in terms of the Namibian Constitution is hereby published in terms of Article 56 of that. Constitution. No. 25 of Criminal Procedure Act. in terms of the Namibian Constitution is hereby published in terms of Article 56 of that. Constitution. No. 25 of Criminal Procedure Act. “The purpose of this Act is to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions.
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Execution of Warrant out of Division or District in which Issued Provided that if such person has been arrested in respect of any matter other than an offence punishable with death- a and is ready and willing to give bail to the satisfaction of the court within the division or district of which he was arrested; or b if a direction had been endorsed under section 30 of this Act on the criminal procedure act nigeria and such person is ready and willing to give the security required by such direction, the court shall take bail or security, as criminal procedure act nigeria case may be, and shall forward the recognisance, if such be entered into, to the court which issued the warrant.
Nigeria: Criminal Procedure Act (Chapter 80)
Criminal procedure act nigeria 3 Escape and Retaking If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may pursue and arrest him in any place in Nigeria. The provisions of sections 7 and 8 of this Act shall apply to arrests under the last preceding section, although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.
Every person is bound to assist a judge or magistrate or police officer reasonably demanding his aid- a in the taking or preventing the escape of any other person whom criminal procedure act nigeria magistrate or police officer is authorised to arrest; b in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any telegraph or public property.
Whenever a magistrate is informed on oath that any person is criminal procedure act nigeria precautions to conceal his presence within the local limits of such magistrate's jurisdiction, and that there is reason to believe that such person is taking such precautions with a view to committing any offence, such magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to enter into a recognisance, with sureties, for his good behaviour for such period, not exceeding one year, as the magistrate thinks fit.
Whenever a magistrate is informed on oath that any person within the local limits of his jurisdiction- a is by habit a robber, housebreaker, or thief, or b is by habit a receiver of stolen property, knowing the same to have been criminal procedure act nigeria or 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 in the commission of, any offence punishable under Chapter 34, 35, 36 or 41 of the Criminal Code; or e habitually commits or attempts to commit, or aids or abets in the commission of, offences 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 hereinafter provided, require such person to show cause why he should not be ordered to enter into a recognisance, with sureties, for his good behaviour for such period, not exceeding three years, as the magistrate thinks fit.
When a magistrate acting under section 35, 36 or 37 of this Act deems it necessary to require any person to show cause under such section, he shall make an order in writing setting forth- a the substance of the information received; b the amount of the recognisance 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.
If the person in respect of whom such order is made present in court, it shall be read over to him or, if he so desires, the substance thereof criminal procedure act nigeria be explained to him. Prior to the promulgation of the ACJANigerian states were governed by two principal legislations traceable to the British colonial administration, namely the Criminal Procedure Act, CPA and the Criminal Procedure Code CPC depending on whether such a state was created out of the former northern or southern region.
Based criminal procedure act nigeria the prolonged use of these laws, without reform, the former CPC and CPA were mastered by lawyers who took advantage of its lapses to prolong trials.
As a response to these defects, the ACJA was introduced to ensure that the criminal justice system becomes more efficient as well as responsive to the rights of the people. First, in respect criminal procedure act nigeria High Courts in Northern Nigeria, section 35 of the High Court Law of Nigeria provides to the effect that whenever there is a lacuna in the Criminal Procedure Code CPCa High Court in the Northern Nigeria would look at any other law made for that purpose or pass another law to take care of that lacuna or do criminal procedure act nigeria in their view amounts to substantial justice.
The Administration of Criminal Justice Act, 2015 (ACJA)
Judicial authority for this proposition is Achadu v State. Second, in respect of Lagos State, section of the Administration of Criminal Justice Law provides that where a matter arises in respect of which no adequate provisions are made in the rules, the court shall adopt such procedure as will in its view do substantial justice between the parties.
Third, in respect of the Federal High Court, section 9 2 of the Federal High Court Act Cap F 12 Laws of the Federation of Nigeria, criminal procedure act nigeria that criminal procedure act nigeria a matter arises in respect of which no provision or no adequate provisions are made in the rules made under subsection 1 of the Federal High Court Act or in any other Act or enactment, the court shall adopt such procedure as it deems fit to do substantial justice between the parties concerned.
Lastly, by virtue of section 3 of the Administration of Criminal Justice Actwhere there are no express provisions in the Act, the Court may apply any procedure that will meet the justice of the case.
Rules Applicable to Criminal Courts in Nigeria a. criminal procedure act nigeria
Analysis: Main features of Nigeria's Administration of Criminal Justice Act
Supreme Court Rules b. They also set criminal procedure act nigeria punishment that goes with each offence as well as mitigating factors, such as where the convict is a first time offender.
This equally applies mutatis mutandis to the Federal Capital Territory, Abuja.
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- Nigeria: Criminal Procedure Act (Chapter 80)
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No warrant of arrest shall be issued in the first instance in respect of any complaint or statement unless such complaint or statement be on oath either by the complainant criminal procedure act nigeria or by a material witness.
A warrant of arrest may be issued on any day including a Sunday or public holiday.
Omitted as inapplicable criminal procedure act nigeria it relates to warrants directed to native authority police forces which has been abolished. A warrant of arrest may be executed notwithstanding that it is not in the possession at the time of the person executing the warrant but the warrant shall, on the demand of the person apprehended, be shown to him as soon as practicable after his arrest.