Section 35-49 Administration of Criminal Justice Act 2015 NG

Section 35-49 of the Administration of Criminal Justice Act 2015

Section 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, and 49 of the Administration of Criminal Justice Act 2015 is under PART 3 (WARRANTS) of the Act.

Section 35 Administration of Criminal Justice Act 2015

General authority to issue warrant

Where under a law, there is power to arrest a suspect without warrant a warrant for his arrest may be issued.

Section 36 Administration of Criminal Justice Act 2015

Form and requisites of warrant of arrest

(1) A warrant of arrest issued under this Act or, unless the contrary is expressly provided under any other law, shall:

(a) bear the date of the day of issue;

(b) contain all necessary particulars; and

(c) be signed by the Judge or Magistrate by whom it is issued.

(2) A warrant shall state concisely the offence or matter for which it is issued and shall name or otherwise describe the suspect to be arrested, and it shall order the police officer or officers to whom it is directed to arrest the suspect and bring him before the court to answer the complaint or statement, or to testify or otherwise be dealt with according to the circumstances of the case, and to be further dealt with according to law.

Section 37 Administration of Criminal Justice Act 2015

Warrant issued on complaint only if on oath

See also  Section 93-103 Administration of Criminal Justice Act 2015 NG

A warrant of arrest shall not be issued in the first instance in respect of any complaint or statement unless the complaint or statement is on oath either by the complainant himself or by a material witness.

Section 38 Administration of Criminal Justice Act 2015

Warrant may be issued on any day

Section 39 Administration of Criminal Justice Act 2015

Warrant, to whom directed and duration

(1) A warrant of arrest may be directed to a police officer by name or to all police officers.
(2) It is not necessary to make a warrant of arrest returnable at any particular time and a warrant shall remain in force until it is executed or until a Judge or a Magistrate cancels it.
(3) Where a warrant of arrest has been executed and the suspect arrested has been released, the warrant shall no longer be valid authority for re-arresting the suspect.

Section 40 Administration of Criminal Justice Act 2015

Warrant of arrest may in exceptional cases be directed to other persons

(1) A court issuing a warrant of arrest may, if its immediate execution is necessary and no police officer is immediately available, direct it to some other person or persons and the person or persons shall execute the same.
(2) A person, when executing a warrant of arrest directed to him, shall have all the powers, rights, privileges and protection given to or afforded by law to a police officer executing a warrant of arrest and shall conform with the requirement placed by law on a police officer.

Section 41 Administration of Criminal Justice Act 2015

Public summons for person absconding

Where a court has reason to believe, whether after evidence or not, that a suspect, against whom a warrant of arrest has been issued by itself or by any court or Justice of the Peace, has absconded or is concealing himself so that the warrant cannot be executed, the court may publish a public summons in writing requiring that person to appear at a specific place and a specific time not less than 30 days from the date of publishing the public summons.

Section 42 Administration of Criminal Justice Act 2015

Publication of public summons

(1) A public summons shall be published-
(a) in a newspaper that enjoys wide circulation or circulated in any other medium as may be appropriate;

(b) by affixing it to some conspicuous part of the house or premises or to some conspicuous place in the town or village, in which the person ordinarily resides; or

(c) by affixing a copy to some conspicuous part of the High Court or Magistrate’s Court building.

(2) A statement in writing from the Judge of the High Court or a Magistrate to the effect that the public summons was duly published on a specified day shall be conclusive evidence that requirements of this section have been complied with and that the public summons was published on such day.

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

Section 43 Administration of Criminal Justice Act 2015

Execution of warrant and procedure

(1) A warrant of arrest may be executed on any day, including a Sunday or public holiday.

(2) A warrant of arrest may be executed by any police officer at any time and in any place in any State other than within the actual court room in which a court is sitting.

(3) The Police officer executing a warrant of arrest shall, before making the arrest, inform the suspect to be arrested that there is a warrant for his arrest unless there is reasonable cause for abstaining from giving the information on the ground that it is likely to occasion escape, resistance, or rescue.

(4) A suspect arrested on a warrant of arrest shall, subject to the provisions of the Constitution of the Federal Republic of Nigeria, sections 44 and 45 of this Act be brought before the court that issued the warrant of arrest.

Section 44 Administration of Criminal Justice Act 2015

Power to arrest on warrant but without the warrant

A warrant of arrest may be executed notwithstanding that it is not in the possession at the time of the person executing the warrant but the warrant shall, on the demand of the suspect, be shown to him as soon as practicable after his arrest.

Section 45 Administration of Criminal Justice Act 2015

Court may direct particulars of security to be taken on execution of warrant

(1) A court, on issuing a warrant for the arrest of a suspect in respect of a matter other than an offence punishable with death, may, if it thinks fit by endorsement on the warrant, direct that the suspect named in the warrant be released on bail on his entering into such a recognizance for his appearance as may be required in the endorsement.

(2) The endorsement shall specify:
(a) the number of sureties, if any;

(b) the amount in which they and the suspect named in the warrant are, respectively, to be bound; or are to provide as cash security on the request of the surety or suspect;

(c) the court before which the arrested suspect is to attend; and

(d) the time at which the suspect is to attend, including an undertaking to appear at a subsequent time as may be directed by any court before which he may appear.

(3) Where an endorsement is made, the officer in charge of a police station to which on arrest the suspect named in the warrant is brought, shall discharge him on his entering into a recognizance, with or without sureties approved by that officer, in accordance with the endorsement, conditioned for his appearance before the court and at the time and place named in the recognizance.

(4) Where security is taken under this section the officer who takes the recognizance shall cause it to be forwarded to the court before which the suspect named in the recognizance is bound to appear.

See also  First Schedule Administration of Criminal Justice Act 2015 NG

(5) Subject to the provisions of section 46 of this Act, the provisions of subsections (3) and (4) of this section shall not have effect with respect to a warrant executed outside Nigeria.

Section 46 Administration of Criminal Justice Act 2015

Procedure on arrest of suspect outside division or district of court issuing warrant

(1) Where a warrant of arrest is executed in a State outside the division or district of the court by which it was issued, the suspect shall, unless security is taken under section 45 of this Act, be taken before the court within the division or district in which the arrest was made.
(2) The court shall, if the suspect, on such inquiry as the court considers necessary, appears to be the suspect intended to be arrested by the court which issued the warrant, direct his removal in custody to that court, but if the suspect has been arrested in respect of any matter other than an offence punishable with death and:
(a) is ready and willing to give bail to the satisfaction of the court within the division or district of which he was arrested; or

(b) where a direction had been endorsed under section 45 of this Act on the warrant and the suspect is ready and willing to give the security required by the direction, the court shall take bail or security, as the case may be, and shall forward the recognizance, if such be entered into, to the court, which issued the warrant.

(3) Nothing in this section is deemed to prevent a police officer from taking security under section 30 of this Act.

Section 47 Administration of Criminal Justice Act 2015

Warrant issued by the Federal High Court

(1) A warrant of arrest issued by a Federal High Court sitting anywhere in Nigeria may be executed in any part of Nigeria.
(2) A warrant issued under this section may be executed in accordance with section 44 of this Act.

Section 48 Administration of Criminal Justice Act 2015

Re-arrest of suspect escaping

Whereas suspect in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued or any other person may pursue and re-arrest him in any place in Nigeria.

Section 49 Administration of Criminal Justice Act 2015

Provisions of sections 12 and 13 to apply to arrests under section 48

The provisions of sections 12 and 13 of this Act shall apply to arrests under section 48 of this Act, although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

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