Section 150 Administration of Criminal Justice Law (ACJL) Lagos
Section 150 Administration of Criminal Justice (Repeal and Re-enactment) Law (ACJL) Lagos 2011, Laws of Lagos State, 2021, is about Owner and value of property need not be named unless specifically required. It provides as follows:
(1) The description of property in a charge shall be in ordinary language and such as to indicate with sufficient clarity the property referred to and if the property is so described, it shall not be necessary, except when required for the purpose of describing an offence depending on any special ownership of property or special value of property, to name the person to whom the property belongs or the value of the property.
(2) Where property is vested in more than one person and the owners of that property are referred to in the charge, the property may be described as being owned in accordance with the appropriate provisions set out in section 142.
(3) Coin and currency notes may be described as money, and any averment as to any money, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank or currency note, although the particular species of coin of which such amount was composed or
the particular nature of the bank or currency note shall not be proved, and in cases of stealing and defrauding by false pretences, by proof that the accused dishonestly appropriated or obtained any coin or any bank or currency note, or any portion of the value, although such coin or bank or currency note may have been delivered to him in order that some part of the value should be returned to the party delivering the same or to any other person, and such part shall have been returned accordingly.
(4) Where the ownership of any property is described under paragraph (b) of section 142 as being in any Joint-Stock Company, Company, Association, Club or Society by its registered title, proof of the registration of the Company, Association, or Society shall not be required unless the Court decides that
such proof shall be given, in which case further hearing may be adjourned for the purpose or the Court may, in its discretion, amend the proceedings by substituting the name of some person or persons for such registered title.
(5) (a) Where a written law constituting an offence states the offence to be the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omission, capacities, or intentions, or other matters stated in the alternative in the written law, may be stated in the alternative in the charge.
(b) It shall not be necessary in any charge where the offence is one constituted by a written law to negate any exception or exemption from or qualification to the operation of the written law creating the offence.
(6) The description or designation of the defendant in a charge or of any other person to whom reference is made therein may be described in the manner set forth in section 143.
(7) Where it is necessary to refer to any document or instrument in a charge, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport of it, without setting out any copy.
(8) Subject to any other provisions of this Law, it shall be sufficient to describe any place, time, thing, matter, act, or omission whatsoever to which it is necessary to refer in any charge in ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act, or omission referred to.
(9) It shall not be necessary in stating any intent to defraud, deceive or injure any particular person, where the written law creating the offence does not make it an essential ingredient of the offence.
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