Section 401-414 of the Administration of Criminal Justice Act 2015
Section 401 to 414 of the Administration of Criminal Justice Act 2015 is under PART 38 of the Act. It is about PROVISIONS RELATING TO SENTENCE OF DEATH.
Section 401 Administration of Criminal Justice Act 2015
Construction of provisions relating to punishments
(1) Subject to the provisions of a law relating to a specific offence or class of offence and to the jurisdiction conferred on any court or on a person presiding over the court, the provisions in this part shall apply to sentences of death, imprisonment, fine, and non-custodial sentences.
(2) In determining a sentence, the court shall have the following objectives in mind, and may decide in each case the objectives that are more appropriate or even possible:
(a) prevention, that is, the objective of persuading the convict to give up committing offence in the future, because the consequences of crime is unpleasant;
(b) restraint, that is, the objective of keeping the convict from committing more offence by isolating him from society;
(c) rehabilitation, that is, the objective of providing the convict with treatment or training that will make him into a reformed citizen;
(d) deterrence, that is, the objective of warning others not to commit offence by making an example of the convict;
(e) education of the public, that is, the objective of making a clear distinction between good and bad conduct by punishing bad conduct;
(f) retribution, that is, the objective of giving the convict the punishment he deserves, and giving the society or the victim revenge; and
(g) restitution, that is, the objective of compensating the victim or family of the victim of the offence.
Section 402 Administration of Criminal Justice Act 2015
(1) Punishment of death is inflicted by hanging the convict by the neck till he is dead or by lethal injection.
(2) Sentence of death shall be pronounced by the court in the following form: “The sentence of the court upon you is that you be hanged by the neck until you are dead or by lethal injection.”
Section 403 Administration of Criminal Justice Act 2015
How death sentence is to be carried out
Where sentence of death has been passed the sentence shall only be carried out in accordance with the provisions of this Part.
Section 404 Administration of Criminal Justice Act 2015
Sentencing in the case of pregnancy
Where a woman found guilty of a capital offence is pregnant, the sentence of death shall be passed on her but it shall be suspended until the child is delivered and weaned.
Section 405 Administration of Criminal Justice Act 2015
Sentencing in the case of a child offender
Where a convict who in the opinion of the court had not attained the age of 18 years at the time the offence was committed is found guilty of a capital offence, sentence of death shall not be pronounced or recorded but in lieu of it, the court shall sentence the child to life imprisonment or to such other term as the court may deem appropriate in consideration of the principles in section 401 of this Act.
Section 406 Administration of Criminal Justice Act 2015
Authority for detention of convict
A certificate under the hand of the registrar, or other officer of the court, that a sentence has been passed, and naming the convict against whom it has been passed, shall be sufficient authority for the detention of the convict.
Section 407 Administration of Criminal Justice Act 2015
Judge’s certificate of death sentence to be sufficient and full authority for execution of convict, unless he is pardoned or reprieved
A Judge who pronounces a sentence of death shall issue, under his hand and the seal of the court, a certificate to the effect that sentence of death has been pronounce upon the convict named in the certificate, and the certificate shall be sufficient and full authority in law for the detention of the convict in safe custody until the sentence of death pronounced upon him can be carried into effect and for carrying the sentence of death into effect in accordance with and subject to the provisions of this Part.
Section 408 Administration of Criminal Justice Act 2015
Steps to be taken by the Registrar
The Registrar of the court by which the convict is sentenced to death shall, as soon as practicable after sentence has been pronounced:
(a) hand two copies of the certificate issued by the Judge under the provisions of section 407 of this Act to the Commissioner of Police, one copy of which shall be retained by the Commissioner of Police and the other handed to the superintendent or other officer in charge of the prison in which the convict is to be confined;
(b) transmit to the sheriff one copy of the certificate; and
(c) file one copy of the certificate with the record of the proceedings in the case.
Section 409 Administration of Criminal Justice Act 2015
Convict may send request to committee on prerogative of mercy
(1) Where a convict:
(a) has been sentenced to death and has exercised his legal rights of appeal against the conviction and sentence, and the conviction and sentence have not been quashed or the sentence has not been reduced, or has failed to exercise his legal rights of appeal or having filed an application for leave to appeal, or an appellant has failed to perfect or prosecute the application or appeal within the time prescribed by law; or
(b) desires to have his case considered by the Committee on Prerogative of Mercy, he shall forward his request through his legal practitioner or officer in charge of the prison in which he is confined to the Committee on Prerogative of Mercy.
(2) The Committee on Prerogative of Mercy shall consider the re-quest and make their report to the Council of State which shall advice the President.
Section 410 Administration of Criminal Justice Act 2015
State at which President is to consider report
(1) The President shall, after considering the report made under section 409 of this Act, if any, and after obtaining the advice of the Council of State, decide whether or not to recommend that the sentence should be commuted to imprisonment for life, or that the sentence should be commuted to any specific period, or that the convict should be otherwise pardoned or reprieved.
(2) Where, for the purposes of subsection (1) of this section, the Council of State is required to advise the President in relation to any person sentenced to death, the Attorney-General of the Federation shall cause a record of the case to be prepared and submitted to the Council of State, and the Council of State shall, in giving its advice, have regard to the matters set out in that record.
Section 411 Administration of Criminal Justice Act 2015
Where a pardon or reprieve is granted
(1) Where the President decides that the sentence should be commuted or that the convict should be otherwise pardoned or reprieved, he shall issue an order, one copy of which shall be sent to the superintendent or other officer in charge of the prison in which the convict is confined, and another copy of which shall be sent to the Sheriff, directing that the execution shall not be carried out.
(2) The recommendation may be that the convict shall be imprisoned or be released, subject in either case to such conditions, if any, as may be specified.
(3) The sheriff and the superintendent or other officer in charge of the prison in which the convict is confined shall comply with and give effect to every order issued under the provisions of subsections (1) and (2) of this section.
Section 412 Administration of Criminal Justice Act 2015
Copy of order to be sent to Judge
The Attorney-General of the Federation shall communicate the decision referred to in section 411 (1) and (2) of this Act to the Judge who presided over the trial or to his successor in office sending to such Judge a copy of his order and such Judge shall cause the order to be entered in the record of the court.
Section 413 Administration of Criminal Justice Act 2015
Where pardon or reprieve is not granted
(1) Where the President decides that the sentence should not be commuted or that the convict should not be pardoned or reprieved, the order of the President shall be duly signed by him and sealed as in one of the forms set out in the Fourth Schedule of this Act or as near to it as circumstances permit.
(2) The order of the President:
(a) shall state the place and time, where and when the execution is to be and give directions as to the place of burial of the body; or
(b) may direct that the execution shall take place at such time and such place and the body of the convict executed shall be buried at such place as shall be appointed by some officer specified in the order.
(3) When the place or time of execution or the place of burial is appointed by some person and is not stated in the order of the President, the specified officer shall endorse on the order over his signature the place and time of execution and place of burial.
Section 414 Administration of Criminal Justice Act 2015
Copy of order to be sent to prison official
A copy of the order issued by the President shall be forwarded to the official in charge of the prison in which the person sentenced is confined, and the official in charge of the prison shall give effect to the order of execution.