Section 333-346 Administration of Criminal Justice Act 2015 NG

Section 333-346 of the Administration of Criminal Justice Act 2015

Section 333 to 346 of the Administration of Criminal Justice Act 2015 is under PART 34 (SEIZURE, FORFEITURE, CONFISCATION AND DESTRUCTION OF INSTRUMENTALITY OF CRIME) of the Act.

Section 333 Administration of Criminal Justice Act 2015

Seizure of things intended to be used in commission of crime

The court may:
(a) order the seizure of any instrument, material or thing which there is reason to believe are provided or prepared, or being prepared, with a view to the commission of an offence triable by the court; and

(b) direct the instrument, material or thing to be forfeited, confiscated, held or otherwise dealt with in the same manner as property under section 336 of this Act.

Section 334 Administration of Criminal Justice Act 2015

Destruction of seditious, prohibited or obscene publications and of obscene objects

(1) Upon a conviction for an offence relating to obscene publication, the court may order the confiscation and destruction of all the copies of the publication or thing, including those that remain in the possession or power of the convict.

(2) Upon arrest for an offence relating to adulterated or unfit food, drink or drug, the court may order the confiscation and destruction of the food, drink or drug, including such other adulterated or unfit items in the possession or power of the defendant.

Section 335 Administration of Criminal Justice Act 2015

Search warrant may be used to search for things subject to sections 333 or 334

Where a court is satisfied by information on oath, that there is reasonable ground for believing that there is in the Federal Capital Territory, Abuja in any building, ship, carriage, receptacle or place, anything in respect of which an order may be made under section 333 or 334 of this Act, the court may issue a search warrant to search for the thing and where the thing is found, it shall be brought before a court and dealt with as that court may deem proper.

Section 336 Administration of Criminal Justice Act 2015

Restoration of possession of immovable property

(1) Where a defendant is convicted of an offence carried out by criminal force, and it appears to the court that by that force a victim has been dispossessed of any immovable property, the court may, if it deems fit, order the possession of the property to be restored to the victim.

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

(2) An order under this section shall not prejudice any right or interest to or in the immovable property which a victim, including the convict, may be able to establish in a civil suit.

Section 337 Administration of Criminal Justice Act 2015

Procedure on seizure of property taken during arrest or investigation or stolen

(1) The seizure by the police of property taken during arrest or investigation under this Act, or alleged or suspected to have been stolen or found in circumstances which create a suspicion of the commission of an offence, shall, within a period not exceeding 48 hours of the taking of the property or thing, be reported to a court, and the court shall make an order in respect of the disposal of the property or its delivery to the person entitled to its possession or such other orders as it may deem fit in the circumstances.

(2) Where the person entitled to the possession of property referred to in subsection (1) of this section is unknown, the court may detain it and shall issue a public notice specifying the articles of which the property consists and requiring any person who may have a claim to it, to appear before the court and establish his claim within six months from the date of the notice.

Section 338 Administration of Criminal Justice Act 2015

Procedure where owner of property seized is unknown

(1) Where no person within the period referred to in section 337 of this Act establishes his claim to property referred to in that section and where the person in whose possession the property was found is unable to show that it was lawfully acquired by him, the property shall be at the disposal of the court and may be sold in accordance with the order of the court and proceed forfeited to the Federal Government of Nigeria.

(2) At any time within six years from the date of the property coming into the possession of the police, the court may, direct the property or the proceeds of the sale of the property to be delivered to any person proving his title to it, on payment by him, of any expenses incurred by the court in the matter.

Section 339 Administration of Criminal Justice Act 2015

Power to sell perishable property

Where the person entitled to the possession of property referred to in section 337 of this Act is unknown or absent and the property is subject to speedy decay or, for the benefit of the owner, the court may, at any time direct it to be sold and the provisions of sections 337 and 338 of this Act shall, as nearly as may be practicable, apply to the net proceeds of the sale.

Section 340 Administration of Criminal Justice Act 2015

Payment to innocent person of money found on defendant

Where a defendant is convicted of an offence relating to property and it is proved that a person has bought the stolen property from him without knowing or having reason to believe that the property was stolen, and that money has, on the arrest of the convict been taken out of his possession, the court may:
(a) on the application of the purchaser; and

(b) on the restitution of the stolen property to the person entitled to the possession, order that out of the money a sum not exceeding the price paid by the purchaser, shall be delivered to him.

SEE ALSO  Section 377-400 Administration of Criminal Justice Act 2015 NG

Section 341 Administration of Criminal Justice Act 2015

Restitution and disposition of property found on defendant

Where, on the arrest of a defendant charged with an offence, any property, other than that used in the commission of the offence, is taken from him, the court before which he is charged may order that the property or any part of it be:
(a) restored to the person who appears to the court to be entitled to it, and, where he is the person charged, that it be restored either to him or to such other person as he may direct;

(b) applied to the payment of any costs or compensation directed to be paid by the defendant charged.

Section 342 Administration of Criminal Justice Act 2015

Restitution of stolen property

(1) Where a defendant is convicted of an offence relating to property, the court convicting him may order that the property or a part of it, be restored to the person who appears to it to be the owner of it, either on payment or without payment by the owner, to the person in whose possession the property or a part of it then is, of any sum named in the order.

(2) This section does not apply to:
(a) a valuable security which has been paid or discharged in good faith by a person liable to pay or discharge the instrument; or

(b) a negotiable instrument which has been received in good faith by transfer or delivery by a person for a just and valuable consideration without notice or without any reasonable cause to suspect that it had been stolen.

Section 343 Administration of Criminal Justice Act 2015

Destruction of articles relating to counterfeiting where charge is laid

Where a defendant is charged with an offence relating to counterfeit coin and in that defendant’s possession, actual or constructive, was found a counterfeit coin or thing intended to be used for the purpose of making counterfeit coins, then, whether the charge proceeds to conviction or not, the coin or thing shall not be returned to the defendant charged or to the person from whom it was taken but shall be destroyed in such a manner as the court may order.

Section 344 Administration of Criminal Justice Act 2015

Destruction of articles relating to counterfeiting where no charge is laid

(1) Where a person comes into possession of a currency, which he believes to be counterfeit which in his opinion, is to be used for the purpose of making counterfeit coins, he may hand the coin, or thing to any officer of the Central Bank of Nigeria designated by the Bank to receive it, or to any police officer not below the rank of an inspector, and the officer of the Central Bank of Nigeria, or police officer if satisfied that the currency:
(a) is not counterfeit, or that is not intended to be used for the purpose of making counterfeit currency shall return the coin or thing, as the case may be, to the person purporting to be the owner of it, if known; and

(b) is counterfeit or is intended to be used for the purpose of making counterfeit coins and if no charge is to be preferred against a person in connection with the coin or thing, may destroy, or cause to be destroyed the coin or thing in such manner and by such persons as may be approved by the Central Bank of Nigeria.

(2) Notice of an action to be taken under subsection (1)(a) of this section shall have been given to the person who appears to be the owner of a currency, matter or thing, where the person is known and can easily be found, that the coin or thing will be destroyed at the end of a specified number of days unless the owner shows that the currency is not counterfeit or that the thing is not intended to be used for the purpose of making counterfeit currency.

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(3) A reasonable time shall be allowed for the person to provide proof that the coin is not counterfeit or that the thing is not intended to be used for the purpose of making counterfeit currency and the person who alleges that he is the owner of or otherwise entitled to the currency or thing shall have no claim against the officer of the Central Bank of Nigeria, police officer or the Federal Government in respect of the coin or thing so destroyed.

Section 345 Administration of Criminal Justice Act 2015

Detention and destruction of counterfeit currency, etc.

(1) Subject to the provisions of this section, sections 343 and 344 of this Act shall apply in relation to notes purporting to be legal tender in Nigeria as those sections apply in relation to currency.
(2) Any currency, matter or thing shall not be destroyed by virtue of the provisions of this Part except:
(a) a court orders its destruction, in connection with a conviction for an offence;

(b) it appears to a Magistrates’ court having jurisdiction in the place where the note, coin, matter or thing is for the time being situated, on an application made in accordance with rules of court, that the existence of the note, coin, matter or thing involves a breach of the law and the court makes an order for its forfeiture and destruction accordingly; or

(c) in the absence of a conviction for an offence in respect of the note, coin, matter or thing and any pending prosecution for the offence, and of an order or pending application for an order for its forfeiture, the note, coin, matter or thing: (i) has been voluntarily surrendered by the person having possession of it, to the proper official of the Central Bank of Nigeria or a superior police officer; or (ii) is discovered in a lodgment made with the Central Bank by a commercial bank.

Section 346 Administration of Criminal Justice Act 2015

Mode of dealing with forfeiture not pecuniary

Subject to the express provisions of any law, an article, not pecuniary, forfeited in respect of a summary conviction offence or the seizure, forfeiture or disposition of which may be enforced by the court may be sold or disposed of in such manner as the court may direct, and the proceeds of the sale shall be applied in the like manner as if the proceeds were a penalty imposed under the law on which the proceedings for the forfeiture is founded.

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Inioluwa Olaposi

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