPENDIX B SECTION 206
FORM OF CHARGES
A – SINGLE CHARGE
charge you…………………………………….. (name of accused person) 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 name C.D.) a gratification other than lawful remuneration as a motive for forbearing to do an official act and thereby committee an offence punishable under section 79 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 ………… day of 20 ………… at ………… in the course of the trial of A, B 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 89 of the Penal Code and triable by the High Court.
(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 190 of the Penal Code and triable by the High Court.
(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 196 of the Penal Code and triable by the High Court.
(5) That you on or about the ………… day of …………………… 20 ………… at ……………………………… voluntarily caused grievous harm hurt to A. B. by ……………………………… (state details of grievous harm) and thereby committed an offence punishable under section 217 of the Penal Code and triable by the High Court.
(6) That you on or about the . ………… day of …………………… 20 ………… at ……………………………… 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 297 of the Penal Code and triable by the High Court.
(7) That you on or about the ………… day of …………………… 20 …………………… at …………………… cheated A. B 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 309 of the Penal Code and triable by the High Court.
Note: In cases tried by a magistrate substitute “the Court of a Chief Magistrate” or “the Court of a Magistrate of the
…………………… grade” for “the High Court”.
B – TWO OR MORE CHARGES
(I) (a) I ……………………………………………………………… (name of Presiding Officer of Court) hereby charge you
……………………………… (name of accused person) 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 189 of the Penal Code and triable by the High Court.
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 190 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 charges.
____________________
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 inquiry into ……………………………… before ……………………………… stated in evidence that …………………… and that you on or about the …………………… day of …………………… 20 ………… at …………………… 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 79 of the Penal Code and triable by the High Court.
(3) That you on or about the …………day of …………20 ………… at …………………… committed theft by stealing a cattle the property of A. B. and thereby committed an offence punishable under section 272A of the Penal Code and triable by the High Court.
(or)
That you on or about the …… day of ……………………….. 20 ……. at ………………………………… being entrusted with the said cattle committed criminal breach of trust of by dishonestly misappropriating it and thereby committed an offence punishable under section 297 of the Penal Code and triable by the High Court
(or)
That you on or about the …….. day of ……………………………. 20 ……… at …………………………………….. dishonestly received the said cattle knowing or having reason to believe that it was stolen property and thereby committed an offence punishable under section 302 of the Penal Code and triable by the High Court.
Note: In cases tried by a magistrate substitute “the Court of a Chief Magistrate” or “the Court of a Magistrate of the
…………………. grade” for “the High Court”.
APPENDIX C
OFFENCES WHICH MAY BE COMPOUNDED
Offence | Section of Penal Code Applicable | Person by Whom the Offence May be Compounded |
PART I | ||
Causing harm | 219,220 | The person to whom the harm is caused. |
Assault or use of criminal force | 239,240 | The person assaulted or to whom criminal force is used. |
Mischief, when the only loss or damage caused is loss or damage to a private person | 313 | The person to whom the loss or damage is caused. |
Criminal trespass | 333 | The person in possession of the property trespassed upon |
House trespass | 334 | |
Criminal breach of contract of service | 362 | The person with whom the offender has contracted. |
Adultery | 358 | The husband of a married woman or the parent or guardian of a unmarried woman |
Enticing or taking away or detaining with a criminal intent a married woman Defamation | 369 | The husband of the woman |
Defamation | 372 | |
Printing or engraving, etc., matter knowing it to be defamatory. | 374 | The person defamed
|
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. | 375
|
|
Criminal intimidation except when the offence is punishable with imprisonment for seven years | 377
|
The person intimidated
|
Insult intended to provoke a breach of the peace | 379 | The person insulted. |
PART II | ||
Grievous harm on provocation | 219 | |
Grievous harm without provocation. | 220 | |
Harm, not grievous, by dangerous weapon | 222 | The person to whom harm is caused |
Harm, or grievous harm, by act endangering life or safety | 227 | |
Wrongfully restraining or confining any person | 230,231 | The person restrained or confined |
Unlawful compulsory labour | 280 | The person compelled to labour. |
Mischief in relation to water supply, when the only loss or damage caused is loss or damage to a private person. | 316
|
The person to whom loss or damage is caused
|
House trespass to commit an offence (other than theft) punishable with imprisonment. | 334 | The person is possession of the house trespassed upon |
Uttering words or making gestures intending to insult the modesty of a woman. | The woman who it is intended to insult. |
FORMS FOR REMAND PROCEEDINGS
APPENDIX D
SECTION 305
REPORT AND REQUEST 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 last known place of abode) in remind 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 …………………………………………
………………………………………… within ………………………………………………………… about ………………………………………… High Division/Magisterial District on or of commission on the alleged offence) on grounds stated.
Below: ……………………………………………………………………………………………………
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………………………………………………………………………………………………………………………………………………………………………………………
………………………………………
Dated this …………………… day of ……………………………………………… 20 …………
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GROUNDS FOR THE REQUEST FOR REMAND
__________________________________________________________
__________________________________________________________
(disregard (3) and (4) below if the Respondent was not arrested with Exhibit(s)
__________________________________________________________________________________________________
__________________
__________________________________________________________
__________________________________________________________
Found in custody or possession of offensive weapon, object or substance: _________Yes
____________No______________
Administration of Criminal Justice Law, 2017 Page 203
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: ___________________________________________
Age: ___________________________________________
Administration of Criminal Justice Law, 2017 Page 204
Sex: ___________________________________________
Address: ___________________________________________
Occupation: ___________________________________________
(vi) Name: ___________________________________________
Age: ___________________________________________
Sex: ___________________________________________
Address: ___________________________________________
Occupation: ___________________________________________
Signed ………………………………………………………………………………………
(Commissioner of Police/Director of Public Prosecution/Law
Officer/Police Officer)
APPENDIX E
SCALE OF FINES
SECTIONS 358,430, 431 & 440
23
STATEMENT OF PREVIOUS CONVICTION:
Prior to the commission of the said offence, the said A.B. has been previously convicted of burglary on the ………… day of v 20
…………………… at the Sections held at ………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………………
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FOURTH SCHEDULE
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
Exceed N2,000.00 and does not exceed N5,000.00 |
7 days
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 Exceed N60,000.00 and does not exceed N100,000.00 Exceed N100,000.00 and does not exceed 200,000.00 |
2 months;
3 months; 3months 4 months;
|
Exceed N200,000.00 and does not
exceedsN400,000.00 |
5 months;
|
Exceed N400,000.00 but does not
exceed N600,000.00 Exceed N600,000.00 and does not exceed N1,000,000.00 |
6 months;
7 months;
|
Exceed N1,000,000.00 and does not
exceed N2,000.000.00 |
8 months;
|
Exceed N2,000,000,000.00 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 |
APPENDIX F
INFORMATION ON LEGAL REPRESENTATION
SECTION 387 (9)
The office of the Director of Public Prosecutions has determined that proceeding shall continue against you as per the attached legal advice.
Indicate whether you wish to be represented by a legal practitioner arranged by you or by the Legal Aid Council or any organisation providing free legal representation.
(1) If you wish to be represented by a legal practitioner arranged by you, please indicate below the particulars of such legal practitioner:
Name of Legal Practitioner:____________________________________
Address of Legal Practitioner:__________________________________
Telephone Number of Legal Practitioner:_________________________
E-mail of Legal Practitioner:____________________________________
Signature of the Defendant:___________________________________
Signature of the Prison official or Police official in charge of place of custody of
Defendant:_____________________________________
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(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 to apply to provide legal practitioner to represent you, kindly enter the “Legal Aid Council” as the name of organization:
Name of the Organization: ________________________________
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:
_________________________________________________
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APPENDIX G
ORDER FOR EXECUTION
SECTION 410
Public
Seal
WHEREAS at the …………………………………………………………………………………… 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 interment for condemned criminals executed at the place of executed.
AND FOR SO DOING this shall be your warrant.
GIVEN under my hand and the Public Seal of the Kaduna state of Nigeria
This ………… day of ……………………………… 20 …………
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________________________
Governor
To the Sheriff at …………………………………………
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APPENDIX H
SECTION 420
ORDER FOR COMMUTATION 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).
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ENDORSEMENT 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 authorize ………………………………… 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 ………… day of ……………………………… 20 …………
_________________________
Magistrate
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ENDORSEMENT ON WARRANT OF DISTRESS
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).
FOR ME
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
DATED AT KADUNA this ………………… day of ……………………………………… 2017.
Administration of Criminal Justice Law, 2017 Page 215
___________________________
Malam Nasir Ahmad el-Rufa’i,
Governor, Kaduna State.
EXPLANATORY NOTE
(This note does not form part of this Law and has no legal effect)
This Law 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 Suspects, the Defendants and victims in Kaduna State.
This printed impression has been carefully compared with the Bill which has passed the Kaduna State House of Assembly and found to be true and correctly printed copy of the said Bill.
________________________________ ____________________________
HON. AMINU ABDULLAHI SHAGALI BELLO ZUBAIRU IDRIS Esq.
(Speaker) (Clerk to the Legislature)