Section 65-71 of the Administration of Criminal Justice Act 2015
Section 65, 66, 67, 68, 69, 70, 71 of the Administration of Criminal Justice Act 2015 is under PART 5 (PROCEEDING IN ALL CASES SUBSEQUENT TO ORDER TO FURNISH SECURITY) of the Act.
Section 65 Administration of Criminal Justice Act 2015
Commencement of period for which security is required
(1) Where a suspect in respect of whom an order requiring security is made under section 57 of this Act is, at the time the order is made, sentenced to or undergoing a sentence of imprisonment, the period for which the security is required shall commence on the expiration of the sentence.
(2) In other case, the period shall commence on the date of the order unless the Court, for sufficient reason, fixes a later date.
Section 66 Administration of Criminal Justice Act 2015
Conditions of recognizance
The recognizance to be entered into by a suspect under section 57 of this Act, shall bind him to keep the peace or be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the aiding, abetting, counseling, or procuring the commission, anywhere within Nigeria, of an offence punishable with imprisonment, wherever it may be committed, any time during the continuance of the recognizance, shall be a breach of the recognizance.
Section 67 Administration of Criminal Justice Act 2015
Power to reject sureties
A Court may refuse to accept a surety offered under any of the preceding sections on the ground that, for reasons to be recorded by the Court, the surety is an unfit person.
Section 68 Administration of Criminal Justice Act 2015
Procedure on failure of suspect to give security
(1) Where a suspect ordered to give security does not give the security on or before the date on which the period for which the security is to be given commences, he shall, except in the case mentioned in subsection (2) of this section, be committed to prison until the period expires or until within the period he gives the security to the Court that made the order requiring it.
(2) Where a suspect has been ordered by a Magistrate to give security for a period exceeding one year, the Magistrate shall, where the suspect does not give the security so ordered, issue a warrant directing him to be detained in prison pending the orders of the High Court, and the proceedings shall be laid before the Court as soon as practicable.
(3) The High Court, after examining the proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, may make such order in the case as it deems fit.
(4) The period, if any, for which a suspect is imprisoned for failure to give security in any specified amount shall not exceed the term prescribed in respect of a like sum in the scale of imprisonment set out inthe Fourth Schedule to this Act.
(5) Where the security is tendered to the officer in charge of the prison, he shall immediately refer the matter to the Court that made the order and the Court shall forthwith order the release of the suspect.
Section 69 Administration of Criminal Justice Act 2015
Power to release suspect imprisoned for failure to give security
Where a Court is of the opinion that a suspect imprisoned for failing to give security may be released without hazard to the community, the Court may, if he deems fit, order the suspect to be discharged.
Section 70 Administration of Criminal Justice Act 2015
Power of High Court to cancel recognizance
The High Court may at any time, for sufficient reasons to be recorded in writing, cancel any recognizance for keeping the peace or for good behaviour executed under any of the preceding sections by order of any lower court.
Section 71 Administration of Criminal Justice Act 2015
Discharge of sureties
(1) A surety for the peaceable conduct or good behaviour of another suspect may at any time apply to a Court to discharge a recognizance executed under any of the preceding sections within the district or division to which the Court is assigned.
(2) On an application being made, the Magistrate shall, if satisfied there is good reason for the application, issue such summons or warrant, as he thinks fit, requiring the suspect for whom the surety is bound to appear or to be brought before him.
(3) where the suspect appears or is brought before a Magistrate, the Magistrate after hearing the suspect may discharge the recognizance and order the suspectto give, for the unexpired portion of the term of the recognizance, fresh security for the unexpired portion of the same description as the original security.
(4) An order made under subsection (3) of this section shall, for the purposes of sections 65, 66, 67 and 68 of this Act, be deemed to be an order under section 57 of this Act.
