LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Restitution — Section 270(1) Criminal Procedure Act — Applicable Only to Convictions for Stealing or Receiving Stolen Property
PRINCIPLE STATEMENT
Where any person is convicted of having stolen or having received stolen property, the court convicting him may order that such property or part thereof be restored to the person who appears to be the owner thereof either on payment or without payment by the owner to the person in whose possession such property or a part thereof then is of any such named in such order.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Obisi v. Chief of Naval Staff (2004) NLC-1572002(SC) at pp. 10–11; Paras E–A.
"Where any person is convicted of having stolen or having received stolen property, the court convicting him may order that such property or part thereof be restored to the person who appears to be the owner thereof either on payment or without payment by the owner to the person in whose possession such property or a part thereof then is of any such named in such order."
EXPLANATION / SCOPE
Restitution under section 270(1) of the Criminal Procedure Act applies only where the conviction is for stealing or receiving stolen property. The court may order restoration of the stolen property to its owner. The principle applies to criminal proceedings. The rule limits restitution to theft-related offences. The court cannot order restitution under this section for other offences. The owner must appear to be the rightful owner of the property.
