Section 439-451 of the Administration of Criminal Justice Act 2015
Section 439 to 451 of the Administration of Criminal Justice Act 2015 is under PART 42 of the Act. It is about DEPORTATION.
Section 439 Administration of Criminal Justice Act 2015
Meaning of “deport”
In this Part of this Act, “deport” with its grammatical variations and cognate expressions, means the deportation from Nigeria of a person not being a citizen, to his country.
Section 440 Administration of Criminal Justice Act 2015
Court may recommend deportation for offences punishable by imprisonment without option
Where a defendant is convicted of an offence punishable by imprisonment without the option of a fine, the court may, in addition to, or instead of any other punishment make a recommendation to the Minister of Interior that the convict be deported, where it appears to the court to be in the interest of peace, order and good governance.
Section 441 Administration of Criminal Justice Act 2015
Deportation in default of security for the peace
Where, on a sworn information, it appears to a court that there is reason to believe that a person in Nigeria who is not a citizen of Nigeria is about to commit a breach of the peace, or that his conduct is likely to produce or excite a breach of the peace, the court, after due inquiry at which the defendant concerned shall be present, may order him to give security in two or more sureties for peace and good behaviour, and in default, may recommend to the Minister of Interior that the defendant be deported.
Section 442 Administration of Criminal Justice Act 2015
Deportation in case of dangerous conduct
Where it is shown by evidence on oath to the satisfaction of a court that a defendant in Nigeria who is not a citizen:
(a) is conducting or has conducted himself so as to be dangerous to peace and good order;
(b) is endeavouring or has endeavoured to excite enmity between any section of the people of the Federal Republic of Nigeria; or
(c) is intriguing or has intrigued against constituted power and authority in Nigeria, the court may recommend to the Minister of Interior that he be deported.
Section 443 Administration of Criminal Justice Act 2015
Procedure prior to court recommending deportation under sections 441 and 442
(1) Where a defendant required to give security under sections 441 and 442 of this Act, default in so doing and the court contemplates on recommending to the Minister of Interior, the deportation of a defendant to whom section 442 of this Act relates, before making any such recommendation, the court shall require the defendant concerned to attend before the court and being informed of the allegations made against him, be given an opportunity to show cause why he should not be deported.
(2) After considering the representation, if any, of the person concerned and the facts on which the proceedings are founded, the court shall decide whether or not to recommend to the Minister of Interior that the person concerned be deported.
Section 444 Administration of Criminal Justice Act 2015
Procedure for Recommendation of Deportation under sections 441, 442 and 443
Where the court decides to recommend to the Minister of Interior the deportation of any defendant under sections 441, 442 and 443 of the Act, the court shall forward to the Minister of Interior the recommendation together with a report setting out the reasons why the court considers it necessary to make the recommendation and a certified true copy of any of any proceedings relating to it.
Section 445 Administration of Criminal Justice Act 2015
Detention of person concerned
Where a recommendation for deportation has been made in respect of a defendant to whom sections 441 to 443 of this Act relates, such defendant may be detained in custody pending the decision of the Minister of Interior and during such time shall be deemed to be in lawful custody.
Section 446 Administration of Criminal Justice Act 2015
Order of deportation
Subject to sections 440, 444, 445, the Minister of Interior shall in the interest of peace, order and good governance make an order of deportation and issue a written order directing that the defendant be deported to his country.
Section 447 Administration of Criminal Justice Act 2015
Minister of Interior may withhold Order and remit case to Court
Where the Minister of Interior decides that no order of deportation shall be made, he shall inform the Court, the Court shall then proceed to make such order of imprisonment or other punishment as may be authorised by law.
Section 448 Administration of Criminal Justice Act 2015
Citizens of Nigeria shall not be deported
Nothing in the provisions of this part shall authorise a person or authority to deport a citizen of Nigeria to a place outside Nigeria.
Section 449 Administration of Criminal Justice Act 2015
Provisions as to sentence of deportation
Where a defendant ordered to be deported is sentenced to a term of imprisonment, the sentence of imprisonment shall be served before the order of deportation is carried into effect.
Section 450 Administration of Criminal Justice Act 2015
Deportation order may be limited
An order of deportation may be expressed to be in force for a limited time or for an unlimited time or may require the defendant to report himself to the nearest Immigration office or police station at intervals of not less than 30 days.
Section 451 Administration of Criminal Justice Act 2015
Execution of deportation order
(1) An order of deportation shall be sufficient authority to all persons to whom it is directed or delivered for execution to receive and detain the defendant named in the order and to take him to the place named in the order.
(2) Where a defendant leaves or attempts to leave the district or place to which he has been confined prior to deportation while the order of deportation is still in force, without the written consent of the Minister of Interior which consent shall be given subject to any term as to security for good behaviour or otherwise as the Minister of Interior shall deem fit, or wilfully neglects or refuses to report himself as ordered, such person is liable to imprisonment for 6 months and to be again deported on a fresh warrant under the original order or under a new order.