Section 72-79 Administration of Criminal Justice Act 2015 NG

Section 72-79 of the Administration of Criminal Justice Act 2015

Section 72, 73, 74, 75, 76, 77, 78, 79 of the Administration of Criminal Justice Act 2015 is under PART 6 (PUBLIC NUISANCE) of the Act.

Section 72 Administration of Criminal Justice Act 2015

Conditional order for removal of nuisance

Where a court considers, on receiving a police report or other information and on taking such evidence, if any, as it deems fit, that an offence relating to public nuisance is being committed, the court may make a conditional order requiring the suspect:

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(a) within a time fixed in the order to cease committing the offence and to amend or remove the cause of the nuisance in such manner as is specified in the order; or

(b) to appear before the court at a time and place to be fixed by the order and apply to have the order set aside or modified in manner hereinafter provided.

Section 73 Administration of Criminal Justice Act 2015

Service of order

(1) An order made under section 72 of this Act shall if practicable be served on the suspect against whom it is made in manner provided for the service of a summons.

(2) Where an order referred to in subsection (1) cannot be served in the manner laid down in that subsection, it may be served by registered letter through the post, addressed to the suspect against whom it is made at his last known address or, where his last address is not known, then by affixing a notice in some conspicuous place in the town or village or near which the nuisance or offence is being committed.

Section 74 Administration of Criminal Justice Act 2015

Suspect to whom order is addressed to obey or appear before court

A suspect against whom an order under section 72 of this Act is made shall:
(a) perform, within the time and in the manner specified in the order, the act directed by the order; or

(b) appear in accordance with the order and apply to have the order set aside or modified.

Section 75 Administration of Criminal Justice Act 2015

Consequences of failure to obey order or to appear

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Where a suspect against whom an order under section 72 of this Act is made does not perform the act specified in the order or appear and apply to have the order set aside or modified, he is liable, where the act:
(a) offends public safety, to a fine of not less than N100,000.00 for individual and not less than N1,000,000.00 in case of a corporate body or imprisonment for a term of six months; or

(b) threatens human life, to a fine of not less than N200,000.00 for individual and not less than N2,000,000.00 in case of a corporate body or imprisonment for a term of 12 months.

Section 76 Administration of Criminal Justice Act 2015

Procedure where suspect appears

(1) Where a suspect against whom an order under section 72 of this Act is made to appear and applies to have the order set aside or modified, the court shall take evidence in the matter in the same manner as in a summary trial.

(2) Where the court is:
(a) satisfied that the order, with or without modification, is reasonable and proper, the court shall make it absolute with such modification, if any, as the court thinks fit; and

(b) not satisfied, it shall cancel the order.

Section 77 Administration of Criminal Justice Act 2015

Consequences of disobedience to order made absolute

Where the acts directed by an order under section 72 of this Act which is made absolute under sections 75 or 76(2)(a) of this Act is not performed within the time fixed and in the manner specified in the order, the court may cause it to be performed and may recover the cost of performing it either by:
(a) the sale of any building, goods or other property removed by its order; or

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(b) seizure and sale of any other movable property of the person against whom the order under section 72 of this Act was made in manner prescribed in this Act for the recovery of a fine.

Section 78 Administration of Criminal Justice Act 2015

Order pending inquiry

(1) Where the court making an order under section 72 of this Act considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, it may issue such further order to the suspect against whom the order was made as is required to obviate or prevent the danger or injury pending the determination of the matter.

(2) In default of the suspect referred to in subsection (1) of this section immediately disobeying the further order referred to in that subsection or if notice of the order cannot, by the exercise of due diligence, be served on him immediately, the court may use or cause to be used such means as it thinks fit to obviate the danger or to prevent the injury.

Section 79 Administration of Criminal Justice Act 2015

Prohibition of repetition or continuance of nuisance

A court may, in any proceedings under this Part or in any criminal proceedings in respect of a public nuisance, order any suspect not to repeat or continue the public nuisance.

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