Fourth Schedule Administration of Criminal Justice Act 2015 NG

Fourth Schedule to the Administration of Criminal Justice Act 2015

Section 420(2)(b), 347(1)(b), 413(1), 425 and 434(b)

Item 1

SCALE OF IMPRISONMENT FOR NON-PAYMENT OF MONEY ORDERED TO BE PAID

(Section 425)

Where the fine does not;The period of imprisonment shall not exceed;
exceed two thousand Naira7 days
exceeds two thousand Naira and does not exceed five thousand Naira14 days;
exceeds five thousand Naira and does not exceed twenty thousand Naira1 month;
exceeds twenty thousand Naira and does not exceed sixty thousand Naira2 months;
exceeds sixty thousand Naira and does not exceed one hundred thousand Naira3 months;
exceeds one hundred thousand Naira and does not exceed two hundred thousand Naira4 months;
exceeds two hundred thousand Naira and does not exceeds four hundred thousand Naira5 months;
exceeds four hundred thousand Naira but does not exceed six hundred thousand Naira6 months;
exceeds six hundred thousand Naira and does not exceed one million Naira7 months;
exceeds one million Naira and does not exceed two million Naira8 months;
exceeds two million Naira and does not exceed five million Naira9 months;
exceeds five million Naira and does not exceed ten million Naira10 months;
exceeds ten million NairaTo the discretion of the judge from 18 months and above

Section 413

Order for Sentence of Death to be Carried Out

ORDER FOR EXECUTION

Public
Seal

WHEREAS at the………………………………….. holding at……………..on the……………….day…………………of…………………20……, one ……………………………………………………………….was duly convicted of a capital offence and was sentenced to death:

AND WHEREAS information derived from the record of the case or elsewhere, having been duly taken into consideration at a meeting of the council of State designated for the purpose in his own deliberate judgment thereafter has decided to recommend to me that I should exercise my powers in relation to the person so convicted:

AND WHEREAS I have decided in accordance with the advice of the said Attorney-General of the Federation to confirm the sentence:

NOW THEREFORE I hereby order that the sentence be carried out according to the law and that the said…………………………be executed at………………. at a time and by the person appointed by you and that the body of the said………………………………be buried in the usual place for internment for condemned criminals executed at the place of execution.

See also  Section 438 Administration of Criminal Justice Act 2015 NG

AND FOR SO DOING this shall be your Warrant.

GIVEN under my hand and the Public Seal of the Federal Republic of Nigeria this………………..day of………….20……….

………………………
President

To the Sheriff at……………………………

Section 411

ORDER FOR COMMUNTATION OF SENTENCE

Public
Seal
WHEREAS on the…………………….day of……………20………, one…………………………………….. was duly convicted of a capital offence and was sentenced to death by the………………..holding at…………………………………

AND WHEREAS information derived from the record of the case or elsewhere, having been duly taken into consideration at a meeting of the Council of State thereafter has decided to recommend to me that I should exercise my powers in relation to the person so convicted:

AND WHEREAS I have decided in accordance with the advice of the appropriate authority to confirm the sentence:

NOW THEREFORE I do hereby commute the sentence and direct that the said sentence be not carried out, and that in lieu thereof the said………………………………be imprisoned for……………………

GIVEN under my hand and the Public Seal of the Federal Republic of Nigeria this………………..day of………….20……….

…………………………….
President

To the Sheriff at……………………………

(for transmission to the appropriate prisons authority).

Section 36

ENDORSEMENT ON WARRANT OF ARREST

Whereas proof has this day been made before me that the name ……………………………………….subscribed to the within warrant is in the handwriting of the within mentioned……………………………………………………………………………………

I hereby authorise………………………………who brings me this warrant and all other persons to whom this warrant was originally directed and also all police officers of the ………………..to execute this warrant within………………..and to within…………………..and to bring the said ……………………………….if arrested within …………………………………..before me or before some Magistrate of the………………………………..to be dealt with according to law.

GIVEN under my hand this………………….20……

…………………………………
Magistrate

ENDORSEMENT ON WARRANT OF DISTRESS

Section 435

Whereas proof has this day been made before me that the name of ……………………….subscribed to the within warrant is in the handwriting of the within mentioned……………………………………………………………………you………………….are hereby ordered forthwith to make distress of the goods of the defendant (except the wearing apparel and bedding of him and his family, and, to the value of ……… Naira the tools and implements of his trade); and if within the space of the five clear days next after making of such distress unless he consents in writing to an earlier sale, the sum stated in the within warrant, together with the reasonable cost and charges of 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 this court, and if no such distress can be found, to certify the same to this court.

Dated the………………….., 20…………

…………………………………….
Judge [or Magistrate]

See also  Section 241-250 Administration of Criminal Justice Act 2015 NG

FORM E

Section 184

WARRANT TO ARREST A PERSON FAILING TO APPEAR PURSUANT TO RECOGNISANCE
(TITLE OF PROCEEDINGS)

To……………………………………………………………………………………… and……………………………………………………………………………………… Whereas…………………………………..of…………………………….. is bound by recognisance to appear before this court on…………………………………………… …………………………..(state when) but has failed so to appear:

You are hereby commanded to arrest the said………………………………………and bring him before me at ……………….without delay.

…………………………………
Judge (or Magistrate)

FORM F

Section 317

WARRANT TO CARRY OUT SENTENCE

(TITLE OF PROCEEDINGS)

To………………………………………………….and to the Superintendent of Prison:
The defendant……………………..was on the…………………………………………. day of……………………., 20…………., sentenced as follows-

NoOffenceTerm, Fine, Compensation, Costs, or StrokesTerm in default
    

The defendant has made default in payment of the above sum [or sums, or 1st and 2nd above-named sums, or as the case may be.]

The imprisonment is to commence forthwith [upon the expiration of any other term of imprisonment which the defendant may be now serving]

The terms are to run concurrent [or consecutive, or concurrent as to the …………….. and…………………., and consecutive as to, or as the case may be.]

You are hereby commanded to take the said defendant and imprison him in accordance with the above sentence and the Law.

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

……………………………………….
Judge (or Magistrate)

FORM G

Section 245

RECOGNISANCE OF WITNESS

In the Magistrate’s Court of……………………………………………………………. C.D. of………………………………………………………………………………………(address and occupation or profession) acknowledges that he/she owes to the Federal Government the sum of ………….payment thereof to be enforced against him/her by due process of law if he/she fails to comply with the conditions endorsed hereon.

Signature of C.D……………………….

Taken before me this…………………day of………………, 20……

…………………………………
Magistrate (Judge)

(Endorsement)

Conditions

The condition of this recognisance is that whereas A.B (hereinafter called the accused) was this day charged before me (name of Magistrate), the above-mentioned Magistrate, with (state shortly particulars of offence):

If therefore the said C.D. appears at the High Court of the State on a date to be notified to him later and there gives evidence upon the trial of any information against the accused and in all respects compiles with the requirements of any notice which he/she may subsequently receive relating to this recognisance, then this recognisance shall be void but otherwise shall remain in full force.

FORM G

RECOGNISANCE OF WITNESS CONDITIONALLY BOUND OVER

In the Magistrate’s Court of………………………………………….. C.D …………………………………………………………………….

(address and occupation or profession)

Signature of C.D……………………….

Taken before me this…………………day of…………………………………, 20……

…………………………………
Magistrate

(Endorsement)

Conditions

Whereas A.B (hereinafter called the defendant) was this day charged before me (name of Magistrate), the above-mentioned Magistrate, with (state shortly particulars of offence): and

Whereas C.D has been informed that he/she is only conditionally bound over to give evidence at the trial of A.B but that, after receiving a notice that he/she will be required to give evidence at the said trial, he/she will then be firmly bound by the following conditions:

See also  Section 109-111 Administration of Criminal Justice Act 2015 NG

If therefore the said C.D. appears at the High Court of ……………………… State on a date to be notified to him/her later and there gives evidence upon the trial of any information against the defendant and in all respects compiles with the requirements of any notice which he may subsequently receive relating to this recognisance, then this recognisance shall be void but otherwise shall remain in full force.

FORM H

Notice to Witness that Defendant has not been Committed for Trial

In the Magistrate’ court of…………………………………………………………..
Whereas you C.D of…………………………………………………………… were on the……………….day of…………………………, 20……….., bound by a recognisance in the sum of……………………………. to appear on a date to be notified to you at the High Court of…………………. State and give evidence upon the trial of A.B:

This is to give you notice that the Magistrate has determined not to commit the said A.B for trial and that consequently you will not be required to appear at the High Court for the purpose above-mentioned.

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

……………………………………….
Judge (or Magistrate)

FORM E

Notice to Witness bound over that he is to be treated as having been bound over conditionally

In the Magistrate’ court of…………………………………………………………..
Whereas you, C.D of…………………………………………………….. were on the…………….day of……………,……, 20……………….., bound by a recognisance in the sum of………………………………………………………. to appear at the High Court of……………………………. State on a date to be notified to you and there give evidence upon the trial of A.B:

And whereas the Magistrate has since committed the said A.B for trial at the High Court of…………………………………… State and has directed that you are to be treated as having been bound over to attend the trial conditionally upon notice being given to you:

This is to give you notice that you are not bound by the recognisance entered into by you until and unless you subsequently receive notice that you will be required to give evidence at the trial of the accused A.B.

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

……………………………………….
Judge (or Magistrate)

FORM K
NOTICE TO WITNESS BOUND OVER OR TREATED AS BOUND OVER CONDITIONALLY

In the High/Magistrate’ court of…………………………………………..
Whereas you C.D of……………………………………………………………… were on the……………………….day of………………………….., 20……………, bound over conditionally in the sum of………………………………………………….. to appear upon being given to you to give evidence upon the trial of A.B (or, whereas you C.D were given notice, after entering into a recognisance to give evidence upon the trial of A.B., that you would not be bound by such recognisance until and unless you subsequently receive notice that you will be required to give at the trial of A.B):
This is to give you notice that you are required to appear and give evidence at the High Court of………………….. at the trial of A.B on the……………..(or on a date to be subsequently notified) and that unless you do so the said recognisance will be forthwith enforced against you.
Dated the……………………day of…………………..,20………..

……………………………………….
Registrar of High/Magistrate’s Court

FORM L

SECTION 111

COMPTROLLER-GENERAL OF PRISONS RETURNS OF PERSON(S) AWAITING TRIAL

(Complete form in triplicate per individual)

To the: The Chief Judge of ……………………… and to the Attorney-General of the Federation.

The Chief Judge of ………………………………………… and the Attorney-General of the Federation are hereby informed that these are the records of all persons awaiting trial held in custody within the Federal Capital Territory/ the Federation for a period beyond one hundred and eighty days from the date of arraignment.

1. Name of person in custody: ………………………………………………..

2. Date of Arraignment……………………………………………………………

3. Court where arraigned:…………………………………………………………

4. Particulars of the offence charged with: ………………………………………..

5. Date of his Admission to custody: ………………………………………………

6. Name of the Prosecuting Agency:……………………………………………….

7. Any other relevant information…………………………………………………….

Insert Passport Photograph of Individual Awaiting Trail Person (ATP)

……………………………………………..
Comptroller-General of Prisons

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