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CODE OF CONDUCT TRIBUNAL PRACTICE DIRECTIONS 2017

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CODE OF CONDUCT TRIBUNAL PRACTICE DIRECTION, 2017

EXPLANATORY MEMORANDUM

[This note does not form part of this Practice Direction but intends to explain its purport]

This Practice Direction reflects and supplements certain provision in the Code of Conduct Tribunal Rules of Procedures and the Administrative of Criminal Justice Act, 2015 to ensure that the Code of Conduct Tribunal is accessible, fair and efficient and to provide general guidance and their legal representatives in order to speedily dispense and save the time and costs of all parties in any matter before the Tribunal.   

CODE OF CONDUCT TRIBUNAL PRACTICE DIRECTION 2017

Paragraphs

1.       Objective and Guiding Principles

2.       Application

3.       Applications to Prefer Charge

4.       Arraignment

5.       Pre-hearing Procedures

6.       Service of Processes on Parties

7.       Notices

8.       Scheduling of Trial or Hearing Dates

9.       Self-representation

10.     Hearing and Proceedings of the Tribunal

11.     The Conduct of Trials, Generally.

12.     Seizures

13.     Motions and Other Applications

14.     Filing of Written Address

15.     Scope of Application and Procedural Steps

16.     Sentencing Hearing

17.     Category of offence

18.     Starting point and category range

19.     Aggravating and mitigating factors

20.     Totality principle

21.     Confiscation, forfeiture, compensation, restitution and ancillary orders

22.     Reasons for sentence decision

23.     Reporting of proceedings of the Tribunal

24.     Drawing up of Orders

25.     Enlargement of Time

26.     Filing fees

27.     Saving

CODE OF CONDUCT TRIBUNAL PRACTICE DIRECTION, 2017

[16 February, 2017] [Commencement]

In exercise of the inherent powers of the Tribunal and by virtue of all other powers enabling the Tribunal in that behalf, the Tribunal hereby issues the following Practice Direction for the Code of Conduct Tribunal –

1.       Objective and Guiding Principles

The objectives of this Practice Direction are to –

(a)     establish a system of case management that will provide for a fair, speedy and impartial administration of justice;

(b)     ensure that at trials the parties focus on matters which are genuinely in issue and avoid objections aimed at delaying fair trial;

(c)     ensure that cases are fully ready for trial before trial dates are appointed;

(d)     minimise undue adjournments and delays;

(e)     ensure that trials are not delayed by the hearing and determination of interlocutory applications; and

(f)      ensure transparent and fair sentencing of convicted persons.

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RULES OF THE CODE OF CONDUCT TRIBUNALS

Code of Conduct Practice Directions 2017

Rules of Procedure of the Code of Conduct Tribunal

Code of Conduct Bureau and Tribunal Act

Schedule V of the 1999 Constitution of the Federal Republic of Nigeria

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