Section 109-111 of the Administration of Criminal Justice Act 2015

Section 109, 110, and 111, of the Administration of Criminal Justice Act 2015 is under PART 12 (INSTITUTION OF PROCEEDINGS) of the Act.

Section 109 Administration of Criminal Justice Act 2015

Different methods of instituting criminal proceedings

Subject to the provisions of any other Law, criminal proceedings may in accordance with the provisions of this Act be instituted:
(a)
in a Magistrates court, by a charge or a complaint whether or not on oath or upon receiving a First Information Report

(b) in the High Court, by information of the Attorney-General of the Federation, subject to section 104 of this Act;

(c) by information or charge filed in the court after the defendant has been summarily committed for perjury by a court under the provisions of this Act;

(d) by information or charge filed in the court by any other prosecuting authority;

(e) by information or charge filed by a private prosecutor subject to the provision of this Act.

Section 110 Administration of Criminal Justice Act 2015

Mode of instituting criminal proceedings in a Magistrates courts

(1) Criminal proceedings instituted in a Magistrate court may be:
(a) by bringing a suspect arrested without a warrant before the court on a charge contained in a charge sheet specifying the name, address, age, sex and occupation of the suspect charged, the charge against him and the time and place where the offence is alleged to have been committed; and the charge sheets shall be signed by any of the persons mentioned in section 106 of this Act; or

(b) upon receiving a First Information Report for the commission of an offence for which the police are authorised to arrest without a warrant and which may be tried by the court within the jurisdiction where the police station is situate, the particulars in the report shall disclose the offence for which the complaint is brought and shall be signed by the police officer in charge of the case; or

(c) subject to the provision of section 89 of this Act, by complaint to the court, whether or not on oath, that an offence has been committed by a suspect whose presence the Magistrate has power to compel, and an application to the Magistrate, in the manner set out in this section for the issue of either a summons directed to, or a warrant to arrest, the suspect.

(2) The charge sheet filed by the prosecution shall be served on the defendant within seven days of its being filed or such time as the court may allow.

(3) The trial of a charge preferred under subsection (1) paragraphs (a) and (b) of this section shall commence not later than thirty days from the date of filing the charge, and the trial of the person brought under the charge shall be completed within a reasonable time.

(4) Where a charge is preferred under subsection (1) paragraphs (a) and (b) of this section and the trial does not commence within thirty days of bringing the charge, or trial has commenced but has not been completed after one hundred and eighty daysof arraignment on that charge, the Court shall forward to the Chief Judge the particulars of the charge and reasons for failure to commence the trial or to complete the trial.

(5) A Court seized of criminal proceedings shall make quarterly returns of the particulars of all cases, including charges, remand and other proceedings commenced and dealt with in his Court within the quarter, to the Chief Judge.

(6) In reviewing the returns made by a Court under subsections (4) and (5) of this section, the Chief Judge shall have regard to the need to ensure that:
(a) criminal matters are speedily dealt with;

(b) congestion of cases in courts is drastically reduced;

(c) congestion of prisons is reduced to the barest minimum; and

(d) persons awaiting trial are, as far as possible, not detained in prison custody for a length of time beyond that prescribed in section 293 of this Act.

(7) The Administration of Criminal Justice Monitoring Committee, shall have power to consider all returns made to the Chief Judge under subsections (4) and (5) of this section for the purpose of ensuring expeditious disposal of cases, and the National Human Rights Commission set up under the National Human Rights Commission Act shall have access to the returns on request to the Chief Judge.

Section 111 Administration of Criminal Justice Act 2015

Returns by Comptroller-General of Prisons

(1) The Comptroller-General of Prisons shall make return every ninety days to the Chief Judge of the Federal High Court, Chief Judge of the Federal Capital Territory, the Chief Judge of the State in which the prison is situated and to the Attorney-General of the Federation of all persons awaiting trial held in custody in Nigerian Prisons for a period beyond 180 days from the date of arraignment.

(2) The returns referred to in subsection (1) of this section shall be in a prescribed form and shall include:
(a) the name of the suspect held in custody or Awaiting Trial Persons,

(b) passport photograph of the suspect;

(c) the date of his arraignment or remand;

(d) the date of his admission to custody;

(e) the particulars of the offence with which he was charged;

(f) the courts before which he was arraigned

(g) name of the prosecuting agency; and

(h) any other relevant information.

(3) Upon receipt of such return, the recipient shall take such steps as are necessary to address the issues raised in the return in furtherance of the objectives of this Act.