Section 112 of the Administration of Criminal Justice Act 2015

Section 112 of the Administration of Criminal Justice Act 2015 is under PART 13 (FIRST INFORMATION REPORT) of the Act.

Procedure for receiving complaint and first information report

(1) Where a complaint is brought before a police officer in charge of a police station concerning the commission of an offence and is:
(a) one for which the police are authorised to arrest without a warrant, and

(b) triable by a magistrate court within which jurisdiction the police station is situated, the police shall if the complaint is made orally reduce the complaint or cause it to be reduced into writing in the Police Diary.

(2) The complaint, whether given in writing or orally must be reduced in writing into the Police Diary and read or cause to be read over to the complainant and every such complaint shall be signed by the officer receiving the complaint.

(3) where on any other ground the officer in charge of a police station has reason to suspect the commission of an offence referred to in subsection (1) he shall enter or cause to be entered the grounds of his suspicion in a Police Diary.

(4) Where the officer is satisfied that no public interest may be served by prosecuting, he may refuse to accept the complaint provided that he notifies the complainant of his right to complain to a court under section 109 (d) of this Act.

(5) Notwithstanding the provision of subsection (2) of this section the officer in charge of a police station may if in his view the matter might more conveniently be inquired into by an officer in charge of another police station, refer the complaint to such other police station.

(6) After complying with the provisions of subsection (3) of this section the officer in charge of the police shall act as follows:
(a) he shall forthwith proceed to the spot and investigate the case and if the suspect is not in custody take such steps as may be necessary for the discovery and arrestof the suspect or he may direct a police officer subordinate to him to do so and report to him;

(b) in cases involving death or serious injury to any person, the officer in charge of the police station shall arrange, if possible, for the person to be taken to the nearest hospital for such further examination as may be necessary;

(c) where the complaint is given against a person by name and the alleged offence is not of a serious character the officer in charge of a police need not make or direct investigation on the spot;

(d) in the cases mentioned in paragraph (c) of this subsection, the officer in charge of the police station shall record in the book referred to in subsection (2) and in the First Information Report to the court his reason for not entering on an investigation or for not making or directing investigation on the spot or not investigating the case.

(e) where after the investigation, it appears that the complaints against the suspect are unfounded, the investigation shall be terminated and this fact shall be recorded in the Police Diary mentioned in subsection (2) of this section.

(f) where the officer considers that the prosecution of the alleged offence will serve the public interest, the officer shall reduce the complaint into the prescribed form called First Information Report and the officer shall take the alleged suspect with the First Information Report before a magistrate within whose jurisdiction the police station is situated.

(7) Where the suspect appears or is brought before the court the particulars of the offence of which he is accused shall be read to him and he shall be asked if he has any cause to show why he should not be tried by the Magistrate.

(8) Where upon hearing the information the alleged suspect admits the commission of the offence contained in the First Information Report, his admission shall be recorded as near as possible in the words used by him and if he shows no sufficient cause why he should not be convicted the court may convict him accordingly and in that case it shall not be necessary to frame a formal charge.

(9) Where the suspect denies the allegation against him and states that he intends to show cause why he should not be convicted, the court shall proceed to hear the complainant and take such evidence as may be produced in support of the prosecution. The suspect shall be at liberty to cross-examine the witnesses for the prosecution and if he so does, the prosecutor may re-examine the witnesses where necessary.

(10) Where the evidence referred to in subsection (9) of this section has been taken or at any stage of the case, the court is of the opinion that there is ground that the suspect has committed an offence triable under this part, which such court is competent to try and which in the opinion of the Court could be adequately punished, the court shall frame a charge stating the offence for which the suspect will either be tried by the court or direct that the suspect be tried in another Magistrate court.

(11) Where in the proceeding before a magistrate court, the court at any stage before judgment, is of the opinion that the case is one which ought to be tried by the High Court, he shall transfer the case along with the suspect to a High Court for trial upon a charge or information in accordance with the provisions of this Act.

Section 109-111 of the Administration of Criminal Justice Act 2015

Section 109, 110, and 111, of the Administration of Criminal Justice Act 2015 is under PART 12 (INSTITUTION OF PROCEEDINGS) of the Act.

Section 109 Administration of Criminal Justice Act 2015

Different methods of instituting criminal proceedings

Subject to the provisions of any other Law, criminal proceedings may in accordance with the provisions of this Act be instituted:
(a)
in a Magistrates court, by a charge or a complaint whether or not on oath or upon receiving a First Information Report

(b) in the High Court, by information of the Attorney-General of the Federation, subject to section 104 of this Act;

(c) by information or charge filed in the court after the defendant has been summarily committed for perjury by a court under the provisions of this Act;

(d) by information or charge filed in the court by any other prosecuting authority;

(e) by information or charge filed by a private prosecutor subject to the provision of this Act.

Section 110 Administration of Criminal Justice Act 2015

Mode of instituting criminal proceedings in a Magistrates courts

(1) Criminal proceedings instituted in a Magistrate court may be:
(a) by bringing a suspect arrested without a warrant before the court on a charge contained in a charge sheet specifying the name, address, age, sex and occupation of the suspect charged, the charge against him and the time and place where the offence is alleged to have been committed; and the charge sheets shall be signed by any of the persons mentioned in section 106 of this Act; or

(b) upon receiving a First Information Report for the commission of an offence for which the police are authorised to arrest without a warrant and which may be tried by the court within the jurisdiction where the police station is situate, the particulars in the report shall disclose the offence for which the complaint is brought and shall be signed by the police officer in charge of the case; or

(c) subject to the provision of section 89 of this Act, by complaint to the court, whether or not on oath, that an offence has been committed by a suspect whose presence the Magistrate has power to compel, and an application to the Magistrate, in the manner set out in this section for the issue of either a summons directed to, or a warrant to arrest, the suspect.

(2) The charge sheet filed by the prosecution shall be served on the defendant within seven days of its being filed or such time as the court may allow.

(3) The trial of a charge preferred under subsection (1) paragraphs (a) and (b) of this section shall commence not later than thirty days from the date of filing the charge, and the trial of the person brought under the charge shall be completed within a reasonable time.

(4) Where a charge is preferred under subsection (1) paragraphs (a) and (b) of this section and the trial does not commence within thirty days of bringing the charge, or trial has commenced but has not been completed after one hundred and eighty daysof arraignment on that charge, the Court shall forward to the Chief Judge the particulars of the charge and reasons for failure to commence the trial or to complete the trial.

(5) A Court seized of criminal proceedings shall make quarterly returns of the particulars of all cases, including charges, remand and other proceedings commenced and dealt with in his Court within the quarter, to the Chief Judge.

(6) In reviewing the returns made by a Court under subsections (4) and (5) of this section, the Chief Judge shall have regard to the need to ensure that:
(a) criminal matters are speedily dealt with;

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

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

(d) persons awaiting trial are, as far as possible, not detained in prison custody for a length of time beyond that prescribed in section 293 of this Act.

(7) The Administration of Criminal Justice Monitoring Committee, shall have power to consider all returns made to the Chief Judge under subsections (4) and (5) of this section for the purpose of ensuring expeditious disposal of cases, and the National Human Rights Commission set up under the National Human Rights Commission Act shall have access to the returns on request to the Chief Judge.

Section 111 Administration of Criminal Justice Act 2015

Returns by Comptroller-General of Prisons

(1) The Comptroller-General of Prisons shall make return every ninety days to the Chief Judge of the Federal High Court, Chief Judge of the Federal Capital Territory, the Chief Judge of the State in which the prison is situated and to the Attorney-General of the Federation of all persons awaiting trial held in custody in Nigerian Prisons for a period beyond 180 days from the date of arraignment.

(2) The returns referred to in subsection (1) of this section shall be in a prescribed form and shall include:
(a) the name of the suspect held in custody or Awaiting Trial Persons,

(b) passport photograph of the suspect;

(c) the date of his arraignment or remand;

(d) the date of his admission to custody;

(e) the particulars of the offence with which he was charged;

(f) the courts before which he was arraigned

(g) name of the prosecuting agency; and

(h) any other relevant information.

(3) Upon receipt of such return, the recipient shall take such steps as are necessary to address the issues raised in the return in furtherance of the objectives of this Act.

Section 107-108 of the Administration of Criminal Justice Act 2015

Section 107 and 108 of the Administration of Criminal Justice Act 2015 is under PART 11 (CONTROL OF CRIMINAL PROCEEDINGS BY THE ATTORNEY-GENERAL) of the Act.

Section 107 Administration of Criminal Justice Act 2015

Discontinuance of criminal cases

(1) In any criminal proceeding for an offence created by an Act of the National Assembly, and at any stage of the proceeding before judgment, the Attorney-General of the Federation may discontinue the proceedings either by stating in court or informing the court in writing that the Attorney-General of the Federation intends that the proceedings shall not continue and based on the notice the suspect shall immediately be discharged in respect of the charge or information for which the discontinuance is entered.
(2) Where the suspect:
(a) has been committed to prison, he shall be released; or

(b) is on bail, the recognizance shall be discharged.

(3) Where the suspect is not:
(a) before the court when the discontinuance is entered, the registrar or other proper officer of the court shall immediately cause notice in writing of the entry of the discontinuance to be given to the officer in charge of the prison or other place in which the suspect may be detained and the notice shall be sufficient authority to discharge the suspect; or

(b) in custody the court shall immediately cause notice in writing to be given to the suspect and his sureties and shall in either case cause a similar notice in writing to be given to any witnesses bound over to prosecute.

(4) Where discontinuance is entered in accordance with the provisions of this section, the discharge of a suspect shall not operate as a bar to any subsequent proceedings against him on account of the same facts.

Section 108 Administration of Criminal Justice Act 2015

Withdrawals from prosecution in trials and inquiries before a court

(1) In any trial or proceedings before a court, a prosecutor, may, or on the instruction of the Attorney-General of the Federation, in case of offence against an Act of the National Assembly, may, at any stage before judgment is pronounced withdraw the charge against any defendant either generally or in respect of one or more of the offences with which the defendant is charged.

(2) On the withdrawal, where it is made:
(a) before the defendant is called upon to make his defence, he shall be discharged of the offence,

(b) after the defendant is called upon to make his defence, he shall be acquitted of the offence.

(3) In any trial before a court in which the prosecutor withdraws in respect of the prosecution of an offence before the defendant is called upon to make his defence, the court may in its discretion order the defendant to be acquitted if it is satisfied on the merits of the case that the order is a proper one, and when an order of acquittal is made, the court shall endorse its reasons for making the order on the record.

(4) Where a private prosecutor withdraws from a prosecution for an offence under the provisions of this section, the court may, in its discretion, award costs against the prosecutor.

(5) A discharge of a defendant under this section does not operate as a bar to subsequent proceedings against him on account of the same facts, except as otherwise provided under this section.

Section 104-106 of the Administration of Criminal Justice Act 2015

Section 104, 105, and 106 of the Administration of Criminal Justice Act 2015 is under PART 10 (POWERS OF THE ATTORNEY-GENERAL) of the Act.

Section 104 Administration of Criminal Justice Act 2015

Information by the Attorney-General

(1) The Attorney-General of the Federation may prefer information in any court in respect of an offence created by an Act of the National Assembly.
(2) The Attorney-General of the Federation may authorize any other person to exercise any or all the powers conferred on him under this section.

Section 105 Administration of Criminal Justice Act 2015

Issuance of legal advice and other directives to police

(1) The Attorney-General of the Federation may issue legal advice or such other directive to the Police or any other law enforcement agency in respect of an offence created by an Act of the National Assembly.

(2) Where any proceeding is pending in respect of the offence for which legal advice or other direction referred to in subsection (1) of this section is given, a copy of the legal advice or direction shall be forwarded by the Attorney General of the Federation or Director of Public Prosecutions to the court before whom the proceeding is pending.

(3) The Attorney-General of the Federation may request from the Police or any other agency for the case file in any matter in respect of an offence created by an Act of the National Assembly and the Police or other agency shall immediately send the case file as requested.

Section 106 Administration of Criminal Justice Act 2015

Prosecution of offences

Subject to the provisions of the Constitution, relating to the powers of prosecution by the Attorney-General of the Federation, prosecution of all offences in any court shall be undertaken by:
(a) the Attorney-General of the Federation or a Law Officer in his Ministry or Department;

(b) a legal practitioner authorised by the Attorney- General of the Federation;

(c) a legal practitioner authorized to prosecute by this Act or any other Act of the National Assembly.

Section 93-103 of the Administration of Criminal Justice Act 2015

Section 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, and 103 of the Administration of Criminal Justice Act 2015 is under PART 9 (PLACE OF TRIAL OR INQUIRY) of the Act.

Section 93 Administration of Criminal Justice Act 2015

Venue generally

(1) An offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction:
(a) the offence was wholly or in part committed, or some act forming part of the offence was done;

(b) the consequence of the offence has ensued;

(c) an offence was committed by reference to which the offence is denied; or

(d) a person against whom, or property in respect of which, the offence was committed is found, having been transported there by the suspect or by a person knowing of the offence.

(2) A criminal charge shall be filed and tried in the division where the alleged offence was committed unless it can be shown that it is convenient to do otherwise for security reasons

(3) The Commissioner of Police shall ensure that one or more armed policemen are posted to provide security during every criminal trial.

Section 94 Administration of Criminal Justice Act 2015

Offence at sea or outside of Nigeria

An offence committed at sea or outside the territory of Nigeria, may be tried or inquired into at any place in Nigeria to which the suspect is first brought, or to which he may be taken thereafter.

Section 95 Administration of Criminal Justice Act 2015

Offence committed on a journey

An offence committed while the suspect is in the course of performing a journey or voyage may be tried or inquired into by a court in the State or division or district of whose jurisdiction the suspect or the person against whom or the thing in respect of which the offence was committed resides, is or passed in the course of that journey or voyage.

Section 96 Administration of Criminal Justice Act 2015

Offence commenced and completed in different States

Where an offence:
(a) is commenced in a State and completed in another State; or

(b) is completed in the Federal Capital Territory, Abuja after being commenced in another State,

the suspect may be dealt with, tried and punished as if the offence had been actually or wholly committed in any of the States, or Federal Capital Territory, Abuja.

Section 97 Administration of Criminal Justice Act 2015

Chief Judge to decide question as to court of inquiry or place of trial

Where a question arises as to which of two or more courts in the Federal Capital Territory, Abuja ought to inquire into or try any offence it shall be decided by the Chief Judge of the Federal Capital Territory, Abuja.

Section 98 Administration of Criminal Justice Act 2015

Chief Judge may transfer a case

(1) The Chief Judge of a High Court may, where it appears to him that the transfer of a case will promote the ends of justice or will be in the interests of the public peace, transfer any case from one court to another:

(2) The power of the Chief Judge referred to in subsection (1) of this section shall not be exercised where the prosecution has called witnesses.

(3) Where the Chief Judge is to exercise this power subsequent to a petition, the Chief Judge shall cause the petition to be investigated by an independent body of not more than three reputable legal practitioners within one week of receipt of such petition.

(4) The investigating body shall submit its report within two weeks of appointment except otherwise specified.

Section 99 Administration of Criminal Justice Act 2015

When cases may be remitted to another court

(1) A court before which a person charged with having committed an offence is brought shall where:
(a) the offence ought to be properly inquired into or tried by another court; or

(b) in the opinion of the court the offence might more conveniently be inquired into or tried by another court, within a reasonable period not exceeding 7 days, send the case and all processes relating to the case to the head of court for re-assignment to that other court, and where appropriate, remand the suspect charged in custody or require him to give security for his attendance before that other court to answer the charges and to be dealt with accordingly.

Section 100 Administration of Criminal Justice Act 2015

Removal under warrant

(1) Where a suspect is to be remanded in custody, a warrant shall be issued by the remitting court and that warrant shall be sufficient authority to any person to whom it is directed to:
(a) receive and detain the suspect named in the warrant; and

(b) produce him to the court to which the suspect charged is remitted.

(2) The person to whom the warrant is directed shall execute it according to its terms without any delay.

Section 101 Administration of Criminal Justice Act 2015

Transfer of case where cause of complaint has arisen out of jurisdiction of court

Where a suspect is:
(a) in custody and the court directing a transfer thinks it expedient that the custody should be continued; or

(b) not in custody, that he should be placed in custody, the court shall, by its warrant, commit the suspect to prison, subject to such security as it may deem appropriate in the circumstances, until he can be taken before a court wherein the cause of complaint arose.

Section 102 Administration of Criminal Justice Act 2015

Court may assume jurisdiction under certain conditions

(1) Notwithstanding the provisions of sections 93 and 98 of this Act, a Judge or Magistrate of a division or district in which a suspect:
(a) is arrested and charged with an offence, alleged to have been committed in another division or district;

(b) is in custody on the charge; or

(c) has appeared in answer to summons lawfully issued charging the offence, may where he considers that justice would be better served and having regards to the accessibility and convenience of the witnesses, proceed to hear the charge, try and punish the suspect as if the offence had been committed in the division or district.

(2) The offence referred in subsection (1) of this section shall for all purposes be deemed to have been committed in that division or district.

Section 103 Administration of Criminal Justice Act 2015

Assumption of jurisdiction after commencement of proceedings

Where a case is commenced in any other division or district than that in which it ought to have been commenced, the court may assume jurisdiction in accordance with the provisions of section 101 of this Act and all acts performed and all decisions given by the court during the trial or any other proceedings shall be deemed to be valid in all respect as if the jurisdiction had been assumed prior to the performance of the acts and the giving of the decisions.

Section 86-92 of the Administration of Criminal Justice Act 2015

Section 86, 87, 88, 89, 90, 91, and 92 of the Administration of Criminal Justice Act 2015 is under PART 8 (PROVISIONS RELATING TO CRIMINAL TRIALS AND INQUIRIES IN GENERAL) of the Act.

Section 86 Administration of Criminal Justice Act 2015

Application of part 8

The provisions of this Part and Parts 9 to 30 of this Act shall apply to all criminal trials and proceedings unless express provision is made in respect of any particular court or form of trial or proceeding.

Section 87 Administration of Criminal Justice Act 2015

General authority to bring suspect before courts

A court has authority to compel the attendance before it of a suspect who is within the jurisdiction and is charged with an offence committed within the State, Federation or the Federal Capital Territory, Abuja, as the case may be, or which according to law may be dealt with as if the offence had been committed within the jurisdiction and to deal with the suspect according to law.

Section 88 Administration of Criminal Justice Act 2015

Right of making complaint

(1) A person may make a complaint against any other person alleged to have committed or to be committing an offence.

(2) Notwithstanding anything to the contrary contained in any other law, a police officer may make a complaint in a case of assault even though the party aggrieved declines or refuses to make a complaint.

Section 89 Administration of Criminal Justice Act 2015

Form of complaint

(1) It is not necessary that a complaint shall be in writing, unless it is required to be so by the law on which it is founded, or by some other law, and where a complaint is not made in writing, the court or registrar shall reduce it into writing.
(2) Subject to the provisions of section 54 of this Act, a complaint may unless some law otherwise requires, be made without oath.
(3) A complaint may be made by the complainant in person, or by a legal practitioner representing him, or by any person authorized in writing in that behalf.
(4) A complaint shall be for one offence only, but the complaint shall not be avoided by describing the offence, or any material act relating to it in alternative words according to the language of the law constituting such offence.
(5) All complaints made to the court directly under this section shall first be referred to the police for investigation before any action is taken by the court.

Section 90 Administration of Criminal Justice Act 2015

Form of documents in criminal proceedings

A complaint, summons, warrant or any other document laid, issued or made for the purpose of or in connection with any proceedings before a court for an offence, shall be sufficient if it contains a statement of the specific offence with which the suspect is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.

Section 91 Administration of Criminal Justice Act 2015

Rule as to statement of exception

An exception, an exemption, a proviso, a condition, an excuse, or a qualification, whether it does or does not in any enactment creating an offence accompany in the same section the description of the offence, may be proved by the defendant, but need not be specified or refuted in the complaint, and where so specified or refuted, no proof in relation to the matter so specified or refuted shall be required on the part of the complainant.

Section 92 Administration of Criminal Justice Act 2015

Limitation of period for making a private complaint

In every case where no time is specially limited for making a complaint for a summary conviction offence in the law relating to such offence, such complaint if made other than by a person in his official capacity shall be made within six years from the time when the matter of such complaint arose, and not after.

Section 80-85 of the Administration of Criminal Justice Act 2015

Section 80, 81, 82, 83, 84, and 85 of the Administration of Criminal Justice Act 2015 is under PART 7 (ATTACHMENT WHERE A PERSON DISOBEYS SUMMONS OR WARRANT) of the Act.

Section 80 Administration of Criminal Justice Act 2015

Attachment of property of suspect absconding

A Judge or a Magistrate may, at any time after action has been taken under section 41 of this Act or on an application made in that regard after summons or warrant has been issued but disobeyed, order the attachment of any property, movable or immovable or both, belonging to a suspect the subject of the public summons or warrant.

Section 81 Administration of Criminal Justice Act 2015

Order to attach property

(1) An order under section 80 of this Act shall authorize a public officer named in it to attach any property belonging to a suspect named in the order as the owner of the property within the area of jurisdiction of the Judge or Magistrate by seizure or in any other manner by which for the time being the property may be attached by way of civil process.

(2) Where, a suspect who is the subject of an order does not appear within the time specified in the public summons, the property under attachment shall be at the disposal of the court.

(3) Any property under attachment shall not be sold until the expiration of three months from the date of the attachment unless it is subject to speedy decay or the Judge or Magistrate considers that the sale would be for the benefit of the owner, in either of which cases the Judge or Magistrate may cause it to be sold whenever he thinks fit.

Section 82 Administration of Criminal Justice Act 2015

Restoration of attached property

(1) Where within one year from the date of the attachment, a suspect, whose property is or has been at the disposal of the Court under section 80 of this Act, appears voluntarily or being arrested is brought before the Court and proves to its satisfaction that he:
(a) did not abscond or conceal himself for the purpose of avoiding execution of the warrant; and

(b) had no notice of the public summons or warrant as to enable him to attend within the time specified therein,that property, so far as it has not been sold, and the net proceeds of any part of it which has been sold shall, after satisfying from the proceeds all costs incurred in consequence of the attachment, be delivered to him.

(2) Where after one year from the date of attachment, the suspect whose property is attached or has been at the disposal of the court does not appear voluntarily, the property or the net proceed of its sale shall be forfeited to the Federal or State Government as the case may be.

Section 83 Administration of Criminal Justice Act 2015

Issue of warrant in lieu of or in addition to summons

(1) A court or Justice of the Peace empowered by this Act to issue a summons for the appearance of a suspect may, after recording reasons in writing, issue a warrant for his arrest in addition to or instead of the summons where:
(a) whether before or after the issue of the summons, the court or Justice of the Peace sees reason to believe that the suspect has absconded or will not obey the summons; or

(b) at the time fixed for his appearance, the suspect fails to appear and the summons is proved to have been duly served in time to allow for his appearance and no reasonable excuse is offered for his failure to appear.

(2) A court or Justice of the Peace empowered by this Act to issue a warrant for the arrest of a suspect may issue a summons in place of a warrant where he thinks fit.

Section 84 Administration of Criminal Justice Act 2015

Power to take bond for appearance

Where a suspect for whose appearance or arrest a summons or warrant may be issued is present before a court or Justice of the Peace, the court or Justice of the Peace may require him to execute a bond, with or without sureties, for his appearance before a court.

Section 85 Administration of Criminal Justice Act 2015

Provisions of this chapter generally applicable to summons and warrant

The provisions contained in this Part relating to summonses and warrants and their issue, service and execution shall, so far as may be, apply to every summons and every warrant issued under this Act.

Section 72-79 of the Administration of Criminal Justice Act 2015

Section 72, 73, 74, 75, 76, 77, 78, 79 of the Administration of Criminal Justice Act 2015 is under PART 6 (PUBLIC NUISANCE) of the Act.

Section 72 Administration of Criminal Justice Act 2015

Conditional order for removal of nuisance

Where a court considers, on receiving a police report or other information and on taking such evidence, if any, as it deems fit, that an offence relating to public nuisance is being committed, the court may make a conditional order requiring the suspect:

(a) within a time fixed in the order to cease committing the offence and to amend or remove the cause of the nuisance in such manner as is specified in the order; or

(b) to appear before the court at a time and place to be fixed by the order and apply to have the order set aside or modified in manner hereinafter provided.

Section 73 Administration of Criminal Justice Act 2015

Service of order

(1) An order made under section 72 of this Act shall if practicable be served on the suspect against whom it is made in manner provided for the service of a summons.

(2) Where an order referred to in subsection (1) cannot be served in the manner laid down in that subsection, it may be served by registered letter through the post, addressed to the suspect against whom it is made at his last known address or, where his last address is not known, then by affixing a notice in some conspicuous place in the town or village or near which the nuisance or offence is being committed.

Section 74 Administration of Criminal Justice Act 2015

Suspect to whom order is addressed to obey or appear before court

A suspect against whom an order under section 72 of this Act is made shall:
(a) perform, within the time and in the manner specified in the order, the act directed by the order; or

(b) appear in accordance with the order and apply to have the order set aside or modified.

Section 75 Administration of Criminal Justice Act 2015

Consequences of failure to obey order or to appear

Where a suspect against whom an order under section 72 of this Act is made does not perform the act specified in the order or appear and apply to have the order set aside or modified, he is liable, where the act:
(a) offends public safety, to a fine of not less than N100,000.00 for individual and not less than N1,000,000.00 in case of a corporate body or imprisonment for a term of six months; or

(b) threatens human life, to a fine of not less than N200,000.00 for individual and not less than N2,000,000.00 in case of a corporate body or imprisonment for a term of 12 months.

Section 76 Administration of Criminal Justice Act 2015

Procedure where suspect appears

(1) Where a suspect against whom an order under section 72 of this Act is made to appear and applies to have the order set aside or modified, the court shall take evidence in the matter in the same manner as in a summary trial.

(2) Where the court is:
(a) satisfied that the order, with or without modification, is reasonable and proper, the court shall make it absolute with such modification, if any, as the court thinks fit; and

(b) not satisfied, it shall cancel the order.

Section 77 Administration of Criminal Justice Act 2015

Consequences of disobedience to order made absolute

Where the acts directed by an order under section 72 of this Act which is made absolute under sections 75 or 76(2)(a) of this Act is not performed within the time fixed and in the manner specified in the order, the court may cause it to be performed and may recover the cost of performing it either by:
(a) the sale of any building, goods or other property removed by its order; or

(b) seizure and sale of any other movable property of the person against whom the order under section 72 of this Act was made in manner prescribed in this Act for the recovery of a fine.

Section 78 Administration of Criminal Justice Act 2015

Order pending inquiry

(1) Where the court making an order under section 72 of this Act considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, it may issue such further order to the suspect against whom the order was made as is required to obviate or prevent the danger or injury pending the determination of the matter.

(2) In default of the suspect referred to in subsection (1) of this section immediately disobeying the further order referred to in that subsection or if notice of the order cannot, by the exercise of due diligence, be served on him immediately, the court may use or cause to be used such means as it thinks fit to obviate the danger or to prevent the injury.

Section 79 Administration of Criminal Justice Act 2015

Prohibition of repetition or continuance of nuisance

A court may, in any proceedings under this Part or in any criminal proceedings in respect of a public nuisance, order any suspect not to repeat or continue the public nuisance.

Section 65-71 of the Administration of Criminal Justice Act 2015

Section 65, 66, 67, 68, 69, 70, 71 of the Administration of Criminal Justice Act 2015 is under PART 5 (PROCEEDING IN ALL CASES SUBSEQUENT TO ORDER TO FURNISH SECURITY) of the Act.

Section 65 Administration of Criminal Justice Act 2015

Commencement of period for which security is required

(1) Where a suspect in respect of whom an order requiring security is made under section 57 of this Act is, at the time the order is made, sentenced to or undergoing a sentence of imprisonment, the period for which the security is required shall commence on the expiration of the sentence.

(2) In other case, the period shall commence on the date of the order unless the Court, for sufficient reason, fixes a later date.

Section 66 Administration of Criminal Justice Act 2015

Conditions of recognizance

The recognizance to be entered into by a suspect under section 57 of this Act, shall bind him to keep the peace or be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the aiding, abetting, counseling, or procuring the commission, anywhere within Nigeria, of an offence punishable with imprisonment, wherever it may be committed, any time during the continuance of the recognizance, shall be a breach of the recognizance.

Section 67 Administration of Criminal Justice Act 2015

Power to reject sureties

A Court may refuse to accept a surety offered under any of the preceding sections on the ground that, for reasons to be recorded by the Court, the surety is an unfit person.

Section 68 Administration of Criminal Justice Act 2015

Procedure on failure of suspect to give security

(1) Where a suspect ordered to give security does not give the security on or before the date on which the period for which the security is to be given commences, he shall, except in the case mentioned in subsection (2) of this section, be committed to prison until the period expires or until within the period he gives the security to the Court that made the order requiring it.

(2) Where a suspect has been ordered by a Magistrate to give security for a period exceeding one year, the Magistrate shall, where the suspect does not give the security so ordered, issue a warrant directing him to be detained in prison pending the orders of the High Court, and the proceedings shall be laid before the Court as soon as practicable.

(3) The High Court, after examining the proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, may make such order in the case as it deems fit.

(4) The period, if any, for which a suspect is imprisoned for failure to give security in any specified amount shall not exceed the term prescribed in respect of a like sum in the scale of imprisonment set out inthe Fourth Schedule to this Act.

(5) Where the security is tendered to the officer in charge of the prison, he shall immediately refer the matter to the Court that made the order and the Court shall forthwith order the release of the suspect.

Section 69 Administration of Criminal Justice Act 2015

Power to release suspect imprisoned for failure to give security

Where a Court is of the opinion that a suspect imprisoned for failing to give security may be released without hazard to the community, the Court may, if he deems fit, order the suspect to be discharged.

Section 70 Administration of Criminal Justice Act 2015

Power of High Court to cancel recognizance

The High Court may at any time, for sufficient reasons to be recorded in writing, cancel any recognizance for keeping the peace or for good behaviour executed under any of the preceding sections by order of any lower court.

Section 71 Administration of Criminal Justice Act 2015

Discharge of sureties

(1) A surety for the peaceable conduct or good behaviour of another suspect may at any time apply to a Court to discharge a recognizance executed under any of the preceding sections within the district or division to which the Court is assigned.

(2) On an application being made, the Magistrate shall, if satisfied there is good reason for the application, issue such summons or warrant, as he thinks fit, requiring the suspect for whom the surety is bound to appear or to be brought before him.

(3) where the suspect appears or is brought before a Magistrate, the Magistrate after hearing the suspect may discharge the recognizance and order the suspectto give, for the unexpired portion of the term of the recognizance, fresh security for the unexpired portion of the same description as the original security.

(4) An order made under subsection (3) of this section shall, for the purposes of sections 65, 66, 67 and 68 of this Act, be deemed to be an order under section 57 of this Act.

Section 50-64 of the Administration of Criminal Justice Act 2015

Section 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, and 64 of the Administration of Criminal Justice Act 2015 is under PART 5 (PREVENTION OF OFFENCES AND SECURITY FOR GOOD BEHAVIOUR) of the Act.

Section 50 Administration of Criminal Justice Act 2015

Police to prevent offences and injury to public property

(1) A police officer may intervene for the purpose of preventing, and shall to the best of his ability, prevent the commission of an offence.
(2) A police officer may of his authority interpose to prevent an injury attempted to be committed in his presence to any public property, whether movable or immovable, or the removal of or injury to any public landmark or buoy or other mark used for navigation.

Section 51 Administration of Criminal Justice Act 2015

Information of design to commit offences

A police officer receiving information of a design to commit any offence shall communicate the information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of the offence.

Section 52 Administration of Criminal Justice Act 2015

Arrest by police to prevent offences

Notwithstanding the provisions of this Act or any other law relating to arrest, a police officer upon a reasonable suspicion of a design to commit an offence may arrest, without orders from a Magistrate and without a warrant, the suspect so designing, if it appears to the officer that the commission of the offence cannot otherwise be prevented.

Section 53 Administration of Criminal Justice Act 2015

Prevention by other public officers of offences and injury to public property

(1) A Judge, Magistrate, or any other public officer charged with responsibility for maintaining law and order may intervene for the purpose of preventing and shall to the best of his ability prevent the commission of an offence, for which he is authorised to arrest without a warrant or any damage to any public property, movable or immovable.

(2) A person is bound to assist a Judge or Magistrate or police officer or any other public officer reasonably demanding his aid:
(a) in preventing, and shall to the best of his ability prevent the commission of an offence for which he is authorised to arrest without a warrant or any damage to any public property, movable or immovable;

(b) in the suppression of a breach of the peace or in the prevention of any damage to any property, movable or immovable or to any railway, canal, water supply, telecommunication system, oil pipeline or oil installation, or electrical installation; or

(c) in the prevention of the removal of any public landmark, buoy or other mark used for navigation.

Section 54 Administration of Criminal Justice Act 2015

Power of Magistrate to Require Execution of Recognizance for keeping peace

(1) Where a Magistrate is informed on oath that a suspect is likely to:
(a) commit a breach of the peace or disturb the public tranquility; or

(b)
do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility,

the Magistrate may in the manner provided in this Part, require the suspect to show cause why he should not be ordered to enter into a recognizance, with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate deems fit.

(2) Proceeding shall not be taken under this section unless the suspect is:
(a) in the Federal Capital Territory, Abuja and

(b) subject of the information under subsection (1) of this section within the jurisdiction of the Magistrate, or the place where the breach of the peace or disturbance has occurred or where the suspect is, is within the jurisdiction of the Magistrate.

Section 55 Administration of Criminal Justice Act 2015

Security for good behaviour for suspected persons

Where a Magistrate is informed on oath that:
(a) a suspect is taking precautions to conceal his presence within the local limits of the Magistrate’s jurisdiction; and

(b) there is reason to believe that the suspect is taking the precautions with a view to committing an offence, the Magistrate may, in the manner provided in this Part, require the suspect to show cause why he should not be ordered to enter into a recognizance, with sureties, for his good behaviour for such period, not exceeding 1 year, as the Magistrate deems fit.

Section 56 Administration of Criminal Justice Act 2015

Security for good behaviour for habitual offenders

Where a Magistrate is informed on oath that a suspect within the local limits of his jurisdiction:
(a) is by habit an armed robber, a housebreaker, or a thief;

(b) is by habit a receiver of stolen property, knowing the same to have been stolen;

(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or

(d) habitually commits or attempts to commit, or aids or abets the commission of any offences relating to property.

(e) habitually commits or attempts to commit, or aids or abets in the commission of, offence involving a breach of the peace; or

(f) is so desperate or dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in manner provided in this Act, require such suspect to show cause why he should not be ordered to enter into a recognizance, with sureties, for his good behaviour for such period, not exceeding 3 years, as the Magistrate deems fit.

Section 57 Administration of Criminal Justice Act 2015

Order to be made

Where a Magistrate acting under sections 54, 55 or 56 of this Act considers it necessary to require a suspect to show cause under the section, he shall make an order in writing setting out:
(a) the substance of the information received;

(b) the amount of the recognizance to be executed;

(c) the term for which it is to be in force; and

(d) the number, character, and class of sureties, if any, required.

Section 58 Administration of Criminal Justice Act 2015

Procedure in respect of suspect present in court

Where the suspect in respect of whom an order is made is present in court, it shall be read over to him or, if he so desires, the substance of the information shall be explained to him.

Section 59 Administration of Criminal Justice Act 2015

Summons or warrant in case of suspect not present

(1) Where the suspect is not present in court, the Magistrate shall issue a summons requiring him to appear, or, where the suspect is in custody, a warrant directing the officer in whose custody he is to bring him before the court.

(2) Where it appears to the Magistrate, on the report of a police officer or on other information, the substance of which report or information shall be recorded by the Magistrate, that there is reason to fear the commission of a breach of the peace, and that the breach of the peace cannot be prevented otherwise than by the immediate arrest of the suspect, the Magistrate may at any time issue a warrant for his arrest.

Section 60 Administration of Criminal Justice Act 2015

Copy of order under section 59 to accompany summons or warrant

A summons or warrant of arrest issued under section 59 of this Act shall be accompanied by a copy of the order made under section 57 of this Act, and the copy shall be delivered by the officer serving or executing the summons or warrant to the suspect served with or arrested under it.

Section 61 Administration of Criminal Justice Act 2015

Power to dispense with personal attendance

The Magistrate may, where he sees sufficient cause, dispense with the personal attendance of a suspect called on to show cause why he should not be ordered to enter into a recognizance for keeping the peace, and may permit him to appear by a legal practitioner.

Section 62 Administration of Criminal Justice Act 2015

Inquiry as to truth of information

(1) Where an order under section 57 of this Act has been read or explained under section 58 of this Act to a suspect in court, or where the suspect appears or is brought before a Magistrate in compliance with or in execution of a summons or warrant issued under section 59 of this Act, the Magistrate shall proceed to inquire into the truth of the information upon which the action has been taken, and to take such further evidence as may appear necessary.

(2) The inquiry shall be made, as nearly as may be practicable, in the manner prescribed in this section for conducting trials, and recording evidence, except that the standard of proof shall be that of preponderance of evidence.

(3) Pending the completion of the inquiry under subsection (1) of this section, the Magistrate, if he considers that immediate measures are necessary for the prevention of:
(a) a breach of the peace or disturbance of the public tranquility; or

(b) the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the suspect in respect of whom the order under section 57 of this Act has been made, to enter into a recognizance, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain the suspect in custody until the recognizance is entered into or, in default of execution, until the inquiry is concluded.

(4) For the purposes of subsection (3) of this section:
(a) a suspect against whom proceeding are not being taken under section 54 of this Act shall not be directed to enter into a recognizance for maintaining good behaviour;

(b) the conditions of the recognizance, whether as to the amount or as to the provisions of sureties or the number of sureties or the pecuniary extent of their liability shall not be more onerous than those specified in the order under section 58 of this Act; and

(c) a suspect shall not be remanded in custody under the powers conferred by this section for a period exceeding fifteen days at a time.

(5) For the purposes of this section, the fact that a suspect comes within the provisions of section 55 of this Act may be proved by evidence of general repute or otherwise.

(6) Where two or more suspects have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate thinks fit.

Section 63 Administration of Criminal Justice Act 2015

Order to give security

(1) Where on an inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the suspect in respect of whom the inquiry is made should enter into a recognizance, with or without sureties, the Magistrate shall make an order accordingly, but:

(a) a suspect shall not be ordered to give security of a nature different from or of an amount larger than or for a period longer than that specified in the order made under section 57 of this Act;

(b) the amount of a recognizance shall be fixed with due regard to the circumstances of the case and shall not be excessive; and

(c) where the suspect in respect of whom the inquiry is made is a child, the recognizance shall be entered into as provided in section 164 of this Act.

(2) A suspect ordered to give security for good behaviour under this section may appeal to the High Court.

Section 64 Administration of Criminal Justice Act 2015

Discharge of suspect informed against

Where on an inquiry under section 59 of this Act it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the suspectin respect of whom the inquiry is made should enter into a recognizance, the Magistrate shall make an entry on the record to that effect, and, shall, if the suspect:

(a) is in custody only for the purpose of the inquiry, release him; or

(b) is not in custody, discharge him.