Second Schedule Administration of Criminal Justice Act 2015 NG

Second Schedule to the Administration of Criminal Justice Act 2015

Sections 193 and 194

CHARGES

FORM OF CHARGE UNDER THE PENAL CODE

A: CHARGES WITH ONE HEAD

Charge on section 115

(1) (a) I ………………………………………. [name of presiding officer of court] hereby charge you ……………………………….. [name of the defendant] as follows –

(b) That you on or about the ……………day of……………, 20……..at……………….being a public servant in the Ministry of……………………….directly accepted from A. B. for yourself [or for another person named C.D.] a gratification other than lawful remuneration as a motive for forbearing to do an official act and thereby committed an offence punishable under section 115 of the Penal Code and triable by the High Court.

(c) And I hereby direct that you be tried by such court on the said charge.

………………………………….
Signature or seal of the Presiding officer of court

To be substituted for (b) –

(2) That you on or about the ……….. day of ……………,20……. at…………………….in the course of the trial of A.B. before……….stated in evidence that ………………….which statement you either knew or believed to be false or did not believe to be true and thereby committed an offence punishable under section 158 of the Penal Code.

Charge on section 224

(3) That you on or about the ……day of ……………, 20………at………………..committed culpable homicide not punishable with death by causing the death of A. B. and thereby committed an offence punishable under section 224 of the Penal Code.

Charge on section 227

(4) That you on or about the ……..day of………….., 20………at………………..abetted the commission of suicide by A. B. while the said A. B. was in a state of intoxication and thereby committed an offence punishable under section 227 of the Penal Code.

Charge on section 217

(5) That you on or about the ………day of …………….20………….at…………voluntarily caused grievous hurt to A. B by…………… [state details of grievous hurt] and thereby committed an offence punishable under section 247 of the Penal Code.

See also  Section 468 Administration of Criminal Justice Act 2015 NG

Charge on section 312

(6) That you between the ……..day of…………….., 20……and the …………day of……………..being entrusted with……………did commit criminal breach of trust by dishonestly misappropriating a sum of N…………and thereby committed an offence punishable under section 312 of the Penal Code.

Charge on section 324

(7) That you on or about the …..day of …………., 20………..at ……………cheated A. B. by falsely pretending to be in the Government Service and thereby dishonestly induced him to deliver…………..[as the case may be] and thereby committed an offence punishable under section 324 of the Penal Code.

B: CHARGES WITH TWO OR MORE HEADS
Charges on section 221 and 224

(1) (a) I ………………………………… [name of presiding officer of court] hereby charge you ……………………………………….. [name of the defendant] as follows –

(b) First – That you on or about the……..day of……….,20……at…………………………committed culpable homicide punishable with death by causing the death of A. B. and thereby committed an offence punishable under section 221 of the Penal Code.

Secondly – That you on or about the ……day of……….20…..at ………………………..committed culpable homicide not punishable with death by causing the death of A. B. and thereby committed an offence punishable under section 224 of the Penal Code.

Alternative charges on section 158

(2) That you on or about the………..day of…………., 20…………at………………………in the course of the inquiry into………………. before…………………………………stated in evidence that……and that you on or about the ………..day of………………, 20……………………………………..in the course of the trial of……………… before…………………….stated in evidence that……………, one of which statements you either knew or believed to be false or did not believe to be true, and thereby committed an offence punishable under section 158 of the Penal Code.

Alternative charges on section 287, 312 or 317

(3) That you on or about the…….day of……………., …………at………………committed theft by stealing a horse the property of A. B. and thereby committed an offence punishable under section 287 of the Penal Code.
(or)
That you on or about the………day of………………, 20………….at……being entrusted with the said horse committed criminal breach of trust dishonestly misappropriating it and thereby committed an offence punishable under section 312 of the Penal Code
(or)
That you on or about the………day of…., 20…………at…………………..dishonestly received the said horse knowing or having reason to believe that it was stolen property and thereby committed an offence punishable under section 317 of the Penal Code.

UNDER CRIMINAL CODE WITH ONE HEAD
Criminal Code section 118

  1. That you…………………………………………………on the…………………….day of………………………… ………………….at ……………………………..being a witness upon the trial of a case in the Magistrate’s Court of the…………………….. Magisterial District sitting at………………………………………………………………………………in which one …………………………. was complainant and one …………………………………………….was defendant, knowingly falsely swore that you saw one M.N. snatch a leather wallet from one Y. Z. in the………………………… on the …………………..day of ………………………………….., and thereby committed an offence punishable under section 118 of the Criminal Code/Penal Code.
See also  Section 453-467 Administration of Criminal Justice Act 2015 NG

Criminal Code Section 120(1)

  1. That you, on the………………..day of……………………….at………………. with intent to mislead the court in the course of the trial of………fabricated evidence by means other than perjury to wit: …………………………………………………………………
    and thereby committed an offence against section 120(1) of the Criminal Code.

Criminal Code Section 249(a)(i)

  1. That you, being a prostitute, on the………………………day of…………………….,at………………..behaved in an indecent manner by exposing your naked person in Broad Street and thereby committed an offence punishable under section 249(a)(i) of the Criminal Code.

Criminal Code Section 325

  1. That you on the………………………day of……………………….. …………………., at…………………unlawfully killed C.D and thereby committed an offence punishable under section 325 of the Criminal Code.

Section 326(3)

  1. That you on the…………….day of…………….at………………… ……………aided A.B in killing himself and thereby committed an offence punishable under section 326(3) of the Criminal Code.

Section 332(1)

  1. That you on the………………………day of……………………… …………………….. at………………unlawfully wounded C.D with intent to maim, disfigure or disable or to do some grievous harm or to resist the lawful arrest of yourself and thereby committed an offence punishable under section 332(1) of the Criminal Code.

Section 338(1)

  1. That you on the………………………day of……………………… ……………at .unlawfully wounded C.D and thereby committed an offence punishable under section 338(1) of the Criminal Code.

Section 360

  1. That you, on the………………day of……………………..at….unlawfully and indecently assaulted M.S and thereby committed an offence punishable under section 360 of the Criminal Code.

Section 402

  1. That you, on the…………………………day of………………….. .at……………….robbed C.D of (state the thing and thereby committed an offence punishable under section 402 of the Criminal Code.

Section 419

  1. That you, on the ……………………… day of…………………… ….at……………..with intent to defraud, obtained from S.P five yards of cloth by falsely pretending that you were a servant to J.S and that you had then been sent by the said J.S to S.P for the said cloth, and that you were then authorised by the said J.S to receive the cloth on behalf of the said J.S and thereby committed an offence punishable under section 419 of the Criminal Code
  2. That you, on the……………………..day of ………………20…… at…………………, with intent to defraud, obtained from A.B …………..by falsely pretending that you were able to double money.
See also  Section 241-250 Administration of Criminal Justice Act 2015 NG

Section 430(1)

  1. That you…………………….on the…………………………day of ………………,…, at…………………, had in your possession one gold watch reasonably suspected of having been stolen or unlawfully obtained and thereby committed an offence punishable under section 430(1) of the Criminal Code.

Section 443

  1. That you, on the…………………..day of………………………… ………………., at……………., wilfully and unlawfully set fire to a house and thereby committed an offence punishable under section 443 of the Criminal Code.

Section 467(2)(i)

14 That you, on the…………………..day of………………………… at………………….., forged an accountable receipt purporting to be the receipt of C.D., and thereby committed an offence contrary to section 467 (2) (i) of the Criminal Code.

CHARGES WITH TWO OR MORE HEADS

  1. First-That you, on the…………………..day of………………………… ………………….., at……………………..unlawfully supplied to C.D (state thing supplied) knowing that it was intended to be unlawfully used to procure the miscarriage of a woman and thereby committed an offence punishable under section 230 of the Criminal Code/Section Penal Code.

Secondly – That you, on or about the…………………………day of………………………… at………………………….unlawfully procured for C.D (state thing procured) knowing that it was intended to be unlawfully used to procure the miscarriage of a woman and thereby committed an offence punishable under section 230 of the Criminal Code.

Section 248

  1. First – That you, on the…………………..day of………………………… ………………., at………………, sold matches made with white (yellow) phosphorus and thereby committed an offence punishable under section 248(a) of the Criminal Code.

Secondly – That you, on the…………………………………………..day of……………………….., at………………………………………..had in your possession for the purposes of sale of matches made with white (yellow) phosphorus and thereby committed an offence punishable under section 248(a) of the Criminal Code.

Section 390

  1. First – That you, on the…………………..day of………………………… ……………… at…………………..stole (state the thing stolen) the property of C.D and thereby committed an offence punishable under section 390 of the Criminal Code.

Secondly – That you, on the…………………..day of………………………… ………………………at……………stole (state the thing stolen) which had been entrusted to you by C.D for you to retain in safe custody and thereby committed an offence punishable under section 390(8) (b) of the Criminal Code.

Thirdly – That you, on the…………………..day of………………………… ………………. at…………………..stole (state the thing stolen) which had been received by you for and on account of C.D and thereby committed an offence punishable under section(8) (c) of the Criminal Code.

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