Section 80-85 of the Administration of Criminal Justice Act 2015

Section 80, 81, 82, 83, 84, and 85 of the Administration of Criminal Justice Act 2015 is under PART 7 (ATTACHMENT WHERE A PERSON DISOBEYS SUMMONS OR WARRANT) of the Act.

Section 80 Administration of Criminal Justice Act 2015

Attachment of property of suspect absconding

A Judge or a Magistrate may, at any time after action has been taken under section 41 of this Act or on an application made in that regard after summons or warrant has been issued but disobeyed, order the attachment of any property, movable or immovable or both, belonging to a suspect the subject of the public summons or warrant.

Section 81 Administration of Criminal Justice Act 2015

Order to attach property

(1) An order under section 80 of this Act shall authorize a public officer named in it to attach any property belonging to a suspect named in the order as the owner of the property within the area of jurisdiction of the Judge or Magistrate by seizure or in any other manner by which for the time being the property may be attached by way of civil process.

(2) Where, a suspect who is the subject of an order does not appear within the time specified in the public summons, the property under attachment shall be at the disposal of the court.

(3) Any property under attachment shall not be sold until the expiration of three months from the date of the attachment unless it is subject to speedy decay or the Judge or Magistrate considers that the sale would be for the benefit of the owner, in either of which cases the Judge or Magistrate may cause it to be sold whenever he thinks fit.

Section 82 Administration of Criminal Justice Act 2015

Restoration of attached property

(1) Where within one year from the date of the attachment, a suspect, whose property is or has been at the disposal of the Court under section 80 of this Act, appears voluntarily or being arrested is brought before the Court and proves to its satisfaction that he:
(a) did not abscond or conceal himself for the purpose of avoiding execution of the warrant; and

(b) had no notice of the public summons or warrant as to enable him to attend within the time specified therein,that property, so far as it has not been sold, and the net proceeds of any part of it which has been sold shall, after satisfying from the proceeds all costs incurred in consequence of the attachment, be delivered to him.

(2) Where after one year from the date of attachment, the suspect whose property is attached or has been at the disposal of the court does not appear voluntarily, the property or the net proceed of its sale shall be forfeited to the Federal or State Government as the case may be.

Section 83 Administration of Criminal Justice Act 2015

Issue of warrant in lieu of or in addition to summons

(1) A court or Justice of the Peace empowered by this Act to issue a summons for the appearance of a suspect may, after recording reasons in writing, issue a warrant for his arrest in addition to or instead of the summons where:
(a) whether before or after the issue of the summons, the court or Justice of the Peace sees reason to believe that the suspect has absconded or will not obey the summons; or

(b) at the time fixed for his appearance, the suspect fails to appear and the summons is proved to have been duly served in time to allow for his appearance and no reasonable excuse is offered for his failure to appear.

(2) A court or Justice of the Peace empowered by this Act to issue a warrant for the arrest of a suspect may issue a summons in place of a warrant where he thinks fit.

Section 84 Administration of Criminal Justice Act 2015

Power to take bond for appearance

Where a suspect for whose appearance or arrest a summons or warrant may be issued is present before a court or Justice of the Peace, the court or Justice of the Peace may require him to execute a bond, with or without sureties, for his appearance before a court.

Section 85 Administration of Criminal Justice Act 2015

Provisions of this chapter generally applicable to summons and warrant

The provisions contained in this Part relating to summonses and warrants and their issue, service and execution shall, so far as may be, apply to every summons and every warrant issued under this Act.