First Schedule Administration of Criminal Justice Act 2015 NG

First Schedule to the Administration of Criminal Justice Act 2015

Section 153(2), 376(9), 377, 392(2)(a)
FORMS

FORM NO. I – GENERAL FORM OF TITLE OF PROCEEDINGS

(For use in the High Court)

In the High Court of …………………………………………………….
In the ……………………………………………………….. Judicial Division
Holden at ……………………………………………………………………..

Charge No………20………

Between
……………………………………………………………………………Complainant
and
………………………………………………………………………………….Defendant

Complaint ……………………………………………………………………….

(For use in Magistrates’ Court or other Courts)

IN THE MAGISTRATE’S COURT
In the Magistrate’s Court of …………………………………………………..
In the ………………………………………………………. Magisterial District
Holden at …………………………………………………………………….

Charge No…………20………,
Between
……………………………………………………………………..Complainant
and
………………………………………………………………………. Defendant

Complaint …………………………………………………………………….

Section 54

FORM NO. 2 ORDER OF RECOGNISANCE TO KEEP THE PEACE, AND BE OF GOOD BEHAVIOUR

(General Title-Form No. 1)

Before the…………………. High/Magistrate Court of the……………………………

In the Judicial Division/Magisterial District sitting at…………………………………

The…………………day of……………………. 20…. …

A.B., having made a complaint that C.D., hereinafter called the defendant, on the………………..day of ……………. 20……………at, ………….. in the ……………… above-mentioned, did ………………………………………………………………………………….
………………………………………………………………………………………………………………It is ordered that the defendant do forthwith to the satisfaction of………………………………..enter into a recognisance in the sum of………….. with………………….surety ……………..in the sum of………………… [each] to keep the peace and be of good behaviour towards the State and all persons, and especially towards the complainant, for the term of………………………..now next ensuing:

And it is ordered that if the defendant fails to comply with this order he shall be imprisoned in the prison at…………………….for the space of ………………………………………………………unless he complies with the order.

If costs are ordered, add-

And it is ordered that the defendant pay to the said…………… the sum of…………………..for costs [by instalments of…………….. for every………days, the first instalment to be paid] forthwith [or on the………………..day of 20….]:

And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of…………………………commencing at the termination of the imprisonment before ordered, unless the said sum [and all costs and charges of the (said distress and) commitment] be sooner paid.

…………………………………
Judge [or Magistrate]

FORM NO 3COMPLAINT

Section 89

(General Title-Form N0. 1)

The complaint of C.D (address and description), who upon oath (or affirmation) states that A. B of (address and description) on the…….. day of……………………………., 20…………at…………………… in the………………………………above-mentioned, did*……………………………………………………………………………………………………….. ……………………………………………………………………………………………………………… taken before me this……………………day of………………………..

………………………………………
Judge [or Magistrate]

FORM NO. 4 – SUMMONS TO DEFENDANT

Section 117

(General Title-Form N0. 1)

To A.B of…………………………………………………………………………………

Complaint has been made this day by……………………………… that you on the……………………..day of …………. 20……… at…………………………………in the ……………………………………………. above-mentioned did*
…………………………………………………………………………………………………

*State concisely the substance of the complaint

You are hereby summoned to appear before the……………. High/magistrate’s court sitting at………………………………….on the ……………….day of………… 20…., at the hour of………………. in the…………….noon to answer to the said complaint.

Dated this……………………..day of…… 20…………

…………………………………….
Judge [or Magistrate]

FORM No. 5 – WARRANT FOR ARREST OF DEFENDANT WHO HAS DISOBEYED SUMMONS

Section 131

(General Title-Form N0. 1)

To………………….Police Officer or To each and all Police Officers.

Complaint has been made on the…………………day of…………20……….. that A.B hereinafter called the defendant on the………………………………day of……………………20…………….in the above-mentioned did* ……………………………………
…………………………………………………………………………………………………

*State concisely the substance of the complaint

And the defendant was thereupon summoned to appear before the High/Magistrate’s Court of the ……………………………………….. in the Judicial Division/Magistrate District sitting at………………on the………………day of………………….at the hour of…………….in the……………noon, to answer to the said charge: …………………………………………………………………………………………………

An oath has been made that the defendant was duly served with the summons, but did not appear, and that such complaint is true.

You are hereby commanded to bring the defendant before High/Magistrate’s Court of the……….in the Judicial Division/Magisterial District sitting at…………………………………………………..forthwith to answer to the said complaint or be further dealt with according to law.

Dated the……………….day of……………..20…………

………………………………………
Judge [or Magistrate]

FORM No. 6 – WARRANT FOR ARREST OF DEFENDANT IN FIRST INSTANCE

Section 132

(General Title-Form No. 1)

To……………………………………………………….Police Officer

Complaint on oath has been made on the……….day of……………………………………, by………………………………………..that A.B., hereinafter called the defendant on the……………………day of…………………………………………………………….. at………………………………………………..in the…………………………..above-mentioned did*…………………………………………..

*State concisely the substance of the complaint

You are hereby commanded to bring the defendant before High/Magistrate Court of the …………………………in the Judicial Division/ Magisterial Division sitting at …………………… ………………………………to forthwith answer the said complaint and be dealt with according to law.

See also  Section 1-2 Administration of Criminal Justice Act 2015 NG

Dated the………….day of………………… 20……..

……………………………………
Judge [or Magistrate]

FORM NO. 7
FORM D
SEARCH WARRANT

Section 149

(TITLE OF PROCEEDING)

In the Magistrate Court of Magistrate District

To. . . . . . . . . . . . . . . . . . . and ……………………………..
Whereas information on oath and in writing this day has been made that there is reasonable ground for believing that there is in (state the place to be searched and state what is to be searched for in the terms of (a), (b) or (c) of 144(1) of this Act.)

You are hereby commanded in the name of the Federal Republic of Nigeria, with proper assistance, to enter the above-named (state the place to be searched) and there diligently search for the things aforesaid and where the same or any part thereof found on search, to bring the things found, and also the said (name the occupier of the place to be searched) before this Court to be dealt with according to law.

This warrant may be executed at any time on any day, including a Sunday or public holiday and may also be executed at any hour during day or night.

. . . . . . . . . . . . . . . . . .
Magistrate

INVENTORY OF ITEMS RECOVERED DURING EXECUTION OF SEARCH WARRANT IN TERMS OF SECTION 149

A. LIST OF ITEMS DETAINED AND PLACE OF SUCH DETENTION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

B. LIST OF ITEMS RELEASED TO THE OWNER(S)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

WITNESSES

………………………………………… ………………………………………
NAME/RANK/FORCE No. OF OFFICER NAME/TITLE OF THE OCCUPIER
EXECUTING THE WARRANT OF THE PLACE SEARCHED

…………………………………… …………………………………….
NAME/RANK.FORCE No OF NAME/TITLE OF AN
ACCOUNTING OFFICER INDEPENDENT WITNESS

Dated the ……………day of……………………. 20…. ….

FORMS FOR REMAND PROCEEDINGS

(General Title Form No.1)

Form No. 8 – REPORT AND REQUEST FORM FOR REMAND

Section 293

BETWEEN

COMMISSIONER OF POLICE Applicant
DIRECTOR OF PUBLIC PROSECUTIONS

AND

XYZ Respondent

To: The Registrar of the Court

The Court is hereby informed that there is a probable cause to order the remand of XYZ (state particulars of the Respondent, namely age, sex, occupation) of (state details of the Respondent’s street address or where there is no precise street address, as near and close description as possible of the location of the Respondent’s last known place of abode) in remand custody in (state the exact place of custody in which the applicant proposes to remand the Respondent such as the name and location of the prison or other detention place) who is reasonably suspected to have committed the offence of ______contrary to section ____________ of the ______________________________ within___________________________ High Division/Magisterial District on or about __________ (state the date or approximate date or the period of commission of the alleged offence)on grounds stated below:_________________________________________________________________________________

Dated this _ day of ____________________20 _

GROUNDS FOR THE REQUEST FOR REMAND

  1. Place, time and circumstance of arrest: ________ ______________________________________________________________________________________
  2. Arrested with Exhibit(s) Yes No (Tick appropriately)

(disregard (3) and (4) below if the Respondent was not arrested with Exhibit(s)

  1. If arrested with Exhibit(s), state clearly the particulars of the Exhibit(s) ____________________________________________________
  2. If arrested with Exhibit(s), state clearly how the items are related to or linked with the committal of the alleged offence: __________ ____________________ _____________________
  3. State particulars of other evidence or report linking the Respondent to the committing of the offence such as forensic evidence, marks or finger prints, etc.
  4. Confessional statement Yes __ No
  5. Any previous conviction for the same or similar offence _ Yes __ No
  6. If (7) above is Yes, state the particulars of previous conviction(s). Found in custody or possession of offensive weapon, object or substance: _ Yes __ No
  7. Identification by victim(s) or witness(es) Yes No
    (State the particulars of such victim(s) or witness(es)

(i) Name:
Age
Sex
Address:
Occupation:

(ii) Name:
Age
Sex
Address:
Occupation:

(iii) Name:
Age
Sex
Address:
Occupation:

(iv) Name:
Age
Sex
Address:
Occupation:

(v) Name:
Age
Sex
Address:

Occupation:

(vi) Name:
Age
Sex
Address:
Occupation:

  1. Need for further investigation Yes No
  2. Period/duration required for further investigation __ (state approximate days/weeks/months required to complete investigation)
  3. Any further relevant information _______________________ __________________________

Signed………………………….
(Commissioner of Police/ Director of Public Prosecution /Law officer/Police officer)

FORM NO. 9 – INFORMATION ON LEGAL REPRESENTATION

Section 376 (9)

The office of the Director of Public Prosecutions has determined that proceeding shall continue against you as per the attached legal advice.

Indicate whether you wish to be represented by a legal practitioner arranged by you or by the Legal Aid Council or any organisation providing free legal representation.

(1) If you wish to be represented by a legal practitioner arranged by you, please indicate below the particulars of such legal practitioner:

Name of Legal Practitioner: ______________________
Address of Legal Practitioner: _______________________
Telephone Number of Legal Practitioner: _____
E-mail of Legal Practitioner: ___________________
Signature of the Defendant: _____________________
Signature of the Prison official or police official in charge of place of custody of Defendant: ____________________

(2) If you wish to be represented by a legal practitioner arranged by way of legal aid, please provide the relevant information below. If you do not know any organisation you wish to apply to provide legal practitioner to represent you, kindly enter the “Legal Aid Council” as the name of organisation:

Name of the Organisation: ____________________

Address of the Defendant (or Place of custody is on remand) ______________________________________________

Signature of the Defendant: _______

Signature of the Prison official or police official in charge of place of custody of Defendant: ____________________

FORM NO. 10 – SUMMONS TO WITNESS

Section 241

(General Title-Form No. 1)

To E.F……………………………………………………………………….

A.B has been charged by …………………………………………………………for that he on the………………………day of…………20……., at………………………………….in the ……………………… above-mentioned, did*……………………………………………………………

*State concisely the substance of the complaint.

and it appears to me by the oath of…………………………………. that you are likely to give material evidence therein on behalf of the informant [or complainant or defendant], and will not voluntarily appear for that purpose.

You are therefore hereby summoned to appear before the High/Magistrate’s Court of the……………………………in the Judicial Division/Magisterial Division sitting at…………….., on ………………day of…………… 20……………….., at the hour of………………………in the…………………….noon, to testify what you know in such matter.

See also  Section 112 Administration of Criminal Justice Act 2015 NG

Dated the…………………….day of……………………20…………

…………………………..
Judge [or Magistrate]

FORM NO. 11 – FORM OF INFORMATION

Section 377

In the High Court of ………………………………………………………

In the Judicial Division of ……………………………………………………

The Federal Republic of Nigeria v. C D

The ……………………………………… day of …………………………20….

At the sessions holding at ……………………………………………………………

On the ………………………………………day of ………………………………20……….., the court is informed by the Attorney- General of the Federation on behalf of the Federal Republic that C.D Is charged with the following offence.[or offences]. (and statement of offence [offences].

FORM No. 12 – FORFEITURE ON CONVICTION

Section 182

(General Title -Form No. 1)

Before the……………………High/Magistrates Court of the …………………………………

in the Judicial Division/ Magistrate District sitting on the…………………….day of…………………20………

A.B., hereinafter called the defendant, was by his recognisance entered into the………………day of………………, bound in the sum of……………………….., and his sureties C.D and F.F. in the sum of …………………….each, the condition of the recognisance being that the said defendant should………………………………………………

And it being now proved that the defendant was on the………. day of………………………………………………………..convicted of the offence of having ……………………………………………, the same being a breach of the said condition:

It is therefore adjudged that the said recognisance be forfeited, and that the said………………………………………………pay to…………………………..the sum of……………………….and the further sum of…………………………..for costs [by in-stalments of………………for every…………..days, the first instalment to be paid] forthwith [or on the……………………day of……………………]:

And in default of payment it is ordered that the sum due from the said ………………………..under this order be levied by distress and sale of his goods, and in default of sufficient distress that he be imprisoned in the prison at………………………………for the peace of……………………………..unless the said sums [and all costs and charges of the (said distress and) committed] be sooner paid.

…………………………………..
Judge [or Magistrate]

FORM NO. 13 – WARRANT FOR APPREHENSION OF A WITNESS

Section 241

(General Title-Form No.1)

To…………………………….Police officers or other officials. Complaint …………………………………………………………… E.F. was duly summoned to appear before the High/Magistrate’s Court of the…………………Judicial Division/Magisterial District sitting at……………………. on…………………….day of…………….at the hour of………….in the……………noon, to testify what he should know concerning a certain complaint against A.B.

And he has neither appeared thereto, nor offered any just excuse for his neglect.

And it has been proved on oath that summons has been duly served on him [and that a reasonable sum has been paid (or tendered) to him for his costs and expenses in that behalf].

You are hereby commanded to bring him before the High Court of the ……………………………………in the Judicial Division/Magisterial District sitting at……………………………forthwith to testify what he knows concerning the said matter.

Dated the…………………day of…………………………. 20………

…………………………………
Judge [or Magistrate]

FORM No 14 – WARRANT FOR ARREST OF WITNESS IN FIRST INSTANCE

Section 244

(General Title-Form No.1)

To……………………………………………………………………………………

A.B has been charged by…………………………………………………for ………………. on the………………………………….day of………………..at…………………….in the ………………………………………………….aforesaid, did*……………………………
*State concisely the substance of the complaint………………………………………………………………………………………………

And it appearing to me by oath of………………………………………….. that E.F. is likely to give material evidence concerning the said matter, and that it is probable he will not attend to give evidence unless compelled so to do:

You are hereby commanded to bring him before the High Court/Magistrate of the …………………………………………in the Judicial Division/Magisterial District sitting at…………………………………………………forthwith to testify what he knows concerning the said matter.

Dated the……………………….day of………………………………20….

…………………………………
Judge [or Magistrate]

Section 250

FORM NO. 15 – WARRANT TO COMMIT A WITNESS

(General Title-Form No. 1)

To……and to the Superintendent of ………..Prison. E.F……………………………………. having appeared or being brought before the High /Magistrate Court of the …………………………………………in the Judicial Division/Magisterial District sitting at……………………….on day the………………………………………….day of ………………………………., to testify what he should know concerning a certain case against A.B., refused to take an oath [or having taken an oath] refused to answer any [or a certain] question put to him concerning the case and did not offer any just excuse for his refusal.

You, the said Police Officer are hereby commanded to convey the said E.F safely to the said Prison, and there deliver him to the Superintendent thereof, together with this Warrant, and you, the Superintendent of the said Prison, to receive him into your custody, and keep him for the space of…………., unless he in the meantime consents to be examined and to answer questions concerning the case.

Dated the…………………..day of……………… 20……….

……………………………………
Judge [or Magistrate]

FORM NO 16 – CONVICTION (IMPRISONMENT)

Section 316

(General Title- Form No. 1)

Before the High/ Magistrate Court of the …………………………………………in the Judicial Division/ Magisterial District sitting at……………………………… on the…………………. Day of ………………… 20………..

A. B hereinafter called the defendant, is this day convicted for……………… that he, on the ……… day of …………… 20…….. at ………….. within the ……… above-mentioned, did…………………… ………………………………………………………………………… And it is ordered that the defendant, for his said offence, be imprisoned in the prison at……………………………………………………and kept for the period of…………………………………………………………………………………….

If costs are ordered, add-
And it is ordered that the defendant pay to the said……………. sum of………………………………………..for costs [by instalments of………for every ………………days, the first instalment to be paid] forthwith [or on the …………………day of………………………]:

And in default of payment it is ordered that sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the prison at………………………. for the space of…………. commencing at the termination of the imprisonment before ordered, unless the said sum [and all costs and charges of the (said distress and) commitment be paid]

……………………………………
Judge [or Magistrate]

FORM NO 17 – ORDER FOR MONEY (NOT A CIVIL DEBT)

Section 319, 322 and 326

(General Title- Form No. 1)

Before the High/Magistrates’ Court of the …………………………….in the Judicial Division/Magisterial District sitting at……………….. the ………………………day of……………………. 20…..

A. B having made a complaint that C.D hereinafter called the defendant, on the……………………day of……………at…………………. within the…………………above-mentioned, did……………………………………………………

On hearing the said complaint, it is ordered that the defendant pay to said………………… the sum of…………………………..and also the sum of……………………………………for costs [by instalments of……………for every ………………days, the first instalment to be paid] forthwith [or on the …………………day of………………………]:

See also  Section 415 Administration of Criminal Justice Act 2015 NG

And in default of payment it is ordered that the said sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be remanded in the prison at…………………………………………………………… for the space of ………………………… unless the said sums and all costs and charges of the said distress and commitment be paid.

……………………………………..
Judge [or Magistrate]

FORM NO 18 – ORDER OF DISMISSAL WITH DAMAGES

Section 454

(General Title- Form No. 1)

Before the High/Magistrate’s Court of the ……in the Judicial Division/Magisterial District sitting at………………………………………..
The………………………day of………………………………….20………Complaint having been made by A.B that C.D hereinafter called the defendant, on the…………………………………………….day of……………………………………. 20……….. , at………………………in the…………………….above-mentioned, did……………………………………………………………………………………………….

And the Court being of opinion that though the said charge is proved, the offence is of trivial nature that it is inexpedient to impose any punishment, herby dismiss the said information.
But order that the defendant do pay the complainant ……………………… for damages and……………………………………for costs [by instalments of……… for every ………………………………….days, the first instalment to be paid] forthwith [or on the ……………………..day of……………………….. 20……. ]:

And in default of payment it is ordered that the said sums levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be remanded in the prison at…………. for the space of…………. unless the said sums [and all costs and charges of the (said distress and) commitment be paid]

………………………………………
Judge [or Magistrate]

FORM NO 19 – ORDER FOR OTHER MATTERS

(General Title- Form No. 1)

Before the High/ Magistrate’s Court of the ………………………in the Judicial Division/Magisterial District sitting at…………………… on the………………………day of………………………………… 20…….
A. B., having made a complaint that C.D hereinafter called the defendant, on the……………………………….day of…………………… at………………………….. in the…………………………………………………………………………..above mentioned, did………………………………………………………………………………………………………………………………………………………………

On hearing the said complaint, it is ordered that the defendant……………………………If imprisonment is ordered, add-

And it is adjudged that if the defendant neglect or refuse to obey this order, he be imprisoned in the prison at…………………….. for the space of………………………….days [or unless the said order be sooner obeyed].

If costs are ordered, add-
And it is ordered that the defendant pay to the said…………………………………sum of ………….for costs [by instalments of………for every ………………days, the first instalment to be paid] forthwith [or on the …………………day of…………………..]:

And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of…………. commencing at the termination of the imprisonment before ordered, unless the said sum [and all costs and charges of the (said distress and) commitment] be paid.

……………………………………
Judge [or Magistrate]

FORM NO 20 – ORDER OF DISMISSAL

Section 370

(General Title- Form No. 1)

Before the High/ Magistrate’s Court of the ……………in the Judicial Division/ Magisterial District sitting at……………………….. The……………….day of……………..2012 Complaint having been made by ………………………………. that A.B hereinafter called the defendant, on the……………………………………………day of……………,at……………………in the……………………………………….above-mentioned, did. ……………………………
This Court having heard and determine the said complaint do dismiss same:*
*on its merits or without prejudice to its being brought again

If costs are ordered, add-
And it is ordered that the complaintainant pay to the defendant the sum of…………………….for costs [by instalments of………for every ………………days, the first instalment to be paid] forthwith [or on the …………………day of………………………]:

And in default of payment it is ordered that sum due be levied by distress and sale of the defendant’s goods, and in default of sufficient distress that the defendant be imprisoned in the prison at…………. for the space of………….. , unless the said sum [and all costs and charges of the (said distress and) commitment be paid]

………………………………………
Judge [or Magistrate]

FORM NO 21 – WARRANT OF DISTRESS (FOR PENALTY)

Section 435

(General Title- Form No. 1)

To…………………………………..

A.B., hereinafter called the defendant, was on the day of………………………….convicted before the High/Magistrate’s Court sitting at…………………………………………….for that he on the……………………………….day of……………….at……………………. in the above-mentioned, did……………………………………………………………………….

And it was adjudged that the defendant for the said offence should be imprisoned [or forfeit and pay the sum of…………………] and should also pay the sum of……………….[for compensation and ………………………..] for costs [by instalments of…………………… for every……………………..days, the first instalment to be paid] forthwith [or on the………………day of……………….], and that in default the said sum [or sums] should be levied by distress,…………………and default having been made in payment.

You are hereby commanded forthwith to make distress of the goods of the defendant (expect the wearing apparel and bedding of him and his family, and, the tools and implements of his trade) and if within the space of five clear days next after the making of such distress, unless he consents in writing to an earlier sale, the sum stated at the foot of this warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the registrar of that court, and if no such distress can be found, to certify the same to that court.

Dated the……………….day of…………………. 20……

……………………………………
Judge [or Magistrate]

N       K
Amount ordered……………………………………

Paid………………………………………………….

Remaining due…………………………………….

Cost of issuing this warrant…………………….

Total amount to be levied……………………….

NOTICE OF TRIAL

A.B. Take notice that you will be tried on the information of which this is a true copy, at the session to be held at ………..
on the . . . . . . . . . . .day of. . . . . . . . . .20……

Also find attached is the “Information on Legal Representation” Form which you must complete and return to the Registry of this court within 14 days of service on you of this notice of trial.

Published by

LawGlobal Hub

LawGlobal Hub is your innovative global resource of law and more. We ensure easy accessibility to the laws of countries around the world! Publish your legal articles with us today.

Leave a Reply

Your email address will not be published.