Section 477-484 of the Administration of Criminal Justice Act 2015
Section 477 to 484 of the Administration of Criminal Justice Act 2015 is under PART 47 of the Act. It is about TRIAL OF CORPORATION.
Section 477 Administration of Criminal Justice Act 2015
Interpretation under this part
(1) In this part “corporation” means anybody corporate, incorporated in Nigeria or elsewhere.
(2) In this part “representative” in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this part authorised to do, but a person so appointed shall not by virtue only of being so appointed, be qualified to act on behalf of the corporation before any court for any other purpose.
(3) A representative for the purposes of this part need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this part, shall be admissible without further proof as prima facie evidence that the person has been so appointed.
Section 478 Administration of Criminal Justice Act 2015
Plea by corporation
Where a corporation is called upon to plead to any charge or information (including a new charge or information framed under the provisions of this Act or charge or information added to or altered under the provisions of this Act it may enter in writing by its representative a plea of guilty or not guilty or any plea which may be entered under this Act and if either the corporation does not appear by a representative or, though it does so appear, fails to enter as aforesaid any plea, the court shall order a plea of not guilty to be entered and the trial shall proceed as though the corporation had duly entered a plea of not guilty.
Section 479 Administration of Criminal Justice Act 2015
Information against a corporation
An information may be preferred against a corporation after the preparation of the proofs of evidence relating to the charge.
Section 480 Administration of Criminal Justice Act 2015
Joinder of counts in same information
An information under section 479 may include, either in substitution for or in addition to counts charging the offence for which proofs of evidence have been prepared counts which may be lawfully joined in the same information and are founded on facts or evidence disclosed in the proofs of evidence.
Section 481 Administration of Criminal Justice Act 2015
Power of representative
A representative may, on behalf of a corporation –
(a) state, whether the corporation is ready to be tried on a charge or information or altered charge or, information to which the corporation has been called on to plead;
(b) consent to the hearing and determination of a complaint before the return date of a summons;
(c) express assent to the trial of the corporation on information, notwithstanding that a copy of the information and notice of trial have not been served on the corporation 3 days or more before the date on which the corporation is to be tried.
Section 482 Administration of Criminal Justice Act 2015
Matters to be read, said or explained to representative
Where a representative appears, any requirement of this Act that anything shall be done in the presence of the defendant, or shall be read or said or explained to the defendant, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or said or explained to the representative.
Section 483 Administration of Criminal Justice Act 2015
Non-appearance of representative
Where a representative does not appear, any such requirement as is referred to in section 478 of this Act, shall not apply.
Section 484 Administration of Criminal Justice Act 2015
Saving under this part
(1) Subject to the preceding provisions of this part, the provisions of this Act relating to the inquiry into and trial of offences shall apply to a corporation as they apply to an adult.
(2) A corporation may be charged jointly and tried with an individual for any offence.