Section 93-103 Administration of Criminal Justice Act 2015 NG

28 Oct, 2021 Administration of Criminal Justice Act 2015 0 Comments 0

Section 1-2 Administration of Criminal Justice Act 2015 Section 3-34 Section 35-49 Section 50-64 Section 65-71 Section 72-79 Section 80-85 Section 86-92 Section 93-103 Section 104-106 Section 107-108 Section 109-111 Section 112 Section 113-115 Section 116-135 Section 136-139 Section 140-142 Section 143-157 Section 158-188 Section 189-192 Section 193-215 Section 216-222 Section 223-237 Section 238-240 Section 241-250 Section 251-254 Section 255-269 Section 270-277 Section 278-292 Section 293-299 Section 300-318 Section 319-328 Section 329-332 Section 333-346 Section 347 Section 348-376 Section 377-400 Section 401-414 Section 415 Section 416-437 Section 438 Section 439-451 Section 452 Section 453-467 Section 468 Section 469-476 Section 477-484 Section 485 Section 486-495 First Schedule Second Schedule Third Schedule Fourth Schedule

Section 93-103 of the Administration of Criminal Justice Act 2015

Table of Contents

Section 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, and 103 of the Administration of Criminal Justice Act 2015 is under PART 9 (PLACE OF TRIAL OR INQUIRY) of the Act.

Section 93 Administration of Criminal Justice Act 2015

Venue generally

(1) An offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction:
(a) the offence was wholly or in part committed, or some act forming part of the offence was done;

(b) the consequence of the offence has ensued;

(d) a person against whom, or property in respect of which, the offence was committed is found, having been transported there by the suspect or by a person knowing of the offence.

(2) A criminal charge shall be filed and tried in the division where the alleged offence was committed unless it can be shown that it is convenient to do otherwise for security reasons

(3) The Commissioner of Police shall ensure that one or more armed policemen are posted to provide security during every criminal trial.

Section 94 Administration of Criminal Justice Act 2015

Offence at sea or outside of Nigeria

An offence committed at sea or outside the territory of Nigeria, may be tried or inquired into at any place in Nigeria to which the suspect is first brought, or to which he may be taken thereafter.

Section 95 Administration of Criminal Justice Act 2015

Offence committed on a journey

An offence committed while the suspect is in the course of performing a journey or voyage may be tried or inquired into by a court in the State or division or district of whose jurisdiction the suspect or the person against whom or the thing in respect of which the offence was committed resides, is or passed in the course of that journey or voyage.

Section 96 Administration of Criminal Justice Act 2015

Offence commenced and completed in different States

Where an offence:
(a) is commenced in a State and completed in another State; or

(b) is completed in the Federal Capital Territory, Abuja after being commenced in another State,

the suspect may be dealt with, tried and punished as if the offence had been actually or wholly committed in any of the States, or Federal Capital Territory, Abuja.

Section 97 Administration of Criminal Justice Act 2015

Chief Judge to decide question as to court of inquiry or place of trial

Where a question arises as to which of two or more courts in the Federal Capital Territory, Abuja ought to inquire into or try any offence it shall be decided by the Chief Judge of the Federal Capital Territory, Abuja.

Section 98 Administration of Criminal Justice Act 2015

Chief Judge may transfer a case

(1) The Chief Judge of a High Court may, where it appears to him that the transfer of a case will promote the ends of justice or will be in the interests of the public peace, transfer any case from one court to another:

(2) The power of the Chief Judge referred to in subsection (1) of this section shall not be exercised where the prosecution has called witnesses.

(3) Where the Chief Judge is to exercise this power subsequent to a petition, the Chief Judge shall cause the petition to be investigated by an independent body of not more than three reputable legal practitioners within one week of receipt of such petition.

(4) The investigating body shall submit its report within two weeks of appointment except otherwise specified.

Section 99 Administration of Criminal Justice Act 2015

When cases may be remitted to another court

(1) A court before which a person charged with having committed an offence is brought shall where:
(a) the offence ought to be properly inquired into or tried by another court; or

(b) in the opinion of the court the offence might more conveniently be inquired into or tried by another court, within a reasonable period not exceeding 7 days, send the case and all processes relating to the case to the head of court for re-assignment to that other court, and where appropriate, remand the suspect charged in custody or require him to give security for his attendance before that other court to answer the charges and to be dealt with accordingly.

Section 100 Administration of Criminal Justice Act 2015

Removal under warrant

(1) Where a suspect is to be remanded in custody, a warrant shall be issued by the remitting court and that warrant shall be sufficient authority to any person to whom it is directed to:
(a) receive and detain the suspect named in the warrant; and

(b) produce him to the court to which the suspect charged is remitted.

(2) The person to whom the warrant is directed shall execute it according to its terms without any delay.

Section 101 Administration of Criminal Justice Act 2015

Transfer of case where cause of complaint has arisen out of jurisdiction of court

Where a suspect is:
(a) in custody and the court directing a transfer thinks it expedient that the custody should be continued; or

(b) not in custody, that he should be placed in custody, the court shall, by its warrant, commit the suspect to prison, subject to such security as it may deem appropriate in the circumstances, until he can be taken before a court wherein the cause of complaint arose.

Section 102 Administration of Criminal Justice Act 2015

Court may assume jurisdiction under certain conditions

(1) Notwithstanding the provisions of sections 93 and 98 of this Act, a Judge or Magistrate of a division or district in which a suspect:
(a) is arrested and charged with an offence, alleged to have been committed in another division or district;

(b) is in custody on the charge; or

(c) has appeared in answer to summons lawfully issued charging the offence, may where he considers that justice would be better served and having regards to the accessibility and convenience of the witnesses, proceed to hear the charge, try and punish the suspect as if the offence had been committed in the division or district.

(2) The offence referred in subsection (1) of this section shall for all purposes be deemed to have been committed in that division or district.

Section 103 Administration of Criminal Justice Act 2015

Assumption of jurisdiction after commencement of proceedings

Where a case is commenced in any other division or district than that in which it ought to have been commenced, the court may assume jurisdiction in accordance with the provisions of section 101 of this Act and all acts performed and all decisions given by the court during the trial or any other proceedings shall be deemed to be valid in all respect as if the jurisdiction had been assumed prior to the performance of the acts and the giving of the decisions.

LawGlobal Hub

Search a Keyword!