CRIMINAL LAW AND PRACTICE – RESTITUTION & SENTENCE – Whether an order of restitution and sentence in criminal trial amounts to double jeopardy

Uncategorised

“On the issue of order of restitution or returning the sum of N400,000:00 to PW1, the lower court at page 250 of the record of appeal held as follows; “Thus, I am of the firm viewpoint that the learned trial judge by ordering the appellant and his partner in crime to refund the sum of N400,000.00 which they defrauded PW1, of he is merely just putting flesh to the provision of section 11 (1) (a) quoted above. I am also of the mindset that this is not tantamount to double neither compensation nor penalty as contended by the learned appellant’s counsel. Indeed, the learned trial judge operated within the law. I can neither disturb nor overturn the order of restitution made on the appellant.” The submissions of learned Counsel for the Appellant on the issue of restitution is completely misconceived. The provisions of section 11 of the Advance Fee Fraud and other related offences Act, 2006 made the powers of the trial Court explicit. I will reproduce the provisions of section 11 of the Act in justification of the powers of the lower Court in affirming the decision of the trial Court. The section provides as follows: “11. (1) In addition to any other penalty prescribed under this Act, the High Court shall order a person convicted of an offence under this Act to make restitution to the Victim of the false pretense or fraud by directing that person- (a) Where the property involved is money, to pay to the victim an amount equivalent to the loss sustained by the victim; In any other case i) to return the property to the victim or to a person designated by him; or (i) to pay an amount equal to the value of the property where the return of the property is impossible or impracticable. (2) An order of restitution may be enforced by the victim or by the prosecutor on behalf of the victim in the same manner as a judgment in a civil action.” Restitution is part of our criminal justice system; there is nothing wrong in the trial Court making an order of restitution, or the lower Court affirming such good and proactive decision. Restitution is also found in sections 270 (1) Cap C41 LFN 2004, section 357 (1) Cap 30 Laws of Northern Nigeria 1963, it is not anything new in our laws.” Per TIJJANI ABUBAKAR, JSC in PATRICK EZERIKE V. THE STATE (2022-LCER-46643-SC) at Pp. 20 – 22; Paras. A-F.

Add to LawKit (0)
Close

CRIMINAL LAW AND PRACTICE – RESTITUTION & SENTENCE – Whether an order of restitution and sentence in criminal trial amounts to double jeopardy

PRINCIPLES

Thank you for your interest in LawCompass. However, this content is visible to our Subscribers only.
Wishing to view this content? Why not Join Us Now or Log In?
Join Us
Log In
Add to LawKit (0)

Close