Fourth Schedule to the Administration of Criminal Justice Act 2015

Section 420(2)(b), 347(1)(b), 413(1), 425 and 434(b)

Item 1

SCALE OF IMPRISONMENT FOR NON-PAYMENT OF MONEY ORDERED TO BE PAID

(Section 425)

Where the fine does not;	The period of imprisonment shall not exceed;
exceed two thousand Naira	7 days
exceeds two thousand Naira and does not exceed five thousand Naira	14 days;
exceeds five thousand Naira and does not exceed twenty thousand Naira	1 month;
exceeds twenty thousand Naira and does not exceed sixty thousand Naira	2 months;
exceeds sixty thousand Naira and does not exceed one hundred thousand Naira	3 months;
exceeds one hundred thousand Naira and does not exceed two hundred thousand Naira	4 months;
exceeds two hundred thousand Naira and does not exceeds four hundred thousand Naira	5 months;
exceeds four hundred thousand Naira but does not exceed six hundred thousand Naira	6 months;
exceeds six hundred thousand Naira and does not exceed one million Naira	7 months;
exceeds one million Naira and does not exceed two million Naira	8 months;
exceeds two million Naira and does not exceed five million Naira	9 months;
exceeds five million Naira and does not exceed ten million Naira	10 months;
exceeds ten million Naira	To the discretion of the judge from 18 months and above

Section 413

Order for Sentence of Death to be Carried Out

ORDER FOR EXECUTION

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 internment for condemned criminals executed at the place of execution.

AND FOR SO DOING this shall be your Warrant.

GIVEN under my hand and the Public Seal of the Federal Republic of Nigeria this………………..day of………….20……….

………………………
President

To the Sheriff at……………………………

Section 411

ORDER FOR COMMUNTATION OF SENTENCE

Public
Seal
WHEREAS on the…………………….day of……………20………, one…………………………………….. was duly convicted of a capital offence and was sentenced to death by the………………..holding at…………………………………

AND WHEREAS information derived from the record of the case or elsewhere, having been duly taken into consideration at a meeting of the Council of State thereafter has decided to recommend to me that I should exercise my powers in relation to the person so convicted:

AND WHEREAS I have decided in accordance with the advice of the appropriate authority to confirm the sentence:

NOW THEREFORE I do hereby commute the sentence and direct that the said sentence be not carried out, and that in lieu thereof the said………………………………be imprisoned for……………………

GIVEN under my hand and the Public Seal of the Federal Republic of Nigeria this………………..day of………….20……….

…………………………….
President

To the Sheriff at……………………………

(for transmission to the appropriate prisons authority).

Section 36

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 authorise………………………………who brings me this warrant and all other persons to whom this warrant was originally directed and also all police officers of the ………………..to execute this warrant within………………..and to within…………………..and to bring the said ……………………………….if arrested within …………………………………..before me or before some Magistrate of the………………………………..to be dealt with according to law.

GIVEN under my hand this………………….20……

…………………………………
Magistrate

ENDORSEMENT ON WARRANT OF DISTRESS

Section 435

Whereas proof has this day been made before me that the name of ……………………….subscribed to the within warrant is in the handwriting of the within mentioned……………………………………………………………………you………………….are hereby ordered forthwith to make distress of the goods of the defendant (except the wearing apparel and bedding of him and his family, and, to the value of ……… Naira the tools and implements of his trade); and if within the space of the five clear days next after making of such distress unless he consents in writing to an earlier sale, the sum stated in the within warrant, together with the reasonable cost and charges of making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the registrar of this court, and if no such distress can be found, to certify the same to this court.

Dated the………………….., 20…………

…………………………………….
Judge [or Magistrate]

FORM E

Section 184

WARRANT TO ARREST A PERSON FAILING TO APPEAR PURSUANT TO RECOGNISANCE
(TITLE OF PROCEEDINGS)

To……………………………………………………………………………………… and……………………………………………………………………………………… Whereas…………………………………..of…………………………….. is bound by recognisance to appear before this court on…………………………………………… …………………………..(state when) but has failed so to appear:

You are hereby commanded to arrest the said………………………………………and bring him before me at ……………….without delay.

…………………………………
Judge (or Magistrate)

FORM F

Section 317

WARRANT TO CARRY OUT SENTENCE

(TITLE OF PROCEEDINGS)

To………………………………………………….and to the Superintendent of Prison:
The defendant……………………..was on the…………………………………………. day of……………………., 20…………., sentenced as follows-

No	Offence	Term, Fine, Compensation, Costs, or Strokes	Term in default

The defendant has made default in payment of the above sum [or sums, or 1st and 2nd above-named sums, or as the case may be.]

The imprisonment is to commence forthwith [upon the expiration of any other term of imprisonment which the defendant may be now serving]

The terms are to run concurrent [or consecutive, or concurrent as to the …………….. and…………………., and consecutive as to, or as the case may be.]

You are hereby commanded to take the said defendant and imprison him in accordance with the above sentence and the Law.

Dated the……………………day of…………………,20………..

……………………………………….
Judge (or Magistrate)

FORM G

Section 245

RECOGNISANCE OF WITNESS

In the Magistrate’s Court of……………………………………………………………. C.D. of………………………………………………………………………………………(address and occupation or profession) acknowledges that he/she owes to the Federal Government the sum of ………….payment thereof to be enforced against him/her by due process of law if he/she fails to comply with the conditions endorsed hereon.

Signature of C.D……………………….

Taken before me this…………………day of………………, 20……

…………………………………
Magistrate (Judge)

(Endorsement)

Conditions

The condition of this recognisance is that whereas A.B (hereinafter called the accused) was this day charged before me (name of Magistrate), the above-mentioned Magistrate, with (state shortly particulars of offence):

If therefore the said C.D. appears at the High Court of the State on a date to be notified to him later and there gives evidence upon the trial of any information against the accused and in all respects compiles with the requirements of any notice which he/she may subsequently receive relating to this recognisance, then this recognisance shall be void but otherwise shall remain in full force.

FORM G

RECOGNISANCE OF WITNESS CONDITIONALLY BOUND OVER

In the Magistrate’s Court of………………………………………….. C.D …………………………………………………………………….

(address and occupation or profession)

Signature of C.D……………………….

Taken before me this…………………day of…………………………………, 20……

…………………………………
Magistrate

(Endorsement)

Conditions

Whereas A.B (hereinafter called the defendant) was this day charged before me (name of Magistrate), the above-mentioned Magistrate, with (state shortly particulars of offence): and

Whereas C.D has been informed that he/she is only conditionally bound over to give evidence at the trial of A.B but that, after receiving a notice that he/she will be required to give evidence at the said trial, he/she will then be firmly bound by the following conditions:

If therefore the said C.D. appears at the High Court of ……………………… State on a date to be notified to him/her later and there gives evidence upon the trial of any information against the defendant and in all respects compiles with the requirements of any notice which he may subsequently receive relating to this recognisance, then this recognisance shall be void but otherwise shall remain in full force.

FORM H

Notice to Witness that Defendant has not been Committed for Trial

In the Magistrate’ court of…………………………………………………………..
Whereas you C.D of…………………………………………………………… were on the……………….day of…………………………, 20……….., bound by a recognisance in the sum of……………………………. to appear on a date to be notified to you at the High Court of…………………. State and give evidence upon the trial of A.B:

This is to give you notice that the Magistrate has determined not to commit the said A.B for trial and that consequently you will not be required to appear at the High Court for the purpose above-mentioned.

Dated the……………………day of…………………..,20………..

……………………………………….
Judge (or Magistrate)

FORM E

Notice to Witness bound over that he is to be treated as having been bound over conditionally

In the Magistrate’ court of…………………………………………………………..
Whereas you, C.D of…………………………………………………….. were on the…………….day of……………,……, 20……………….., bound by a recognisance in the sum of………………………………………………………. to appear at the High Court of……………………………. State on a date to be notified to you and there give evidence upon the trial of A.B:

And whereas the Magistrate has since committed the said A.B for trial at the High Court of…………………………………… State and has directed that you are to be treated as having been bound over to attend the trial conditionally upon notice being given to you:

This is to give you notice that you are not bound by the recognisance entered into by you until and unless you subsequently receive notice that you will be required to give evidence at the trial of the accused A.B.

Dated the……………………day of…………………..,20………..

……………………………………….
Judge (or Magistrate)

FORM K
NOTICE TO WITNESS BOUND OVER OR TREATED AS BOUND OVER CONDITIONALLY

In the High/Magistrate’ court of…………………………………………..
Whereas you C.D of……………………………………………………………… were on the……………………….day of………………………….., 20……………, bound over conditionally in the sum of………………………………………………….. to appear upon being given to you to give evidence upon the trial of A.B (or, whereas you C.D were given notice, after entering into a recognisance to give evidence upon the trial of A.B., that you would not be bound by such recognisance until and unless you subsequently receive notice that you will be required to give at the trial of A.B):
This is to give you notice that you are required to appear and give evidence at the High Court of………………….. at the trial of A.B on the……………..(or on a date to be subsequently notified) and that unless you do so the said recognisance will be forthwith enforced against you.
Dated the……………………day of…………………..,20………..

……………………………………….
Registrar of High/Magistrate’s Court

FORM L

SECTION 111

COMPTROLLER-GENERAL OF PRISONS RETURNS OF PERSON(S) AWAITING TRIAL

(Complete form in triplicate per individual)

To the: The Chief Judge of ……………………… and to the Attorney-General of the Federation.

The Chief Judge of ………………………………………… and the Attorney-General of the Federation are hereby informed that these are the records of all persons awaiting trial held in custody within the Federal Capital Territory/ the Federation for a period beyond one hundred and eighty days from the date of arraignment.

1. Name of person in custody: ………………………………………………..

2. Date of Arraignment……………………………………………………………

3. Court where arraigned:…………………………………………………………

4. Particulars of the offence charged with: ………………………………………..

5. Date of his Admission to custody: ………………………………………………

6. Name of the Prosecuting Agency:……………………………………………….

7. Any other relevant information…………………………………………………….

Insert Passport Photograph of Individual Awaiting Trail Person (ATP)

……………………………………………..
Comptroller-General of Prisons

Third Schedule to the Administration of Criminal Justice Act 2015

INFORMATION PRECEDENT

Section 378

1

STATEMENT OF OFFENCE

Perjury, contrary to section 118 of the Criminal Code/Section …. Penal Code

Particulars of offence

A.B., on the ……………………………. day of ……………………………… 20 , in the division of ………………………….., being a witness upon the trial of an action in the High Court in which one …………………….was plaintiff, and one ……………………………..was defendant, knowingly gave false testimony that he saw one M.W in the street called the Marina, Lagos, on the ………………….day of …………………., 20…………

2

STATEMENT OF OFFENCE

Uttering counterfeit coin, contrary to section 151 of the Criminal Code/ ………

Particulars of offence

A.B., on the ……………………… day of ………………. 20 , at ……………………….market in the division of ………………………..uttered a counterfeit Naira coins/notes, knowing the same to be counterfeit.

3

STATEMENT OF OFFENCE

Murder, contrary to section 319 of the Criminal Code/
Particulars of offence
A.B., on the ………………………day of …………………………… 20 in the division of …………………………………… murdered J.S.

4

STATEMENT OF OFFENCE

Accessory after the fact to murder, contrary to section 322 of the Criminal Code

Particulars of offence

A.B., well knowing that one, H.C, did on the …………………..day of 20…, in the division of…………………. murdered C.C., did on the day of……………. 20.. and on other days thereafter receive, comfort, harbour, assist and maintain the said H.C.

5

STATEMENT OF OFFENCE

Manslaughter, contrary to section 325 of the Criminal Code

Particulars of offence

A.B., on the ……………………….. day of ………………., 20 in the division of………………., unlawfully killed J.S.

6

STATEMENT OF OFFENCE-FIRST COUNT

Wounded with intent, contrary to section 332, subsection (1) of the Criminal Code

Particulars of offence

A.B., on the……………………….day of…………………………… 20 in the division of ……………………….. wounded C.D., with intent to maim, disfigure or disable, or to do some grievous harm, or to resist the lawful arrest of him the said A.B

STATEMENT OF OFFENCE-SECOND COUNT

Wounding, contrary to section 338, subsection (1), of the Criminal Code

Particulars of offence

A.B., on the ………………..day of ……………………………, 20 in the division of …………………….., unlawfully wounded C.D.

7

STATEMENT OF OFFENCE

Rape, contrary to section 358 of the Criminal Code/Penal Code

Particulars of offence

A.B., on the ………………… day of ………………………, 20 …………..in the division of ………………………………….., had carnal knowledge of E.F without her consent.

8

STATEMENT OF OFFENCE

Publishing defamatory matter,, contrary to section 375, of the Criminal Code

Particulars of offence

A.B., on the ………………… day of …………………….. , 20………. in the division of……………… published defamatory matter affecting E.F., in the form of a letter [book, pamphlet, picture, or as the case may be]
[Innuendo should be stated where necessary]

9

STATEMENT OF OFFENCE-FIRST COUNT

Stealing contrary to section 390, Criminal Code

Particulars of offence

A.B., on the ……………………….. day of ………………………, 20………..in the division of …………………., stole a bag, the property of the C.D.

STATEMENT OF OFFENCE-SECOND COUNT

Receiving stolen goods, contrary to section 427 of the Criminal Code/Penal Code

Particulars of offence

A.B., on the ………….day of …………………, 20……… in the division of ……………, did receive a bag, the property of C.D., knowing the same to have been stolen.

10

STATEMENT OF OFFENCE-FIRST COUNT

Stealing by clerks contrary to section 390(6) of the Criminal Code

Particulars of offence

A.B., on the……………day of………………., 20………… in the division of …………………, stole two hundred naira which had been entrusted to him by H.S., for him, the said A.B., to retain in safe custody.

STATEMENT OF OFFENCE-SECOND COUNT

Stealing by agents and others, contrary to section 390(8)(b) of the Criminal Code/……Penal Code

Particulars of offence

A.B., on the …………….day of ………………….. 20………..in the division of …………, stole two hundred naira which had been received by him for and on account of L.M.

11

STATEMENT OF OFFENCE

Robbery with violence, contrary to section 402 of the Criminal Code

Particulars of offence

A.B., on the ………..day of …………., 20………in the division of ………………., robbed C.D of a watch, and at, or immediately before or immediately after, the time of such robbery did use violence to the said C.D.

12

STATEMENT OF OFFENCE

Demanding property by written threats, contrary to section 402 of the Criminal Code

Particulars of offence

A.B., on the …………….day of ………………, 20……..in the division of …………., with intent to extort money from C.D., caused the said C.D. to receive a letter containing threats of injury or detriment to be caused to E.F.

13

STATEMENT OF OFFENCE

Attempt to extort by threats contrary to section 408, of the Criminal Code

Particulars of offence

A.B., on the ……………..day of ………………….. , 20…………. in the division of ……….with intent to extort money from C.C., accused or threatened to accuse the said C.D of an unnatural offence.

14

STATEMENT OF OFFENCE

Obtaining goods by false pretences, contrary to section 419, of the Criminal Code

Particulars of offence

A.B., on the ………..day of ……….., 20…………. in the division of ………………………………., with intent to defraud, obtained from S.P. five yards of cloth by falsely pretending that he, the said A.B., was a servant to J.S., and that he, the said A.B., had then been sent by the said J.S. to S.P. for the said cloth, and that he, the said A.B., was then authorised by the said J.S. to receive the said cloth on behalf of the said J.S.

15

STATEMENT OF OFFENCE

Burglary, contrary to section 411, and stealing, contrary to 390(4)(b) of the Criminal Code

Particulars of offence

A.B., on the…………. day of……………………..20……, in the division of ……………,did break and enter the dwelling-house of C.D., with intent to commit a felony therein, namely to steal therein, and did steal therein one watch, the property of S.T.

16

STATEMENT OF OFFENCE

Conspiracy to defraud, contrary to section 422 of the Criminal Code

Particulars of offence

A.B., on the………….day of……………., 20……….., and on different days between that day and the ………. day of………………….., 20………., in the division of…………………………conspired together with intent to defraud by means of an advertisement inserted by them, the said A.B. and C.D., in the H.S. newspaper, falsely representing that A.B. and C.D were then carrying on a genuine business as jewellers at , in the division of ……………. and that they were then able to supply certain articles of jewellry to whomsoever would remit to them the sum of ……………..

17

STATEMENT OF OFFENCE FIRST COUNT

Fraudulent false accounting, contrary to section 438 of the Criminal Code

Particulars of offence

A.B., on the…….day of…………, 20………… in the division of ………………, and on different days between that day and the ……….. day of …………….. 20………., being clerk or servant to C.D., with intent to defraud, made, or was privy to making a false entry in a cash book belonging to the said C.D., his employer, purporting to show that on the said day two hundred naira had been paid to L.M

STATEMENT OF OFFENCE-SECOND COUNT

Fraudulent false accounting, contrary to section 438 of the Criminal Code/Penal Code

Particulars of offence

A.B., on the …………….day of ………………, 20…… in the division of …………………….. , being clerk or servant to C.D., with intent to defraud, omitted or was privy to omitting from a cash book belonging to the said C.D., his employer, a material particular, that is to say, the receipt on the said day of one hundred naira from H.S.

18

STATEMENT OF OFFENCE

Arson, contrary to section 443, of the Criminal Code.

Particulars of offence

A.B., on the ………day of ………………… , 20……….in the division of ………………., wilfully and unlawfully set fire to a house.

19

STATEMENT OF OFFENCE

A.B., arson, contrary to section 443, of the Criminal Code.C.D., accessory before the fact to same offence.

Particulars of offence

A.B., on the………… day of …………….., 20…………. in the division of ………………, wilfully and unlawfully set fire to a house. C.D., on the same day, in the division of …………., did counsel or procure the said A.B. to commit the said offence.

20

STATEMENT OF OFFENCE-FIRST COUNT

Offence under section 449, subsection (1), of the Criminal Code.

Particulars of offence

A.B., on the …………….day of……………., 20…… in the division of ……………, with intent to obstruct the use of the Nigerian Railway, displaced a sleeper belonging to the said railway.

STATEMENT OF OFFENCE-SECOND COUNT

Obstructing railway, contrary to section 459, of the Criminal Code.

Particulars of offence

A.B., on the………. day of………….., 20 in the division of…………….., by unlawfully displacing a sleeper belonging to the Nigerian Railway, caused an engine or vehicle in use upon the said railway to be obstructed in its passage.

21

STATEMENT OF OFFENCE

Damaging trees, contrary to section 451 of the Criminal Code.

Particulars of offence

A.B., on the ………day of …… 20 in the division of…… wilfully and unlawfully damaged a cocoa tree from growing.

22

STATEMENTOF OFFENCE-FIRST COUNT

Forgery, contrary to section 467(2), of the Criminal Code.

Particulars of offence

A.B., on the ………………. day of ……………., 20 …………..in the division of……………… , forged a certain will purporting to be the will of C.D.

STATEMENT OF OFFENCE-SECOND COUNT

Uttering a false document, contrary to section 468 of the Criminal Code.

Particulars of offence

A.B., on the …………..day of ………………., 20……..in the division of……………… , knowingly and fraudulently uttered a certain forged will purporting to be the will of C.D.

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 …………. 20……., at the Sessions held at……………….

Second Schedule to the Administration of Criminal Justice Act 2015

Sections 193 and 194

CHARGES

FORM OF CHARGE UNDER THE PENAL CODE

A: CHARGES WITH ONE HEAD

Charge on section 115

(1) (a) I ………………………………………. [name of presiding officer of court] hereby charge you ……………………………….. [name of the defendant] as follows –

(b) That you on or about the ……………day of……………, 20……..at……………….being a public servant in the Ministry of……………………….directly accepted from A. B. for yourself [or for another person named C.D.] a gratification other than lawful remuneration as a motive for forbearing to do an official act and thereby committed an offence punishable under section 115 of the Penal Code and triable by the High Court.

(c) And I hereby direct that you be tried by such court on the said charge.

………………………………….
Signature or seal of the Presiding officer of court

To be substituted for (b) –

(2) That you on or about the ……….. day of ……………,20……. at…………………….in the course of the trial of 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 158 of the Penal Code.

Charge on section 224

(3) That you on or about the ……day of ……………, 20………at………………..committed culpable homicide not punishable with death by causing the death of A. B. and thereby committed an offence punishable under section 224 of the Penal Code.

Charge on section 227

(4) That you on or about the ……..day of………….., 20………at………………..abetted the commission of suicide by A. B. while the said A. B. was in a state of intoxication and thereby committed an offence punishable under section 227 of the Penal Code.

Charge on section 217

(5) That you on or about the ………day of …………….20………….at…………voluntarily caused grievous hurt to A. B by…………… [state details of grievous hurt] and thereby committed an offence punishable under section 247 of the Penal Code.

Charge on section 312

(6) That you between the ……..day of…………….., 20……and the …………day of……………..being entrusted with……………did commit criminal breach of trust by dishonestly misappropriating a sum of N…………and thereby committed an offence punishable under section 312 of the Penal Code.

Charge on section 324

(7) That you on or about the …..day of …………., 20………..at ……………cheated A. B. by falsely pretending to be in the Government Service and thereby dishonestly induced him to deliver…………..[as the case may be] and thereby committed an offence punishable under section 324 of the Penal Code.

B: CHARGES WITH TWO OR MORE HEADS
Charges on section 221 and 224

(1) (a) I ………………………………… [name of presiding officer of court] hereby charge you ……………………………………….. [name of the defendant] as follows –

(b) First – That you on or about the……..day of……….,20……at…………………………committed culpable homicide punishable with death by causing the death of A. B. and thereby committed an offence punishable under section 221 of the Penal Code.

Secondly – That you on or about the ……day of……….20…..at ………………………..committed culpable homicide not punishable with death by causing the death of A. B. and thereby committed an offence punishable under section 224 of the Penal Code.

Alternative charges on section 158

(2) That you on or about the………..day of…………., 20…………at………………………in the course of the inquiry into………………. before…………………………………stated in evidence that……and that you on or about the ………..day of………………, 20……………………………………..in the course of the trial of……………… before…………………….stated in evidence that……………, one of which statements you either knew or believed to be false or did not believe to be true, and thereby committed an offence punishable under section 158 of the Penal Code.

Alternative charges on section 287, 312 or 317

(3) That you on or about the…….day of……………., …………at………………committed theft by stealing a horse the property of A. B. and thereby committed an offence punishable under section 287 of the Penal Code.
(or)
That you on or about the………day of………………, 20………….at……being entrusted with the said horse committed criminal breach of trust dishonestly misappropriating it and thereby committed an offence punishable under section 312 of the Penal Code
(or)
That you on or about the………day of…., 20…………at…………………..dishonestly received the said horse knowing or having reason to believe that it was stolen property and thereby committed an offence punishable under section 317 of the Penal Code.

UNDER CRIMINAL CODE WITH ONE HEAD
Criminal Code section 118

1. That you…………………………………………………on the…………………….day of………………………… ………………….at ……………………………..being a witness upon the trial of a case in the Magistrate’s Court of the…………………….. Magisterial District sitting at………………………………………………………………………………in which one …………………………. was complainant and one …………………………………………….was defendant, knowingly falsely swore that you saw one M.N. snatch a leather wallet from one Y. Z. in the………………………… on the …………………..day of ………………………………….., and thereby committed an offence punishable under section 118 of the Criminal Code/Penal Code.

Criminal Code Section 120(1)

2. That you, on the………………..day of……………………….at………………. with intent to mislead the court in the course of the trial of………fabricated evidence by means other than perjury to wit: …………………………………………………………………
   and thereby committed an offence against section 120(1) of the Criminal Code.

Criminal Code Section 249(a)(i)

3. That you, being a prostitute, on the………………………day of…………………….,at………………..behaved in an indecent manner by exposing your naked person in Broad Street and thereby committed an offence punishable under section 249(a)(i) of the Criminal Code.

Criminal Code Section 325

4. That you on the………………………day of……………………….. …………………., at…………………unlawfully killed C.D and thereby committed an offence punishable under section 325 of the Criminal Code.

Section 326(3)

5. That you on the…………….day of…………….at………………… ……………aided A.B in killing himself and thereby committed an offence punishable under section 326(3) of the Criminal Code.

Section 332(1)

6. That you on the………………………day of……………………… …………………….. at………………unlawfully wounded C.D with intent to maim, disfigure or disable or to do some grievous harm or to resist the lawful arrest of yourself and thereby committed an offence punishable under section 332(1) of the Criminal Code.

Section 338(1)

7. That you on the………………………day of……………………… ……………at .unlawfully wounded C.D and thereby committed an offence punishable under section 338(1) of the Criminal Code.

Section 360

8. That you, on the………………day of……………………..at….unlawfully and indecently assaulted M.S and thereby committed an offence punishable under section 360 of the Criminal Code.

Section 402

9. That you, on the…………………………day of………………….. .at……………….robbed C.D of (state the thing and thereby committed an offence punishable under section 402 of the Criminal Code.

Section 419

10. That you, on the ……………………… day of…………………… ….at……………..with intent to defraud, obtained from S.P five yards of cloth by falsely pretending that you were a servant to J.S and that you had then been sent by the said J.S to S.P for the said cloth, and that you were then authorised by the said J.S to receive the cloth on behalf of the said J.S and thereby committed an offence punishable under section 419 of the Criminal Code
11. That you, on the……………………..day of ………………20…… at…………………, with intent to defraud, obtained from A.B …………..by falsely pretending that you were able to double money.

Section 430(1)

12. That you…………………….on the…………………………day of ………………,…, at…………………, had in your possession one gold watch reasonably suspected of having been stolen or unlawfully obtained and thereby committed an offence punishable under section 430(1) of the Criminal Code.

Section 443

13. That you, on the…………………..day of………………………… ………………., at……………., wilfully and unlawfully set fire to a house and thereby committed an offence punishable under section 443 of the Criminal Code.

Section 467(2)(i)

14 That you, on the…………………..day of………………………… at………………….., forged an accountable receipt purporting to be the receipt of C.D., and thereby committed an offence contrary to section 467 (2) (i) of the Criminal Code.

CHARGES WITH TWO OR MORE HEADS

15. First-That you, on the…………………..day of………………………… ………………….., at……………………..unlawfully supplied to C.D (state thing supplied) knowing that it was intended to be unlawfully used to procure the miscarriage of a woman and thereby committed an offence punishable under section 230 of the Criminal Code/Section Penal Code.

Secondly – That you, on or about the…………………………day of………………………… at………………………….unlawfully procured for C.D (state thing procured) knowing that it was intended to be unlawfully used to procure the miscarriage of a woman and thereby committed an offence punishable under section 230 of the Criminal Code.

Section 248

16. First – That you, on the…………………..day of………………………… ………………., at………………, sold matches made with white (yellow) phosphorus and thereby committed an offence punishable under section 248(a) of the Criminal Code.

Secondly – That you, on the…………………………………………..day of……………………….., at………………………………………..had in your possession for the purposes of sale of matches made with white (yellow) phosphorus and thereby committed an offence punishable under section 248(a) of the Criminal Code.

Section 390

17. First – That you, on the…………………..day of………………………… ……………… at…………………..stole (state the thing stolen) the property of C.D and thereby committed an offence punishable under section 390 of the Criminal Code.

Secondly – That you, on the…………………..day of………………………… ………………………at……………stole (state the thing stolen) which had been entrusted to you by C.D for you to retain in safe custody and thereby committed an offence punishable under section 390(8) (b) of the Criminal Code.

Thirdly – That you, on the…………………..day of………………………… ………………. at…………………..stole (state the thing stolen) which had been received by you for and on account of C.D and thereby committed an offence punishable under section(8) (c) of the Criminal Code.

First Schedule to the Administration of Criminal Justice Act 2015

Section 153(2), 376(9), 377, 392(2)(a)
FORMS

FORM NO. I – GENERAL FORM OF TITLE OF PROCEEDINGS

(For use in the High Court)

In the High Court of …………………………………………………….
In the ……………………………………………………….. Judicial Division
Holden at ……………………………………………………………………..

Charge No………20………

Between
……………………………………………………………………………Complainant
and
………………………………………………………………………………….Defendant

Complaint ……………………………………………………………………….

(For use in Magistrates’ Court or other Courts)

IN THE MAGISTRATE’S COURT
In the Magistrate’s Court of …………………………………………………..
In the ………………………………………………………. Magisterial District
Holden at …………………………………………………………………….

Charge No…………20………,
Between
……………………………………………………………………..Complainant
and
………………………………………………………………………. Defendant

Complaint …………………………………………………………………….

Section 54

FORM NO. 2 ORDER OF RECOGNISANCE TO KEEP THE PEACE, AND BE OF GOOD BEHAVIOUR

(General Title-Form No. 1)

Before the…………………. High/Magistrate Court of the……………………………

In the Judicial Division/Magisterial District sitting at…………………………………

The…………………day of……………………. 20…. …

A.B., having made a complaint that C.D., hereinafter called the defendant, on the………………..day of ……………. 20……………at, ………….. in the ……………… above-mentioned, did ………………………………………………………………………………….
………………………………………………………………………………………………………………It is ordered that the defendant do forthwith to the satisfaction of………………………………..enter into a recognisance in the sum of………….. with………………….surety ……………..in the sum of………………… [each] to keep the peace and be of good behaviour towards the State and all persons, and especially towards the complainant, for the term of………………………..now next ensuing:

And it is ordered that if the defendant fails to comply with this order he shall be imprisoned in the prison at…………………….for the space of ………………………………………………………unless he complies with the order.

If costs are ordered, add-

And it is ordered that the defendant pay to the said…………… the sum of…………………..for costs [by instalments of…………….. for every………days, the first instalment to be paid] forthwith [or on the………………..day of 20….]:

And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of…………………………commencing at the termination of the imprisonment before ordered, unless the said sum [and all costs and charges of the (said distress and) commitment] be sooner paid.

…………………………………
Judge [or Magistrate]

FORM NO 3 – COMPLAINT

Section 89

(General Title-Form N0. 1)

The complaint of C.D (address and description), who upon oath (or affirmation) states that A. B of (address and description) on the…….. day of……………………………., 20…………at…………………… in the………………………………above-mentioned, did*……………………………………………………………………………………………………….. ……………………………………………………………………………………………………………… taken before me this……………………day of………………………..

………………………………………
Judge [or Magistrate]

FORM NO. 4 – SUMMONS TO DEFENDANT

Section 117

(General Title-Form N0. 1)

To A.B of…………………………………………………………………………………

Complaint has been made this day by……………………………… that you on the……………………..day of …………. 20……… at…………………………………in the ……………………………………………. above-mentioned did*
…………………………………………………………………………………………………

*State concisely the substance of the complaint

You are hereby summoned to appear before the……………. High/magistrate’s court sitting at………………………………….on the ……………….day of………… 20…., at the hour of………………. in the…………….noon to answer to the said complaint.

Dated this……………………..day of…… 20…………

…………………………………….
Judge [or Magistrate]

FORM No. 5 – WARRANT FOR ARREST OF DEFENDANT WHO HAS DISOBEYED SUMMONS

Section 131

(General Title-Form N0. 1)

To………………….Police Officer or To each and all Police Officers.

Complaint has been made on the…………………day of…………20……….. that A.B hereinafter called the defendant on the………………………………day of……………………20…………….in the above-mentioned did* ……………………………………
…………………………………………………………………………………………………

*State concisely the substance of the complaint

And the defendant was thereupon summoned to appear before the High/Magistrate’s Court of the ……………………………………….. in the Judicial Division/Magistrate District sitting at………………on the………………day of………………….at the hour of…………….in the……………noon, to answer to the said charge: …………………………………………………………………………………………………

An oath has been made that the defendant was duly served with the summons, but did not appear, and that such complaint is true.

You are hereby commanded to bring the defendant before High/Magistrate’s Court of the……….in the Judicial Division/Magisterial District sitting at…………………………………………………..forthwith to answer to the said complaint or be further dealt with according to law.

Dated the……………….day of……………..20…………

………………………………………
Judge [or Magistrate]

FORM No. 6 – WARRANT FOR ARREST OF DEFENDANT IN FIRST INSTANCE

Section 132

(General Title-Form No. 1)

To……………………………………………………….Police Officer

Complaint on oath has been made on the……….day of……………………………………, by………………………………………..that A.B., hereinafter called the defendant on the……………………day of…………………………………………………………….. at………………………………………………..in the…………………………..above-mentioned did*…………………………………………..

*State concisely the substance of the complaint

You are hereby commanded to bring the defendant before High/Magistrate Court of the …………………………in the Judicial Division/ Magisterial Division sitting at …………………… ………………………………to forthwith answer the said complaint and be dealt with according to law.

Dated the………….day of………………… 20……..

……………………………………
Judge [or Magistrate]

FORM NO. 7
FORM D
SEARCH WARRANT

Section 149

(TITLE OF PROCEEDING)

In the Magistrate Court of Magistrate District

To. . . . . . . . . . . . . . . . . . . and ……………………………..
Whereas information on oath and in writing this day has been made that there is reasonable ground for believing that there is in (state the place to be searched and state what is to be searched for in the terms of (a), (b) or (c) of 144(1) of this Act.)

You are hereby commanded in the name of the Federal Republic of Nigeria, with proper assistance, to enter the above-named (state the place to be searched) and there diligently search for the things aforesaid and where the same or any part thereof found on search, to bring the things found, and also the said (name the occupier of the place to be searched) before this Court to be dealt with according to law.

This warrant may be executed at any time on any day, including a Sunday or public holiday and may also be executed at any hour during day or night.

. . . . . . . . . . . . . . . . . .
Magistrate

INVENTORY OF ITEMS RECOVERED DURING EXECUTION OF SEARCH WARRANT IN TERMS OF SECTION 149

A. LIST OF ITEMS DETAINED AND PLACE OF SUCH DETENTION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

B. LIST OF ITEMS RELEASED TO THE OWNER(S)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

WITNESSES

………………………………………… ………………………………………
NAME/RANK/FORCE No. OF OFFICER NAME/TITLE OF THE OCCUPIER
EXECUTING THE WARRANT OF THE PLACE SEARCHED

…………………………………… …………………………………….
NAME/RANK.FORCE No OF NAME/TITLE OF AN
ACCOUNTING OFFICER INDEPENDENT WITNESS

Dated the ……………day of……………………. 20…. ….

FORMS FOR REMAND PROCEEDINGS

(General Title Form No.1)

Form No. 8 – REPORT AND REQUEST FORM FOR REMAND

Section 293

BETWEEN

COMMISSIONER OF POLICE Applicant
DIRECTOR OF PUBLIC PROSECUTIONS

AND

XYZ Respondent

To: The Registrar of the Court

The Court is hereby informed that there is a probable cause to order the remand of XYZ (state particulars of the Respondent, namely age, sex, occupation) of (state details of the Respondent’s street address or where there is no precise street address, as near and close description as possible of the location of the Respondent’s last known place of abode) in remand custody in (state the exact place of custody in which the applicant proposes to remand the Respondent such as the name and location of the prison or other detention place) who is reasonably suspected to have committed the offence of ______contrary to section ____________ of the ______________________________ within___________________________ High Division/Magisterial District on or about __________ (state the date or approximate date or the period of commission of the alleged offence)on grounds stated below:_________________________________________________________________________________

Dated this _ day of ____________________20 _

GROUNDS FOR THE REQUEST FOR REMAND

1. Place, time and circumstance of arrest: ________ ______________________________________________________________________________________
2. Arrested with Exhibit(s) Yes No (Tick appropriately)

(disregard (3) and (4) below if the Respondent was not arrested with Exhibit(s)

3. If arrested with Exhibit(s), state clearly the particulars of the Exhibit(s) ____________________________________________________
4. If arrested with Exhibit(s), state clearly how the items are related to or linked with the committal of the alleged offence: __________ ____________________ _____________________
5. State particulars of other evidence or report linking the Respondent to the committing of the offence such as forensic evidence, marks or finger prints, etc.
6. Confessional statement Yes __ No
7. Any previous conviction for the same or similar offence _ Yes __ No
8. If (7) above is Yes, state the particulars of previous conviction(s). Found in custody or possession of offensive weapon, object or substance: _ Yes __ No
9. Identification by victim(s) or witness(es) Yes No
   (State the particulars of such victim(s) or witness(es)

(i) Name:
Age
Sex
Address:
Occupation:

(ii) Name:
Age
Sex
Address:
Occupation:

(iii) Name:
Age
Sex
Address:
Occupation:

(iv) Name:
Age
Sex
Address:
Occupation:

(v) Name:
Age
Sex
Address:

Occupation:

(vi) Name:
Age
Sex
Address:
Occupation:

10. Need for further investigation Yes No
11. Period/duration required for further investigation __ (state approximate days/weeks/months required to complete investigation)
12. Any further relevant information _______________________ __________________________

Signed………………………….
(Commissioner of Police/ Director of Public Prosecution /Law officer/Police officer)

FORM NO. 9 – INFORMATION ON LEGAL REPRESENTATION

Section 376 (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: ____________________

(2) If you wish to be represented by a legal practitioner arranged by way of legal aid, please provide the relevant information below. If you do not know any organisation you wish to apply to provide legal practitioner to represent you, kindly enter the “Legal Aid Council” as the name of organisation:

Name of the Organisation: ____________________

Address of the Defendant (or Place of custody is on remand) ______________________________________________

Signature of the Defendant: _______

Signature of the Prison official or police official in charge of place of custody of Defendant: ____________________

FORM NO. 10 – SUMMONS TO WITNESS

Section 241

(General Title-Form No. 1)

To E.F……………………………………………………………………….

A.B has been charged by …………………………………………………………for that he on the………………………day of…………20……., at………………………………….in the ……………………… above-mentioned, did*……………………………………………………………

*State concisely the substance of the complaint.

and it appears to me by the oath of…………………………………. that you are likely to give material evidence therein on behalf of the informant [or complainant or defendant], and will not voluntarily appear for that purpose.

You are therefore hereby summoned to appear before the High/Magistrate’s Court of the……………………………in the Judicial Division/Magisterial Division sitting at…………….., on ………………day of…………… 20……………….., at the hour of………………………in the…………………….noon, to testify what you know in such matter.

Dated the…………………….day of……………………20…………

…………………………..
Judge [or Magistrate]

FORM NO. 11 – FORM OF INFORMATION

Section 377

In the High Court of ………………………………………………………

In the Judicial Division of ……………………………………………………

The Federal Republic of Nigeria v. C D

The ……………………………………… day of …………………………20….

At the sessions holding at ……………………………………………………………

On the ………………………………………day of ………………………………20……….., the court is informed by the Attorney- General of the Federation on behalf of the Federal Republic that C.D Is charged with the following offence.[or offences]. (and statement of offence [offences].

FORM No. 12 – FORFEITURE ON CONVICTION

Section 182

(General Title -Form No. 1)

Before the……………………High/Magistrates Court of the …………………………………

in the Judicial Division/ Magistrate District sitting on the…………………….day of…………………20………

A.B., hereinafter called the defendant, was by his recognisance entered into the………………day of………………, bound in the sum of……………………….., and his sureties C.D and F.F. in the sum of …………………….each, the condition of the recognisance being that the said defendant should………………………………………………

And it being now proved that the defendant was on the………. day of………………………………………………………..convicted of the offence of having ……………………………………………, the same being a breach of the said condition:

It is therefore adjudged that the said recognisance be forfeited, and that the said………………………………………………pay to…………………………..the sum of……………………….and the further sum of…………………………..for costs [by in-stalments of………………for every…………..days, the first instalment to be paid] forthwith [or on the……………………day of……………………]:

And in default of payment it is ordered that the sum due from the said ………………………..under this order be levied by distress and sale of his goods, and in default of sufficient distress that he be imprisoned in the prison at………………………………for the peace of……………………………..unless the said sums [and all costs and charges of the (said distress and) committed] be sooner paid.

…………………………………..
Judge [or Magistrate]

FORM NO. 13 – WARRANT FOR APPREHENSION OF A WITNESS

Section 241

(General Title-Form No.1)

To…………………………….Police officers or other officials. Complaint …………………………………………………………… E.F. was duly summoned to appear before the High/Magistrate’s Court of the…………………Judicial Division/Magisterial District sitting at……………………. on…………………….day of…………….at the hour of………….in the……………noon, to testify what he should know concerning a certain complaint against A.B.

And he has neither appeared thereto, nor offered any just excuse for his neglect.

And it has been proved on oath that summons has been duly served on him [and that a reasonable sum has been paid (or tendered) to him for his costs and expenses in that behalf].

You are hereby commanded to bring him before the High Court of the ……………………………………in the Judicial Division/Magisterial District sitting at……………………………forthwith to testify what he knows concerning the said matter.

Dated the…………………day of…………………………. 20………

…………………………………
Judge [or Magistrate]

FORM No 14 – WARRANT FOR ARREST OF WITNESS IN FIRST INSTANCE

Section 244

(General Title-Form No.1)

To……………………………………………………………………………………

A.B has been charged by…………………………………………………for ………………. on the………………………………….day of………………..at…………………….in the ………………………………………………….aforesaid, did*……………………………
*State concisely the substance of the complaint………………………………………………………………………………………………

And it appearing to me by oath of………………………………………….. that E.F. is likely to give material evidence concerning the said matter, and that it is probable he will not attend to give evidence unless compelled so to do:

You are hereby commanded to bring him before the High Court/Magistrate of the …………………………………………in the Judicial Division/Magisterial District sitting at…………………………………………………forthwith to testify what he knows concerning the said matter.

Dated the……………………….day of………………………………20….

…………………………………
Judge [or Magistrate]

Section 250

FORM NO. 15 – WARRANT TO COMMIT A WITNESS

(General Title-Form No. 1)

To……and to the Superintendent of ………..Prison. E.F……………………………………. having appeared or being brought before the High /Magistrate Court of the …………………………………………in the Judicial Division/Magisterial District sitting at……………………….on day the………………………………………….day of ………………………………., to testify what he should know concerning a certain case against A.B., refused to take an oath [or having taken an oath] refused to answer any [or a certain] question put to him concerning the case and did not offer any just excuse for his refusal.

You, the said Police Officer are hereby commanded to convey the said E.F safely to the said Prison, and there deliver him to the Superintendent thereof, together with this Warrant, and you, the Superintendent of the said Prison, to receive him into your custody, and keep him for the space of…………., unless he in the meantime consents to be examined and to answer questions concerning the case.

Dated the…………………..day of……………… 20……….

……………………………………
Judge [or Magistrate]

FORM NO 16 – CONVICTION (IMPRISONMENT)

Section 316

(General Title- Form No. 1)

Before the High/ Magistrate Court of the …………………………………………in the Judicial Division/ Magisterial District sitting at……………………………… on the…………………. Day of ………………… 20………..

A. B hereinafter called the defendant, is this day convicted for……………… that he, on the ……… day of …………… 20…….. at ………….. within the ……… above-mentioned, did…………………… ………………………………………………………………………… And it is ordered that the defendant, for his said offence, be imprisoned in the prison at……………………………………………………and kept for the period of…………………………………………………………………………………….

If costs are ordered, add-
And it is ordered that the defendant pay to the said……………. sum of………………………………………..for costs [by instalments of………for every ………………days, the first instalment to be paid] forthwith [or on the …………………day of………………………]:

And in default of payment it is ordered that sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the prison at………………………. for the space of…………. commencing at the termination of the imprisonment before ordered, unless the said sum [and all costs and charges of the (said distress and) commitment be paid]

……………………………………
Judge [or Magistrate]

FORM NO 17 – ORDER FOR MONEY (NOT A CIVIL DEBT)

Section 319, 322 and 326

(General Title- Form No. 1)

Before the High/Magistrates’ Court of the …………………………….in the Judicial Division/Magisterial District sitting at……………….. the ………………………day of……………………. 20…..

A. B having made a complaint that C.D hereinafter called the defendant, on the……………………day of……………at…………………. within the…………………above-mentioned, did……………………………………………………

On hearing the said complaint, it is ordered that the defendant pay to said………………… the sum of…………………………..and also the sum of……………………………………for costs [by instalments of……………for every ………………days, the first instalment to be paid] forthwith [or on the …………………day of………………………]:

And in default of payment it is ordered that the said sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be remanded in the prison at…………………………………………………………… for the space of ………………………… unless the said sums and all costs and charges of the said distress and commitment be paid.

……………………………………..
Judge [or Magistrate]

FORM NO 18 – ORDER OF DISMISSAL WITH DAMAGES

Section 454

(General Title- Form No. 1)

Before the High/Magistrate’s Court of the ……in the Judicial Division/Magisterial District sitting at………………………………………..
The………………………day of………………………………….20………Complaint having been made by A.B that C.D hereinafter called the defendant, on the…………………………………………….day of……………………………………. 20……….. , at………………………in the…………………….above-mentioned, did……………………………………………………………………………………………….

And the Court being of opinion that though the said charge is proved, the offence is of trivial nature that it is inexpedient to impose any punishment, herby dismiss the said information.
But order that the defendant do pay the complainant ……………………… for damages and……………………………………for costs [by instalments of……… for every ………………………………….days, the first instalment to be paid] forthwith [or on the ……………………..day of……………………….. 20……. ]:

And in default of payment it is ordered that the said sums levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be remanded in the prison at…………. for the space of…………. unless the said sums [and all costs and charges of the (said distress and) commitment be paid]

………………………………………
Judge [or Magistrate]

FORM NO 19 – ORDER FOR OTHER MATTERS

(General Title- Form No. 1)

Before the High/ Magistrate’s Court of the ………………………in the Judicial Division/Magisterial District sitting at…………………… on the………………………day of………………………………… 20…….
A. B., having made a complaint that C.D hereinafter called the defendant, on the……………………………….day of…………………… at………………………….. in the…………………………………………………………………………..above mentioned, did………………………………………………………………………………………………………………………………………………………………

On hearing the said complaint, it is ordered that the defendant……………………………If imprisonment is ordered, add-

And it is adjudged that if the defendant neglect or refuse to obey this order, he be imprisoned in the prison at…………………….. for the space of………………………….days [or unless the said order be sooner obeyed].

If costs are ordered, add-
And it is ordered that the defendant pay to the said…………………………………sum of ………….for costs [by instalments of………for every ………………days, the first instalment to be paid] forthwith [or on the …………………day of…………………..]:

And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of…………. commencing at the termination of the imprisonment before ordered, unless the said sum [and all costs and charges of the (said distress and) commitment] be paid.

……………………………………
Judge [or Magistrate]

FORM NO 20 – ORDER OF DISMISSAL

Section 370

(General Title- Form No. 1)

Before the High/ Magistrate’s Court of the ……………in the Judicial Division/ Magisterial District sitting at……………………….. The……………….day of……………..2012 Complaint having been made by ………………………………. that A.B hereinafter called the defendant, on the……………………………………………day of……………,at……………………in the……………………………………….above-mentioned, did. ……………………………
This Court having heard and determine the said complaint do dismiss same:*
*on its merits or without prejudice to its being brought again

If costs are ordered, add-
And it is ordered that the complaintainant pay to the defendant the sum of…………………….for costs [by instalments of………for every ………………days, the first instalment to be paid] forthwith [or on the …………………day of………………………]:

And in default of payment it is ordered that sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the prison at…………. for the space of………….. , unless the said sum [and all costs and charges of the (said distress and) commitment be paid]

………………………………………
Judge [or Magistrate]

FORM NO 21 – WARRANT OF DISTRESS (FOR PENALTY)

Section 435

(General Title- Form No. 1)

To…………………………………..

A.B., hereinafter called the defendant, was on the day of………………………….convicted before the High/Magistrate’s Court sitting at…………………………………………….for that he on the……………………………….day of……………….at……………………. in the above-mentioned, did……………………………………………………………………….

And it was adjudged that the defendant for the said offence should be imprisoned [or forfeit and pay the sum of…………………] and should also pay the sum of……………….[for compensation and ………………………..] for costs [by instalments of…………………… for every……………………..days, the first instalment to be paid] forthwith [or on the………………day of……………….], and that in default the said sum [or sums] should be levied by distress,…………………and default having been made in payment.

You are hereby commanded forthwith to make distress of the goods of the defendant (expect the wearing apparel and bedding of him and his family, and, the tools and implements of his trade) and if within the space of five clear days next after the making of such distress, unless he consents in writing to an earlier sale, the sum stated at the foot of this warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the registrar of that court, and if no such distress can be found, to certify the same to that court.

Dated the……………….day of…………………. 20……

……………………………………
Judge [or Magistrate]

N       K
Amount ordered……………………………………

Paid………………………………………………….

Remaining due…………………………………….

Cost of issuing this warrant…………………….

Total amount to be levied……………………….

NOTICE OF TRIAL

A.B. Take notice that you will be tried on the information of which this is a true copy, at the session to be held at ………..
on the . . . . . . . . . . .day of. . . . . . . . . .20……

Also find attached is the “Information on Legal Representation” Form which you must complete and return to the Registry of this court within 14 days of service on you of this notice of trial.

Section 486-495 of the Administration of Criminal Justice Act 2015

Section 486 to 495 of the Administration of Criminal Justice Act 2015 is under PART 49 of the Act. It is about FEES AND MISCELLANEOUS PROVISIONS.

Section 486 Administration of Criminal Justice Act 2015

Payment of fees

Subject to the provisions of this Act, such fees as may be prescribed under this Act shall be paid in any proceeding before a court.

Section 487 Administration of Criminal Justice Act 2015

Suspension of payment of fees

A court may, in any proceeding in which good cause appears to the court for so doing, suspend payment of any fees payable until the conclusion of the proceedings and the court may then direct the fees to be paid as costs by a party to the proceedings by whom the court has power to order costs to be paid or remit the payment of the fees.

Section 488 Administration of Criminal Justice Act 2015

State not required to pay fees

The provisions of this Act relating to fees and to the giving of security shall not apply to the State or to a public officer acting in his official capacity.

Section 489 Administration of Criminal Justice Act 2015

Use of forms in Schedules

Subject to the express provisions, if any, of the Rules of Court, the forms and precedents contained in the Schedules to this Act may, in accordance with any instructions contained in the forms, and with such variations as the circumstances of the particular case may require, be used in the cases to which they apply.

Section 490 Administration of Criminal Justice Act 2015

Power to make rules of Court

The Chief Judge of the Federal High Court or of the Federal Capital Territory may make rules in respect of any or all of the following matters:
(a) fees, costs or compensations to be paid under this Act; and periodic review of the same;

(b) forms to be used for the process and procedure of the courts;

(c) accounts to be rendered of monies received by any person under this Act;

(d) the method of issue of process under this Act, and the manner of receipt of and accounting for fees in respect of such process;

(e) prescribing anything or any person required to be prescribed under the provisions of this Act;

(f) regulation and management of non-custodial punishments provided under this Act; and

(g) generally for carrying into effect the purposes of this Act.

Section 491 Administration of Criminal Justice Act 2015

Non-compliance

Where no other sanction is provided for in this Act, failure on the part of a person to discharge his responsibility under this Act without reasonable cause shall be treated as misconduct by the appropriate authority.

Section 492 Administration of Criminal Justice Act 2015

Saving as to other forms and procedure

(1) Nothing in this Act shall affect the use or validity of any form in respect of a procedure or an offence specified under the provisions of a written law or the validity of any other procedure provided by any other written law.

(2) Nothing in this Act shall affect the validity of any charge, information or proceeding initiated or commenced under any other law in so far as the proceeding was initiated or commenced before this Act came into force.

(3) Where there are no express provisions in this Act, the Court may apply any procedure that will meet the justice of the case.

Section 493 Administration of Criminal Justice Act 2015

Repeals

The Criminal Procedure Act CAP. C41 LFN 2004, Criminal Procedure (Northern States) Act Cap C42 LFN 2004, and the Administration of Justice Commission Act CAP A3 LFN 2004 are repealed.

Section 494 Administration of Criminal Justice Act 2015

Interpretation

(1) In this Act, unless the context otherwise requires:

“adult” means a person who has attained the age of eighteen years or above;

“asylum” includes a lunatic asylum, a mental or other hospital, a prison and any other suitable place of safe custody of person of unsound mind for medical observation;

“charge” means the statement of offence or statement of offences with which a defendant is charged in a trial whether by way of summary trial or trial by way of information before a court;

“Chief Judge” means a Chief Judge of a High Court and the President of the National Industrial Court, where applicable;

“child” means a person who has not attained the age of eighteen years;

“Committee” means the Administration of Criminal Justice Monitoring Committee established under section 469 (1) of this Act;

“complainant” includes any informant or prosecutor in any case relating to summary trial

“complaint” means the allegation that any named person has committed an offence made before a court or police officer for the purpose of moving him to issue process under this is Act;

“court” includes Federal Courts, the Magistrates’ Court and Federal Capital Territory Area Courts provided by legal practitioners; “currency” means coins, notes and other legal tender;

“defendant” means any person against whom a complaint, charge or information is made;

“district” means a district into which the Federal Capital Territory or a State is divided for the purposes of any Act or Law under which a Magistrate’s court is established;

“division” means a judicial division of the High Court;

“Federation” means the Federal Republic of Nigeria;

“Federal law” means any Act enacted by the National Assembly having effect with respect to the Federation or any part thereof and any Act enacted prior to 1st October, 1960, which under the Constitution of the Federal Republic of Nigeria has effect with respect to the Federation or any part thereof;

“felony” means an offence on conviction for which a person can, without proof of his having been previously convicted of an offence, be sentenced to death or to imprisonment for three years or more, or which is declared by law to be a felony;

“fine” includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under this Act;

“functions” includes powers and duties;

“future enactment” means any enactment passed after the commencement of this Act;

“guardian” in relation to a child or young person means the parent or other person having lawful custody of such child or young person, and includes any person who, in the opinion of the court having cognizance of any case in which such child or young person is concerned, has for the time being the custody, control over, or charge of such child or young person;

“High Court” means the Federal High Court or the High Court of the Federal Capital Territory

“indictable offence” means an offence which on conviction may be punished by:
(a) a term of imprisonment exceeding two years; or
(b) of a fine exceeding forty thousand naira not being an offence declared by the law creating it to be punishable on summary conviction;

“indictment” means the filing of an information against a person in the High Court;

“infant” means a person who has not attained the age of seven years;

“Judge” means a Judge of a High Court of the National Industrial Court and Area Court presided by legal practitioners;

“Justice of the Peace” means a person appointed to be a Justice of the Peace under any enactment inclusive of the Federal Capital Territory;

“law officer” means the Attorney General of the Federation and the Solicitor-General of the Federation and includes the Director of Public Prosecutions and such other qualified officers, by whatever names designated, to whom any of the powers of a law officer are delegated to by law and a private legal practitioner authorised by the Attorney-General of the Federation to appear for and on behalf of the Attorney-General of the Federation;

“legal guardian” in relation to an infant, child, young person, or juvenile offender, means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;

“Magistrate” means a Magistrate appointed in accordance with the law of a State or of the Federal Capital Territory;

“Magistrates’ Court” means Magistrates’ Court established under the law of a State or of the Federal Capital Territory;

“medical officer” means a medical doctor attached to an asylum or a medical doctor from whom a court requires an opinion;

“misdemeanor” is an offence punishable by imprisonment for not less than six months, but less than three years or which is declared by law to be a misdemeanour;

“member” means a member of the Committee and includes the Chairman;

“offence” means an offence against an Act of the National Assembly;

“officer in charge” includes, the officer in charge of a police station or the officer in charge of a unit in any other law enforcement agency or other officer who acts in the absence of the officer in charge;

“open court” means a room or place in which a court sits to hear and determine a matters 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 in which the pros-ecution has closed his case;

“penalty” includes any pecuniary fine, forfeiture, costs, or compensation recoverable or payable under an order;

“place of safety” includes a suitable place, the occupier of which is willing temporarily to receive an infant, child, or young person;

“Plea bargain” means the process in criminal proceedings whereby the defendant and the prosecution work out a mutually acceptable disposition of the case; including the plea of the defendant to a lesser offence than that charged in the complaint or information and in conformity with other conditions imposed by the prosecution, in return for a lighter sentence than that for the higher charge subject to the Court’s approval;

“Police” means the Nigeria Police established by the Constitution or where the context so admits, shall include any officer of any law enforcement agency established by an Act of the National Assembly;

“police officer” includes any member of the Nigeria Police Force established by the Police Act or where the context so admits, shall include any officer of any law enforcement Agency established by an Act of the National Assembly;

“prescribed” means as provided by rules made under the authority of this Act;

“private prosecutor” does not include a person prosecuting on behalf of the State or a public officer prosecuting in his official capacity; is as defined in section 35(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended);

“registrar” includes the Chief Registrar and a registrar of a court;

“rules” or “the rules” means rules of court relating to the practice and procedure of the High Court or of the Magistrates’ courts in the exercise of their criminal jurisdiction;

“sentenced to imprisonment” shall include cases where imprisonments imposed by a court on any person either with or without the option of a fine, or in respect of the non-payment of any sum of money, or for failing to do or abstaining from doing any act or thing required to be done or left undone, and the expression ‘sentence of imprisonment’ shall be construed accordingly;

“sheriff” means a sheriff within the meaning of the Sheriffs and Civil Process Act and includes a deputy sheriff and any person authorised by the sheriff or a deputy sheriff to execute process of a court;

“summary conviction offence” means an offence punishable by a high court or a Magistrates’ court on summary conviction and includes any matter in respect of which a high court or a Magistrate’s court can make an order in the exercise of its summary jurisdiction;

“summary court” means unless the same is expressly or by necessary implication qualified:
(a) a Judge of the High Court when sitting in court and presiding over a summary trial, and
(b) a Magistrate when sitting in court to hear and determine any matters within his power and jurisdiction either under the provisions of this Act or any other written law, and the Judge when so sitting and presiding, and the Magistrate when so sitting, shall be deemed to be a ‘court’ or “summary court” within the meaning of this Act;

“summary trial” means any trial by a Magistrate or a trial by a High Court commenced without filing an information;

“Superintendent of Prison” has the same meaning as in the Prisons Act;

“superior police officer” has the same meaning as in the Police Act;

“suspect” means a person who has been arrested on the suspicion of committing any offence, and who is yet to be formally charged for that offence;

“young person” means a person who has attained the age of fourteen and has not attained the age of seventeen years.

(2) Unless the context otherwise requires, all words and expressions used in this Act and defined in the Criminal Code or the Penal Code shall have the meanings attributed to them by those Codes.

Section 495 Administration of Criminal Justice Act 2015

Short title

This Act may be cited as the Administration of Criminal Justice Act, 2015.

Section 485 of the Administration of Criminal Justice Act 2015

Section 485 of the Administration of Criminal Justice Act 2015 is under PART 48 of the Act. It is about APPEAL FROM MAGISTRATE COURTS TO HIGH COURTS.

Headline: Appeals from magistrate courts.

(1) Appeals from a magistrate court to the High Court of the Federal Capital Territory in criminal matters shall be in accordance with the High Court Act of the Federal Capital Territory or any rule made under any such Act.

(2) Where a defendant has been acquitted or an order of dis¬missal made by a magistrate court the prosecutor may appeal to the High Court from such acquittal or dismissal on the ground that it is erroneous in law or that the proceedings or any part thereof were in excess of the jurisdiction of the magistrate court.

(3) An appeal, in accordance with the provisions of this Part, shall be commenced by the appellant by giving notice to the registrar of the court from which the appeal is brought and such notice of appeal shall be signed by the appellant.

(4) The notice of appeal shall be given in every case before the expiration of the 30th day after the day on which the court has made the decision appealed against.

(5) An appellant shall file many copies of his notice of appeal as there are parties to be served, in addition to the copies for the court.

(6) An appellant, in an appeal brought in accordance with the provisions of this Part, shall, within 30 days of the pronouncing of the decision appealed against, file with the registrar of the court from which the appeal is brought a brief setting forth the grounds of his appeal which shall be signed by the appellant or the legal practitioner representing him.

(7) An appellant, shall file as many copies of his brief of grounds of appeal, as there are parties to be served, in addition to the copies for the court.

(8) In his brief of grounds of appeal the appellant shall set forth in separate ground of appeal each error, omission, irregularity or other matter on which he relies or of which he complains with particulars sufficient to give the respondent due notice thereof.

(9) Without prejudice to the generality of subsection (8), the brief of ground of appeal may set forth all or any of the following grounds:

(a) that the lower court has no jurisdiction in the case;

(b) that the lower court has exceeded its jurisdiction in the case;

(c) that the decision has been obtained by fraud;

(d) that the case has already been heard or tried and decided by or forms the subject of a hearing or trial pending before a competent court;

(f) that the decision is unreasonable or cannot be supported having regard to the evidence;

(g) that the decision is erroneous in point of law;

(h) that some other specific illegality, not mentioned and substantially affecting the merits of the case, has been committed in the course of the proceedings in the case; or

(i) that the sentence passed on conviction is excessive or in- adequate, unless the sentence is one fixed by law.

(10) Where the appellant relies upon the grounds of appeal mentioned in subsection (9)(d), the name of the court shall be stated and, if it is alleged that a decision has been made, date of such decision.

(11) Where the appellant relies upon the ground of appeal mentioned in subsection (9)(g), the nature of the error shall be stated and, where he relies upon the ground of appeal mentioned in subsection (9)(h), the illegality complained of shall be clearly specified.

(12) A sentence by a magistrate court shall take effect notwithstanding an appeal unless:
(a) a warrant has been issued under section 326 of this Act when no sale of property shall take place until the sentence has been confirmed or the appeal decided; or

(b) an order for release on bail pending any further proceeding has been made by a competent court when the time during which the convicted person had been so released shall be excluded in computing the period of any sentence which he has ultimately to undergo.

(13) A High Court exercising appellate jurisdiction shall not, in the exercise of such jurisdiction, interfere with the finding or sentence or other order of the lower court on the ground only that evidence has been wrongly admitted or that there has been a technical irregularity in procedure, unless it is satisfied that a failure of justice has been occasioned by such admission or irregularity.

Section 477-484 of the Administration of Criminal Justice Act 2015

Section 477 to 484 of the Administration of Criminal Justice Act 2015 is under PART 47 of the Act. It is about TRIAL OF CORPORATION.

Section 477 Administration of Criminal Justice Act 2015

Interpretation under this part

(1) In this part “corporation” means anybody corporate, incorporated in Nigeria or elsewhere.

(2) In this part “representative” in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this part authorised to do, but a person so appointed shall not by virtue only of being so appointed, be qualified to act on behalf of the corporation before any court for any other purpose.

(3) A representative for the purposes of this part need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this part, shall be admissible without further proof as prima facie evidence that the person has been so appointed.

Section 478 Administration of Criminal Justice Act 2015

Plea by corporation

Where a corporation is called upon to plead to any charge or information (including a new charge or information framed under the provisions of this Act or charge or information added to or altered under the provisions of this Act it may enter in writing by its representative a plea of guilty or not guilty or any plea which may be entered under this Act and if either the corporation does not appear by a representative or, though it does so appear, fails to enter as aforesaid any plea, the court shall order a plea of not guilty to be entered and the trial shall proceed as though the corporation had duly entered a plea of not guilty.

Section 479 Administration of Criminal Justice Act 2015

Information against a corporation

An information may be preferred against a corporation after the preparation of the proofs of evidence relating to the charge.

Section 480 Administration of Criminal Justice Act 2015

Joinder of counts in same information

An information under section 479 may include, either in substitution for or in addition to counts charging the offence for which proofs of evidence have been prepared counts which may be lawfully joined in the same information and are founded on facts or evidence disclosed in the proofs of evidence.

Section 481 Administration of Criminal Justice Act 2015

Power of representative

A representative may, on behalf of a corporation –
(a) state, whether the corporation is ready to be tried on a charge or information or altered charge or, information to which the corporation has been called on to plead;

(b) consent to the hearing and determination of a complaint before the return date of a summons;

(c) express assent to the trial of the corporation on information, notwithstanding that a copy of the information and notice of trial have not been served on the corporation 3 days or more before the date on which the corporation is to be tried.

Section 482 Administration of Criminal Justice Act 2015

Matters to be read, said or explained to representative

Where a representative appears, any requirement of this Act that anything shall be done in the presence of the defendant, or shall be read or said or explained to the defendant, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or said or explained to the representative.

Section 483 Administration of Criminal Justice Act 2015

Non-appearance of representative

Where a representative does not appear, any such requirement as is referred to in section 478 of this Act, shall not apply.

Section 484 Administration of Criminal Justice Act 2015

Saving under this part

(1) Subject to the preceding provisions of this part, the provisions of this Act relating to the inquiry into and trial of offences shall apply to a corporation as they apply to an adult.

(2) A corporation may be charged jointly and tried with an individual for any offence.

Section 469-476 of the Administration of Criminal Justice Act 2015

Section 469 to 476 of the Administration of Criminal Justice Act 2015 is under PART 46 of the Act. It is about THE ADMINISTRATION OF CRIMINAL JUSTICE MONITORING COMMITTEE.

Section 469 Administration of Criminal Justice Act 2015

Establishment of the administration

(1) There is hereby established a body to be known as the Administration of Criminal Justice Monitoring Committee (in this Act referred to as “the Committee”).

(2) The Committee shall consist of:
(a) the Chief Judge of the FCT who shall be the Chairman;

(b) Attorney-General of the Federation or his representative who shall not be below the rank of a Director in the Ministry;

(c) a Judge of the Federal High Court;

(d) the Inspector General of Police or his representative who shall not be below the rank of Commissioner of Police;

(e) the Comptroller-General of the Nigeria Prisons Service or his representative who shall not be below the rank of Comptroller of Prisons;

(f) the Executive Secretary of the National Human Rights Commission or representative not below the rank of Director.

(g) the Chairman of any of the local branches of the Nigeria Bar Association in the FCT to serve for two years only.

(h) the Director-General of the Legal Aid Council of Nigeria or representative not below the rank of Director.

(i) a representative of the Civil Society 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 except the ex-officio members shall be paid such allowances similar to allowances as applicable to Federal Boards, Commissions and Agencies.

Section 470 Administration of Criminal Justice Act 2015

Functions of the committee

(1) The Committee shall be charged with the responsibility of ensuring effective and efficient application of this Act by the relevant agencies.

(2) Without prejudice to the generality of subsection (1) of this section, the Committee shall ensure that:
(a) criminal matters are speedily dealt with;

(b) congestion of criminal cases in courts is drastically reduced;

(c) congestion in prisons is reduced to the barest minimum;

(d) persons awaiting trial are, as far as possible, not detained in prison custody;

(e) the relationship between the organs charged with the responsibility for all aspects of the administration of justice is cordial and there exists maximum co-operation amongst the organs in the administration of justice in Nigeria;

(f) collate, analyse and publish information in relation to the administration of criminal justice sector in Nigeria;

(g) submit report quarterly to the Chief Justice of Nigeria to keep the Chief Justice 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.

Section 471 Administration of Criminal Justice Act 2015

Secretariat of the committee

(1) The Committee shall establish and maintain a secretariat with such number of staff as it considers necessary for the efficient running of its affairs.

(2) The Secretariat shall be headed by a Secretary who shall be appointed by the Attorney-General of the Federation on the recommendation of the Committee.

(3) The Secretary shall be a legal practitioner of not less than 10 years post call experience and shall possess sound knowledge of the practical functioning of the criminal justice system and adequate experience in justice system administration.

(4) The Secretary shall be responsible for the execution of the policy of the committee and the day-to-day running of the affairs of the Committee.

(5) The Secretary shall hold office for a term of four years and may, subject to satisfactory performance of his functions, be re-appointed for another term of 4 years and no more.

(6) Subject to this section, the Secretary shall hold office on such terms as to emoluments and otherwise as may be specified in his letter of appointment.

Section 472 Administration of Criminal Justice Act 2015

Fund of the committee

(1) There is established for the Committee a fund into which shall be paid:
(a) budgetary allocation toit through the Office of the Attorney-General of the Federation;

(b) such monies as may, from time to time, be provided the Committee by any public, private or international organisation by way of a grant, support or assistance on such terms as are consistent with its functions; and

(c) such monies as may be received by the Committee in relation to the exercise of its functions under this Act.

(2) The Secretary of the Committee shall be the accounting officer for the purpose of controlling and disbursing monies from the fund established under this section.

Section 473 Administration of Criminal Justice Act 2015

Annual estimates and accounts

(1) The Secretary shall submit to the Attorney-General of the Federation not later than 30th September in each financial year, an estimate of its expenditure and income during the next financial year.

(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.

Section 474 Administration of Criminal Justice Act 2015

Annual report

The Committee shall prepare and publish an annual report of its activities.

Section 475 Administration of Criminal Justice Act 2015

Power to obtain information

(1) For the purpose of carrying out the functions conferred on the Committee under this Act, it:
(a) shall have a right of access to all the records of any of the organs in the administration of justice sector to which this Act applies; and

(b) may by notice in writing served on any person in charge of any such organs require that person to furnish information on such matters as may be specified in the notice.

(2) A person required to furnish information pursuant to subsection (1) of this section shall comply with the notice within a stipulated time.

Section 476 Administration of Criminal Justice Act 2015

Proceedings and quorum of the committee

(1) The Committee may make standing orders regulating its proceedings.

(2) The quorum at a meeting of the committee shall consist of the Chairman or his representative and two other members of the Committee.

(3) Subject to the provisions of the applicable standing order, the Committee shall meet at least once a quarter.

(4) At a meeting of the Committee, the Chairman or in his absence his representative shall preside at that meeting.

(5) The validity of proceedings of the Committee is not affected by:
(a) a vacancy in the membership of the Committee; or

(b) a defect in the appointment of a member of the Committee.

(6) A member of the Committee who has a personal interest in any arrangement entered into or proposed to be considered by the Committee shall disclose his interest to the Committee and shall not vote on any question relating to the arrangement.

Section 468 of the Administration of Criminal Justice Act 2015

Section 468 of the Administration of Criminal Justice Act 2015 is under PART 45 of the Act. It is about PAROLE.

Headline: Court may direct release of prisoner before completion of sentence.

(1) Where the Comptroller-General of Prisons makes a report to the court recommending that a prisoner:
(a) sentenced and serving his sentence in prison is of good behaviour; and

(b) has served at least one third of his prison term, if he is sentenced to imprisonment for a term of at least 15 years or where he is sentenced to life imprisonment, the court may, after hearing the prosecution and the prisoner or his legal representative, order that the remaining term of his imprisonment be suspended, with or without conditions, as the court considers fit, and the prisoner shall be released from prison on the order.

(2) A prisoner released under subsection (1) of this section shall undergo a rehabilitation programme in a Government facility or any other appropriate facility to enable him to be properly reintegrated to the society.

(3) The Comptroller-General of Prisons shall make adequate arrangement, including budgetary provision, for the facility.

Section 453-467 of the Administration of Criminal Justice Act 2015

Section 453 to 467 of the Administration of Criminal Justice Act 2015 is under PART 44 of the Act. It is about PROBATION AND NON-CUSTODIAL ALTERNATIVES.

Section 453 Administration of Criminal Justice Act 2015

Meaning probation order

In this Part, “probation order” means an order containing a condition specified in section 455 of this Act.

Section 454 Administration of Criminal Justice Act 2015

Conditional release of defendant and payment of compensation for loss or injury and of costs

(1) Where a defendant is charged before a court with an offence punishable by law and the court thinks that the charge is proved but is of opinion that having regard to:
(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 three years as may be specified in the order.

(3) The court may, in addition to an order under subsection (2) of this section, order:
(a) the defendant to pay such damages for injury or compensation for any loss suffered by a person by reason of the conduct or omission of the defendant, and to pay such costs of the proceedings as the court thinks reasonable; and

(b) the parent or guardian of the defendant to pay the damages and costs specified in paragraph (a) of this subsection, where the defendant has not attained the age of 18 years and it appears to the court that the parent or guardian of the defendant has conduced to the commission of the offence.

(4) Where an order under this section is made, the order shall:
(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.

Section 455 Administration of Criminal Justice Act 2015

Probation orders and conditions of recognizance

(1) A recognizance ordered to be entered into under this Part shall, where the court so orders contain a condition that the defendant be under the supervision of such person or persons of the same sex, called a probation officer, as may, with the consent of the probation officer, be named in the order during the period specified in the order.

(2) A recognizance under this Part of this Act may contain such additional conditions with respect to residence, abstention from intoxicating substance and any other matters as the court may, having regard to the particular circumstances of the case, consider necessary for preventing a repetition of the same offence or the commission of other offences.

(3) The court by which a probation order is made shall furnish to the defendant a notice in writing stating in simple terms the conditions he is required to observe.

Section 456 Administration of Criminal Justice Act 2015

Relieving probation officer of his duties

A Probation Officer may at any time be relieved of his duties or in case of the death of the Probation Officer named, another person may by consent be substituted by the court before which the defendant is bound by his recognizance to appear for conviction or sentence.

Section 457 Administration of Criminal Justice Act 2015

Duties of probation officers

(1) A probation officer shall, subject to the directions of the court:
(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 subject as the probation officer may think fit;

(b) see that he observes the conditions of his recognizance;

(c) report to the court as to his behaviour; and

(d) advise, assist, and befriend him and when necessary to endeavour to find him suitable employment.

(2) The Chief Judge of the Federal High Court, or of the High Court of the Federal Capital Territory, Abuja shall make regulations with respect to the appointment of probation officers, including designation of persons of good character as probation officers from which list a court within the district or division of the probation officer resides may make its appointment under section 455 of this Act.

Section 458 Administration of Criminal Justice Act 2015

Variation of terms and conditions of probation

The court before which a defendant is bound by a recognizance under this Part to appear for conviction and sentence or for sentence may:

(a) at any time if 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 diminishing 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.

Section 459 Administration of Criminal Justice Act 2015

Provisions in case of convict failing to observe conditions of release

(1) Where the court before which a defendant is bound by his recognizance under this Part to appear for conviction or sentence is satisfied by information on oath that the defendant has failed to observe any of the conditions of his recognizance, it may issue a warrant for his arrest or may, if it thinks fit, instead of issuing a warrant in the first instance, issue a summons to the defendant and his sureties, if any, requiring him or them to attend at the court and at such time as may be specified in the summons.

(2) The defendant where arrested shall, if not brought before the court before which he is bound by his recognizance to appear for conviction or sentence, be brought before another court.

(3) The court before which a defendant on arrest is brought or before which he appears in pursuance of the summons may, where it is not the court before which he is bound by his recognizance to appear for conviction or sentence, remand him to custody or on bail until he can be brought before the last-mentioned court.

(4) A defendant so remanded in custody may be committed during remand to a prison to which the court having power to convict or sentence him has power to commit prisoners.

(5) A court before which a defendant is bound by his recognizance to appear for conviction and sentence on being satisfied that he has failed to observe a condition of his recognizance may, without further proof of his guilt, convict and sentence him for the original offence.

Section 460 Administration of Criminal Justice Act 2015

Suspended sentence and community service

(1) Notwithstanding the provision of any other law creating an offence, where the court sees reason, the court may order that the sentence it imposed on the convict be, with or without conditions, suspended, in which case, the convict shall not be required to serve the sentence in accordance with the conditions of the suspension.

(2) The court may, with or without conditions, sentence the convict to perform specified service in his community or such community or place as the court may direct.

(3) A convict shall not be sentenced to suspended sentence or to community service for an offence involving the use of arms or offensive weapon, 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 convict who commit simple offences from mixing with hardened criminals.

Section 461 Administration of Criminal Justice Act 2015

Arrangements for community service

(1) There shall be established by the Chief Judge in every Judicial Division a Community Service Centre to be headed by a Registrar who shall be responsible for overseeing the execution of Community Service Orders in that Division.

(2) The Registrar shall be assisted by suitable personnel who shall supervise the implementation of Community Service Orders that may be handed down by the courts.

(3) The functions of the Community Service Centre include:
(a) documenting and keeping detailed information about convicts sentenced to Community Service including the: (i) name of the convict, (ii) sentence and the date of the sentence, (iii) nature, duration and location of the Community Service, (iv) residential address of the convict, (v) height, photograph, full fingerprint impressions, and (vi) other means of identification as may be appropriate;

(b) providing assistance to the court in arriving at appropriate Community Service Order in each case;

(c) monitoring the operation of Community Service in all its aspects;

(d) counselling offenders with a view to bringing about their reformation;

(e) recommending to the court a review of the sentence of offenders on Community Service who have shown remorse;

(f) proposing to the Chief Judge measures for effective operation of Community Service Orders;

(g) ensuring that supervising officers perform their duties in accordance with the law; and

(h) performing such other functions as may be necessary for the smooth administration of Community Service Orders.

(4) Where the court has made an order committing the convict to render community service, the community service shall be in the nature of:
(a) environmental sanitation, including cutting grasses, washing drainages, cleaning the environment and washing public places;

(b) assisting in the production of agricultural produce, construction, or mining; and

(c) any other type of service which in the opinion of the court would have a beneficial and reformative effect on the character of the convict.

(5) The Community Service sentence shall be performed as close as possible to the place where the convict ordinarily resides to ensure that the community can monitor his movement.

(6) Before passing a community service order, the court shall consider the circumstances, character, antecedents of the convict and other factors that may be brought to its attention by the Registrar of the Community Service Centre.

(7) A convict sentenced to community service shall not at the same time be sentenced to a term of imprisonment for the same offence, but may in default of performing his community service diligently and to the satisfaction of the court, be sentenced to a term of imprisonment for the remaining part of his community service to which he is in default or neglect.

(8) Upon sentence to community service, a convict shall be required to produce a guarantor who shall undertake to produce the convict if the he absconds from community service.

(9) The guarantor shall be a relation of the convict or any other responsible person of adequate means or substance who shall produce the convict when required by the court, failing which the guarantor shall be liable to a fine of one hundred thousand naira or more as the circumstances of each case may require.

Section 462 Administration of Criminal Justice Act 2015

Performance of community service order

(1) The Community Service Order shall be performed for a period of not more than 6 months and the convict shall not work for more than 5 hours a day.

(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 documents and information relating to the case.

Section 463 Administration of Criminal Justice Act 2015

Default of convict in complying with community service order

(1) Where at any time during the community service period, the Registrar of the Community Service Centre informs the court of the default of the convict in complying with the directives of the Community Service Order, the court may issue a summons requiring the convict to appear before it.

(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 N100,000.00 or more, or such other punishment as the court considers fit.

Section 464 Administration of Criminal Justice Act 2015

Commission of further offence

Where a convict has been ordered to undergo community service on conviction by an original court but has committed another offence during the period of community service, the following rules shall apply:

(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.

Section 465 Administration of Criminal Justice Act 2015

Amendment, review and discharge of community service orders

(1) A convict undergoing community service who intends to change his or her place of residence shall inform the supervising officer of his intention to do so.

(2) On receipt of the information, the supervising officer shall furnish the Registrar of the Community Service Centre with the information giving the details of the case.

(3) On application by the Registrar of the Community Service Centre, the court shall make appropriate amendment in the Community Service Order and inform the court having jurisdiction for the area where the convict intends to reside.

(4) The court shall give the convict a copy of the amended Community Service Order which the convict shall present to the subsequent Community Service Centre.

Section 466 Administration of Criminal Justice Act 2015

Discharge of community service order

(1) Where a convict has been ordered to undergo community service for a period of more than 4 months, the supervising officer shall, from time to time, give a report to the Registrar on the convict’s performance and general conduct.

(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.

Section 467 Administration of Criminal Justice Act 2015

Confinement in rehabilitation and correctional centre

(1) A defendant convicted of an offence triable summarily may be sentenced and ordered to serve the sentence at a Rehabilitation and Correctional Centre established by the Federal Government in lieu of imprisonment.

(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 circumstances 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.