Section 319-328 of the Administration of Criminal Justice Act 2015
Section 319 to 328 of the Administration of Criminal Justice Act 2015 is under PART 32 (COSTS, COMPENSATION, DAMAGES AND RESTITUTION) of the Act.
Section 319 Administration of Criminal Justice Act 2015
Power of court to order payment of expenses or compensation
(1) A court may, within the proceedings or while passing judgment, order that the defendant or convict to pay a sum of money:
(a) as compensation to any person injured by the offence, irrespective of any other fine or other punishment that may be imposed or that is imposed on the defendant or convict, where substantial compensation is in the opinion of the court recoverable by civil suit;
(b) in compensating a bona fide purchaser for value without notice of the defect of the title in any property in respect of which the offence was committed and has been compelled to give it up; and
(c) in defraying expenses incurred on medical treatment of a victim injured by the convict in connection with the offence.
(2) Where the fine referred to in subsection (1) of this section is imposed in a case which is subject to appeal, no payment additional to the fine shall be made before the period allowed for presenting the appeal has elapsed or, where an appeal is presented, before the decision on the appeal.
(3) Order for cost or compensation may be made under this section irrespective of the fact that no fine has been imposed on the defendant in the judgment.
Section 320 Administration of Criminal Justice Act 2015
Payment to be taken into consideration in subsequent civil suit
(1) At the time of awarding compensation in any subsequent civil suit relating to the same matter the court shall take into consideration any sum paid or recovered as compensation under this section.
(2) The pendency of criminal proceedings shall not be a bar to a civil action in respect of the same subject matter.
Section 321 Administration of Criminal Justice Act 2015
Power of court to order restitution
A court after conviction may adjourn proceedings, to consider and determine sentence appropriate for each convict:
(a) in addition to or in lieu of any other penalty authorised by law, order the convict to make restitution or pay compensation to any victim of the crime for which the offender was convicted, or to the victim’s estate; or
(b) order for the restitution or compensation for the loss or destruction of the Victim’s property and in so doing the court may direct the convict: (i) to return the property to the owner or to a person designated by the owner; (ii) where the return of the property is impossible or impracticable, to pay an amount equal to the value of the property; or (iii) where the property to be returned is inadequate or insufficient, to pay an amount equal to the property calculated on the basis of what is fair and just.
Section 322 Administration of Criminal Justice Act 2015
Cost against private prosecutor
(1) The court may, in a proceeding instituted by a private prosecutor or on a summons or complaint of a private person, on acquittal of the defendant, order the private prosecutor or person to pay to the defendant such reasonable costs as the court may deem fit.
(2) In this section, “private prosecutor” does not include a person prosecuting on behalf of the State, a public officer prosecuting in his official capacity and a police officer.
Section 323 Administration of Criminal Justice Act 2015
Compensation in cases of false and vexatious accusation
(1) Where a person causes the arrest, or arrest and charge of a defendant or defendants and it appears to the Court that there was no sufficient ground for causing the arrest, or that the accusation is false, vexatious or frivolous, it may for reason recorded order the person to pay reasonable compensation to the defendant or defendants arrested or arrested and charged.
(2) The Court may, in default of payment of such compensation or any part of it, award a term of imprisonment against the person against whom the order was made, for any term not exceeding the term prescribed in respect of a like sum in the scale of imprisonment set out in this Act or the Court may sentence the person to Community Service in accordance with section 462 of this Act.
(3) Subject to the provisions of the Constitution relating to appeals, a person against whom an order for payment of compensation is made under this section may appeal against the order as if he had been convicted after trial by the Court that issued the order.
Section 324 Administration of Criminal Justice Act 2015
Injured person may refuse to accept compensation, but payment of compensation is bar to further liability
(1) A person to whom compensation is awarded may refuse to accept the compensation.
(2) Where the person receives the compensation or where the convict, having been ordered to pay compensation, suffers imprisonment for non-payment, the receipt of the compensation, or the undergoing of the imprisonment, as the case may be, shall act as a bar to any further action for the same injury.
(3) Before making an order for compensation under this Act, the court shall explain the full effect of this section to the person to whom compensation is payable.
Section 325 Administration of Criminal Justice Act 2015
Monies paid as compensation, recoverable as fines
Any compensation ordered to be paid under this Act or any other Act, relating to any criminal proceedings, may be enforced as if it were a fine.
Section 326 Administration of Criminal Justice Act 2015
Warrant for levy of fine
(1) Where a convict is ordered to pay a fine, or a defendant is ordered to pay compensation to another person under section 319 of this Act, or a person is subject to recovery of penalty for forfeiture of a bond under this Act, the Court passing the sentence or making the order may, notwithstanding that, in default of the payment of the fine or compensation or penalty, the convict or defendant may be imprisoned, issue a warrant for the levy of the amount by any means permitted by law, including:
(a) the seizure and sale of any movable property belonging to the defendant or convict;
(b) the attachment of any debts due to the defendant or convict; and
(c) subject to the provisions of the Land Use Act (Cap.L5 LFN 2004), by the attachment and sale of any immovable property of the convict situated within the jurisdiction of the court.
(2) A warrant for seizure and sale of the movable property of a person under this section shall be addressed to the court within whose jurisdiction it is to be executed.
(3) Where execution of a warrant is to be enforced by attachment of debts or sale of immovable property, the warrant shall be sent for execution to any court competent to execute orders for the payment of money in civil suits and the court shall follow the procedure for the time being in force for the execution of such orders.
Section 327 Administration of Criminal Justice Act 2015
Powers of court when convict is sentenced to only fine
(1) Where a convict has been ordered by Court to pay a fine with or without a sentence of imprisonment in default of payment of the fine, the Court authorised by section 326 of this Act to issue a warrant may, exercise any of the following powers:
(a) allow time for payment of the fine;
(b) direct that the fine be paid by installments;
(c) postpone the issue of a warrant under section 326 of this Act;
(d) without postponing the issue of a warrant under section 326 of this Act, postpone the sale of any property seized under the warrant;
(e) postpone the execution of the sentence of imprisonment in default of payment of the fine.
(2) An order made in the exercise of the powers referred to in subsection (1) of this section may be made subject to the convict giving such security as the court may consider fit, by means of a bond with or without sureties, in which case, the bond may be conditioned either for the payment of the fine in accordance with the order or for the appearance of the convict as required in the bond or both.
(3) The Court may also, in the exercise of the powers referred to in subsection (1) of this section, order that the execution of the sentence of imprisonment on a convict who has been committed to prison in default of payment of a fine, be suspended and that he be released but only subject to the convict giving security as specified in subsection (2) of this section.
(4) Where the fine or any instalment of the fine not being paid in accordance with an order under this section, the authority making the order may enforce payment of the fine or of the balance outstanding, by any means authorised in this Act and may cause the offender to be arrested and may commit or recommit him to prison under the sentence of imprisonment in default of payment of the fine.
Section 328 Administration of Criminal Justice Act 2015
Wrongful conversion or detention of property and award of damages
(1) Where in a charge of an offence relating to property and the Court is of the opinion that the evidence is insufficient to support the charge, but that it establishes wrongful conversion or detention of property, the Court may order that such property be restored and may also award reasonable damages to the person entitled to the property.
(2) The damages awarded under this section, shall be recovered in like manner, as prescribed in section 325 of this Act.
