Stella Dimoko Korkus.com: Selected Sections Of The Administration Of Justice Act That You May Need To Note..

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Tuesday, 11 October 2016

Selected Sections Of The Administration Of Justice Act That You May Need To Note..

1. The Administration of Criminal Justice Act (2015) is the procedural law that guides the activities of all federal investigating and prosecutorial agencies like the police, EFCC, ICPC, DSSS,etc., as well as the Federal High Court, High Court of the FCT, National Industrial Court, Code of Conduct Tribunal, etc.



2. Any action taken by any prosecutorial agency either during investigation or prosecution must be in line with the ACJA

3. Under the ACJA, there is no time limit or time frame when a person can be arrested. There is no day that a person cannot be arrested.

4 Sections 12 (2) and 13 ACJA gives a law officer the power to break into and out of any house for the purpose of arresting a suspect who fails to let the arresting officer in.

5 Section 43 (1) ACJA provides that : "A warrant of arrest may be executed on any day, including a Sunday or public holiday."

6. The person arresting may not necessarily be the person to prosecute. A private person may arrest a suspect and hand him over to a prosecuting authority(Section 23 ACJA).


8. A person may be arrested notwithstanding that the person arresting him is not in possession of an arrest warrant on demand, but can show the warrant as soon as practicable. Section 44 ACJA.

9. "A warrant of arrest issued by a Federal High Court sitting anywhere may be executed in any part of Nigeria." Section 47 (1) ACJA.

10. A search warrant can be executed by anyone to whom it is directed 
(Section 147 ACJA)

.
11. "A search warrant may be issued and executed at any time on any day, including a Sunday or public holiday."(Section 148).


OTHER FACTS TO NOTE....
1. No judicial officer has immunity against, arrest, search, investigation and/or prosecution in respect of an allegation of crime. Apart from the President, vice president, Governor and a Deputy Governor, no other person has immunity from arrest and/or prosecution.

2. The National Judicial Commission (NJC) is responsible for the appointment, discipline/punishment of judicial officers only in respect of breach of judicial ethics, and not crime.

3. Even where a judicial officer has been sanctioned by the NJC for any misconduct, the state still reserves the right to prosecute the erring officer if his misconduct amounts to a crime.


As seen on Facebook.


22 comments:

Adadioramma said...

No time to read, not interested.

General Zod said...

Good argument. But it's laughable because which judicial officers will issue a warrant of arrest for the arrest of a Justice of the Supreme Court. ACJA is applicable only in the FCT, Abuja. At the end of the day it cannot excuse lawlessness. There was no Warrant of Arrest validating the detention of the Justices because it is only a Judicial Officer that can issue same.
It just goes to show that even when you know your rights in a country like Nigeria, it does nothing for you in the face of thuggery. If Justices like this can be apprehended like common criminals, how would the lesser man feel safe?

Ginika Loveth said...

Hmmmm
All animals are equal, but some are equal than others.

Loveme Jeje said...

Na dem sabi

edDREAMZ said...

a.k.a EDWIN CHINEDU AZUBUKO said...
.
Seen....
.
.
***CURRENTLY IN JUPITER***

Ahmodu-rufai Danmola said...

Arrest them all. Thousands of people are awaiting trial in nigeria prison that are innocent.

Cindy Babs said...

That's the Law. Res Ipsa loquitor

Anonymous said...

Stella , leave law for the learned. Next time, get a lawyer to write legal stuff for u.

1) Search Warrants are executed between 6:00 AM and 6:00 PM except on weekends.
2) Search Warrants are valid only if issued by a court of competent jurisdiction.
3) Search Warrants obtained in one State of Nigeria cannot be executed in another State excepted it is endorsed by a Magistrate or Judge equal in rank to the one that issued the Warrant.
4) Only two or three agencies in Nigeria are charged with the investigation of corruption cases namely the EFCC, the ICPC and the Nigeria Police.
5) Politically Exposed Persons (PEPs) and VIPs who do not constitute a flight risk are usually invited to appear before investigation Agencies.
6) The National Judicial Commission (NJC) is the only body empowered to sanction Judges and Justices found wanting in the discharge of their duties.
7) A current Governor is the Chief Security Officer of his State.
8) A current Governor enjoys immunity in terms of prosecution and the inviolability of his person.
9) The Judges in question have issued unfavourable judgements against the arresting Agency in the past, thus casting aspersions on the motive for their arrest.
ISSUES FOR DETERMINATION
1) Did the arresting Agency actually procure an Arrest Warrant from a Court of competent jurisdiction?
2) Did the arresting Agency adhere to the rules governing the procurement and execution of a Search Warrant?
3) Did the arresting Agency exhaust the option of extending an invitation to the suspects before procuring the Arrest Warrant?
4) Did the arrested suspects at any time pose the risk of taking to flight?
5) Does the arresting Agency not have people at all the land, sea and air borders to prevent an escape of the suspects?
6) Did the arresting Agency at any time write a letter to the National Judicial Commission (NJC) highlighting the offences committed by the suspects and demanding their release for an interview?
This Court reserves judgement in this matter. I will rise.
Culled from NBA group-Facebook

Sdk henchman said...

Good to know

Kzy Brown said...

wow... this simply shows that DSS acted within the ambit of the law...and people were saying PMB is being vindictive, dictatorial, and draconian.
it's time the Judiciary got cleansed. Nice move

zion baby said...

Ok naa

Morgana said...

Wow....thanks for this Stella

Anonymous said...

An amicus can bring an alleged misconduct to the notice of the NJC, it doesn't necessarily have to come from the judiciary. The judiciary is what holds the vestiges of our democracy, if that is also trampled on what hope remains for the masses? The NJC is a body set up by the constitution to handle the misconduct of our judges, it's made up of competent members capable of making an informed decision. If we are in a constitutional supremacy, isn't this arrest inconsistent with the provisions of th constitution? Cos what's been alleged here is professional misconduct which is NJC jurisdiction. If the NJC find them guilty, they will be sanctioned accordingly, and if criminally liable, they would be tried in court. If we indeed practice a democracy in this country, we should have respect for the rule of law.

👎 said...

Who gives a fuck what u think adadionamma?!

youngman said...

The person that wrote this. God bless you. These are things I say every so often. But be rest assured that some people will turn these things into an argument. Yet none is arguable. These are laws and not suggestions. They are powers given by law and so no argument can change it except they are expunged from the laws. Our people are mainly educated illiterates, from the way they argue. Sentiments don't overide written law. Our people are mainly evil who care less about truth but want to let evil fester by burying the truth and covering with senseless sentimental arguments.

I lagh when I here people ask what time is it that you are coming for arrest in the night, yet all these attitudes by our people merely increase the collateral damage during enforcement and people shout.

Tell me does the judges and lawyers talking trash on this case not know these laws above. Is there any day we laymen don't hear about this ACJ law?. Honestly, Nigeria has no Hope because people outside government actively encourage and support those in government to keep raping us.

Imagine for example, a person who knows nothing about medicine openly advicing a gullible, impressionable young lady who, by the way, has chosen to seek medical advice from chalartans rather than go to a medical fscilty for check up first,to go into sex just to encourage immorality. Have you gone to check whether she has a medical condition that predisposes to her menstrual pain? Do some sexually active girls not have menstrual pain? Solution by engaging in immoral sex and solution by other means, which has a worse side effect and better benefit to the girl, God and man?

teetee said...

Yes wat u wrote up there z ryt @ anon, bt wat stella wrote are d innovations dat were brought in by the new ACJA. I bet u don't have a copy, go grab one and read it up. I am sure u dnt stay in Abuja, i noticed most lawyers practising in states other than Abuja are not familiar wt d ACJA 2015

Cindy Babs said...

The questions to ask are:First, are judicial officers in Nigeria immune from the criminal justice system? Second, is it mandatory for security agencies to seek the consent/intervention of the National Judicial Council (NJC) before investigating, arresting, detaining or prosecuting a judicial officer over alleged crimes?
The only constitutional provision relating to immunity from civil and criminal proceedings and processes for certain public office holders in Nigeria is Section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (hereinafter referred to as the Constitution). Based on that provision, only the President, the Vice President, Governors and Deputy Governors are shielded from civil and criminal proceedings. Judicial Officers from the Chief Justice of Nigeria (CJN) to High Court Judges do not enjoy any special protection from criminal proceedings and processes. Immunity cannot be inferred, it must be specifically granted.
Those suggesting that judicial officers in Nigeria are entitled to special protection or immunity should be kind enough to cite the enabling constitutional or statutory provision that supports their position. The truth is that there is none.
Secondly,The NJC is one of the institutions established by Section 153 of the Constitution. The power of the Council is provided for in Paragraph 21 of the Third Schedule to the Constitution. The NJC is empowered inter alia, to recommend the removal from office of judicial officers and exercise disciplinary control over them. By virtue of Section 158 (1) of the Constitution, the NJC is guaranteed constitutional independence and is not subject to the control of any other authority or person when exercising its disciplinary control.
There is no dispute on the disciplinary control of the NJC over judicial officers. What is disputed by some legal commentators is the extent of the disciplinary control. Is it correct to aver that no criminal proceedings or action can be initiated or taken against a judicial officer except on the invitation/directive of the NJC? Section 308 of the Constitution as evidently enshrined therein is to protect ONLY the President, Vice President, Governors and Deputy Governors from arrest, detention and prosecution. I submit that any construction on the disciplinary power of the NJC that tends to shield judicial officers from arrest, detention and prosecution will automatically defeat the purpose of Section 308 of the Constitution.
It is my humble view that where the wrongful act of a judicial officer is merely a misconduct and nothing more, the NJC is vested with the power to recommend such offending judicial officer for removal from office and exercise disciplinary control over him.

Anonymous said...

Just read what you posted? Blind man. Copy and paste but you copied the wrong information anonymous dumb @10.44.

ademola ifesanmi said...

Some people who are in covenant with corruption would still quote their own version of the ACJA. Mtcheeeeew

ademola ifesanmi said...

Only 18 comments SINCE!! But if this news was the other way, some people with undying love for corrupt people would have come here to quote their own version of the ACJA.

ademola ifesanmi said...

19 comments, lataaro! Chai.. Some people must be stooling seriously cos of this news.


Stella abeg, post more of this. This con3 must be sanitised of corrupt elements

Anonymous said...

The law is not only applicable in FCT, The Act provides for the administration of criminal justice and for related matters in the courts of the Federal Capital Territory and other Federal Courts in Nigeria. The law is applicable in all federal courts in Nigeria for offenses contained in federal legislations

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