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.
