PART 4 - PREVENTION OF OFFENCES AND SECURITY FOR GOOD BEHAVIOUR
50. (1) A police officer may intervene for the purpose of preventing, and shall to the best of his ability, prevent the commission of an offence.
(2) A police officer may of his authority interpose to prevent an injury attempted to be committed in his presence to any public property, whether movable or immovable, or the removal of or injury to any public landmark or buoy or other mark used for navigation.
Police to
prevent
offences and injury to public property.
51. A police officer receiving information of a design to commit any offence shall communicate the information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of the offence.
Information of design to commit offences.
52. Notwithstanding the provisions of this Act or any other law relating to arrest, a police officer upon a reasonable suspicion of a design to commit an offence may arrest, without orders from a Magistrate and without a warrant, thesuspectso designing, if it appears to the officer that the commission of the offence cannot otherwise be prevented.
Arrest by police to prevent offences.
53.(1) A Judge, Magistrate, or any other public officer charged with responsibility for maintaining law and order may intervene for the purpose of preventing and shall to the best of his ability prevent the commission of an offence, for which he is authorised to arrest without a warrant, or any damage to any public property movable or immovable.
(2) A person is bound to assist a Judge or Magistrate or police officer or any other public officer reasonably demanding his aid:
(a) in preventing, and shall to the best of his ability prevent the commission of an offence for which he is authorised to arrest without a warrant or any damage to any public property movable or immovable;
(b) in the suppression of a breach of the peace or in the prevention of any damage to any property, movable or immovable or to any railway, canal, water supply, telecommunication system, oil pipelines or oil installations, or electrical installation; or
(c) in the prevention of the removal of any public landmark, buoy or other mark used for navigation.
Prevention by other public officers of offences and injury to public property.
54. (1) Where a Magistrate is informed on oath that a suspect is likely to:
(a) commit a breach of the peace or disturb the public tranquility; or
(b) do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility,
the Magistrate may in the manner provided in this Part, require the suspect to show cause why he should not be ordered to enter into a recognizance, with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceeding shall not be taken under this section unless the suspect:
(a) is in the Federal Capital Territory, Abuja and
(b) is subject of the information under subsection (1) of this section within the jurisdiction of the Magistrate, or the place where the breach of the peace or disturbance has occurred or where thesuspectis, is within the jurisdiction of the Magistrate.
Power of Magistrate to Require Execution of Recognizance for keeping peace.
55. Where a Magistrate is informed on oath that:
(a) a suspect is taking precautions to conceal his presence within the local limits of the Magistrate’s jurisdiction; and
(b) there is reason to believe that the suspect is taking the precautions with a view
Security for good behaviour for suspected persons.
to committing an offence,
the Magistrate may, in the manner provided in this Part, require the suspect to show cause why he should not be ordered to enter into a recognizance, with sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
56. Where a Magistrate is informed on oath that a suspectwithin the local limits of his jurisdiction:
(a) is by habit an armed robber, a housebreaker, or a thief;
(b) is by habit a receiver of stolen property, knowing the same to have been stolen;
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or
(d) habitually commits or attempts to commit, or aids or abets the commission of any offences relating to property.
(e) habitually commits or attempts to commit, or aids or abets in the commission of, offence involving a breach of the peace; or
(f) is so desperate or dangerous as to render his being at large without security hazardous to the community,
such Magistrate may, in manner provided in this Act, require such suspectto show cause why he should not be ordered to enter into a recognizance, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
Security for good behaviour for habitual offenders.
57. Where a Magistrate acting under sections 54, 55 or 56 of this Act considers it necessary to require a suspect to show cause under the section, he shall make an order in writing setting out:
(a) the substance of the information received;
(b) the amount of the recognizance to be executed;
(c) the term for which it is to be in force; and
(d) the number, character, and class of sureties, if any, required.
Order to be made.
58. Wherethe suspectin respect of whom an order is made is present in court, it shall be read over to him or, if he so desires, the substance of the information shall be explained to him.
Procedure in respect of suspect present in court.
59. (1) Where the suspect is not present in court, the Magistrate shall issue a summons requiring him to appear, or, where the suspect is in custody, a warrant directing the officer in whose custody he is to bring him before the court.
(2) Where it appears to the
Magistrate, on the report of a police officer or on other information, the substance of which report or information shall be recorded by the Magistrate, that there is reason to fear the commission of a breach of the peace, and that the breach of the peace cannot be prevented otherwise than by the immediate arrest of the suspect, the Magistrate may at any time issue a warrant for his arrest.
Summons or
warrant in case of suspect not present.
60. A summons or warrant of arrest issued under section 59 of this Act shall be accompanied by a copy of the order made under section 57 of this Act, and the copy shall be delivered by the officer serving or executing the summons or warrant to the suspectserved with or arrested under it.
Copy of order under section 59 to accompany summons or warrant.
61. The Magistrate may, where he sees sufficient cause, dispense with the personal attendance of a suspect called on to show cause why he should not be ordered to enter into a recognizance for keeping the peace, and may permit him to appear by a legal practitioner.
Power to dispense with personal attendance.
62. (1) Where an order under section 57 of this Act has been read or explained under section 58 of this Act to a suspect in court, or where the suspect appears or is brought before a Magistrate in compliance with or in execution of a summons or warrant issued under section 59 of this Act, the Magistrate shall proceed to inquire into the truth of the information upon which the action has been taken, and to take such further evidence as may appear necessary.
Inquiry as to truth of information.
(2) The inquiry shall be made, as nearly as may be practicable, in the manner prescribed in this section for conducting trials, and recording evidence, except that the standard of proof shall be that of preponderance of evidence.
(3) Pending the completion of the inquiry under subsection (1) of this section, the Magistrate, if he considers that immediate measures are necessary for the prevention of:
(a) a breach of the peace or disturbance of the public tranquility; or
(b) the commission of any offence or for the public safety,
may, for reasons to be recorded in writing, direct the suspect in respect of whom the order under section 57 of this Act has been made, to enter into a recognizance, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain the suspectin custody until the recognizance is entered into or, in default of execution, until the inquiry is concluded.
(4) For the purposes of subsection (3) of this section:
(a) a suspectagainst whom proceeding are not being taken under section 54 of this Act shall not be directed to enter into a recognizance for maintaining good behaviour;
(b) the conditions of the recognizance, whether as to the amount or as to the provisions of sureties or the number of sureties or the pecuniary extent of their liability shall not be more onerous than those specified in the order under section 58 of this Act; and
(c) asuspectshall not be remanded in custody under the powers conferred by this sectionfor a period exceeding fifteen days at a time.
(5) For the purposes of this section, the fact that a suspect comes within the provisions of section 55 of this Act may be proved by evidence of general repute or otherwise.
(6) Where two or more suspects have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate thinks fit.
63. (1) Where on an inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the suspectin respect of whom the inquiry is made should enter into a recognizance, with or without sureties, the Magistrate shall make an order accordingly, but:
(a) a suspectshall not be ordered to give security of a nature different from or of an amount larger than or for a period longer than that specified in the order made under section 57 of this Act;
(b) the amount of a recognizance shall be fixed with due regard to the circumstances of the case and shall not be excessive; and
(c) where the suspectin respect of whom the inquiry is made is a child,the recognizance shall be entered into as provided in section 164 of this Act.
(2) A suspect ordered to give security for good behaviour under this section may appeal to the High Court.
Order to give security.
64. Where on an inquiry under section 59 of this Act it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the suspectin respect of whom the inquiry is made should enter into a recognizance, the Magistrate shall make an entry on the record to that effect, and, shall, if the suspect:
(a) is in custody only for the purpose of the inquiry, release him; or
(b) is not in custody, discharge him.
Discharge of suspect informed against.
PART 5 - PROCEEDING IN ALL CASES SUBSEQUENT TO ORDER TO FURNISH SECURITY
65. (1) Where a suspectin 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.
Commencement of period for which security is required.
66. 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.
Conditions of recognizance.
67. 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.
Power to reject sureties.
68. (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.
Procedure on failure of suspect to give security.