Section 189-192 Administration of Criminal Justice Act 2015 NG

Section 189-192 of the Administration of Criminal Justice Act 2015

Section 189, 190, 191, and 192 of the Administration of Criminal Justice Act 2015 is under PART 20 (PROPERTY AND PERSONS) of the Act.

Section 189 Administration of Criminal Justice Act 2015

Methods of stating multiple ownership of property

Where in a complaint, summons, warrant of any description, charge sheet, information or any document whatsoever issued by a court in the exercise of its criminal jurisdiction it is necessary to refer to the ownership of any property, whether movable or immovable, which belongs to or is in the possession of more than one person, may if:

(a) the property belongs to, or is in the possession of, more than one person whether as partners in trade or otherwise, joint tenants, tenants in common or other joint owners or possessors, be described in the name of any one of those persons and another or persons;

SEE ALSO  Section 86-92 Administration of Criminal Justice Act 2015 NG

(b) the property belongs to a company, association, club or society, be described, subject to the provisions of any other law, as the property of the official of the company, association, club or society, or as belonging to the company, association, club or society by its legal or registered title;

(c) the property belongs to, or is provided for the use of a public establishment, service or department, be described as the property of the Federation or of the State, as the case may be;

(d) it is necessary to state the ownership of a church, chapel, mosque or building or place set apart for religious worship or of anything belonging to or being in the place, be stated as the property of a person in charge of or officiating in the church, chapel, mosque, or building or place, or thing, without naming him or them;

(e) it is necessary to state the ownership of any money or other property whatsoever in the charge, custody, or under the control of, a public officer, be stated to be the money or property of the Federation or of the State, as the case may be;

(f) where it is necessary to state the ownership of: (i) any work or building made, erected or maintained, either wholly or in part, at the expense of the public revenue or of any part of it; (ii) any township, town, or village or any Local Government, or of anything belonging to or being in or used in relation to the same; (iii) anything provided for the use of any part or of any public institution or establishment, or of any materials or tools provided or used for repairing any work or building or any public road or highway; or (iv) any other property whatsoever, whether movable or immovable, as aforesaid, be sufficient to state as the property of the Federation or of the State or of the town, or village, or of any Local Government, as the case may be, without naming any of the inhabitants of the area or jurisdiction;

SEE ALSO  Section 477-484 Administration of Criminal Justice Act 2015 NG

(g) the property belongs to a woman who has contracted a marriage under the Marriage Act or a marriage recognized as a valid marriage under any law in force in Nigeria, be stated as belonging to the married woman.

Section 190 Administration of Criminal Justice Act 2015

Description of persons in criminal process

(1) Where in a complaint, summons, warrant of any description, charge sheet, information or any document whatsoever issued by a court in the exercise of its criminal jurisdiction, it is necessary to refer to a person, the description or designation of that person shall be such as is reasonably sufficient to identify him except as provided under section 232 of this Act.

(2) It shall not be necessary to state the person’s correct name, or his residence, style, degree, or occupation, so far as the person has been reasonably described to identify him.

(3) Where it is impracticable to give the person’s correct and exact description or designation because the name or the description or designation of the person is not known or for any other reason, the description or designation shall be given as is reasonably practicable in the circumstances, or the person may, subject to subsection (4) of this section, be described as ‘Person Unknown’.

(4) A defendant who is accused of an offence shall not be described as ‘a person unknown’ except in the case of a verdict found on a coroner’s inquisition.

Section 191 Administration of Criminal Justice Act 2015

Remedies of married woman against her husband and others in respect of her person or property

SEE ALSO  Section 416-437 Administration of Criminal Justice Act 2015 NG

A woman who has contracted a valid marriage shall have in her own name against all persons whatsoever, including the husband of the marriage, the same remedies and redress by way of criminal proceedings for the protection and security of her person or her own separate property as if such property belonged to her as an unmarried woman.

Section 192 Administration of Criminal Justice Act 2015

Husband and wife competent as witnesses

In any proceeding taken under the provisions of section 191 of this Act the husband and wife shall be competent and compellable witnesses in accordance with the provisions of the Evidence Act, 2011.

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Inioluwa Olaposi

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