Lagos judges get nod to compensate injured crime victims

Spread the love

The Lagos State Administration of Criminal Justice (Amendment) Law (ACJL) 2021 now empowers trial judges to award compensation to victims of crimes who suffer injuries as a result of an action of a guilty defendant.

 

 

The Attorney-General and Commissioner for Justice, Moyosore Onigbanjo (SAN), made this known while addressing reporters at the weekend on some unique features of the ACJL, signed into law recently by Governor Babajide Sanwo-Olu.

According to the AG, Section 372 of the law gives power to judges to award commensurate compensation in criminal cases where victims have suffered losses or injuries unlike in the past where this only applies to people who have suffered financial losses.

Onigbanjo said: “Section 372 gave power to the judge to award compensation in criminal cases where victims have suffered losses or injuries, the judge also has the power to forfeit the properties of the guilty defendants or any other person or state and ordered them to be sold to compensate the victim of crimes.

“So, it no longer applies to people who suffered financial damages but also to people who suffer injuries by the action relating to that crime.



Modern Weekly Law Reports is a premium weekly publication Of the decisions Of the Supreme Court and the Court Of Appeal in Nigeria.[CLICK HERE TO SUBSCRIBE]

To view About the book Author, Foreword and Table of Content, click Below [https://godigital.ng/about_book.pdf] To Place order and Cost, click here [https://godigital.ng/place_order.aspx Any further question or clarification call 08163162202 or send mail to [email protected]

“In doing so, the court in considering the award of compensation to the victim may call for additional evidence to enable it to determine the quantum of compensation to award,” he said.

The Attorney-General also said the ACJL in Section 370 mandated the state to establish a crime data register.

He said the data register  is an electronic repository of information on suspects and offenders either convicted or awaiting trial who passed through the Criminal Justice System from the point of arrest through prosecution up until the judgment is delivered.

Onigbanjo further stated that the register would also serve as a criminal records database and organisations in the state may apply to obtain criminal records, particularly of sex offenders.

“It will also assist the police in the investigation of crime as sufficient information on all convicted persons will be available, which should make it easy to identify convicts in subsequent proceedings,” he said.

He also cited Section 298, which empowers the Court to make an order of interim forfeiture of properties before the commencement or conclusion of a trial where there is reasonable ground to believe such property has been used or provided for the commission of the offence charged.

He stated that the section also empowers the court to make an interim order to freeze monies in such accounts where there is reason to believe that monies in an account are reasonably suspected to be proceeds of illegal or unlawful transaction and would not be available during and after the trial.

“So, if it is money, for example, it can be frozen and kept in the account, which means the account holder cannot withdraw funds from the account until the order is lifted and if it is a property, a judge can order that a seal be placed on the building until a verdict is reached by the court.

“Section 76, which deals with Plea and Sentence Agreements have been re-drafted to expand the scope. The Provision now allows for Prosecution to offer Plea Bargain to a defendant charged with an offence in the interest of justice, public policy and the need to prevent abuse of legal process.

“Consent of the victims or their representative may also be sought during the process. However, the prosecution may not enter into plea bargaining after the defence has opened his case.

“The provision enables the Judge or Magistrate to make an order transferring the assets or properties agreed to be forfeited under the plea bargain agreement to the victim of the crime or the legal representative or any person entitled to it. It creates a penalty of seven years for the willful obstruction of such transfer,” Onigbanjo maintained.

Meanwhile, the Centre for Socio-Legal Studies (CSLS), led by Prof. Yemi Akinseye-George (SAN), has praised Lagos for updating the ACJL.

Akinseye-George (SAN) noted that the development had placed Lagos ahead of other states in the modernisation of criminal justice system in the country.

A statement by the CSLS reads: “We wish to commend the Lagos State Government for updating the Administration of Criminal Justice Law of the state.

“By so doing, not only has the law been brought into conformity with the Federal Administration of Criminal Justice Act (ACJA) 2015, it  has surpassed the  ACJA by incorporating more modern features which are not found in the ACJA.

“The CSLS considers the passage of the new ACJL of Lagos State as a step in the right direction and a boost for the efforts of the government of the state to deepen the reform of criminal justice in the state and reinvigorate the system to be more effective in reducing criminality in the state.

“Our centre will partner the state to build capacity for the proper implementation of the law.

“We recommend the adoption of the National Minimum Standards Template to guide the state going forward.

“These standards can be downloaded from the website: nms.ng powered by the Centre for Socio-Legal Studies.”


Available at Frank Agbedo & Co. Crown Chambers. 5th floor, left wing, Nipost Building, Lagos Island, Lagos State. Tel: 08033254471, 09077950432 Email: frankagbedo@gmail.com
Call Bridget Edokwe Esq on 08060798767 or send your email to ngbarrister@gmail.com


Price: ₦20,000 or £25 per copy [Hard Back– 20 chaps/715 pages] Contact Information Email: info@idrinstitute.com, info@adrinafrica.org WhatsApp only: 0803-703-5989 Voice Call – Mobile: 0817-630-8030,+234-805-2128-456, +234-909-9651-401 Landline: 09-2913581, +234-9-2913499, +234-9-2919209 Office Address: 50 Julius Nyerere Crescent, [Next To The World Bank], Asokoro, Abuja – Nigeria. Bank Account Details; Bank Name: UBA Plc.; Account Name: International Dispute Resolution Institute; Account Number: 1014072579

The Book cost N8,000 per copy. (Delivery cost applies for order outside Uyo) To order your copy call: 08084876049; 08055458711 or email: ekokoisolomon@yahoo.com


Alexander Payne: Get these Law books to aid your practice.

The Reports contain valuable and uncommon locus classicus for Legal research, opinion, and advocacy. Grab your copy now!!! Call 07044444999 or 08181999888. Visit our website: www.alexandernigeria.com/
TO ORDER/BUY THE BOOK CLICK BELOW https://flutterwave.com/store/juristpublicationseries - Alternative Mode of Payment: Pay to: Jurist Publication Series, GTBANK 0218803029-- Upon payment, call or text.
Price N12,000 per copy shipping fee inclusive
>
Price: 20,000 or £25 per copy [Hard Back– 21 chaps/700 pages]: Contact: info@idrinstitute.com, info@adrinafrica.org WhatsApp only: 0803-703-5989 : Voice Call – Mobile: 0817-630-8030, 0909-965-1401; 0705-767-0347; 0912-173-4691 : Landline: 09-2913581; 09-2913499>

Steps To Subscribe To the Court of Appeal Reports Nigeria



Law and Practice of Court Martial in Nigeria - N8,000 for soft Cover and N15,000 for hard cover. Handbook on Court Martial Practice - N6,000. Fundamentals of Confessional Statement in Criminal Trials - N7,000. To place an order Call or SMS the Publisher 08064999866 or email: lawcraftpublishersltd@gmail.com. In Abuja, contact Alex 0803 599 1379 Abuja. In Lagos, contact Glory 07033777000. In Port Harcourt and environs, contact Bukky 08034868754.

BESTSELLER: Get A-Z of contemporary laws of ELECTRONIC EVIDENCE in Nigeria By Alaba Omolaye-Ajileye. To ORDER, sms or call : +2347063666998, +2348159307051 or email jurispublicationseries@gmail.com

Leave a Reply

Your email address will not be published.

%d bloggers like this: