Section 329-332 of the Administration of Criminal Justice Act 2015

Section 329 to 332 of the Administration of Criminal Justice Act 2015 is under PART 33 (CUSTODY, DISPOSAL, RESTORATION OF PROPERTY) of the Act.

Section 329 Administration of Criminal Justice Act 2015

Meaning of “property”

In this Part, “property” in the case of property regarding which an offence appears to have been committed, includes not only the property as has been originally in the possession or under the control of a party, but also any property into or for which that same has been converted or exchanged and anything acquired by the conversion or exchange, whether immediately or otherwise.

Section 330 Administration of Criminal Justice Act 2015

Order for custody and disposal of property pending trial

Where any property regarding which an offence appears to have been committed or which appears to have been used for the commission of an offence is produced before a court during an inquiry or a trial, the court:
(a) may make such order as it thinks fit for the proper custody of that property pending the conclusion of the proceedings or trial; and

(b) where the property is subject to speedy decay, may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of, and the proceeds dealt with as the court may direct.

Section 331 Administration of Criminal Justice Act 2015

Order for disposal of property after trial

(1) Where any proceeding or trial in a criminal case is concluded, the court may make such order as it thinks fit, for the disposal by destruction, confiscation or delivery to a person appearing to be entitled to the possession or otherwise, of any movable property or document produced before it or in its custody or regarding which an offence appears to have been committed or which has been used for the commission of an offence.

(2) Notwithstanding that the trial, proceeding or an appeal is pending in respect of the case, the court may, in any case, make an order under the provisions of subsection (1) of this section for the delivery of any property, to a person appearing to be entitled to the possession of the property, on his executing a bond, with or without sureties, to the satisfaction of the court, undertaking to restore the property to the court.

(3) An order made under this section may be appealed against as if it is a decision in the final judgment of the court giving the direction.

Section 332 Administration of Criminal Justice Act 2015

Custody or sale of property

(1) Where the court orders the forfeiture or confiscation of any property but does not make an order for its destruction or for its delivery to any person, the court may direct that the property shall be kept or sold and that the property, if sold, the proceeds of the sale be held as it directs until some person establishes to the court’s satisfaction, a right to the property.

(2) Where no person establishes a right within six months from the date of forfeiture or confiscation of the property, the proceeds of the sale shall be paid into the Consolidated Revenue Fund of the Federation, Consolidated Revenue Fund of the State or any other appropriate account, as the case may be.

(3) Where an order is made under this section in a case which an appeal lies, the order shall not, except when the property is livestock or is subject to speedy and natural decay, be carried out until the period allowed for presenting the appeal has passed or when the appeal is entered, until the disposal of the appeal.

Section 319-328 of the Administration of Criminal Justice Act 2015

Section 319 to 328 of the Administration of Criminal Justice Act 2015 is under PART 32 (COSTS, COMPENSATION, DAMAGES AND RESTITUTION) of the Act.

Section 319 Administration of Criminal Justice Act 2015

Power of court to order payment of expenses or compensation

(1) A court may, within the proceedings or while passing judgment, order that the defendant or convict to pay a sum of money:
(a) as compensation to any person injured by the offence, irrespective of any other fine or other punishment that may be imposed or that is imposed on the defendant or convict, where substantial compensation is in the opinion of the court recoverable by civil suit;

(b) in compensating a bona fide purchaser for value without notice of the defect of the title in any property in respect of which the offence was committed and has been compelled to give it up; and

(c) in defraying expenses incurred on medical treatment of a victim injured by the convict in connection with the offence.

(2) Where the fine referred to in subsection (1) of this section is imposed in a case which is subject to appeal, no payment additional to the fine shall be made before the period allowed for presenting the appeal has elapsed or, where an appeal is presented, before the decision on the appeal.

(3) Order for cost or compensation may be made under this section irrespective of the fact that no fine has been imposed on the defendant in the judgment.

Section 320 Administration of Criminal Justice Act 2015

Payment to be taken into consideration in subsequent civil suit

(1) At the time of awarding compensation in any subsequent civil suit relating to the same matter the court shall take into consideration any sum paid or recovered as compensation under this section.

(2) The pendency of criminal proceedings shall not be a bar to a civil action in respect of the same subject matter.

Section 321 Administration of Criminal Justice Act 2015

Power of court to order restitution

A court after conviction may adjourn proceedings, to consider and determine sentence appropriate for each convict:
(a) in addition to or in lieu of any other penalty authorised by law, order the convict to make restitution or pay compensation to any victim of the crime for which the offender was convicted, or to the victim’s estate; or

(b) order for the restitution or compensation for the loss or destruction of the Victim’s property and in so doing the court may direct the convict: (i) to return the property to the owner or to a person designated by the owner; (ii) where the return of the property is impossible or impracticable, to pay an amount equal to the value of the property; or (iii) where the property to be returned is inadequate or insufficient, to pay an amount equal to the property calculated on the basis of what is fair and just.

Section 322 Administration of Criminal Justice Act 2015

Cost against private prosecutor

(1) The court may, in a proceeding instituted by a private prosecutor or on a summons or complaint of a private person, on acquittal of the defendant, order the private prosecutor or person to pay to the defendant such reasonable costs as the court may deem fit.

(2) In this section, “private prosecutor” does not include a person prosecuting on behalf of the State, a public officer prosecuting in his official capacity and a police officer.

Section 323 Administration of Criminal Justice Act 2015

Compensation in cases of false and vexatious accusation

(1) Where a person causes the arrest, or arrest and charge of a defendant or defendants and it appears to the Court that there was no sufficient ground for causing the arrest, or that the accusation is false, vexatious or frivolous, it may for reason recorded order the person to pay reasonable compensation to the defendant or defendants arrested or arrested and charged.

(2) The Court may, in default of payment of such compensation or any part of it, award a term of imprisonment against the person against whom the order was made, for any term not exceeding the term prescribed in respect of a like sum in the scale of imprisonment set out in this Act or the Court may sentence the person to Community Service in accordance with section 462 of this Act.

(3) Subject to the provisions of the Constitution relating to appeals, a person against whom an order for payment of compensation is made under this section may appeal against the order as if he had been convicted after trial by the Court that issued the order.

Section 324 Administration of Criminal Justice Act 2015

Injured person may refuse to accept compensation, but payment of compensation is bar to further liability

(1) A person to whom compensation is awarded may refuse to accept the compensation.

(2) Where the person receives the compensation or where the convict, having been ordered to pay compensation, suffers imprisonment for non-payment, the receipt of the compensation, or the undergoing of the imprisonment, as the case may be, shall act as a bar to any further action for the same injury.

(3) Before making an order for compensation under this Act, the court shall explain the full effect of this section to the person to whom compensation is payable.

Section 325 Administration of Criminal Justice Act 2015

Monies paid as compensation, recoverable as fines

Any compensation ordered to be paid under this Act or any other Act, relating to any criminal proceedings, may be enforced as if it were a fine.

Section 326 Administration of Criminal Justice Act 2015

Warrant for levy of fine

(1) Where a convict is ordered to pay a fine, or a defendant is ordered to pay compensation to another person under section 319 of this Act, or a person is subject to recovery of penalty for forfeiture of a bond under this Act, the Court passing the sentence or making the order may, notwithstanding that, in default of the payment of the fine or compensation or penalty, the convict or defendant may be imprisoned, issue a warrant for the levy of the amount by any means permitted by law, including:
(a) the seizure and sale of any movable property belonging to the defendant or convict;

(b) the attachment of any debts due to the defendant or convict; and

(c) subject to the provisions of the Land Use Act (Cap.L5 LFN 2004), by the attachment and sale of any immovable property of the convict situated within the jurisdiction of the court.

(2) A warrant for seizure and sale of the movable property of a person under this section shall be addressed to the court within whose jurisdiction it is to be executed.

(3) Where execution of a warrant is to be enforced by attachment of debts or sale of immovable property, the warrant shall be sent for execution to any court competent to execute orders for the payment of money in civil suits and the court shall follow the procedure for the time being in force for the execution of such orders.

Section 327 Administration of Criminal Justice Act 2015

Powers of court when convict is sentenced to only fine

(1) Where a convict has been ordered by Court to pay a fine with or without a sentence of imprisonment in default of payment of the fine, the Court authorised by section 326 of this Act to issue a warrant may, exercise any of the following powers:
(a) allow time for payment of the fine;

(b) direct that the fine be paid by installments;

(c) postpone the issue of a warrant under section 326 of this Act;

(d) without postponing the issue of a warrant under section 326 of this Act, postpone the sale of any property seized under the warrant;

(e) postpone the execution of the sentence of imprisonment in default of payment of the fine.

(2) An order made in the exercise of the powers referred to in subsection (1) of this section may be made subject to the convict giving such security as the court may consider fit, by means of a bond with or without sureties, in which case, the bond may be conditioned either for the payment of the fine in accordance with the order or for the appearance of the convict as required in the bond or both.

(3) The Court may also, in the exercise of the powers referred to in subsection (1) of this section, order that the execution of the sentence of imprisonment on a convict who has been committed to prison in default of payment of a fine, be suspended and that he be released but only subject to the convict giving security as specified in subsection (2) of this section.

(4) Where the fine or any instalment of the fine not being paid in accordance with an order under this section, the authority making the order may enforce payment of the fine or of the balance outstanding, by any means authorised in this Act and may cause the offender to be arrested and may commit or recommit him to prison under the sentence of imprisonment in default of payment of the fine.

Section 328 Administration of Criminal Justice Act 2015

Wrongful conversion or detention of property and award of damages

(1) Where in a charge of an offence relating to property and the Court is of the opinion that the evidence is insufficient to support the charge, but that it establishes wrongful conversion or detention of property, the Court may order that such property be restored and may also award reasonable damages to the person entitled to the property.

(2) The damages awarded under this section, shall be recovered in like manner, as prescribed in section 325 of this Act.

Section 300-318 of the Administration of Criminal Justice Act 2015

Section 300 to 318 of the Administration of Criminal Justice Act 2015 is under PART 31 (PRESENTATION OF CASE BY PROSECUTION AND DEFENCE AND CONCLUSION OF TRIAL) of the Act.

Section 300 Administration of Criminal Justice Act 2015

Presentation of case for prosecution

(1) After a plea of not guilty has been taken or no plea has been made, the prosecutor may open the case against the defendant stating shortly by what evidence he expects to prove the guilt of the defendant.

(2) The prosecutor shall then examine the witnesses for the prosecution who may be cross-examined by the defendant or his legal practitioner and thereafter re-examined by the prosecutor, where necessary.

Section 301 Administration of Criminal Justice Act 2015

Defendant’s case

After the case of the prosecution is concluded, the defendant or the legal practitioner representing him, if any, is entitled to address the court to present his case and to adduce evidence where so required.

Section 302 Administration of Criminal Justice Act 2015

No case submission at the instance of the court

The court may, on its own motion or on application by the defendant, after hearing the evidence for the prosecution, where it considers that the evidence against the defendant or any of several defendants is not sufficient to justify the continuation of the trial, record a finding of not guilty in respect of the defendant without calling on him or them to enter his or their defence and the defendant shall accordingly be discharged and the court shall then call on the remaining defendant, if any, to enter his defence.

Section 303 Administration of Criminal Justice Act 2015

No case submission by the defence and replies

(1) Where the defendant or his legal practitioner makes a no case submission in accordance with the provisions of this Act, the court shall call on the prosecutor to reply.

(2) The defendant or his legal practitioner has the right to reply to any new point of law raised by the prosecutor, after which, the court shall give its ruling.

(3) In considering the application of the defendant under section 303, the court shall in the exercise of its discretion, have regard to whether:

(a) an essential element of the offence has been proved;

(b) there is evidence linking the defendant with the commission of the offence with which he is charged;

(c) the evidence so far led is such that no reasonable court or tribunal would convict on it; and

(d) any other ground on which the court may find that a prima facie case has not been made out against the defendant for him to be called upon to answer.

(e) any other ground on which the court may find that a prima facie case has not been made out against the defendant for him to be called upon to answer.

Section 304 Administration of Criminal Justice Act 2015

Defence and prosecutor’s right of reply

(1) After the case for the prosecution is concluded the defendant or the legal practitioner representing him, if any, is entitled to address the court at the commencement or conclusion of his case, as he thinks fit, and if no witnesses have been called for the defence than the defendant himself or witnesses solely as to character of the defendant and no document is put in as evidence for the defence, the prosecution shall not be entitled to address the court a second time but if in opening the case for the defence, the legal practitioner appearing for the defendant introduced a new matter without supporting it by evidence the court, in its discretion may allow the prosecution to reply.

(2) Where any witness, other than the defendant himself or witnesses solely as to the defendant’s character, is called or any document is put in as evidence for the defence, the legal practitioner appearing for the defendant is entitled after evidence has been adduced to address the court a second time on the whole case and the prosecution shall have a right of reply.

(3) The provisions of this section shall not affect the right of reply by a law officer.

Section 305 Administration of Criminal Justice Act 2015

Reference to the Court of Appeal

(1) Where a question as to the interpretation of the Constitution of the Federal Republic of Nigeria arises in the course of a trial and is referred to the Court of Appeal under the provisions of the Constitution, the court before which the question arose may in its discretion:
(a) adjourn the trial until the question has been considered and decided;

(b) conclude the trial and postpone the verdict until such time as the question has been considered and decided: or

(c) conclude the trial and pass sentence but suspend execution until such time as the question has been considered and decided, and in any such case the court in its discretion shall commit the defendant or convict to prison or admit him to bail in accordance with the provisions in Part 19 of this Act.

(2) When the question referred to subsection (1)(a) of this section has been decided by the Court of Appeal the Court shall:
(a) continue the trial or discharge the defendant;

(b) acquit or convict the defendant; or

(c) order the execution of the sentence as the circumstance may require.

Section 306 Administration of Criminal Justice Act 2015

Stay of proceedings

An application for stay of proceedings in respect of a criminal matter before the Court shall not be entertained.

Section 307 Administration of Criminal Justice Act 2015

Consideration of case by court and announcement of finding

(1) When the case for both sides is closed, the court shall consider its verdict and for this purpose may retire or adjourn the trial.

(2) After the court has made its finding, the court shall pronounce that finding in the open court.

Section 308 Administration of Criminal Justice Act 2015

Judgment to be in writing

(1) The Judge or Magistrate shall record his judgment in writing and every judgment shall contain the point or points for determination, the decision and the reasons for the decision and shall be dated and signed by the Judge or Magistrate at the time of pronouncing it.

(2) The Magistrate, instead of writing the judgment, may record briefly in the book his decision or finding and his reason for the decision or finding, and then deliver an oral judgment.

Section 309 Administration of Criminal Justice Act 2015

Defendant to be discharged where found not guilty

Where the court finds the defendant not guilty, it shall immediately discharge him and record an order of discharge and acquittal accordingly.

Section 310 Administration of Criminal Justice Act 2015

Procedure on finding of guilty

(1) Where the finding is guilty, the convict shall, where he has not previously called any witnesses to character, be asked whether he wishes to call any witnesses and after the witnesses, if any, have been heard he shall be asked whether he desires to make any statement or produce any necessary evidence or information in mitigation of punishment in accordance with section 311 (3) of this Act.

(2) After the defendant has made his statement, if any, in mitigation of punishment the prosecution shall, unless such evidence has already been given, produce evidence of any previous conviction of the defendant.

Section 311 Administration of Criminal Justice Act 2015

Sentence and sentencing hearing

(1) Where the provisions of section 310 of this Act have been complied with, the Court may pass sentence on the convict or adjourn to consider and determine the sentence and shall then announce the sentence in open court.

(2) The Court shall, in pronouncing sentence, consider the following factors in addition to sections 239 and 240 of this Act.
(a) the objectives of sentencing, including the principles of reformation and deterrence;

(b) the interest of the victim, the convict and the community;

(c) appropriateness of non-custodial sentence or treatment in lieu of imprisonment;

(d) previous conviction of the convict.

(3) A court, after conviction, shall take all necessary aggravating and mitigating evidence or information in respect of each convict that may guide it in deciding the nature and extent of sentence to pass on the convict in each particular case, even though the convicts were charged and tried together.

Section 312 Administration of Criminal Justice Act 2015

Recommendation for mercy

The court may in any case in recording sentence make a recommendation for mercy and shall give the reasons for its recommendation.

Section 313 Administration of Criminal Justice Act 2015

Conviction on other charges pending

(1) Where a defendant is found guilty of an offence, the court may in passing sentence take into consideration any other charge then pending against him, where the defendant admits the other charge and desires that it be taken into consideration and if the prosecutor of the other charge consents.

(2) Where a desire is expressed under subsection (1) of this section and consent given the court shall:
(a) make an entry to that effect on the record book;

(b) the prosecution shall state the facts of the case in accordance with section 300 of this Act;

(3) Where the other charge pending against the defendant is considered in accordance with subsections (1) and (2) of this section and sentence passed on the defendant with consideration or in respect of the other pending charge, the defendant shall not, subject to the provisions of sections 236 to 237 of this Act, or unless the conviction has been set aside, be liable to be charged or tried in respect of any such offence so taken into consideration.

Section 314 Administration of Criminal Justice Act 2015

Compensation to victim in judgment

(1) Notwithstanding the limit of its civil or criminal jurisdiction, a court has power in delivering its judgment to award to a victim commensurate compensation by the defendant or any other person or the State.

(2) The Court in considering the award of compensation to the victim may call for additional evidence to enable it determine the quantum of compensation to award in subsection (1) of this section.

Section 315 Administration of Criminal Justice Act 2015

Delivery of judgment when Judge or Magistrate is unavoidably absent

Where a Judge or Magistrate having tried a case is prevented by illness or other unavoidable cause from delivering his judgment or sentence, the judgment or the sentence, if it has been reduced into writing and signed by the Judge or Magistrate, may be delivered and pronounced in open court by any other Judge or Magistrate in the presence of the defendant.

Section 316 Administration of Criminal Justice Act 2015

Warrant of commitment

Where a sentence or conviction does not order the payment of money but orders the convict to be imprisoned the court shall issue a warrant of commitment accordingly.

Section 317 Administration of Criminal Justice Act 2015

Authority for carrying out sentence other than of death

A warrant under the hand of the Judge or Magistrate by whom a convict has been sentenced or committed to prison for non-payment of a penalty or fine has full authority to the officer in charge of any prison and to all other persons for carrying into effect the sentence described in the warrant not being a sentence of death.

Section 318 Administration of Criminal Justice Act 2015

Error or omission not to affect legality of act

The court may, at any time amend any defect in an order or warrant of commitment and no:
(a) omission or error as to time and place; or

(b) defect in form in any order or warrant of commitment given under this Act, shall be held to render void or unlawful an act done or intended to be done by virtue of the order or warrant if it is mentioned, or may be inferred, that it is founded on a conviction or judgment sufficient to sustain it.

Section 293-299 of the Administration of Criminal Justice Act 2015

Section 293, 294, 295, 296, 297, 298, and 299 of the Administration of Criminal Justice Act 2015 is under PART 30 (DETENTION TIME LIMITS) of the Act.

Section 293 Administration of Criminal Justice Act 2015

Applications for remand or other interlocutory proceedings

(1) A suspect arrested for an offence which a court has no jurisdiction to try shall, within a reasonable time of arrest, be brought before a magistrate Court for remand.

(2) An application for remand under this section shall be made ex parte and shall:
(a) be made in the prescribed “Report and Request for Remand Form” as contained in Form 8, in the First Schedule to this Act; and

(b) be verified on oath and contain reasons for the remand request.

Section 294 Administration of Criminal Justice Act 2015

A court may remand in prison custody

(1) Where the Court, after examining the reason for the arrest and for the request for remand in accordance with the provisions of Section 293 of this Act, is satisfied that there is probable cause to remand the suspect pending the receipt of a copy of the legal advice from the Attorney-General of the Federation and arraignment of the suspect before the appropriate court, as the case may be, may remand the suspect in custody.
(2) In considering whether “probable cause” has been established for the remand of a suspect pursuant to subsection (1) of this section, the court may take into consideration the following:
(a) the nature and seriousness of the alleged offence;

(b) reasonable grounds to suspect that the suspect has been involved in the commission of the alleged offence;

(c) reasonable grounds for believing that the suspect may abscond or commit further offence where he is not committed to custody; and

(d) any other circumstances of the case that justifies the request for remand.

Section 295 Administration of Criminal Justice Act 2015

Court may grant bail in remand proceedings

The court may, in considering an application for remand brought under section 293 of this Act, grant bail to the suspect brought before it, taking into consideration the provisions of sections 158 to 188 of this Act relating to bail.

Section 296 Administration of Criminal Justice Act 2015

Time and protocol for remand orders

(1) Where an order of remand of the suspect is made pursuant to section 293 of this Act, the order shall be for a period not exceeding 14 days in the first instance, and the case shall be returnable within the same period.

(2) Where, on application in writing, good cause is shown why there should be an extension of the remand period, the court may make an order for further remand of the suspect for a period not exceeding 14 days and make the proceedings returnable within the same period.

(3) Where the suspect is still in custody on remand at the expiration of the period provided for under subsection (1) or (2) of this Section, the court may on application of the suspect grant bail in accordance with the provisions of Sections 158 to 188 of this Act.

(4) At the expiration of the remand order made pursuant to subsection (1) or (2) of this section, and where the suspect is still remanded with his trial having not commenced, or charge having not been filed at the relevant court having jurisdiction, the court shall issue a hearing notice on:
(a) the Inspector General of Police and the Attorney-General of the Federation; or

(b) the Commissioner of Police of the state or of the Federal Capital Territory or the Attorney-General of the Federation, as the case may be,

(c) any relevant authority in whose custody the suspect is or at whose instance the suspect is remanded, and adjourn the matter within a period not exceeding four-teen days of the expiration of the period of remand order made under subsection (1) or

(2) of this section, to inquire as to the position of the case and for the Inspector General of Police or the Commissioner of Police and the Attorney-General of the Federation to show cause why the suspect remanded should not be unconditionally released.

(5) Where the Inspector General of Police or the Commissioner of Police and the Attorney-General of the Federation show good cause pursuant to subsection (4) of this Section and make a request to that effect, the court:
(a) may extend the remand of the suspect for a final period not exceeding 14 days for the suspect to be arraigned for trial before an appropriate court or tribunal; and

(b) shall make the case returnable within the said period of 14 days from the date the hearing notice was issued pursuant to subsection (4) of this section.

(6) Where good cause is not shown for the continued remand of the suspect pursuant to subsection (4) of this Section, or where the suspect is still on remand custody after the expiration of the extended period under subsection (5), the court shall, with or without an application to that effect, forthwith discharge the suspect and the suspect shall be immediately released from custody.

(7) No further application for remand shall be entertained after the proceeding in subsection (6) of this section.

Section 297 Administration of Criminal Justice Act 2015

When court may exercise power of remand

(1) The powers conferred on the court under this Part may be exercised by the court:
(a) whether the suspect remanded is present in court or not; and

(b) on its own motion or on application, including an application by a person in charge of the prison or other place of custody where the suspect remanded is detained.

(2) The legal advice of the Attorney-General of the Federation shall in all cases be copied to the court, and the court may act only on the copy of the advice to make any order that may be necessary in the circumstances.

(3) Where the legal advice of the Attorney-General of the Federation indicates that the suspect remanded has no case to answer, the court shall release the suspect immediately.

Section 298 Administration of Criminal Justice Act 2015

Court may bring up person remanded or make any order during remand

(1) During remand, the court may nevertheless order the suspect remanded to be brought before it.

(2) The court may order that the suspect remanded be transferred to a hospital, asylum or any suitable place for the purpose of giving him medical treatment, or may make any order that it considers necessary to make at any time during the remand period.

Section 299 Administration of Criminal Justice Act 2015

Place of remand

A suspect committed to prison under this Act shall be remanded in prison or other place of safe custody.

Section 278-292 of the Administration of Criminal Justice Act 2015

Section 278 to 292 of the Administration of Criminal Justice Act 2015 is under PART 29 (PERSONS OF UNSOUND MIND) of the Act.

Section 278 Administration of Criminal Justice Act 2015

Procedure when defendant is suspected to be of unsound mind

(1) Where in the course of a criminal trial, the court has reason to suspect the mental capacity or soundness of mind of a defendant, by virtue of which he is unable to stand trial or defend himself, the court shall order the medical examination of the defendant’s mental state or soundness of mind.

(2) An investigation under subsection (1) of this section may be held in the absence of the defendant where the court is satisfied that owing to the state of the defendant’s mind it would be in the interests of the defendant or of other persons or in the interests of public decency that he should be absent.

(3) Where the court is not satisfied that the defendant is capable of making his defence, the court shall adjourn the trial or proceeding and shall remand the person for a period not exceeding 1 month to be detained for observation in some suitable place.

(4) A defendant detained in accordance with subsection (3) of this section shall be kept under observation by a medical officer during the period of his remand and, before the expiration of that period, the medical officer shall:
(a) give to the court his opinion in writing as to the state of mind of that person; and

(b) where he is unable within the period to form any definite opinion, he shall so certify to the court and ask for a further remand and such further remand may extend to a period of 3 months.

(5) Where further period of remand is granted under subsection (4) of this section, the case shall be fixed returnable by the court at the expiration of the period granted under subsection 4 (b) of this section.

(6) A court, before which a defendant suspected to be of unsound mind is accused of any offence may, on the application of the Attorney-General of the Federation or a law officer made at any stage of the proceedings prior to the trial, order that the person be sent to an asylum or such other suitable place for observation.

(7) The medical officer in charge of the asylum or such other suitable place shall, within a period not exceeding one month in the first instance or on application to the court for a further period of three months, submit to the court a report in writing containing his opinion on the soundness of mind of the defendant.

Section 279 Administration of Criminal Justice Act 2015

Report from medical officer

Where the medical officer or such officer in charge of the asylum or other suitable place to which the defendant is referred for observation under the provisions of this section fails to submit a report as provided in section 278(4) and (7) of this Act within the period stipulated in those sub sections, the court may discharge the person, or shall release him on bail in accordance with the provisions of this Act relating to bail.

Section 280 Administration of Criminal Justice Act 2015

Certificate of medical officer

(1) Where the medical officer certifies that the defendant is of:
(a) sound mind and capable of making his defence, the court shall, unless satisfied by the defence that the defendant is of unsound mind, proceed with the trial; or

(b) unsound mind and incapable of making his defence, the court shall, where satisfied of the fact, postpone the proceeding.

(2) The trial of the issue as to whether or not the defendant is of unsound mind and incapable of making his defence shall, where the finding is that he is of sound mind and capable of making his defence, be deemed to be part of his trial before the court.

(3) The certificate of the medical officer who issued the certificate shall be admissible under this section even in the absence from court of the medical officer provided there is sufficient explanation for his absence.

(4) Where the defendant is certified to be of unsound mind and incapable of making his defence, it shall not be necessary for him to be present in court during proceedings under this section.

Section 281 Administration of Criminal Justice Act 2015

Release of defendant of unsound mind pending investigation or trial

(1) Where a defendant is found to be of unsound mind and incapable of making his defence, ifthe offence charged is bailable by the court, it may in its discretion, release him on sufficient security being given:
(a) that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person; and

(b) for his appearance when required before the court or such officer as the court appoints in that behalf.

(2) Where a defendant is before a Magistrate charged with an offence which is bailable by a Judge but not by a Magistrate or where the offence is bailable by a Magistrate but the Magistrate refused to grant bail, the Magistrate shall inform the defendant of his right to apply to a Judge for bail.

(3) Where the offence charged is not bailable by the High Court or where a Judge has refused bail under subsection (1) of this section or after an application made under subsection (2) of this section or where sufficient security is not given or where no application is made for bail, the Judge shall report the case to the Attorney-General of the Federation, who after consideration of the report may, in his discretion, order the defendant to be confined in a lunatic asylum or other suitable place of safe custody and the Judge shall give effect to the order.

(4) Where the order is not given within two months, the court may discharge the defendant or release him on bail on satisfaction that doing so will not endanger the life of the defendant or the life of anyone else.

(5) Pending the order of the Attorney-General of the Federation, the defendant, may be committed to an asylum or other suitable place of custody for safe custody.

Section 282 Administration of Criminal Justice Act 2015

Resumption of proceedings or trial

Where a proceeding or trial is postponed under section 278 or 279 of this Act, the court may at any time re-open the proceeding or re-commence the trial and require the defendant to appear or be brought before the court.

Section 283 Administration of Criminal Justice Act 2015

Resumption of proceedings after release under section 281

Where the defendant has been released under section 281 of this Act, the court may at any time require the defendant to appear or be brought before it and may again proceed with the proceeding or trial.

Section 284 Administration of Criminal Justice Act 2015

Where defendant appears to have been of unsound mind

Where the defendant appears to be of unsound mind at the time of any remand or similar pre-trial proceedings before a court, and the issue of the state of soundness of mind of the defendant is in issue, being a defence to the main offence for which he is arrested relating to insanity or intoxication, the court shall proceed to deal with the defendant in accordance with sections 278 to 291 of this Act and shall not make any finding of fact in relation to such defence that the defendant is open to plead at his trial for the offence.

Section 285 Administration of Criminal Justice Act 2015

Safe custody of defendant discharged

Where the finding states that the defendant committed the act alleged, the court before which the trial has been held shall, where the act would have but for the finding of incapacity constituted an offence, order the person to be kept in safe custody in such place and manner as the court thinks fit and shall, within 31 days of the order, report the case for an order of the Attorney-General of the Federation.

Section 286 Administration of Criminal Justice Act 2015

Order of the Attorney-General in pursuance to section 285

(1) The Attorney-General of the Federation may at his discretion order the defendant to be confined pursuance to section 285 in a mental health asylum, prison or other suitable place of safe custody.

(2) In exercising this discretion, the Attorney-General shall ensure that the defendant is placed in such facility as to afford him adequate care at the expense of the State.

Section 287 Administration of Criminal Justice Act 2015

Observation of prisoners of unsound mind

Where any defendant is confined under section 281 (3) and (5), 285 or 286 of this Act, the medical officer of the prison, where such defendant is confined in a prison, or the medical officer attached to the asylum or other facility where he is confined in any asylum or such facility shall keep him under observation in order to ascertain his state of mind and such medical officer shall make a special report for the information of the Attorney-General of the Federation as to the state of mind of such defendant at that time or times as the Attorney-General of the Federation shall require.

Section 288 Administration of Criminal Justice Act 2015

Procedure when defendant of unsound mind is reported to be able to make his defence

Where a defendant is, under the provisions of section 279 of this Act, confined in a prison, asylum or other facility and is certified by the medical officer to whom the case is referred for his report to be capable of making his defence, the defendant shall be taken before the court at such time as the court appoints, and the court shall proceed with the trial or proceeding, as the case may be, and the certificate shall be receivable as evidence.

Section 289 Administration of Criminal Justice Act 2015

Procedure where defendant of unsound mind is reported fit for discharge

(1) Where the medical officer of a prison or the medical officer attached to an asylum or other facility in which a defendant is confined under section 281, 285 or 286 of this Act certifies that the defendant in his judgment may be discharged without the danger of him causing injury to himself or to any other person, the Attorney-General of the Federation may, on the receipt of that report order the defendant to be discharged or to be detained in custody or in prison or to be in custody or be transferred to an asylum where he has not already been sent to an asylum.

(2) Where the Attorney-General of the Federation orders a defendant to be transferred to an asylum, he may appoint two medical officers to report on the state of mind of the defendant and on any other facts the court may require, and on receipt of the report, the court may order his discharge or detention as it thinks fit.

Section 290 Administration of Criminal Justice Act 2015

Transfer from one place of custody to another

Where a defendant is confined in a prison or an asylum, the Attorney-General of the Federation, may direct his transfer from one prison or asylum to any other prison or asylum as often as may be necessary or may at any time order for his release from detention as he may consider necessary.

Section 291 Administration of Criminal Justice Act 2015

Delivery of defendant of unsound mind to care of relative

(1) Where a relative or friend of a defendant confined under section 281 or 286 of this Act desires that the defendant shall be delivered over to his care and custody, the court may, on the application of the relative or friend and on his giving security to the satisfaction of the court that the defendant delivered shall be:
(a) properly taken care of; and

(b) prevented from doing injury to himself or to any other person,

in his discretion, order the defendant to be delivered to the relative or friend on condition that the defendant shall be produced for the inspection of such officer and at such times as the court may direct.

(2) Where a defendant delivered to a relative or friend under subsection (1) of this section is confined under the provisions of section 285 of this Act, the court may further require the relative or friend to give satisfactory security that if at any time it appears to the court that the defendant is capable of making his defence, the relative or friend shall produce the defendant for trial.

(3) Sections 281 and 287 of this Act shall apply, with necessary modifications, to a defendant delivered to the care and custody of a relative or friend under this section.

Section 292 Administration of Criminal Justice Act 2015

Removal to another State

Where it is necessary to remove a prisoner to a prison or asylum under the provisions of this Part, an order for the removal given under the provisions of this Part shall be sufficient authority for the removal and the detention of the prisoner in any prison or such other place of detention within the Federation.

Section 270-277 Administration of Criminal Justice Act 2015

Section 270, 271, 272, 273, 274, 275, 276, and 277 of the Administration of Criminal Justice Act 2015 is under PART 28 (PLEA BARGAIN AND PLEA GENERALLY) of the Act.

Section 270 Administration of Criminal Justice Act 2015

Plea bargain guidelines

(1) Notwithstanding anything in this Act or in any other law, the Prosecutor may:
(a) receive and consider a plea bargain from a defendant charged with an offence either directly from that defendant or on his behalf;

(b) offer a plea bargain to a defendant charged with an offence.

(2) The prosecution may enter into plea bargaining with the defendant, with the consent of the victim or his representative during or after the presentation of the evidence of the prosecution, but before the presentation of the evidence of the defence, provided that all of the following conditions are present:
(a) the evidence of the prosecution is insufficient to prove the offence charged beyond reasonable doubt;

(b) where the defendant has agreed to return the proceeds of the crime or make restitution to the victim or his representative; or

(c) where the defendant, in a case of conspiracy, has fully cooperated with the investigation and prosecution of the crime by providing relevant information for the successful prosecution of other offenders.

(3) Where the prosecutor is of the view that the offer or acceptance of a plea bargain is in the interest of justice, the public interest, public policy and the need to prevent abuse of legal process, he may offer or accept the plea bargain.

(4) The prosecutor and the defendant or his legal practitioner may before the plea to the charge, enter into an agreement in respect of:
(a) the term of the plea bargain which may include the sen-tence recommended within the appropriate range of punishment stipulated for the offence or a plea of guilty by the defendant to the offence(s) charged or a lesser offence of which he may be convicted on the charge; and

(b) an appropriate sentence to be imposed by the court where the defendant is convicted of the offence to which he intends to plead guilty.

(5) The prosecutor may only enter into an agreement contemplated in subsection (3) of this section:
(a) after consultation with the police responsible for the investigation of the case and the victim or his representative, and

(b) with due regard to the nature of and circumstances relating to the offence, the defendant and public interest. Provided that in determining whether it is in the public interest to enter into a plea bargain, the prosecution shall weigh all relevant factors, including: (i)the defendant’s willingness to cooperate in the investigation or prosecution of others; (ii)the defendant’s history with respect to criminal activity; (iii)the defendant’s remorse or contrition and his willingness to assume responsibility for his conduct; (iv)the desirability of prompt and certain disposition of the case; (v)the likelihood of obtaining a conviction at trial, the probable effect on witnesses; (vi)the probable sentence or other consequences if the defendant is convicted; (vii)the need to avoid delay in the disposition of other pending cases; and (viii)the expense of trial and appeal. (ix)the defendant’s willingness to make restitution or pay compensation to the victim where appropriate.

(6) The prosecution shall afford the victim or his representative the opportunity to make representations to the prosecutor regarding:
(a) the content of the agreement; and

(b) the inclusion in the agreement of a compensation or restitution order.

(7) An agreement between the parties contemplated in subsection (3) shall be reduced to writing and shall:
(a) state that, before conclusion of the agreement, the defen¬dant has been informed: (i)that he has a right to remain silent; (ii)of the consequences of not remaining silent; (iii)that he is not obliged to make any confession or ad-mis¬sion that could be used in evidence against him

(b) state fully, the terms of the agreement and any admission made, and

(c) be signed by the prosecutor, the defendant, the legal practitioner and the interpreter, as the case may be.

(d) A copy of the agreement signed by the parties in paragraph (c) of subsection (6) of this section shall be forwarded to the Attorney-General of the Federation.

(8) The presiding judge or magistrate before whom the criminal proceedings are pending shall not participate in the discussion contemplated in subsection (3) of this section.

(9) Where a plea agreement is reached by the prosecution and the defence, the prosecutor shall inform the court that the parties have reached an agreement and the presiding judge or magistrate shall then inquire from the defendant to confirm the terms of the agreement.

(10) The presiding judge or magistrate shall ascertain whether the defendant admits the allegation in the charge to which he has pleaded guilty and whether he entered into the agreement voluntarily and without undue influence and may where:
(a) he is satisfied that the defendant is guilty of the offence to which he has pleaded guilty, convict the defendant on his plea of guilty to that offence, and shall award the compensation to the victim in accordance with the term of the agreement which shall be delivered by the court in accordance with section 308 of this Act; or

(b) he is for any reason of the opinion that the defendant cannot be convicted of the offence in respect of which the agreement was reached and to which the defendant has pleaded guilty or that the agreement is in conflict with the defendant’s right referred to in subsection (6) of this section, he shall record a plea of not guilty in respect of such charge and order that the trial proceed.

(11) Where a defendant has been convicted in terms of subsection (9) (a), the presiding judge or magistrate shall consider the sentence as agreed upon and where he is:
(a) satisfied that such sentence is an appropriate sentence, impose the sentence; or

(b) of the view that he would have imposed a lesser sentence than the sentence agreed, impose the lesser sentence; or

(c) of the view that the offence requires a heavier sen-tence than the sentence agreed upon, he shall inform the defendant of such heavier sentence he considers to be appropriate.

(12) The presiding Judge or Magistrate shall make an order that any money, asset or property agreed to be forfeited under the plea bargain shall be transferred to and vest in the victim or his representative or any other person as may be appropriate or reasonably feasible.

(13) Notwithstanding the provisions of the Sheriffs and Civil Process Act, the prosecutor shall take reasonable steps to ensure that any money, asset or property agreed to be forfeited or returned by the offender under a plea bargain are transferred to or vested in the victim, his representative or other person lawfully entitled to it.

(14) Any person who willfully and without just cause obstructs or impedes the vesting or transfer of any money, asset or property under this Act shall be guilty of an offence and liable to imprisonment for 7 years without an option of fine.

(15) Where the defendant has been informed of the heavier sentence as contemplated in subsection (11) (c) above, the defendant may:
(a) abide by his plea of guilty as agreed upon and agree that, subject to the defendant’s right to lead evidence and to present argument relevant to sentencing, the presiding judge or magistrate proceed with the sentencing, or

(b) withdraw from his plea agreement, in which event the trial shall proceed de novo before another presiding judge or magistrate, as the case may be.

(16) Where a trial proceeds as contemplated under subsection (15)(a) or de novo before another presiding judge, or magistrate, as contemplated in subsection (15) (b):
(a) no references shall be made to the agreement;

(b) no admission contained therein or statements relating thereto shall be admissible against the defendant; and

(c) the prosecutor and the defendant may not enter into a similar plea and sentence agreement.

(17) Where a person is convicted and sentenced under the provisions of subsection (1) of this section, he shall not be charged or tried again on the same facts for the greater offence earlier charged to which he had pleaded to a lesser offence.

(18) The judgment of the court contemplated in subsection 10(a) of this section shall be final and no appeal shall lie in any court against such judgment, except where fraud is alleged.

Section 271 Administration of Criminal Justice Act 2015

Plea to information or charge

(1) Before a defendant takes his plea, the court shall inform him of his rights under the provisions of section 269 of this Act.
(2) The defendant to be tried on a charge or an information shall be:
(a) brought before the court unfettered unless the court sees cause otherwise to order, and the charge or information shall be read over and explained to him to the satisfaction of the court by the registrar or other officer of the court; and

(b) called upon to plead instantly unless, where the person is entitled to service of the information, he objects to the non-service and where the court finds that he has not be been duly served.

(3) The court shall record the fact that it is satisfied that the defendant understands the charge or information read over and explained to him in the language he understands, and shall record the plea of the defendant to the charge or information as nearly as possible in the words used by him.

Section 272 Administration of Criminal Justice Act 2015

Proof of previous conviction

Where the fact of a previous conviction of a defendant is a fact in issue, the prosecution shall prove the same in accordance with the provisions of the Evidence Act.

Section 273 Administration of Criminal Justice Act 2015

Effect of plea of not guilty

A defendant who pleads not guilty shall be deemed to have put himself to trial.

Section 274 Administration of Criminal Justice Act 2015

Effect of plea of guilty

(1) Where a defendant pleads guilty to an offence with which he is charged, the court shall:
(a) record his plea as nearly as possible;

(b) invite the prosecution to state the fact of the case; and

(c) enquire from the defendant whether his plea of guilty is to the fact as stated by the prosecution.

(2) Where the court is satisfied that the defendant intends to admit the truth of all the essential elements of the offence for which he has pleaded guilty, the court shall convict and sentence him or make such order as may be necessary, unless there shall appear sufficient reason to the contrary.

(3) Where the defendant pleads guilty to a capital offence, a plea of not guilty shall be recorded for him.

Section 275 Administration of Criminal Justice Act 2015

Amending charge where defendant pleads guilty to offence not charged

Without prejudice to other provisions of this Act, where the defendant pleads guilty to an offence not contained in the charge or information on which he was arraigned, the court shall direct the prosecution to amend the charge or information accordingly to include the admitted offence, in which case, a fresh plea of the defendant shall be taken on the amended charge or information.

Section 276 Administration of Criminal Justice Act 2015

Failure to plead due to malice or otherwise

(1) Where the defendant, when called upon to plead remains silent or refuses to answer, the court shall enter a plea of not guilty on his behalf.

(2) A plea entered under subsection (1) of this section shall have the same effect as if the defendant actually pleaded to the charge.

(3) The court may inquire into the mental state of the defendant, and if the court is satisfied that the defendant is of sound mind, the court shall proceed with his trialThe court may inquire into the mental state of the defendant, and if the court is satisfied that the defendant is of sound mind, the court shall proceed with his trial.

(4) Where the court finds that the defendant is of unsound mind, the provisions of this Act in relation to persons of unsound mind shall apply.

Section 277 Administration of Criminal Justice Act 2015

Pleas: autrefois acquit or convict, pardon

(1) A defendant against whom a charge or information is filed may plead that:
(a) by virtue of section 238 of this Act he is not liable to be tried for the offence with which he is charged; or

(b) he has obtained a pardon for his offence.

(2) Where either of the pleas under subsection (1) of this section is raised in any case and denied to be true in fact, the court shall determine whether such plea is true in fact or not.

(3) Where the court holds that the facts alleged by the defendant do not prove the plea, or if it finds that it is false in fact, the defendant shall be required to plead to the charge or information.

(4) Nothing in this section shall prevent a defendant from pleading that, by virtue of some other provision of law, he is not liable to be prosecuted or tried for an offence with which he is charged.

Section 255-269 of the Administration of Criminal Justice Act 2015

Section 255 to 269 of the Administration of Criminal Justice Act 2015 is under PART 27 (EXAMINATION OF WITNESSES) of the Act.

Section 255 Administration of Criminal Justice Act 2015

Application of the Evidence Act

Subject to the provisions of any other law, the examination of witnesses shall be in accordance with the provisions of the Evidence Act.

Section 256 Administration of Criminal Justice Act 2015

Power to call or recall witnesses

The court may, at any stage of any trial, inquiry or other proceedings under this Act, either of its own motion or on application of either party to the proceeding call a person as a witness or recall and re-examine a person already examined where his evidence appears to the court to be essential to the just decision of the case.

Section 257 Administration of Criminal Justice Act 2015

Certificates of certain Government technical officers

A certificate signed by any of the officers named in section 55 of the Evidence Act, shall be admissible in evidence in accordance with the provisions of that Act.

Section 258 Administration of Criminal Justice Act 2015

Right of reply

In a case where the right of reply depends on the question whether evidence has been called for the defence, the fact that the defendant charged has been called as a witness shall not of itself confer on the prosecution the right of reply, but a law officer for the prosecution shall in all cases have the right of reply.

Section 259 Administration of Criminal Justice Act 2015

Public to have access to hearing

(1) Subject to the provisions of sections 232, 260 to 262 of this Act and of any other law specifically relating thereto, the room or place in which a trial is to take place under this Act shall be an open court to which the public generally may have access as far as it can conveniently contain them.

(2) Notwithstanding the provisions of subsection (1) of this section, the Judge or Magistrate presiding over a trial may, in his discretion and subject to the provisions of section 260 of this Act, exclude the public at any stage of the hearing on the grounds of public policy, decency or expedience.

(3) Where the court is sitting in a place other than in a building, the authority given in subsection (2) of this section to exclude the public shall be construed as being authority to prevent the public approaching so near to where the court is sitting, as in the opinion of the Judge or Magistrate, to be able to hear what is taking place at the trial or be able to communicate with a person allowed to be present.

Section 260 Administration of Criminal Justice Act 2015

Court may exclude certain persons while taking evidence of a child or young person

Where a person who, in the opinion of the court has not attained the age of eighteen is called as witness in any proceedings in relation to an offence against or any conduct contrary to decency or morality, the court may direct that all or any persons not being:
(a) members or officers of the court; or

(b) parties to the case, their legal representatives or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of such person.

Section 261 Administration of Criminal Justice Act 2015

Order under section 259 or 260 not to apply to press and certain others

(1) An order made under section 259 or 260 of this Act excluding the public from a court shall not unless specifically stated:
(a) authorise the exclusion of bona fide representatives of a newspaper or news agency; or

(b) apply to messengers, clerks and other persons required to attend the court for purposes connected with their employment.

(2) Where an order is made, the Court shall record the grounds on which the order is taken.

Section 262 Administration of Criminal Justice Act 2015

Prohibition on children being present in court during the trial of other persons

An infant, other than an infant in the arms of parent or guardian, or child shall not be permitted to be present in court during the trial of a defendant charged with an offence or during any proceedings preliminary to the trial:
(a) he is the defendant charged with the alleged offence; or

(b) his presence is required as a witness or otherwise for the purposes of justice in which event he may remain for so long as his presence is necessary.

Section 263 Administration of Criminal Justice Act 2015

Visit by court to locus

(1) Where it appears to the court that in the interest of justice, the court should have a view of any place, person or thing connected with the case, the court may, where the view relates to a place, either adjourn the court to that place and there continue the proceedings or adjourn the case and proceed to view the place, person or thing concerned.
(2) The defendant shall be present at the view of the place, person or thing concerned.
(3) At the locus, the court shall give directions as it may deem fit for the purpose of preventing communication between the witnesses and the defendant.
(4) A breach of a direction given under subsection (3) of this section shall not affect the validity of the proceedings unless the court otherwise directs.

Section 264 Administration of Criminal Justice Act 2015

Determination of age

(1) Where the age of a person is in issue in any criminal proceedings, the court may determine the question by taking into account one or both of the following:
(a) the apparent physical appearance of the person concerned;

(b) any evidence, in relation to the age of the person concerned, received by the court in accordance with the provisions of the Evidence Act, the Child Rights Act, or any other law in force.

(2) The evidence of a witness, who is not an expert within the meaning of section 68 of the Evidence Act, 2011, shall be admissible for the purpose of this section.

(3) An order or judgment of the court shall not be invalidated by any subsequent proof that the age of the person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of that person shall, for the purpose of this Act, be deemed to be the true age of that person.

Section 265 Administration of Criminal Justice Act 2015

Age in relation to offences

Where in a charge for an offence, it is alleged that the person by or in respect of whom the offence was committed was a child under or above a specified age, and he appears to the court to have been at the date of the commission of the alleged offence a child under or above the specified age, as the case may be, he shall, for the purposes of this Act, be presumed at that date to have been a child or to have been under or above that age, as the case may be, unless the contrary is proved.

Section 266 Administration of Criminal Justice Act 2015

Presence of defendant at trial

A defendant shall, subject to the provisions of Section 135 of this Act, be present in court during the whole of his trial unless:
(a) he misconducts himself in such a manner as to render his continuing presence impracticable or undesirable; or

(b) at the hearing of an interlocutory application.

Section 267 Administration of Criminal Justice Act 2015

Conduct of cases by legal practitioner for complainant or for defendant

(1) The complainant and defendant shall be entitled to conduct their cases by a legal practitioner or in person except in a trial for a capital offence or an offence punishable with life imprisonment.

(2) Where the defendant is in custody or on remand he shall be allowed access to his legal practitioner at all reasonable times.

(3) Where the defendant elects to defend himself in person, the court shall inform him of his rights within the trial and the consequences of his election.

(4) The Court shall ensure that the defendant is represented by counsel in capital offences provided that a defendant who refuses to be represented by counsel shall, after being informed under section 349 (6) of this Act of the risks of defending himself in person, be deemed to have elected to defend himself in person and this shall not be a ground to void the trial.

Section 268 Administration of Criminal Justice Act 2015

General control of prosecution by the Attorney-General

(1) Where a private legal practitioner prosecute on behalf of the Attorney-General of the Federation or a public officer prosecuting in his official capacity in any criminal proceedings, the private legal practitioner or public officer shall prosecute subject to such direction as may be given by the Attorney-General of the Federation.

(2) Where proceedings in respect of an offence is instituted by a police officer, it shall be in the name of the Inspector-General of Police, as the case may be.

(3) Where a proceeding in respect of an offence is instituted on behalf of the Attorney-General of the Federation, it shall be in the name of the Federal Republic of Nigeria.

(4) The Attorney-General of the Federation may delegate to the Attorney-General of a State the powers conferred on him by this section either generally or with respect to any offence or class of offences and such offence shall be prosecuted in the name of the Federal Republic of Nigeria.

(5) Such powers so delegated to the Attorney-General of a State may be exercised directly by him or any officer in his Ministry or department.

Section 269 Administration of Criminal Justice Act 2015

Position in court of person summoned

Where a defendant appears before a court on a summons, he may be required to enter the dock or to stand or sit adjacent to it, as may be directed by the court.

Section 251-254 of the Administration of Criminal Justice Act 2015

Section 251, 252, 253, and 254 of the Administration of Criminal Justice Act 2015 is under PART 26 (WITNESSES: EXPENSES) of the Act.

Section 251 Administration of Criminal Justice Act 2015

Expenses of witnesses for the prosecution

Where a person attends court as a state witness, the witness shall been titled to payment of such reasonable expenses as may be prescribed.

Section 252 Administration of Criminal Justice Act 2015

Expenses of witnesses for the defence

Where a person attends court as a witness to give evidence for the defence, the court may in its discretion on application order payment by the Registrar to such witness of court such sums of money, as it may deem reasonable and sufficient to compensate the witness for the expenses he reasonably incurred in attending the court.

Section 253 Administration of Criminal Justice Act 2015

Adjournment may be granted subject to witnesses costs

The court may permit, on application of a party for an adjournment of the proceedings, and in so doing, may order the party seeking the adjournment to pay to a witness present in court and whose evidence it has not been possible to take owing to the adjournment such sum in the amount payable to a witness in accordance with section 251 and 252 of this Act, or such sum as the court may fix.

Section 254 Administration of Criminal Justice Act 2015

Ascertainment of witnesses expenses

The amount of the expenses payable to a witness pursuant to sections 251 and 252 of this Act shall be processed and paid by the Registrar of the Court to the witness out of the relevant vote as appropriated by the Judiciary.

Section 241-250 of the Administration of Criminal Justice Act 2015

Section 241, 242, 243, 244, 245, 246, 247, 248, 249, and 250 of the Administration of Criminal Justice Act 2015 is under PART 25 (WITNESSES: COMPELLING ATTENDANCE AND TAKING OF OATH OR MAKING OF AFFIRMATION) of the Act.

Section 241 Administration of Criminal Justice Act 2015

Issue of summons for witness

(1) The court may, on an application of the prosecution or the defence, issue a summon or a writ of subpoena on a witness requiring him to attend court to give evidence in respect of the case, and to bring with him any specified documents or things and any other documents or thing relating to them which may be in his possession or power or under his control.

(2) Where the prosecutor is not a public officer the person to whom the summons is addressed is not bound to attend unless his traveling expenses are paid to him.

Section 242 Administration of Criminal Justice Act 2015

Service of summons and other processes on witnesses

(1) A court with criminal jurisdiction shall have a process server specifically assigned to it.

(2) The process server has the responsibility to effect due efficient service of witness summons, defendant’s production orders, writs and all other processes issued in the court in respect of all criminal matters.

(3) A summons shall be served on the person to whom it is directed in the same manner as is set out in section 122 or 123 of this Act or, with leave of the court, section 124 and sections 126 to 130 of this Act shall apply to the summons.

(4) Service of processes may be effected by registered reputable courier companies, recognized and authorised by the Chief Judge in accordance with the provisions of this Act, and the registered courier companies may be assigned to a court with criminal jurisdiction as a process server in accordance with subsection (1) of this section.

(5) The Attorney-General of the Federation or a person so authorized or the police, may serve on a person whom the prosecutor wishes to call as witness, a witness summons or writ of subpoena.

(6) Proof of service of a process or document shall be endorsed by the process server effecting the service, and shall be filed in the court’s file.

Section 243 Administration of Criminal Justice Act 2015

Warrant for witness after summons

Where a witness summoned to give evidence does not:
(a) attend court at the time and place indicated on the summons; and

(b) provide any reasonable excuse for his non-attendance, then after proof that the summons was duly served on him, or that the person to be served wilfully avoids service, the court may issue a warrant to arrest and bring him before the court.

Section 244 Administration of Criminal Justice Act 2015

Issue of warrant for witness

Where the court is satisfied in the first instance, by proof on oath, that a person likely to give material evidence, either for the prosecution or for the defence, will not attend to give evidence without being compelled to do so, then, instead of issuing a summons, it may issue a warrant for the arrest of the person.

Section 245 Administration of Criminal Justice Act 2015

Mode of dealing with witness arrested under warrant

(1) A witness arrested under a warrant shall, if practicable and where the hearing of the case for which his evidence is required is fixed for a time which is more than twenty-four hours after the arrest, be taken before a Magistrate, and the Magistrate:
(a) may, on the witness furnishing security by recognizance to the satisfaction of the Magistrate for his appearance at the hearing, order him to be released from custody; or

(b) shall, on the witness failing to furnish the security, order him to be detained for production at the hearing.

(2) The provisions of this Act relating to bail, summons and warrants in respect of the defendant shall apply to witnesses.
(3) A witness arrested or detained under this section shall not be kept in the same room or place as the defendant, if the defendant is in custody and the defendant shall not be allowed to make any contact with the witness.

Section 246 Administration of Criminal Justice Act 2015

Penalty on witnesses refusing to attend

(1) A witness who:
(a) refuses or neglects, without reasonable cause to attend court in compliance with the requirements of a summons duly served in the manner prescribed by law; or

(b) departs from the premises of the Court without the leave of the Judge or Magistrate hearing the case, is liable, on summary conviction, to a fine not exceeding ten thousand naira or to imprisonment for a term not exceeding two months.

(2) A complaint shall not be made for an offence under this section except by the order of the court made during the hearing of the case for which the evidence of the witness is required.

Section 247 Administration of Criminal Justice Act 2015

Non-attendance of witness on adjourned hearing

A witness who is present when the hearing or further hearing of a case is adjourned, or who has been duly notified of the time and place to which the hearing or further hearing is so adjourned, shall attend any subsequent hearing and if he defaults, he may be dealt with in the same manner as if he had refused or neglected to attend the court in obedience to a witness summons.

Section 248 Administration of Criminal Justice Act 2015

Persons in court may be required to give evidence though not summoned

A person present in court and compellable as a witness, whether a party or not, in a cause, may be compelled by a court to give evidence, and produce any document in his possession, or in his power, in the same manner and subject to the same rules as if he had been summoned to attend and give evidence, or to produce the document and may be punished in like manner for any refusal to obey the order of the court.

Section 249 Administration of Criminal Justice Act 2015

Manner of taking oath or affirmation

A witness shall take an oath or make a solemn affirmation in such a manner as the court considers binding on his conscience.

Section 250 Administration of Criminal Justice Act 2015

Witness refusing to be sworn, or produce documents

(1) When a person attending court and who is required to give evidence, without any sufficient excuse or reason:
(a) refuses to be sworn or to affirm as a witness;

(b) having been sworn or having taken affirmation refuses to answer any question put to him;

(c) refuses or neglects to produce any document or anything which he is required by the court to produce, the court may adjourn the hearing of the case and may in the meantime by warrant, commit the person to prison or other place of safe custody for a period not exceeding thirty days.

(2) Nothing in this section shall:
(a) affect the liability of the person to any other punishment for refusing or neglecting to do what is so required of him; or

(b) prevent the court from disposing of the case in the meantime according to any other sufficient evidence taken by it.

Section 238-240 of the Administration of Criminal Justice Act 2015

Section 238 to 240 of the Administration of Criminal Justice Act 2015 is under PART 24 (PREVIOUS ACQUITTALS OR CONVICTION) of the Act.

Section 238 Administration of Criminal Justice Act 2015

Defendant convicted or acquitted not to be tried again for same or kindred offence

(1) Without prejudice to section 226 of this Act, a defendant charged with an offence is not liable to be tried for that offence where it is shown that he has previously been:
(a) convicted or acquitted of the same offence by a competent court;

(b) convicted or acquitted by a competent court on a charge on which he might have been convicted of the offence charged; or

(c) convicted for or acquitted of an offence by a competent court other than the offence charged, being an offence for which, apart from this section, he might be convicted by virtue of being charged with the offence charged.

(2) Nothing in subsection (1) of this section shall prejudice the operation of a law giving power to a court, on an appeal, to set aside a verdict or finding of another court and order a re-trial.

Section 239 Administration of Criminal Justice Act 2015

A defendant may be tried again on separate charge in certain cases

A defendant acquitted or convicted of an offence may afterwards be tried for a distinct offence for which a separate charge might have been made against him on the previous trial under the provisions of section 211 of this Act.

Section 240 Administration of Criminal Justice Act 2015

Consequences supervening or not known at previous trial

A defendant acquitted or convicted of an offence constituted by an act or omission causing consequences which together with that act or omission constitute a different offence from that for which he was acquitted or convicted, may afterwards be tried for the last-mentioned offence if the consequences had not happened or were not known to the court to have happened at the time when he was acquitted or convicted when the consequences create the offence of murder or manslaughter.