CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
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[REPEALED BY ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015]
Arrangement of Sections
(Editor’s Note: The original numbering of sections has been retained in order not to disturb the cross-references to those sections in other enactments.)
Chapter 1 – Preliminary, Arrests, Bail, and Preventive Justice
Part 1 – Preliminary
1. | Short title. | 2. | Interpretation. |
Part 2 – Arrest Generally
3. | Arrest, how made. | 4. | No unnecessary restraint. | 5. | Notification of cause of arrest. |
6. | Search of arrested persons. | 7. | Search of place entered by person sought to be arrested. | 8. | Power to break out of any house for purpose of liberation. |
9. | Arrested persons to be taken at once to police station. |
Arrest without Warrant and Procedure Thereon
10. | Arrest by police officer without warrant. | 11. | Refusal to give name and residence. | 12. | Arrest by private persons. |
13. | Arrest by owners of property. | 14. | Disposal of person arrested by private person. | 16. | Arrest by magistrate. |
Bail on Arrest without
17. | Release on bail of a person arrested without warrant. | 18. | Power to release on bail before charge is accepted. | 19. | Discharge of person for want of evidence. |
20. | Police to report apprehensions. |
Warrants of Arrest
General Authority to Issue
21. | General authority to issue warrant. |
Warrants, in General
22. | Form and requisites of warrant of arrest. | 23. | Warrant issued on complaint only if on oath. | 24. | Warrant may issue on any day. |
25. | Warrants, to whom directed, and duration. | 26. | Omitted as inapplicable as it relates to warrants directed to local government police force which has been abolished. | 27. | Warrant of arrest may in exceptional cases be directed to other persons. |
Execution of, in General
28. | Execution of warrant and procedure thereon. | 29. | Power to arrest on warrant but without the warrant. |
Bail by Order of Court on Execution of Warrant of Arrest
30. | Court may direct particulars of security to be taken on execution of warrant. |
Execution of Warrant out of Division or District in which issued
31. | Procedure on arrest of persons outside division or district of court issuing warrant. |
Part 3 – Escape and Retaking
32. | Recapture of person escaping. | 33. | Provisions of sections 7 and 8 to apply to arrests under section 32. | 34. | Assistance to judge, magistrate or police officer. |
Part 4 – Prevention of Offences
Security for keeping the Peace and for Good Behaviour
35. | Power of magistrate to require execution of recognisance for keeping the peace. | 36. | Security for good behaviour for suspected persons. | 37. | Security for good behaviour for habitual offenders. |
38. | Order to be made. | 39. | Procedure in respect of person present in court. | 40. | Summons or warrant in case of person not so present. |
41. | Copy of order under section 38 to accompany summons or warrant. | 42. | Power to dispense with personal attendance. | 43. | Inquiry as to truth of information. |
44. | Order to give security. | 45. | Discharge of person informed against. |
Proceedings in all Cases Subsequent to Order to Furnish Security
46. | Commencement of period for which security is required. | 47. | Conditions of recognisance. | 48. | Power to reject sureties. |
49. | Procedure on failure of person to give security. | 50. | Power to release persons imprisoned for failure to give security. | 51. | Power of High Court to cancel recognisance. |
52. | Discharge of sureties. |
Part 5 – Preventive Action of the Police
53. | Police to prevent offences and prevent injury to public property. | 54. | Information of design to commit such offences. | 55. | Arrest to prevent such offences. |
Chapter 2. – Provisions Relating in General to all Criminal Trials and Inquiries
Part 6 – Application and General
56. | Application of Chapter 2. | 57. | General authority to bring persons before courts. |
Part 7 –
58. | Deleted by 1967 No. 5. |
Part 8 – The Complainant, Form of Complaint and Time within which the Complaint must be made
59. | Right of making complaint. | 60. | Form and requisites of complaint. | 61. | Form of documents in criminal proceedings. |
62. | Rule as to statement of exception. | 63. | Limitation of period for making a private complaint. |
Part 9 – Place of Trial or Inquiry
Venue
64. | Venue. | 64A. | Offences against Federal laws. | 65. | Judge to decide in case of doubt of venue. |
66. | Chief Judge may change venue by order. |
Remitting Magistrates
67. | Accused person to be remitted in certain cases to another magistrate. | 68. | Removal under warrant. | 69. | Transfer of case where cause of complaint has arisen out of district of court. |
Assumption of Jurisdiction
70. | Courts may assume jurisdiction under certain conditions. | 71. | Assumption of jurisdiction after commencement of proceedings. |
Part 10 – State Procedure
Powers of the Attorney-General
72. | Informations by the Attorney-General. |
Control of State in Criminal Proceedings
73. | Nolle prosequi in criminal cases. | 74. | Nolle prosequi in committal cases. | 75. | |
76. | Deleted by Legal Notice 65 of 1958. | 76A. | Inserted by Legal Notice 47 of 1955 and deleted by Legal Notice 65 of 1958. |
Part 11 – Proceedings in General
Institution of Proceedings
77. | Different methods of instituting criminal proceedings. | 78. | Particulars of instituting criminal proceedings in magistrates’ courts. | 79. | Compelling appearance of an accused person. |
80. | Summons and warrant. | 81. | Making of complaint and issue of process thereon. | 82. | Issue and service on any day. |
Enforcing Appearance of Defendant
Issue of Summons
83. | Issue of summons and contents thereof. | 84. | Hearing by consent before return date of summons. | 85. | Summons with immediate return date in special circumstances. |
86. | Discretion in ex parte applications. |
Form and Service of Summons
87. | Summons to be in duplicate | 88. | Service of summons. | 89. | Normal methods of effecting service. |
90. | Service where person summoned cannot be found. | 91. | Service on Government servant. | 92. | Service outside local division or district. |
93. | Proof of service when serving officer not present. 94. Receipt of service of summons. | 95. | Person refusing to give receipt may be apprehended. |
Warrant Issued If Somebody Disobeyed
96. | Summons disobeyed, warrant may issue. |
Issue of Warrant of Arrest on Complaint on Oath
97. | Issue of warrant for defendant in the first instance. | 98. | Application of sections 22 to 31 to such warrant. | 99. | Warrant may issue before or after return date of summons. |
Dispensing with Presence of Accused
100. | Power to dispense with personal attendance of accused in certain cases.
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Part 12 – Miscellaneous Provisions Regarding Process
Irregularities
101. | Irregularity in summons, warrant, service or arrest. | 102. | Variation between charge and complaint. | 103. | Process valid notwithstanding death or vacation of office of person issuing. |
Saving of Validity of Process
104. | Validity of process. | 105. | General addressee of process for issue and execution. | 106. | Certain provisions applicable to all summonses and warrants in criminal matters. |
Part 13 – Search Warrant
Issue and Execution
107. | Cases in which search warrants may be issued. | 108. | Discharge of suspected person. | 109. | Search warrant to be signed by magistrate. |
110. | Search warrants to whom directed. | 111. | Time when search warrant may be issued and executed. | 112. | Person in charge of closed place to allow ingress. |
Detention and Disposal of Articles Seized
113. | Detention of articles seized. | 114. | Perishable articles may be disposed of by court. | 115. | Search for and disposal of gunpowder. |
116 | Destruction of forged banknotes. | 117. | Disposal of counterfeit coin and certain other things. | 117A. | Transmission to court of other State. |
117B. | Controlled substances. | 117C. | Disposal of certain exhibits where no conviction. | 117D. | Transitional provisions, etc. |
Part 14 – Provisions as to Bail and Recognisance Generally
118. | When bail may be granted by High Court only. | 119. | Bail in respect of matters other than offences. | 120. | Amount of bail. |
121. | Recognisance in respect of minors. | 122. | Sureties. | 123. | Admission to bail after its refusal. |
124. | Notice of right to apply for bail. | 125. | Judge may vary bail fixed by magistrate or police. | 126. | Before whom recognisance may be executed. |
127. | Mode of entering into recognisance. | 128. | Continuous bail. | 129. | Discharge from custody. |
130. | Person bound by recognisance absconding may be committed to prison. | 132. | Power to revoke or require higher bail. | 133. | Variation of a recognisance if surety unsuitable. |
134. | Discharge of sureties for appearance of another. 135. Order of fresh security upon original order. | 136. | Surety dying, estate discharged. | 137. | Forfeiture of recognisance.
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138. | Mitigation of forfeiture. | 139. | Forfeiture on conviction. | 140. | Where recognisance forfeited warrant may issue. |
141. | Payment on recognisance. | 142. | Appeal. | 143. | Arrest on breach of recognisance for appearance. |
Part 15 – Bringing before Court of Person in Custody
144. | Power of court to order prisoner to be brought before it |
Part 16 – Forms in respect of Summonses, Warrants, Recognisance and other Similar Process
145. | Use of forms in First Schedule. |
Part 17 – Provisions relating to Property and Persons
Ownership of Property
146. | Methods of stating ownership of property. |
Description of Persons
147. | Description of persons in criminal process. |
Rights of Married Women in Respect of Separate Estate
148. | Remedies of married woman against her husband and others in respect of property. | 149. | Husband and wife competent witnesses. |
Part 18 – The Charge
Form of, and Joinder of offences and Persons
150. | Form of charges in Second Schedule to be used and adapted. | 151. | Form of charge. | 152. | Particulars in charge. |
153. | Sense of words used in charge. | 154. | Ownership or description of property. | 155. | When persons may be charged jointly. |
156. | Separate charges for distinct offences. | 157. | Three offences within twelve months may be charged together. | 158. | Trial for more than one offence. |
159. | Offences falling within two definitions. | 160. | Acts constituting one offence but constituting when combined a different offence. | 161. | Where it is doubtful which offence has been committed. |
Variation of Charge
162. | Procedure on imperfect charge. | 163. | Court may alter charge. | 164. | Procedure on alteration of charge. |
165. | Recall of witnesses when charge altered. | 166. | Effect of error. | 167. | Objection to charge to be taken at plea. |
168. | Objections cured by verdict. |
Conviction of one of Several Offences and of Offences not Specifically Charged
169. | Full offence charged-attempt proved. | 170. | Attempt charged-full offence proved. | 171. | Liability as to further prosecution. |
171A. | On charge of an offence conviction as accessory after the fact to that or connected offence may follow. | 172. | Person tried for misdemeanour not to be acquitted if felony proved, unless court so direct. | 173. | Conviction of kindred offences relating to property. |
174. | Persons charged with burglary may be convicted of kindred offence. | 175. | On charge of rape conviction under section 221 of Cap. 77 or of indecent assault may follow. | 176. | On charge under section 221 of Cap. 77 conviction of indecent assault may follow. |
177. | Where murder or infanticide is charged and concealment of birth is proved. | 178. | Where murder is charged and infanticide proved. | 179. | Where offence proved is included in offence charged. |
Withdrawal of Remaining Charges
180. | Withdrawal of remaining charges on conviction on one of several charges. |
Part 19 – Previous Acquittals or Convictions
180A. | Interpretation. | 181. | Person convicted or acquitted not to be tried again for same or kindred offence. | 182. | May be tried again on separate charge in certain cases. |
183. | Consequences supervening or not known at previous trial. | 184. | Where court at first trial was not competent. | 185. | Deleted by 1966 No. 84. |
Part 20 – Witnesses
Enforcing Attendance of Witnesses
186. | Issue of summons for witness. | 187. | Service of summons on witness. | 188. | Warrant for witness after summons. |
189. | Issue of warrant for witness in first instance. | 190. | Mode of dealing with witness arrested under warrant. | 191. | Penalty on witnesses refusing to attend. |
192. | Non-attendance of witness on adjourned hearing. | 193. | Persons in court may be required to give evidence though not summoned. |
Refractory Witnesses
194. | Witness refusing to be sworn, or produce documents. |
Expenses of Witnesses
195. | Expenses of witnesses for the prosecution. | 196. | Expenses of witnesses for accused. | 197. | Adjournment may be granted subject to witnesses’ costs. |
198. | Ascertainment of witness’s expenses. |
Examination of Witnesses
199. | Application of the Evidence Act. | 200. | Power to call or recall witnesses. | 201. | Certificates of certain Government technical officers. |
202. | Right of reply. |
Part 21 – Publicity and View
203. | Public to have access to hearing. | 204. | Court may be cleared whilst child or young person is giving evidence in certain cases. | 205. | Order under section 203 or 204 not to apply to press and certain others. |
206. | Prohibition on children being present in court during the trial of other persons. | 207. | View by court of locus. |
Part 22 – Determination of Age
208. | Presumption and determination of age. | 209. | Age in relation to offences. |
Part 23 – Presence of Parties and Conduct of Trials
210. | Presence of accused at trial. | 211. | Counsel for complainant and for defendant. | 212. | (Deleted by L.N. 47 of 1955.) |
213. | General control of prosecution by the Attorney-General. | 214. | Position in court of person summoned. |
Part 24 – Recording of Plea
215. | Pleading to information or charge. | 216. | Proceeding on charge or count of previous conviction. | 217. | Effect of plea of not guilty. |
218. | Effect of plea of guilty. | 219. | Plea when offence admitted is included in offence charged. | 220. | Failure to plead due to malice or otherwise. |
221. | Pleas: autrefois acquit or convict, pardon. |
Part 25 – Persons of Unsound mind
222. | Interpretation. | 223. | Procedure when accused is suspected to be of unsound mind. | 224. | Certificate of medical officer. |
225. | Release of person of unsound mind pending investigation or trial. | 226. | Resumption of inquiry or trial. | 227. | Resumption of proceedings under section 223. |
228. | When accused appears to have been of unsound mind. | 229. | Acquittal on ground of insanity (including insanity resulting from intoxication). | 230. | Safe custody of person acquitted. |
231. | Observation of prisoners of unsound mind. | 232. | Procedure when person of unsound mind reported able to make defence. | 233. | Procedure where person of unsound mind reported fit for discharge. |
234. | Transfer from one place of custody to another. | 235. | Delivery of person of unsound mind to care of relative. | 235A. | Removal to another State. |
Part 26 – Remand
236. | Court may remand defendant for eight days. | 237. | Court may bring up prisoner during remand. | 238. | Magistrate may adjourn where accused cannot appear. |
Place of Commitment
239. | Place of commitment. |
Part 27 – Addresses
Opening of Case for the Prosecution
240. | Opening of case for the prosecution. |
Defence and Reply
241. | In certain cases prosecution has no right of reply. | 242. | Cases in which prosecution may reply. | 243. | Reply by law officer. |
Part 27A – Procedure where Constitutional Questions are referred to Higher Court
243A. | Reference to Court of Appeal. |
Part 28 – Conclusion of Trial
244. | Deliberation by court. | 245. | Judgment to be in writing. | 246. | Accused to be discharged if found not guilty. |
247. | Accused to be asked whether he has anything to say before sentence. | 248. | Sentence. | 249. | Conviction on other charges pending. |
250. | Security for coming up for judgment. | 251. | Delivery of judgment when Judge or magistrate unavoidably absent. |
Warrant of Commitment
252. | Direct imprisonment. | 253. | Authority for carrying out sentences not capital. |
Defects in order or Warrant
254. | Error or omission not to affect legality of act. |
Part 29 – Costs, Compensation and Damages
255. | Costs-against accused; against private prosecutor. | 256. | Compensation in case of false and vexatious charge. | 257. | Enforcement of award of compensation. |
258. | Saving of express procedure for awarding costs and compensation. | 259. | Order to pay costs appealable. | 260. | Injured person may refuse to accept compensation; but payment of compensation is bar to further liability. |
Damages in Cases of Dishonesty
261. | Wrongful conversion or detention of property. | 262. | Damages recoverable as penalty. |
Part 30
Seizure, Restitution, Forfeiture and Disposition of Property
263. | Order for disposal of property regarding which offence committed. | 263A. | Meaning of “property” in this Part. | 264. | Seizure of things intended to be used in commission of offence. |
265. | Destruction of seditious, prohibited or obscene publications and of obscene objects. | 266. | Search warrant may be used to search for things subject to sections 264 and 265. | 267. | Restoration of possession of immovable property. |
268. | Payment to innocent person of money found on accused. | 269. | Restitution and disposition of property found on person arrested. | 270. | Restitution of property stolen. |
271. | Destruction of articles relating to counterfeiting where charge is laid. | 272. | Destruction of articles relating to counterfeiting where no charge is laid. | 273. | Mode of dealing with forfeiture not pecuniary. |
Part 31 – Summary Procedure in Perjury
274. | Perjury. Summary procedure. |
Chapter 3
Part 32 – Trials Generally
275. | Trials. | 276. | Summary trial in High Court, limitation. |
Chapter 4
Part 33 – Summary Trial
Application
277. | Summary trials. | 278. | Application of parts of this Act to processes under this Chapter. |
Hearing of Complaint
279. | Time and place of hearing. | 280. | Non-appearance of prosecutor. | 281. | Non-appearance of defendant. |
282. | Non-appearance of both parties. | 283. | Appearance of both parties. | 284. | Withdrawal of complaint. |
285. | Manner of hearing. | 286. | Discharge of accused when no case to answer. | 287. | Defence. |
288. | Saving as to section 287(l)(a). | 289. | Evidence in reply. | 290. | Power to take evidence of persons dangerously ill. |
291. | Notices to be given to parties. | 292. | Transmission of statement. | 293. | When statement may be used in evidence. |
294. | Notes of evidence to be taken. | 295. | Local inspection. | 296. | Cross complaints. |
297. | Joinder of complaints. | 298. | Procedure where offence appears unsuitable for determination by court of limited jurisdiction. |
Making of Order
299. | Giving of decision upon conclusion of hearing. |
Binding over
300. | Power to bind parties to be of good behaviour. |
Dismissal and Acquittal
301. | Effect of judgment of dismissal “on merits”, “not on merits” and “without prejudice”. |
Part 34
302. | Summary trial by magistrate of indictable cases. | 303. | Whipping. In accordance with Part 42. |
Part 35 – Summary Trial by Magistrate of Adult Charged with an Indictable Offence
304. | Summary trial by magistrate of indictable cases. | 305. | Power to remand person charged. | 306. | Law officer may require case to be adjourned or dealt with specially. |
307. | Adjournment for law officer’s decision. | 308. | General provisions as to dealing summarily with indictable offence. | 309. | Security for keeping the peace, in indictable cases tried summarily. |
Chapter 5
Part 36 – Preliminary Inquiry by a Magistrate into an Indictable Offence
Place of Inquiry not an Open Court
310. | Preliminary inquiry not an open court. |
Local Inspection and Medical Examination
311. | Making of local inspection and examination of injured person. | 312. | Provisions applicable to the taking of evidence in an indictable case. | 313. | Binding over of witnesses for prosecution. |
314. | Provisions as to taking of depositions, and caution to and statement of accused on proceedings before magistrate. | 315. | Procedure where witnesses for defence not present. | 316. | Binding over of witness for defence. |
317. | Statement generally admissible. | 318. | Court may take further evidence after close of case for prosecution. | 319. | Deposition of witness unable to attend. |
320. | A magistrate may continue a preliminary inquiry begun by another magistrate. | 321. | Marking of exhibits. | 322. | Magistrate to authenticate depositions and statement of the accused. |
323. | Magistrate shall consider defence before committing. | 324. | Where evidence contradictory. |
Discharge and Committal for Trial
325. | Discharge. | 326. | Commitment. | 327. | Allegation at preliminary inquiry that accused was insane at time of offence. |
328. | Procedure when accused does not understand proceedings. |
Conditional binding over of Witnesses.
329. | Binding over of witnesses conditionally. |
Transmission of Depositions, Recognizances and Exhibits
330. | Returns to be made to court and law officer, crown counsel or Resident. | 331. | Depositions free of charge for persons committed. |
Adjudication by Magistrate instead of Committal for Trial
332. | When court may adjudicate finally. |
Control of the State in Proceedings in which an Accused has been Committal for Trial
333. | Law officer or State counsel may refer back case for further evidence. |
Chapter 6.
Proceedings after an Accused has been Committal by a Magistrate to the High Court for Trial
Part 37
334. | Trial on information. | 335. | Certain cases to be tried by jury. | 336. | Judge to decide in certain cases. |
Information.
337. | Form of information. | 338. | Contents of information. | 339. | Application of sections 151 to 180 to informations. |
Proceedings Preliminary to Trial
340. | Procedure on information of offenders. | 341. | Signing of information on behalf of State. | 342. | Information by private person. |
343. | Conditions for private prosecutors. |
Venue
344. | Venue. | 345. | Change of venue. | 346. | Effect of change of venue. |
Notices of Trial
347. | Form of notice of trial. | 348. | Copy of information and notice of trial to be delivered to sheriff. | 349. | Time and mode of summoning parties on information. |
350. | Return of service. |
Proceedings at Trial and Subsequent Proceedings
351. | Bench warrant where accused person does not appear. | 352. | Counsel for State and defence in capital cases. | 353. | Arraignment. Time for raising certain objections. |
Attendance of Witnesses
354. | Attendance of witness bound by recognisance to attend. | 355. | Warrant for apprehension of witness not attending on recognisance. | 356. | Warrant for apprehension of witness disobeying summons. |
357. | Fine for non-attendance of witness. | 358. | Writs of subpoena. | 359. | Service of subpoena. |
Miscellaneous Provisions
360. | Application of Part 20 to trials under this Part. | 361. | Application of Act to trials under this Part. | 362. | Recording of judgment and sentence. |
363. | Trials according to practice of High Court of Justice. |
Part 38
Summary Trial after Committal
364. | Summary trial after committal where no information filed. | 365. | Procedure at trial under this Part. |
Chapter 7
Provisions Relating to Sentences of Death, Imprisonment, Caning and Fine
Part 39
General
366. | Construction of provisions relating to punishments. |
Part 40
Capital Sentences
367. | Death. | 368. | Prior formalities-generally. | 369. | Authority for detention. |
370. | Judge to report to appropriate authority. | 371. | Deleted by 1961 No. 40.
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371A. | Procedure where power of pardon vested in President. |
371B. | Judge’s certificate of sentence of death to be sufficient and full authority for execution of offender, unless he is pardoned or reprieved. | 371c. | Steps to be taken by the Registrar. | 371D. | Judge to forward report to State Commissioner. |
371E. | Stage at which State Commissioner to consider report. | 371F. | Where no commutation, pardon or reprieve. | 371G. | Where a commutation, pardon or reprieve is granted. |
371H. | Temporary provisions | 372-375 | Deleted by 1961 No. 40. |
Procedure where Woman Convicted of Capital Offence is Alleged to be Pregnant
376. | Procedure where woman convicted of capital offence is alleged to be pregnant. |
Part 41
Imprisonment
377. | Imprisonment to be with hard labour unless otherwise ordered. | 378. | Sentences on chiefs and detention pending State Commissioner’s decision. | 379. | Power to order detention for one day in precincts of the court. |
380. | Consecutive sentences of imprisonment. | 391. | Date from which sentence commences. | 382. | Power to inflict fine in lieu of imprisonment. |
383. | Escaped prisoners: effect of escape on punishment. |
Part 42
Caning
384. | To be caned once only. | 385. | Female or male over 45 not to be caned. | 386. | Caning with a light rod and not more than twelve strokes. |
387. | In certain cases caning additional to other punishment. | 388. | Infliction of sentences of corporal punishment. |
Part 43
Fines
389. | Fine, imprisonment in default of. | 390. | General power of awarding imprisonment in default of payment of penalty. |
Assessment of Fine
391. | Payment and allocation of fines and fees. |
Commitment of Defendant for Non-Payment of Fine or penalty
392. | Power to commit defendant in certain cases. | 393. | Power to postpone issue of warrant of commitment. | 394. | Payment of penalty to person executing warrant. |
395. | Commencement of imprisonment. | 396. | Varying of or discharging order for sureties. | 397. | Right of person imprisoned in default to be released on paying sum. |
Distress
398. | Fines may be ordered to be recoverable by distress. | 399. | Warrant of distress. | 400. | Part payment reduces period of imprisonment in proportion. |
Chapter 8
Detention During, the Pleasure of the President and Deportation
Part 44
Detention during the Pleasure of the President
401. | Conditions attaching to detention during pleasure. |
Part 45
Deportation
402. | Meaning of “deported”. | 403. | Non-citizen may ask to leave Nigeria in lieu of deportation order. | 404. | Court may recommend deportation for offences punishable by imprisonment without option. |
405. | In default of security for the peace. | 406. | In case of dangerous conduct. | 407. | Procedure prior to court recommending deportation under section 405 or 406. |
408. | Procedure on recommendation of deportation under section 404, 405 or 406. | 409. | Detention of person concerned. | 410. | After consideration President may make an order of deportation. |
411. | President may withhold order and remit case to court. | 412. | Provisions as to sentence of deportation. |
Chapter 9
Juvenile Offenders and Probation
Part 46
Juvenile Offenders
413. | Procedure for trying juvenile offenders. | 414. | “Conviction” and “sentence” not to be used in relation to juveniles. | 415. | Trial of children and young persons. |
416. | Special court may continue even if age incorrect. | 417. | Juveniles not to associate with adult accused. | 418. | Public not to attend hearing. |
419. | Restriction on punishment. | 420. | Juveniles found guilty of capital offence. | 421. | Detention in the case of certain crimes committed by children or young persons. |
422. | Bail of children and young persons arrested. | 423. | Custody of young persons not discharged on bail after arrest. | 424. | Association with adult whilst in police custody. |
425. | Remand or committal to custody in place of detention. | 426. | Attendance at court of parent of child or young person charged with an offence. | 427. | Methods of dealing with children and young persons charged with offence. |
428. | Maximum fine on child four naira. | 429. | Power to order parent to pay fine, etc. instead of child or young person. | 430. | Removal of disqualifications attaching to felony. |
431. | Limitations of costs. | 432. | Restrictions on punishment of children and young persons. | 433. | Substitution of custody in place of detention for imprisonment. |
434. | Escape during detention. |
Part 47
Probation
435. | Conditional release of offenders. | 436. | Probation orders and conditions of recognisance. | 437. | Relieving probation officer of his duties. |
438. | Duties of probation officers. | 439. | Variation of terms and conditions of probation. | 440. | Provisions in case of offender failing to observe conditions of release. |
Chapter 10
Assessors and Inquiries by Direction of the Attorney-General
Part 48
Assessors
441. | Qualification of assessors. | 442. | Sheriff to summon assessors. | 443. | Exemption in favour of mercantile establishments. |
444. | Sheriff to deliver paper to court. | 445. | Omitted as applying only to former Protectorate. | 446. | Selection of assessors. |
447. | If an assessor unable to attend, trial may proceed. | 448. | Adjournment. | 449. | Opinion of assessors. |
450. | Penalty on assessors not attending. | 451. | Notice to persons fined in absence. | 452. | Court may exempt persons from serving as assessors. |
Part 49
Inquiries by direction of Attorney-General
453. | Inquiries by direction of Attorney-General. | 454. | Conduct of inquiry. | 455. | Report. |
456. | Procedure. | 457. | Person charged entitled to copy of deposition. | 458. | Statements of witnesses privileged. |
458A. | Application to offences against Federal laws. |
Chapter 11
Miscellaneous
Part 50
Coroner’s Warrant
459. | No committal for trial by coroner. |
Appeals
460. | (Deleted by L.N. 47 of 1955.) |
Fees
461. | Payment of fees. | 462. | State not required to pay fees. |
Forms
463. | Use of forms in First, Second and Third Schedules. |
Rules of Court
464. | Power to make rules of court. |
Forms and Procedure under Other Written Laws
465. | Saving as to other forms and procedure. |
Part 51
Special Provisions relating to Corporations
466.
(1) (2) |
Proceedings in relation to which Part has effect. Application of Part. | 467. | Definitions. | 468. | Plea by corporation. |
469. | Committal of corporation for trial. | 470. | Application of section 340(2). | 471. | Powers of representative. |
472. | 473. | Non-appearance of representative. | 474. | Saving. | |
475. | Joint charge against corporation and individual. | 476. | Service on corporation. |
Chapter 12
Part 52
Service and Execution throughout Nigeria of the Process of the Courts of the States
477. | Interpretation. | 478. | Service of summons issued on information, etc. | 479. | Subpoena or summons to witness may be served in another State by leave. |
480. | Orders for production of prisoners. | 481. | Mode of proof of service. | 482. | Execution of warrants outside State of issue. |
483. | Arrest without warrant. | 484. | Review of order of magistrate. | 485. | Forfeiture of recognisance. |
486. | Execution of distress warrants outside State of issue. | 486A. | Inserted by L.N. 156 of 1960, deleted by L.N. 112 of 1964. |
Part 53
487. | Provisions for Directors of Public Prosecutions | 488. | Inserted by L.N. 155 of 1960, deleted by L.N. 112 of 1964. |
First Schedule
Forms
Second Schedule
Precedents of Chapters
Third Schedule
Precedents of Informations
Fourth Schedule
Orders of the President
Fifth Schedule
Precedents Under Part 52
Criminal Procedure Act
CITATION
An Act to make provision for the procedure to be followed in criminal cases in the High Court and Magistrates’ Courts
COMMENCEMENT
1st June, 1945
Chapter I
Preliminary, Arrests, Bail and Preventive, Justices
Part 1
Preliminary
(2) Chapter 12 of this Act shall apply to the Federation of Nigeria.
“adult” means a person who has attained the age of seventeen years or over;
“charge” means the statement of offence or statement of offences with which an accused is charged in a summary trial before a court;
“Chief Judge” means the Chief Judge of the High Court;
“child” means any person who has not attained the age of fourteen years;
“complainant” includes any informant or prosecutor in any case relating to a summary conviction offence;
“complaint” means the allegation that any named person has committed an offence made before a magistrate for the purpose of moving him to issue process under this Act;
“court” includes the High Court and a magistrate’s court;
“defendant” means any person against whom a complaint is made;
“district” means a district into which a State is divided for the purposes of any Law under which a magistrate’s court is established;
“division” means a judicial division of the High Court;
“Federal law” means any Act enacted by the National Assembly having effect with respect to the Federation and any Ordinance enacted prior to 1st October, 1960 which under the Constitution of the Federal Republic of Nigeria has effect with respect to the Federation;
“felony” means an offence on conviction for which a person can, without proof of his having been previously convicted of an offence, be sentenced to death or to imprisonment for three years or more, or which is declared by law to be a felony;
“fine” includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction;
“future enactment” means any enactment passed after the commencement of this Act;
“guardian” in relation to a child or young person means the parent or other person having lawful custody of such child or young person, and includes any person who, in the opinion of the court having cognisance of any case in which such child or young person is concerned, has for the time being the custody, control over, or charge of such child or young person;
“High Court” means the High Court of the State or the Federal High Court;
“indictable offence” means any offence-
(a) which on conviction may be punished by a term of imprisonment exceeding two years, or
(b) which on conviction may be punished by imposition of a fine exceeding four hundred naira;
not being an offence declared by the law creating it to be punishable on summary conviction;
“indicted” means the filing of an information against a person who is committed for trial to the High Court after preliminary inquiry by a magistrate;
“infant” means a person who has not attained the age of seven years;
“Judge” means a Judge of the High Court;
“justice of the peace” means a person appointed to be a justice of the peace under the law of a State;
“juvenile offender” means an offender who has not attained the age of seventeen years;
“law officer” has the meaning assigned thereto in the Criminal Code;
“law of a State” means any written law in force in a State which is not a Federal law;
“legal guardian” in relation to an infant, child, young person, or juvenile offender, means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;
“magistrate” means a magistrate appointed in accordance with the law of a State;
“magistrate’s court” means a magistrate’s court established under the law of a State;
“offence” means an offence against any enactment in force in, a State;
“officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station building or unable for any reason to perform his duties, the police officer present at the station building who is next in seniority to, or who in the absence of such officer in charge performs the duty of, such officer;
“open court” means any room or place in which any court shall be sitting to hear and determine any matters within its jurisdiction and to which room or place the public may have access so far as the same can conveniently contain them;
“order” includes any conviction in respect of a summary conviction offence;
“penalty” includes any pecuniary fine, forfeiture, costs, or compensation recoverable or payable under an order;
“place of safety” includes any suitable place, the occupier of which is willing temporarily to receive an infant, child, or young person;
“police officer” includes any member of the police force established by the Police Act;
“preliminary inquiry” means an investigation of a criminal charge held by a magistrate’s court with a view to the committal of an accused person for trial before the High Court;
“prescribed” means prescribed by rules made under the authority of this Act;
“registrar” includes the Chief Registrar and a registrar of the High Court and of a magistrate’s court;
“rules” or “the rules” means rules of court relating to the practice and procedure of the High Court or of the magistrates’ courts in the exercise of their criminal jurisdiction;
“sentenced to imprisonment” shall include cases where imprisonment is imposed by a court on any person either with or without the option of a fine, or in respect of the non-payment of any sum of money, or for failing to do or abstaining from doing any act or thing required to be done or left undone, and the expression “sentence of imprisonment” shall be construed accordingly;
“sheriff” means a sheriff within the meaning of the Sheriffs and Civil Process Act and includes a deputy sheriff and any person authorised by the sheriff or a deputy sheriff to execute process of a court;
“summary conviction offence” means any offence punishable by a magistrate’s court on summary conviction, and includes any matter in respect of which a magistrate’s court can make an order in the exercise of its summary jurisdiction;
“summary court” means unless the same is expressly or by necessary implication qualified-
(a) a Judge of the High Court when sitting in court and presiding over a summary trial, and
(b) any magistrate when sitting in open court to hear and determine any matters within his power and jurisdiction either under the provisions of this Act or any other written law,
and such Judge when so sitting and presiding and such magistrate when so sitting as aforesaid shall be deemed to be a “court” or “summary court” within the meaning of this Act;
“summary trial” means any trial by a magistrate and a trial by a Judge in which the accused has not been committed for trial after a preliminary inquiry;
superior police officer” has the same meaning as in the Police Act;
“whip” means a whip of a pattern approved by the Minister charged with responsibility for prisons;
“young person” means a person who has attained the age of fourteen and has not attained the age of seventeen years.
(2) Nothing in Chapters 1 to 11 inclusive of this Act shall be construed to authorise-
(a) the service outside the State of a summons to enforce the appearance before a court of an accused person, surety, or parent of an accused person;
(b) the service outside the State of a subpoena, summons or notice of hearing to compel the attendance of a witness before a court;
(c) the execution outside the State of a warrant for the arrest of any person or of a search warrant;
(d) the issue of an order to compel the production of any person confined in a prison outside the State;
(e) the execution outside the State of a warrant of distress; or
(f) the execution outside the State of a warrant of committal issued in accordance with section 392 of this Act.
Part 2 – Arrest
Generally
Provided that whenever the person arrested is admitted to bail and bail is furnished, such person shall not, subject to the provisions of subsection (6) of this section, be searched unless there are reasonable grounds for believing that he has about his person, any-
(a) stolen articles; or
(b) instruments of violence or poisonous substance; or
(c) tools connected with the kind of offence which he is alleged to have committed; or
(d) other articles which may furnish evidence against him in regard to the offence which he is alleged to have committed.
(2) Whenever it is necessary to cause a woman to be searched the search shall be made by another woman.
(3) Notwithstanding the other provisions of this section, any police officer or other person making an arrest may in any case take from the person arrested any offensive weapons which he has about his person.
(4) Where any property has been taken under this section from a person charged before a court of competent jurisdiction with any offence, a report shall be made by the police to such court of the fact of such property having been taken from the person charged and of the particulars of such property, and the court shall, if of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the person charged, direct such property or any portion thereof to be returned to the person charged or to such other person as he may direct.
(5) Where any property has been taken from a person under this section, and the person is not charged before any court but is released on the ground that there is no sufficient reason to believe that he has committed any offence, any property so taken from him shall be restored to him.
(6) When a person is in lawful custody upon a charge of committing any offence of such a nature and alleged to have been committed in such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the offence it shall be lawful for a qualified medical practitioner, acting at the request of a police officer, or if no such practitioner is procurable, then for such police officer, and for any person acting in good faith in aid and under the direction of such practitioner or police officer, as the case may be, to make such an examination of the person so in custody as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.
(2) If ingress to such place cannot be obtained under subsection (1) of this section, any such person or police officer may enter such place and search therein for the person to be arrested, and in order to effect an entrance into such place, may break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person or otherwise effect entry into such house or place, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance.
Arrest with Warrant and Procedure Thereon
(a) any person whom he suspects upon reasonable grounds of having committed an indictable offence against a Federal law or against the law of any State or against the law of any other State, unless the written law creating the offence provides that the offender cannot be arrested without a warrant;
(b) any person who commits any offence in his presence;
(c) any person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
(d) any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to such thing;
(e) any person whom he suspects upon reasonable grounds of being a deserter from any of the armed forces of Nigeria;
(f) any person whom he suspects upon reasonable grounds of having been concerned in any act committed at any place out of Nigeria which, if committed in Nigeria, would have been punishable as an offence, and for which he is, under any enactment in force in Nigeria, liable to be apprehended and detained in Nigeria;
(g) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking;
(h) any person for whom he has reasonable cause to believe a warrant of arrest has been issued by a court of competent jurisdiction in the State;
(I) any person who has no ostensible means of subsistence and who cannot give a satisfactory account of himself, and
(j) any person found in the State taking precautions to conceal his presence in circumstances which afford reason to believe that he is taking such precautions with a view to committing an offence which is a felony or misdemeanour.
(2) The authority given to a police officer to arrest a person who commits an offence in his presence shall be exercisable in respect of offences committed in such officer’s presence notwithstanding that the written law creating the offence provides that the offender cannot be arrested without a warrant.
(3) The powers conferred by this section upon a police officer shall be exercisable within a State by a member of the police force.
(2) When the true name and residence of such person have been ascertained he shall be released on his executing a recognisance, with or without sureties, to appear before a magistrate if so required:
Provided that if such person is not resident in Nigeria the recognisance shall be secured by a surety or sureties resident in Nigeria.
(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest, or should he fail to execute the recognisance, or, if so required to furnish sufficient sureties, he shall forthwith be forwarded to the nearest magistrate having jurisdiction.
(2) If there is reason to believe that such person comes under the provisions of subsection (1) of section 10 of this Act, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed an indictable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 11 of this Act; and if there is no sufficient reason to believe that he has committed any offence he shall be at once released.
(2) Where a person is arrested in accordance with the provisions of either section 15 or 16 of this Act, the judge or magistrate making or directing the making of such arrest may deal with the person so arrested in the same manner as if such last named person had been brought before him by or under the directions of any other person.
Bail on Arrest without Warrant
Warrants of Arrest
General Authority to Issue
Warrants, in General
(2) Every such warrant shall state concisely the offence or matter for which it is issued and shall name or otherwise describe the person to be arrested, and it shall order the police officer or officers to whom it is directed to apprehend such person and bring him before the court to answer the complaint or statement, or to testify or otherwise according to the circumstances of the case, and to be further dealt with according to law.
(2) it shall not be necessary to make any such warrant returnable at any particular time and a warrant shall remain in force until it is executed or until it is cancelled by a Judge or a magistrate, as the case may be.*
(2) Any such person, when executing a warrant of arrest directed to him, shall have all the powers, rights, privileges and protection given to or afforded by law to a police officer executing a warrant of arrest and shall conform with the requirements placed by law on such a police officer.*
Execution of, in General
(1) Every warrant of arrest may be executed on any day including a Sunday or public holiday.
(2) Every such warrant may be executed by any police officer at any time and in any place in the State other than within the actual court room in which a court is sitting.
(3) The person executing any such warrant shall, before making the arrest, inform to be arrested that there is a warrant for his apprehension unless there is reasonable cause for abstaining from giving such information on the ground that it is likely to occasion escape, resistance, or rescue.
(4) Every person arrested on any such warrant shall, Subject to the provisions of sections 30 and 31 of this Act be brought before the court which issued the warrant as soon as is practicable after he is so arrested.
Bail by Order of Court on Execution of Warrant of Arrest
(2) The endorsement shall specify-
(a) the number of sureties, if any;
(b) the amount in which they and the person named in the warrant are respectively to be bound;
(c) the court before which the person arrested is to attend; and
(d) the time at which he is to attend, including an undertaking to appear at a subsequent time as may be directed by any court before which he may appear.
(3) Where such an endorsement is made, the officer in charge of any police station to which on arrest the person named in the warrant is brought, shall discharge him upon his entering into a recognisance, with or without sureties approved by that officer, in accordance with the endorsement, conditioned for his appearance before the court and at the time and place named in the recognisance.
(4) Where security is taken under this section the officer who takes the recognisance shall cause it to be forwarded to the court before which the person named in the recognisance is bound to appear.
(5) The provisions of subsections (3) and (4) of this section shall not have effect with respect to a warrant executed outside the State.
Execution of Warrant out of Division or District in which Issued
(2) Such court shall if the person arrested, upon such inquiry as the court deems necessary, appears to be the person intended to be arrested by the court which issued the warrant, direct his removal in custody to such court:
Provided that if such person has been arrested in respect of any matter other than an offence punishable with death-
(a) and is ready and willing to give bail to the satisfaction of the court within the division or district of which he was arrested; or
(b) if a direction had been endorsed under section 30 of this Act on the warrant and such person is ready and willing to give the security required by such direction,
the court shall take bail or security, as the case may be, and shall forward the recognisance, if such be entered into, to the court which issued the warrant.
(3) Nothing in this section shall be deemed to prevent a police officer taking security under section 30 of this Act.
Part 3
Escape and Retaking
(a) in the taking or preventing the escape of any other person whom such magistrate or police officer is authorised to arrest;
(b) in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any telegraph or public property.
Part 4
Prevention of Offences
Security for Keeping the Peace and for Good Behaviour
(2) Proceedings shall not be taken under this section unless-
(a) the person informed against is in the State; and
(b) such person is within the district to which the magistrate is assigned or the place where the breach of the peace or disturbance is apprehended is within the district to which the magistrate is assigned.
(a) is by habit a robber, housebreaker, or thief, or (b) is by habit a receiver of stolen property, knowing the same to have been stolen; or
(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 in the commission of, any offence punishable under Chapter 34, 35, 36 or 41 of the Criminal Code; or
(e) habitually commits or attempts to commit, or aids or abets in the commission of, offences 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 hereinafter provided, require such person to show cause why he should not be ordered to enter into a recognisance, with sureties, for his good behaviour for such period, not exceeding three years, as the magistrate thinks fit.
(a) the substance of the information received;
(b) the amount of the recognisance 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.
Provided that whenever it appears to such magistrate, upon the report of a police officer or upon 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 such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the magistrate may at any time issue a warrant for his arrest.
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trials and recording evidence in trials before magistrates’ courts.
(3) Pending the completion of the inquiry under subsection (1) of this Act, the magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 38 of this Act has been made to enter into a recognisance, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such recognisance is entered into or, in default of execution, until the inquiry is concluded:
Provided that-
(a) no person against whom proceedings are being taken under section 35 of this Act shall be directed to enter into a recognisance for maintaining good behaviour; and
(b) the conditions of such recognisance, whether as to the amount thereof or as to the provisions of sureties or the number thereof or the pecuniary extent of their liability shall not be more onerous than those specified in the order under section 38 of this Act; and
(c) no person shall be remanded in custody under the powers conferred by this section for a period exceeding fifteen days at a time.
(4) For the purposes of this section the fact that a person comes within the provisions of section 37 of this Act may be proved by evidence of general repute or otherwise.
(5) Where two or more persons 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.
Provided that-
(a) no person shall 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 38 of this Act;
(b) the amount of every recognisance shall be fixed with due regard to the circumstances of the case and shall not be excessive;
(c) when the person in respect of whom the inquiry is made is a minor, the recognisance shall be entered into as provided in section 121 of this Act.
(2) Any person ordered to give security for good behaviour under this section may appeal to the High Court whose decision shall be final.
Proceedings in all Cases Subsequent to Order to Furnish Security
(2) In other cases such period shall commence on the date of such order unless the magistrate, for sufficient reason, fixes a later date.
(2) When such person has been ordered by a magistrate to give security for a period exceeding one year, such magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the High Court, and the proceedings shall be laid as soon as conveniently may be before such court.
(3) The High Court, after examining such proceedings and requiring from the magistrate any further information or evidence which it thinks necessary, may make such order in the case as it thinks fit.
(4) The period, if any, for which any person 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 forth in section 390 of this Act.
(5) If the security is tendered to the officer in charge of the prison, he shall forthwith refer the matter to the court or magistrate who made the order and shall await the order of such court or magistrate.
(2) On such application being made, the magistrate shall if satisfied there is good reason for the application issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before him.
(3) When such person appears or is brought before the magistrate, such magistrate after hearing such person may discharge the recognisance and in such event order such person to give, for the unexpired portion of the term of such recognisance, fresh security of the same description as the original security. Every such order shall for the purposes of sections 47, 48, 49 and 50 of this Act be deemed to be an order under section 44 of this Act.
Part 5
Preventive Action of the Police
(2) A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal of or injury to any public landmark or buoy or other mark used for navigation.
Chapter 2.
Provisions Relating in General to all Criminal Trials and Inquiries
Part 6
Application and General
Part 7
Part 8
The Complainant, Form of Complaint and Time within which the Complaint must be made
(2) Notwithstanding anything to the contrary contained in any enactment, a police officer may make a complaint in a case of assault even though the party aggrieved declines or refuses to make a complaint.
(2) Subject to the provisions of section 23 of this Act, every complaint may unless some enactment otherwise requires, be made without oath.
(3) Every such complaint may be made by the complainant in person, or by a legal practitioner representing him, or by any person authorised in writing in that behalf, and shall be heard in private.
(4) Every such complaint shall be for one offence only, but such complaint shall not be avoided by describing the offence or any material act relating thereto in alternative words according to the language of the enactment constituting such offence.
Part 9
Place of Trial or Inquiry
Venue
(a) an offence shall be tried or inquired into by a court having jurisdiction in the division or district where the offence was committed;
(b) when a person is accused of the commission of any offence by reason of anything which has been done, or of anything which has been omitted to be done, and of any consequence which has ensued, such offence may be tried or inquired into by a court having jurisdiction in the division or district in which any such thing has been done or omitted to be done, or any such consequence has ensued;
(c) when an act is an offence by reason of its relation to any other act which is also an offence, a charge of the first mentioned offence may be tried or inquired into by a court having jurisdiction in the division or district either in which it happened, or in which the offence, with which it was so connected happened;
(d) (i) when it is uncertain in which of several divisions or districts an offence was committed; or
(ii) when an offence is committed partly in one division or district and partly in another; or
(iii) when an offence is a continuing one, and continues to be committed in more divisions or districts than one; or
(iv) when it consists of several acts committed in different divisions or districts,
it may be tried or inquired into by a court having jurisdiction in any of such divisions or districts;
(e) an offence committed while the offender is in the course of performing a journey or voyage may be tried or inquired into by a court in or through or into the division or district of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed resides, is or passed in the course of that journey or voyage;
(f) an offence committed at sea or elsewhere out of Nigeria, which according to law may be tried or inquired into in Nigeria, may, subject to the provisions of section 58 of this Act, be so tried or inquired into at any place in Nigeria to which the accused person is first brought, or to which he may be taken thereafter.
64A. Where an offence against a Federal law-
(a) is begun in the State and completed in another State; or
(b) is completed in the State after being begun in another State,
the offender may be dealt with, tried and punished as if the offence had been actually or wholly committed in the State.
Remitting Magistrates
(2) If such offence as is mentioned in subsection (1) of this section shall have been committed in a district within which one or more courts shall have concurrent jurisdiction, the remitting magistrate shall, unless himself authorised to proceed in the case, send the person charged in custody to such one of the courts having concurrent jurisdiction as can most conveniently deal with the case, or require him to give security for his surrender to such last mentioned court, there to answer the charge and to be dealt with according to law.
(3) The remitting magistrate shall send to the court to which the person charged is remitted for trial an authenticated copy of the information, summons, warrant, and all other process or documents in his possession, relative to such person.
(2) The complaint and recognisance, if any, taken by such first named magistrate under the provisions of this Act shall be by him transmitted to the magistrate before whom the defendant is to be taken; and such complaint and recognisance, if any, shall be treated to all intents and purposes as if they had been taken by such last-mentioned magistrate.
(3) If the defendant is not retained or placed in custody as aforesaid, the magistrate shall inform him that he has directed the transfer of the case as aforesaid, and thereupon the provisions of the last preceding subsection relating to the transmission and use of the documents in the case shall apply.
Assumption of Jurisdiction
Provided that, if at any time during the course of any proceedings taken against any person before any court in pursuance of this subsection it appears to the court that the accused would suffer hardship if he were proceeded against and tried in the division or district aforesaid, the court shall forthwith, but without prejudice to a magistrate’s powers under section 67 of this Act, cease to proceed further in the matter under this subsection.
(2) Where any person is charged with two or more offences, he may be proceeded against, tried and punished in respect of all those offences in any division or district in which he could be proceeded against, tried or punished in respect of any one of those offences, and all the offences with which that person is charged shall, for all purposes incidental to or consequential on the prosecution, trial or punishment thereof, be deemed to have been committed in that division or district.
Part 10
State Procedure
Powers of the Attorney-General
(2) Such proceedings may be taken upon every such information as may lawfully be taken in the case of similar informations filed by the Attorney-General for England so far as the circumstances of the case and the practice and procedure of the High Court will admit.
Control of State in Criminal Proceedings
(2) If the accused has been committed to prison he shall be released, or if on bail the recognisance shall be discharged, and, where the accused is not before the court when such none prosequi is entered, the registrar or other proper officer of the court shall forthwith cause notice in writing of the entry of such none prosequi to be given to the officer in charge of the prison or other place in which the accused may be detained and such notice shall be sufficient authority to discharge the accused or if the accused be not in custody shall forthwith cause such notice in writing to be given to the accused and his sureties and shall in either case cause a similar notice in writing to be given to any witnesses bound over to prosecute.
(3) Where a none prosequi is entered in accordance with the provisions of this section, the discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
(2) Where, following an inquiry before a magistrate, an accused person is committed for trial, the Attorney-General of the State may at any time after such committal and before the trial of such accused person enter a none prosequi by informing, in writing, the court before which such accused has been committed for trial that the State intends that the proceedings shall not continue and thereupon the accused shall be at once discharged in respect of the charges for which the none prosequi is entered.
(3) Where a none prosequi is entered under this section, the provisions of subsection (2) of section 73 of this Act shall apply and the court shall cause the appropriate action to be taken.
(4) Where a none prosequi is entered in accordance with the provisions of this section, the discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
(a) if it is made in the course of any inquiry the accused person shall be discharged in respect of such offence; or
(b) if it is made in the course of a trial-
(ii) after the accused person is called upon to make his defence, he shall be acquitted in respect of such offence:
Provided that in any trial before a magistrate in which the prosecutor withdraws in respect of the prosecution of any offence before the accused is called upon to make his defence the magistrate may in his discretion order the accused to be acquitted if he is satisfied upon the merits of the case that such order is a proper one and when any such order of acquittal is made the magistrate shall endorse his reasons for making such order on the record.
(2) Where any private prosecutor withdraws from a prosecution for any offence under the provisions of this section the magistrate may, in his discretion, award costs against such prosecutor.
(3) A discharge of an accused person under this section shall not operate as a bar to subsequent proceedings against him on account of the same facts.
76A. (Inserted by Legal Notice 47 of 1955 and deleted by Legal Notice 65 of 1958.)
Part 11
Proceedings in General
Institution of Proceedings
(a) in magistrates’ courts, on a complaint whether or not on oath, and
(b) in the High Court-
(i) by information of the Attorney-General of the State in accordance with the provisions of section 72 of this Act, and
(ii) by information filed in the court after the accused has been summarily committed for perjury by a Judge or magistrate under the provisions of Part 31 of this Act, and
(iii) by information filed in the court after the accused has been committed for trial by a magistrate under the provisions of Part 36 of this Act, and
(iv) on complaint whether on oath or not.
(a) upon complaint to the court, whether or not on oath, that an offence has been committed by any person whose presence the magistrate has power to compel, and an application to such magistrate, in the manner hereinafter set forth for the issue of either a summons directed to, or a warrant of arrest to apprehend, such person; or
(b) by bringing a person arrested without a warrant before the court upon a charge contained in a charge sheet specifying the name and occupation of the person charged, the charge against him and the time and place where the offence is alleged to have been committed; and the charge sheet shall be signed by the police officer in charge of the case.
(2) The magistrate shall not refuse to issue such summons or warrant only because the alleged offence is one for which an offender may be arrested without warrant.
Enforcing Appearance of Defendant
Issue of Summons
Form and Service of Summons
(a) if on an individual, to him personally; or
(b) if on a firm or corporation-
(i) to one of the partners, or
(ii) to a director, or
(iii) to the secretary, or
(iv) to the chief agent within the jurisdiction, or
(v) leaving the same at the principal place of business in Nigeria of the firm or corporation, or
(vi) to anyone having, at the time of service, control of the business or the firm or corporation;
(c) if on a local government council, then in accordance with the Local Government Law of the State.
(2) Such endorsement and affidavit shall show the manner in which such summons was served and in the case of an affidavit may be attached to the duplicate of the summons and returned to the issuing court.
Warrant Issued if Summons Disobeyed
Issue of Warrant of Arrest on Complaint on Oath
Dispensing with Presence of Accused
(2) The magistrate trying any case in which the presence of the accused has been dispensed with may, in his discretion, at any subsequent stage of the proceedings, direct the personal attendance of the accused and, if necessary, enforce such attendance by means of the issue of a warrant to apprehend the accused and bring him before the court.
(3) If a magistrate imposes a fine on an accused person whose personal attendance has been dispensed with under this section, the magistrate may at the same time provide either that if the fine be not paid within a stated time the amount shall be recovered by distress or that the accused shall be imprisoned for a period calculated in accordance with the provisions contained in section 390 for the non-payment of a fine.
(4) If, in any case in which under this section the attendance of an accused person is dispensed with, previous convictions are alleged against such person and are not admitted in writing or through such person’s legal practitioner, the magistrate may adjourn the proceedings and direct the personal attendance of the accused and, if necessary, enforce such attendance in the same manner as in subsection (2) of this section.
(5) Whenever the attendance of an accused has been so dispensed with and his attendance is subsequently required the cost of any adjournment for such purpose shall be borne in any event by the accused.
Part 12
Miscellaneous Provisions regarding Process
Irregularities
Saving of Validity of Process
(a) a warrant of commitment shall not be held void by reason only of any defect therein, if it is therein alleged that the offender has been convicted, or ordered to do or abstain from doing any act or thing required to be done or left undone, and there is a good and valid order to sustain the same;
(b) a warrant of distress shall not be held void by reason only of any defect therein, if it is therein alleged that an order has been made, and there is a good and valid order to sustain the same; and a person acting under a warrant of distress shall not be deemed a trespasser from the beginning by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress.
(2) Notwithstanding the provisions of subsection (1) of this section, any such document may be addressed to a person by name or to an officer by his official designation.
(3) Where a warrant of arrest is addressed to the sheriff such warrant may be executed by any police officer or officer of a court.
Part 13
Search Warrant
Issue and Execution
(a) anything upon or in respect of which any offence has been or is suspected to have been committed; or
(b) anything which there is reasonable ground for believing will afford evidence as to the commission of any offence; or
(c) anything which there is reasonable ground for believing is intended to be used for the purpose of committing any offence,
the magistrate may at any time issue a warrant, called a search warrant, authorising an officer of the court, member of the police force, or other person therein named-
(i) to search such building, ship, carriage, receptacle or place for any such thing, and to seize and carry such thing before the magistrate issuing the search warrant or some other magistrate to be dealt with according to law, and
(ii) to apprehend the occupier of the house or place where the thing was found if the magistrate thinks fit so to direct on the warrant.
(2) In this section and section 108 of this Act, “offence” includes an offence against a law of any other State of Nigeria which would be punishable in the State if it had been committed in that State.
(2) Every such warrant shall remain in force until it is executed or until it is cancelled by the court which issued it.
(2) Where a magistrate authorises the execution of a search warrant at any hour other than between the hours of five o’clock in the forenoon and eight o’clock at night such authorisation may be contained in the warrant at the time of issue or may be endorsed thereon by any magistrate at any time thereafter prior to its execution.
(2) If ingress into such building, thing or place cannot be so obtained the police officer or other person executing the search warrant may proceed in the manner prescribed by sections 7 and 8 of this Act.
(3) When any person in or about such building, thing or place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. If the person to be searched is a woman she shall if practicable be searched by another woman and may be taken to a police station for that purpose.
Detention and Disposal of Articles Seized
(a) that the property or a part thereof be restored to the person who appears to the magistrate to be entitled thereto, and if he be the person charged, that it be restored either to him or to such other person as the person charged may direct; or
(b) that the property or a part thereof be applied to the payment of any costs or compensation directed to be paid by the person charged.
Provided that a magistrate may in his discretion instead of so delivering up such coins or things order that they be destroyed in his presence.
117A. Where a search warrant is issued in respect of an offence against the law of any other State of Nigeria and a summons has been issued for that offence by, or any person has been charged with that offence before, a court of that State, the magistrate issuing the search warrant may unless he has disposed of the thing in accordance with section 1 14 of this Act, transmit anything seized and brought before him to that court and in relation to anything so transmitted the functions conferred upon a magistrate by sections 113, 114, 116 and 117 of this Act shall be exercised and performed by that court instead of by the magistrate who issued the search warrant.
Disposal of Certain Exhibits
117B. (1) For the purposes of this section and sections 117c,117D of this Act, a controlled substance is-
(a) a substance mentioned in Part A of the Second Schedule to the Food and Drugs Act; or
(b) a substance declared by the Minister by order in the Federal Gazette or by certificate under his hand to be a controlled substance for such purposes.
(2) An order or certificate made or given under subsection (1)(b) of this section shall not be invalidated by reason of the fact that-
(a) it has retrospective effect; or
(b) it relates to an exhibit produced in any criminal proceedings which were instituted or concluded before the date when the order or certificate was made or given, or before the commencement of this section or of sections 117c, 117D of this Act.
117c. (1) Notwithstanding the provisions of any law to the contrary, where-
(a) criminal proceedings instituted for any alleged offence do not result in the conviction of the accused person; and
(b) any controlled substance has been produced to the court as an exhibit in the proceedings, the court, if the prosecutor makes application in that behalf, shall order the controlled substance to be confiscated.
(2) Where an order is made under this section in respect of any controlled substance, the controlled substance shall be handed over to the Nigeria Police and disposed of as the Minister may direct.
(3) Any person aggrieved by an order made under this section may within fifteen days of the making of the order appeal in writing -to the Minister, who may dispose of the appeal himself or refer it for disposal to any person or persons appearing to him to be suitable.
(4) The making of an order under this section shall not be affected by the fact that an appeal to a court having appellate jurisdiction has been or may be instituted in connection with the relevant proceedings, and no such jurisdiction shall include power to vary, cancel or otherwise affect the order.
117D. (1) An application may be made under section 117C of this Act in relation to any controlled substance notwithstanding that the relevant proceedings were concluded before the commencement of sections 117B and 117c of this Act, and on any such application the court shall make an order under the said section 117c of this Act accordingly unless at the time of the application the controlled substance in question is no longer in the control of the court.
(2) For the purposes of sections 117B and 117c of this Act-
“Minister” means the Minister charged with the responsibility for internal affairs.
Part 14
Provisions as to Bail and Recognisance Generally
(2) Where a person is charged with any felony other than a felony punishable with death, the court may, if it thinks fit, admit him to bail.
(3) When a person is charged with any offence other than those referred to in the two last preceding subsections, the court shall admit him to bail, unless it sees good reason to the contrary.
119 Where any person is brought before a court on any process in respect of any matter not included within section 118 of this Act, such person may, in the discretion of the court, be released upon his entering, in the manner hereinafter provided, into a recognisance conditioned for his appearing before such court or any other court at the time and place mentioned in the recognisance.
(2) Nothing in this section or in any other section relating to bail shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the recognisance was entered into or to which the bail relates.
(2) For the purposes of this section, a person shall be deemed to be indicted when the information against him has been filed in a High Court.
(2) On such application being made the court shall issue a warrant of arrest directing that the principal to the recognisance be brought before the court.
(3) On the appearance of such principal pursuant to the warrant, or on his voluntary surrender, the court shall direct the recognisance to be discharged either wholly or so far as it relates to the applicant or applicants and shall call upon the person previously bound to find other sufficient surety or sureties and enter into a fresh recognisance and if he fails to do so may deal with him in the same manner as if he were a person who has failed to comply with an order to enter into a recognisance, with or without sureties, as the case may be.
(2) A certified copy of the judgment of the court by which such person was convicted of such offence may be used as evidence in proceedings under this section and, if such certified copy is so used, the court shall presume such offence was committed by such person until the contrary is proved.
Part 15
Bringing before Court of Person in Custody
(2) The officer so in charge, on receipt of such order, shall act in accordance therewith and shall provide for the safe custody of the prisoner during his absence from the prison for the purpose aforesaid.
Part 16
Forms in respect of Summons, Warrants, Recognisance and other similar Process
Part 17
Provisions relating to Property and Persons
Ownership of Property
(a) if the property belonged to or was in the possession of more than one person whether as partners in trade or otherwise, joint tenants, tenants in common or other joint owners or possessors it may be described in the name of any one of such persons and another or others;
(b) property of a joint-stock company, company, association, club or society having a recognised manager, agent or secretary in Nigeria may, subject to the provisions of any other written law, be described as the property of such manager, agent or secretary without naming such manager, agent or secretary, or alternatively the property of any joint-stock company, company, association, club or society which has a legal or registered title may be declared as belonging to such joint-stock company, company, association, club or society by its legal or registered title;
(c) property belonging to or provided for the use of any public establishment, service or department may be described as the property of the State;
(d) where it is necessary to state the ownership of any church, chapel, mosque or building or place set apart for religious worship or of anything belonging to or being in the same, it may be stated that such church, chapel, mosque, or building or place, or such thing is the property of any clergyman, minister or other person officiating therein or of the churchwarden or church- wardens of such church, chapel or building or place, without its being necessary to name him or them;
(e) where it is necessary to state the ownership of any money or other property whatsoever in the charge, custody, or under the control of any public officer such money or property may be stated to be the money or property of the State;
(f) where it is necessary to state the ownership of any work or building made, erected or maintained either wholly or in part at the expense of the public revenue of Nigeria or of any part thereof or of any township, town, or village thereof or of any local government, or of anything belonging to or being in or used in relation to the same, or of anything provided for the use of any part or of any public institution or establishment, or of any materials or tools provided or used for repairing any such work or building or any public road or high-way, or of any other property whatsoever, whether movable or immovable as aforesaid, it shall be sufficient to state that such property is the property of the State or of the township, town, or village, or of any local government, as the case may be, without naming any of the inhabitants of any such areas or jurisdictions;
(g) property belonging to a woman who has contracted a marriage recognised as a valid monogamous marriage under English law or who has contracted a marriage under the Marriage Act may be stated as belonging to such married woman.
Description of Persons
Provided that no person who is accused of an offence shall be described as “a person unknown” except in the case of a verdict found upon a coroner’s inquisition.
Rights of Married Women in Respect of Separate Estate
Provided that any proceeding by one spouse against the other shall be governed by the provisions of section 36 of the Criminal Code Act.
149 In any proceedings taken under the provisions of section 148 of this Act the husband and wife shall be competent and compellable witnesses in accordance with the provisions of Part 9 of the Evidence Act.
Part 18
The Charge
Form of and Joinder of Offences and Persons
(2) If the written law which creates the offence does not give it any specific name so much of the definition of the offence shall be stated as to give the accused notice of the matter with which he is charged.
(3) The written law and the section of the written law against which the offence is said to have been committed shall be set out in the charge.
(4) The fact that a charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
(5) If the accused has previously been convicted of any offence and it is intended to prove such previous conviction for the purpose of affecting the punishment which the court may award, the subsequent offence shall first be charged and then, if the previous offence is one, which under the provisions of any written law, may be so charged a statement of such previous offence containing the fact, date and place of such previous conviction shall be added:
Provided that when the trial is had before a judge and jury or a judge with assessors the statement of such previous offence shall not be read out or charged save in accordance with the provisions of section 216 of this Act.
(2) Where the accused is charged with criminal breach of trust, fraudulent appropriation of property, fraudulent falsification of accounts or fraudulent conversion it shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed without specifying particular items or exact dates and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 156 of this Act.
(3) The particulars in the charge shall describe the offence shortly in ordinary language avoiding as far as possible the use of technical terms.
(4) Where the nature of the offence is such that the particulars required by section 151 of this Act and subsections (1) to (3) of this section do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the offence was committed as will be sufficient for that purpose.
(2) Figures and abbreviations may be used for expressing anything which is commonly expressed thereby.
(2) Where property is vested in more than one person and the owners of that property are referred to in the charge the property may be described as being owned in accordance with the appropriate provision set out in section 146 of this Act.
(3) Coin and bank or currency notes may be described as money, and any averment as to any money, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank or currency note, although the particular species of coin of which such amount was composed or the particular nature of the bank or currency note shall not be proved, and in cases of stealing and defrauding by false pretences, by proof that the accused dishonestly appropriated or obtained any coin or any bank or currency note, or any portion of the value thereof, although such coin or bank or currency note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same or to any other person, and such part shall have been returned accordingly.
(4) Where the ownership of any property is described under paragraph (b) of section 146 of this Act as being in any joint-stock company, company, association, club or society by its registered title, proof of the registration of the company, association, club or society shall not be required unless the court decides that such proof shall be given, in which case the further hearing may be adjourned for the purpose or the court may, in its discretion, amend the proceedings by substituting the name of some person or persons for such registered title.
(5) (a) Where a written law constituting an offence states the offence to be the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omission, capacities, or intentions, or other matters stated in the alternative in the written law, may be stated in the alternative in the charge.
(b) It shall not be necessary in any charge where the offence is one constituted by a written law to negative any exception or exemption from or qualification to the operation of the written law creating the offence.
(6) The description or designation of the accused in a charge or of any other person to whom reference is made therein may be described in the manner set forth in section 147 of this Act.
(7) Where it is necessary to refer to any document or instrument in a charge, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof.
(8) Subject to any other provisions of this Act, it shall be sufficient to describe any place, time, thing, matter, act, or omission whatsoever to which it is necessary to refer in any charge in ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act, or omission referred to.
(9) It shall not be necessary in stating any intent to defraud deceive or injure to state an intent to defraud, deceive or injure any particular person, where the written law creating the offence does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the offence.
(2) Any offence shall be deemed to be an offence of the same kind as an attempt to commit such an offence where such attempt is itself an offence.
160 If several acts or omissions, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence the person accused of them may be charged with and tried at one trial for the offence constituted by such acts or omissions when combined or for any offence constituted by any one or more of such acts.
Variations of Charge
(2) If the accused declares that he is not ready, the court shall consider the reasons he may give and if proceeding immediately with the trial is not likely in the opinion of the court to prejudice the accused in his defence or the prosecutor in his conduct of the case, the court may proceed with the trial as if the new or altered charge had been the original charge.
(3) If the new or altered charge is such that proceeding immediately with the trial is likely, in the opinion of the court, to prejudice the accused or the prosecutor the court may either direct a new trial or adjourn the trial for such period as the court may consider necessary.
(4) Where a charge is so amended, a note of the order for amendment shall be endorsed on the charge, and the charge shall be treated for the purpose of all proceedings in connection therewith as having been filed in the amended form.
(a) because of any error committed in summoning or swearing the jury or assessors or any of them; nor
(b) because any person who has served upon the jury or as an assessor was not qualified to fit as a juror or assessor; nor
(c) because of any objection which might have been stated as a ground of challenge of any juror, nor for any informality in swearing a juror or witness or any of them; nor
(d) because of any variance between the charge or any process relating thereto and the evidence adduced in support of the charge as to the time at which the cause of complaint is alleged to have arisen if it is proved that such complaint was in fact made within the time, if any, limited by law for making the same; nor
(e) because of any variance between the charge or any process relating thereto and the evidence adduced in support of the charge as to the place in which the cause of complaint is alleged to have arisen; nor
(f) because of any alleged defect in substance or in form between any complaint, warrant or other process relating to the charge and the evidence adduced in respect of the charge.
Conviction of one of Several Offences and of Offences not Specifically Charged
171A. Where a person is charged with an offence and the evidence establishes that he became an accessory after the fact to that offence or to some other offence of which a person charged with the first-mentioned offence may be convicted by virtue of any of sections 169, 170 and 172 to 179 of this Act, he may be convicted as an accessory after the fact to that offence or that other offence, as the case may be, and be punished accordingly.
(a) stealing any property, contrary to section 390 of the Criminal Code;
(b) obtaining or inducing the delivery of any property by a false pretence, and with intent to defraud, contrary to section 419 of the Criminal Code;
(c) obtaining or inducing the delivery or payment of any property or money by means of a fraudulent trick or device, contrary to section 421 of the Criminal Code;
(d) receiving any property obtained by means of an act constituting a felony or misdemeanour, contrary to section 427 of the Criminal Code Act,
and the evidence establishes the commission by him with respect to the same property of any other of those offences, he may be convicted of that other offence although he was not charged therewith.
(2) & (3) Deleted by 1966 No. 84.
(2) Nothing in subsection (1) of this section shall prevent a woman who is tried for the murder of her newly-born child from-
(a) being convicted of manslaughter; or
(b) being found guilty of concealment of birth in pursuance of section 177 of this Act; or
(c) being acquitted upon the ground that by virtue of section 28 or 29 of the Criminal Code she was not criminally responsible, and being dealt with under section 230 of this Act.
(2) When a person is charged with an offence and facts are proved which reduce it to a lesser offence he may be convicted of the lesser offence although he was not charged with it.
Withdrawal of Remaining Charges
(2) Such withdrawal shall have the effect of an acquittal on such charge or charges unless the conviction which has been had is set aside in which case subject to any order of the court setting aside such conviction, the court before which the withdrawal was made may, on the request of the prosecutor, proceed upon the charge or charges so withdrawn.
Part 19
Previous Acquittals or Convictions
180A. In this Part of this Act, “offence” includes an offence against the law of any other State of Nigeria.
(a) that he has previously been convicted or acquitted of 1966 No. 84.the same offence by a competent court; or
(b) that he has previously been convicted or acquitted by a competent court on a charge on which he might have been convicted of the offence charged; or
(c) that he has previously been convicted or acquitted by a competent court of an offence other than the offence charged, being an offence of which, apart from this section, he might be convicted by virtue of being charged with the offence charged.
(2) Nothing in subsection (1) of this section shall prejudice the operation of any law giving power to any court, on an appeal, to set aside a verdict or finding of any other court and order a re-trial.
Part 20
Witnesses
Enforcing Attendance of Witnesses
(2) If the prosecutor is not a public officer the person to whom such summons is addressed shall not be bound to attend unless his traveling expenses are tendered to him.
(2) The provisions of sections 30 and 31 of this Act relating to bail of accused persons and of sections 106 and 144 of this Act shall apply to witnesses.
(3) A witness arrested or detained under this section shall not be kept in the same room or place as the defendant, if the defendant is in custody:
Provided that non-compliance with this subsection shall not vitiate any proceedings.
(a) refuses or neglects, without reasonable cause, to attend at a court in compliance with the requirements of a summons duly served in the manner prescribed by law; or
(b) departs from the precincts of the court without the leave of the judge or magistrate holding the same,
shall be liable, on summary conviction, to a penalty not exceeding forty naira, or to imprisonment for any term not exceeding two months:
Provided that no complaint shall be made for any offence under this section except by the order of the court made during the hearing of the case for which the evidence of the witness is required.
192 Every witness who is present when the hearing or further hearing of a case is adjourned, or who has been notified of the time and place to which such hearing or further hearing is so adjourned, shall be bound to attend at such time and place, and, in default of so doing, may be dealt with in the same manner as if he had refused or neglected to attend before the court in obedience to a summons to attend and give evidence.
Refractory Witnesses
(a) refuses to be sworn as a witness; or
(b) having been so sworn, refuses to answer any question put to him by the sanction of the court; or
(c) refuses or neglects to produce any documents which he is required by the court to produce,
without in any such case offering any sufficient excuse for such refusal or neglect, the court may, if it thinks fit, adjourn the hearing of the case for any period not exceeding eight days where practicable, and may in the meantime, by warrant, commit such person to prison or other place of safe custody, unless he sooner consents to do what is so required of him.
(2) If such person, upon being brought before the court at or before such adjourned hearing again refuses to do what is so required of him, the court may, if it thinks fit, again adjourn the hearing of the case, and commit him for the like period, and so again from time to time until such person consents to do what is so required of him.
(3) Nothing herein contained shall affect the liability of any such person to any other punishment or proceeding for refusing or neglecting to do what is so required of him, or shall prevent the court from disposing of the case in the meantime according to any other sufficient evidence taken by it.
Expenses of Witnesses
Examination of witnesses
Provided that a law officer when appearing personally as counsel for the prosecution shall in all cases have the right of reply.
Part 21
Publicity and View
Provided that the judge or magistrate presiding over such trial may, in his discretion and subject to the provisions of section 205 of this Act, exclude the public at any stage of the hearing on the grounds of public policy, decency or expedience:
Provided further that where the court is sitting in a place other than in a building the authority given to exclude the public shall be construed as being authority to prevent the public approaching so near to where the court is sitting as, in the opinion of the judge or magistrate, to be able to hear what is taking place at the trial or be able to communicate with any person allowed to be present thereat.
(a) authorise the exclusion of bonafide representatives of a newspaper or news agency; or
(b) apply to messengers, clerks and other persons required to attend at the said court for purposes connected with their employment.
(2) Where such an order is made the judge or magistrate, as the case may be, shall record the grounds upon which such decision is taken.
(2) The accused shall be present at the view.
(3) In the case of any such view being had the court shall give such directions as may seem requisite for the purpose of preventing communication between the witnesses and the accused:
Provided that a breach of any such directions shall not affect the validity of the proceedings unless the court otherwise directs.
(4) If the trial is with assessors the assessors shall accompany the judge on the view.
Part 22
Determination of Age
Part 23
Presence of Parties and Conduct of Trials
(2) Where the defendant is in custody or on remand he shall be allowed the access of such legal practitioner at all reasonable times.
(2) Where proceedings in respect of any offence against a law of the State within the criminal jurisdiction of a court are brought by a police officer in the exercise of his official duty and it is not provided by any written law that such proceedings shall only be brought by or in the name of some specified person, such proceedings may, subject to any special or general directions given by the Attorney-General of the State, be brought in the name of the public officer, police officer instituting the proceedings or making the arrest if any, or in the case of a member of the police force in the name of the Commissioner of Police of the State.
(3) The provisions of subsections (1) and (2) of this section, shall apply in relation to proceedings for an offence against a Federal law as they apply in relation to offences against a law of the State but as if references to the Attorney-General of the State were references to the Attorney-General of the Federation.
(4) The Attorney-General of the Federation may delegate to the Attorney-General of the State the powers conferred upon him by this section either generally or with respect to any offence or class of offences.
Part 24
Recording of Plea
(2) Where the trial is with assessors, a charge or count of a previous conviction shall not be read out or charged until a verdict has been returned or a decision given in respect of the charge relating to the subsequent offence and if such verdict or decision is one of not guilty, he shall not be called upon to plead in respect of the previous conviction.
(3) Where a person may properly be called upon to plead to a charge or count of a previous conviction, he shall be asked if he has been previously convicted as charged or not and if he admits that he has been so previously convicted the court may find him guilty and proceed to sentence him but if he denies that he has been previously so convicted or stands mute of malice or does not answer directly to such question the court shall inquire concerning such previous conviction.
(4) A previous conviction may be proved in the manner set out in Part II of the Evidence Act or otherwise to the satisfaction of the court.
(a) that by virtue of section 181 of this Act he is not liable to be tried for the offence with which he is charged; or
(b) that he has obtained a pardon for his offence.
(2) If either of such pleas is pleaded in any case and denied to be true in fact, the court shall try whether such plea is true in fact or not.
(3) If the court holds that the facts alleged by the accused do not prove the plea, or if it finds that it is false in fact, the accused shall be required to plead to the charge or information.
(4) Nothing in this section shall prevent a person from pleading that by virtue of some other provision of law he is not liable to be prosecuted or tried for any offence with which he is charged.
Part 25
Persons of Unsound Mind
“asylum” includes a lunatic asylum, a mental or other hospital, a prison and any other suitable place of safe custody for medical observation;
“medical officer” means the medical officer attached to any asylum or any medical officer from whom a court requires an opinion.
(2) Such investigation may be held in the absence of the accused person if the court is satisfied that owing to the state of the accused’s mind it would be in the interests of the safety of the accused or of other persons or in the interests of public decency that he should be absent, and the court may receive as evidence a certificate in writing signed by a medical officer to the effect that such accused person is in his opinion of unsound mind and incapable of making his defence or is a proper person to be detained for observation in an asylum, or the court may, if it sees fit, take oral evidence from a medical officer on the state of mind of such accused person.
(3) If the Judge, jury or magistrate, as the case may be, is not satisfied that such person is capable of making his defence, the court shall postpone the trial or inquiry and shall discharge the jury, if any, and shall remand such person for a period not exceeding one month to be detained for observation in an asylum.
(4) The medical officer shall keep such person under observation during the period of his remand and before the expiry of such period shall certify under his hand to the court his opinion as to the state of mind of such person, and if he is unable within the period to form any definite conclusions, shall so certify to the court and shall ask for a further remand. Such further remand may extend to a period of two months.
(5) Any court before which a person suspected to be of unsound mind is accused of any offence may, on the 19 application of a law officer, made at any stage of the proceedings prior to the trial, order that such person be sent to an asylum for observation; and the medical officer may, notwithstanding any other provision of law, detain any such accused person for such period, not exceeding one month, as may be necessary to enable him to form an opinion as to the state of mind of such person, and shall forward a copy of his opinion, in writing, to the court.
(2) If such medical officer shall certify that such person is of unsound mind and incapable of making his defence, the judge or magistrate shall, if satisfied of the fact, find accordingly, and thereupon the inquiry or trial, as the case may be, shall be postponed; and if the judge or magistrate is satisfied that the accused person is of sound mind and capable of making his defence the court shall proceed with the trial or inquiry as the case may be.
(3) The trial of the issue as to whether or not the accused person is of unsound mind and incapable of making his defence shall, if the finding is that he is of sound mind and capable of making his defence, be deemed to be part of his trial before the court.
(4) The certificate of such medical officer shall be receivable as evidence under this section.
(5) If the accused person is certified to be of unsound mind and incapable of making his defence it shall not be necessary for him to be present in court during proceedings under this section.
(b) If such an accused person is before a magistrate charged with an offence which is bailable by a Judge but not by a magistrate or if the offence is bailable by a magistrate but the magistrate refuses to grant bail such magistrate shall inform the accused of his right to apply to a Judge for bail and report such fact to a Judge.
(2) If the offence charged is not bailable by the High Court or if a Judge has refused bail under paragraph (a) of subsection (1) of this section or after an application made under paragraph (b) thereof or if sufficient security is not given or if no application is made for bail the Judge shall report the case to the Governor who after consideration of the report may, in his discretion, order the accused to be confined in a lunatic asylum or other suitable place of safe custody and the Judge shall give effect to such order.
(3) Pending the order of the Governor the accused, may be committed to prison or other suitable place of custody for safe custody.
(a) that by virtue of section 28 of the Criminal Code (which relates to insanity) the accused was not criminally responsible for that act; or
(b) that the case falls under section 29(2) of the Criminal Code (which relates to intoxication as a defence) by virtue of paragraph (b) thereof (which relates to insanity resulting from intoxication),
the magistrate shall proceed with the case and, if the accused ought otherwise to be committed to the High Court, shall send him for trial.
(2) The Governor may order such person to be confined in a lunatic asylum, prison or other suitable place of safe custody during the pleasure of the Governor.
Provided that if such person is confined under the provisions of section 225 of this Act, the Governor may further require such relative or friend to give security to the satisfaction of the Governor that if at any time it shall appear to the Governor that such person is capable of making his defence, such relative or friend shall produce such person for trial.
(2) Whenever such person is so delivered to the care and custody of any person it shall be upon condition that he shall be produced for the inspection of such officer and at such times as the Governor directs.
(3) Sections 231 and 232 of this Act shall, mutatis mutandis, apply to persons delivered to the care and custody of persons under this section.
235A. Whenever it shall be necessary to remove a prisoner to a prison or asylum under the provisions of this Part of this Act, an order for such removal given under the provisions of this Part shall be sufficient authority for such removal and the detention of such prisoner notwithstanding that such prison or asylum is situate in another State of Nigeria.
Part 26
Remand
Place of Commitment
Part 27
Addresses
Opening of Case for the Prosecution
Defence and Reply
242 If any witness, other than the accused himself or witnesses solely as to the character of the accused, is called or any document is put in as evidence for the defence, the person appearing for the accused shall be entitled after evidence on behalf of the accused has been adduced to address the court a second time on the whole case and the person appearing for the prosecution shall have a right of reply.
243 The provisions of sections 241 and 242 of this Act shall not affect the right of reply by a law officer.
Part 27A
Procedure where Constitutional Questions are referred to Higher Court
243A. (1) Where any question as to the interpretation of the Constitution of the Federal Republic of Nigeria arises in the course of a trial and is referred to the Court of Appeal under the provisions of the said Constitution the court before which the question arose may in its discretion either-
(a) adjourn the trial until such question shall have been considered and decided; or
(b) conclude the trial and postpone the verdict until such time as the question has been considered and decided; or
(c) conclude the trial and pass sentence and respite execution thereof until such time as the question has been considered and decided, and in any such case the court in its discretion shall commit the person accused or convicted to prison or admit him to bail in accordance with Part 14 of this Act.
(2) When the question has been decided the court shall-
(a) continue the trial or discharge the accused; or (b) acquit or convict the accused; or
(c) order the execution of the sentence, as the circumstances may require.
Part 28
Conclusion of Trial
Provided that in the case of a magistrate in lieu of writing such judgment it shall be sufficient compliance under this section if the magistrate-
(a) records briefly in the book his decision thereon and where necessary his reasons for such decision and delivers an oral judgment, or
(b) records such information in a prescribed form.
(2) Where such a desire is expressed and consent given the court shall enter or cause an entry to that effect to be made on the record, and upon sentence being pronounced the accused shall not, subject to the provisions of sections 182 to 184 of this Act or unless the conviction which has been had is set aside, be liable to be charged or tried in respect of any such offence so taken into consideration.
251 Where a Judge or magistrate having tried a case is prevented by illness or other unavoidable cause from delivering his judgment or sentence, such judgment and the sentence, if the same has been reduced into writing and signed by the Judge or magistrate, may be delivered and pronounced in open court in the presence of the accused by any other Judge or magistrate.
Warrant of Commitment
Defect in Order or Warrant
Part 2
Costs, Compensation and Damages
(2) A court that acquits or discharges a person accused of an offence, if the prosecution of such offence was originally instituted on a summons or a warrant issued by a court on the complaint of a private prosecutor, may order such private prosecutor to pay to the accused such reasonable costs as the court may seem fit and the payment of such costs or any part thereof may be ordered by the court to be made out of any moneys taken from such person on his apprehension or may be recovered by distress.
(3) No order as to costs as aforesaid may be made if the court considers that the private prosecutor had reasonable grounds for making his complaint and the costs awarded shall not exceed one hundred naira in the case of an award by a Judge or fifty naira in the case of an award by a magistrate.
(4) Costs may be awarded under this section and may be in addition to any compensation awarded and accepted under section 256 of this Act.
(5) In this section, “private prosecutor” does not include any person prosecuting on behalf of the State, a public officer prosecuting in his official capacity or police officer.
257 Any sum so awarded as compensation shall be specified in the order of discharge or acquittal, as the case may be, and the court may order that on default of payment within such time as the court seems proper of any sum awarded for compensation, the person making default be imprisoned, with or without hard labour, for any term not exceeding the term prescribed in respect of a like sum in the scale of imprisonment set forth in section 390 of this Act.
(2) Before making an order under subsection (1) of this section, the court shall explain the full effect of that subsection to the person to whom compensation would be payable.
Damages in Cases of Dishonesty
Provided that the value of such property and the amount of damages awarded shall not together amount in value to twenty naira.
262 The damages awarded under section 261 of this Act shall be recoverable in like manner as a penalty.
Part 30
Seizure, Restitution, Forfeiture and Disposition of
(2) Where the court orders the forfeiture or confiscation of any property as provided in subsection (1) of this section but does not make an order for its destruction or for its delivery to any person the court may direct that the property shall be kept or sold and that the same or, if sold, the proceeds thereof, shall be held as it directs until some person establishes to the court’s satisfaction a right thereto. If no person establishes such a right within six months from the date of forfeiture or confiscation such property or the proceeds thereof shall be paid into and form part of the general revenue.
(3) The power conferred by subsections (1) and (2) of this section upon the court shall include the power to make an order for the forfeiture or confiscation or for the destruction or for the delivery to any person of such property, but shall be exercised subject to any special provisions regarding forfeiture, confiscation, destruction, detention or delivery contained in the written law under which the conviction was had or in any other written law applicable to the case.
(4) When an order is made under this section in a case in which an appeal lies such order shall not, except when the property is livestock or is subject to speedy and natural decay, be carried out until the period allowed for presenting such appeal has passed or when such appeal is entered until the disposal of such appeal.
263A. In this Part of this Act, the term “property” include, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise.
(2) The court may in like manner on a conviction for an offence under section 243 of the Criminal Code order the food or drink in respect of which the conviction was had and also all other unfit or adulterated food or drink which remain in the possession of power of the person convicted to be destroyed.
(2) No such order shall prejudice any right or interest to or in such immovable property which any person, including the person convicted, may be able to establish in a civil suit.
(a ) that the property or a part thereof be restored to the person who appears to the court to be entitled thereto, and, if he be the person charged, that it be restored either to him or to such other person as he may direct; or
(b) that the property or a part thereof be applied to the payment of any costs or compensation directed to be paid by the person charged.
(2) This section shall not apply to-
(a) any valuable security which has been bonafide paid or discharged by any person liable to pay or discharge the same; or
(b) any negotiable instrument which shall have been bona fide received by transfer or delivery by any person for a just and valuable consideration without notice or without any reasonable cause to suspect that it had been stolen.
(a) if satisfied that such coin is not counterfeit, or that any of such articles are not intended to be used for the purpose of making counterfeit coins, shall return the coin or such articles, as the case may be, to the person purporting to be the owner thereof, if known; and
(b) if satisfied that such coin is counterfeit or such matter or thing is intended to be used for the purpose of making counterfeit coins and if no charge is to be preferred against any person in connection with any such coin, matter or thing, may destroy or cause to be destroyed such coin, matter or thing in such manner and by such persons as may be approved by the Federal Minister of Finance and Economic Development:
Provided that-
(i) notice shall have been given to the person who appears to be the owner of such coin, matter or thing, if such person is known and can easily be found, that such coin, matter or thing will be destroyed at the end of a specified number of days unless such owner shows that the coin is not counterfeit or that the matter or thing is not intended to be used for the purpose of making counterfeit coin; and
(ii) a reasonable time was allowed such person for providing such proof as aforesaid,
and the person who alleges that he is the owner of or otherwise entitled to such coin, matter or thing shall have no claim against any such administrative officer, officer of the office of the Accountant-General of the Federation, police officer or the Government in respect of any such coin, matter or thing so destroyed.
272A. (1) Subject to the provisions of this section sections 271 and 272 of this Act shall apply in relation to notes purporting to be legal tender in Nigeria as those sections apply in relation to coins.
(2) No note, coin, matter or thing shall be destroyed by virtue of subsection (1) of this section unless either-
(a) a court orders its destruction, in connection with a conviction for an offence, in pursuance of section 271 of this Act as applied by subsection (1) of this section; or
(b) it appears to a magistrates’ court having jurisdiction in the place where the note, coin, matter or thing is for the time being situated, on an application made in accordance with rules of court, that the existence of the note, coin, matter or thing involves a breach of the law and the court makes an order for its forfeiture and destruction accordingly; or
(c) in the absence of any conviction for an offence in respect thereof and any pending prosecution for such an offence, and of any order or pending application for an order for its forfeiture, the note, coin, matter or thing-
(i) has been voluntarily surrendered by the person having possession thereof to the proper official of the Central Bank of Nigeria or a superior police officer, or
(ii) is discovered in a lodgment made with the said bank by a commercial bank.
(3) The West African Currency Notes Act is hereby repealed.
Part 31
Summary Procedure in Perjury
(a) commit him for trial upon information of perjury and bind any person by recognisance to give evidence at his trial; or
(b) try him summarily as for a contempt of court and if he is found guilty commit him to prison for six months or fine him-
(i) if in the High Court, a sum of one hundred naira, and
(ii) if in the magistrate’s court, a sum of fifty naira.
(2) Where a Judge or magistrate decides to try a person summarily under subsection (1) of this section, as for a contempt of court, such Judge or magistrate shall record in the evidence book the fact of such decision, shall specify the perjury alleged and shall direct the attention of the person to be charged to the inconsistencies upon which such charge is based and shall require him to give his explanation thereof and shall record such explanation in the book aforesaid.
(3) (a) If a magistrate orders a person to be imprisoned or to pay a fine under subsection (1) of this section, he shall neither issue his warrant of commitment nor make an order for imprisonment for non-payment of the fine but shall either remand such person or release him on a recognisance with or without sureties to come up before the court when called upon and shall forthwith forward to the Chief Judge or such Judge as the Chief Judge may direct a certified copy of the proceedings and the Chief Judge or Judge as aforesaid may without hearing argument and in the absence of the person concerned set aside or confirm such order or reduce the sentence of imprisonment or the amount of the fine and shall inform the magistrate as soon as practicable thereafter of his decision.
(b) If the Chief Judge or Judge does not wholly set aside the magistrate’s order the magistrate shall forthwith issue his warrant of commitment or make the necessary order for payment of the fine in accordance with the terms of the Chief Judge or Judge’s order.
(4) Any imprisonment or fine ordered or imposed under this section shall be a bar to any other proceedings for the same offence except where the order of a magistrate has been wholly set aside.
Chapter 3
Part 32
Trials Generally
(i) on information, after committal for trial by a magistrate under Part 36 of this Act such information being filed by a law officer or private prosecutor in accordance with the provisions of Part 37 of this Act, or
(ii) on information, filed in the court after the accused has been summarily committed for trial by a Judge or magistrate under the provisions of Part 31 of this Act, or
(iii) on information exhibited by the Attorney- General of the State under the provisions of section 72 of this Act, or
(iv) summarily, in accordance with the provisions of Part 33, of this Act; and
(b) in magistrates’ courts summarily in accordance with the provisions of Part 33 of this Act.
(2) When trials are being held with the aid of assessors the provisions of Part 48 of this Act relating thereto shall apply.
Chapter 4
Part 33
Summary Trial
Application
(a) to all trials in the High Court other than on information; and
(b) to all trials in the High Court in respect of offences for which it is provided that a trial can be had in the High Court otherwise than on information and for which no special procedure is provided; and
(c) to all trials in any magistrate’s court to the extent of the jurisdiction of the magistrate adjudicating; and
(d) for all offences declared by any written law to be triable summarily or on summary conviction or in a summary manner or by a magistrate.
Hearing of Complaint
280 If, subject to the provisions of section 100 of this Act when the case is called the defendant appears voluntarily in obedience to the summons or is brought before the court under a warrant, and the complainant having, to the satisfaction of the court, had due notice of the time and place of hearing does not appear in person or in the manner authorised by any written law the court shall dismiss the complaint unless the court, having received a reasonable excuse for the non-appearance of the complainant or his representative or for other sufficient reason, think fit to adjourn the hearing of the same to some future day upon such terms as the court may think just.
281.(1) If when a summons case is called the defendant of does not appear, or pleads guilty under the provisions section 100 of this Act, and no sufficient excuse is offered for his absence then the court, if satisfied that the summons, if any, has been duly served may issue a warrant, called a bench warrant, for his arrest or if not satisfied that the summons has been duly served or if a warrant had been issued, in the first instance, for the apprehension of the defendant the court may adjourn the hearing of the case to some future day, in order that proper service may be effected or until the defendant be apprehended as the case may be.
(2) If the defendant is afterwards apprehended on a bench warrant or other warrant as aforesaid, he shall be brought before the magistrate who shall thereupon commit him by warrant to prison or to such other place of safe custody as he may think fit, and order him to be brought at a certain time and place before the court; and of such time and place the complainant shall, by direction of the magistrate, be served with due notice.
(2) In such order, the court may include such direction as to the payment of costs as to the court shall seem fit, and the payment of such costs may be enforced in the manner and subject to the conditions set forth in Part 43 of this Act as if it were a fine.
(2) If the defendant says that he is guilty and the court is satisfied that he intends to admit the offence and shows no cause or no sufficient cause why sentence should not be passed the court shall proceed to sentence.
(3) If the defendant says that he is not guilty the court shall direct that all witnesses shall leave the court and upon such direction, the provisions of section 186 of the Evidence Act shall apply:
Provided that the Judge or magistrate may in his discretion permit professional and technical witnesses to remain in court:
Provided further that failure to comply with the provisions of this subsection shall not invalidate the proceedings.
(4) The court shall then proceed to hear the complainant and such witnesses as he may call and such other evidence as he may adduce in support of his complaint, and also to hear the defendant and such witnesses as he may call and such other evidence as he may adduce in his defence and also, if the court thinks fit, to hear such witnesses as the complainant may call in reply if the defendant has called any witnesses or given any evidence.
(5) The complainant and the defendant may put questions to each witness called by the other side and where the defendant gives evidence he may be cross-examined.
(6) If the defendant is not represented by a legal practitioner the court shall at the close of the examination of each witness for the prosecution ask the defendant whether he wishes to put any questions to that witness, and shall record his answer on the minutes.
(a) if the defendant is not represented by a legal practitioner, the court shall inform him that he has three alternatives open to him, namely-
(i) he may make a statement, without being sworn, from the place where he then is; in which case he will not be liable to cross-examination; or
(ii) he may give evidence in the witness box, after being sworn as a witness; in which case he will be liable to cross-examination, or
(iii) he need say nothing at all, if he so wishes, and in addition the court shall ask him if he has any witnesses to examine or other evidence to adduce in his defence and the court shall then hear the defendant and his witnesses and other evidence, if any; and
(b) if the defendant is represented by a legal practitioner, the court shall call upon the legal practitioner to proceed with the defence.
(2) If the defendant or his legal practitioner states that he has witnesses to call but that they are not present, the court may, in the circumstances set forth in sections 186 to 193 of this Act, take the steps therein mentioned to compel their attendance.
(2) The signature and attestation of the Judge or magistrate shall be sufficient prima facie proof of any statement, and that the same was taken in all respects according to law and such attestation and signature shall be admitted without further proof unless the court shall see reason to doubt the genuineness thereof.
(2) No person shall be entitled, as of right, to inspection of or to a copy of the record so kept as aforesaid save as may be expressly provided for by the rules.
(3) The record so kept as aforesaid or a copy thereof purporting to be signed and certified as a true copy by the Judge or magistrate shall at all times, without further proof, be admitted as evidence of such proceedings and of the statements made by the witnesses.
Making of order
Binding Over
Dismissal and Acquittal
(2) Where a complaint is dismissed and such dismissal is stated to be not on the merits or to be without prejudice such dismissal shall not have the same effect as an acquittal.
Part 34
Summary Trial by Magistrate of Child or Young Person charged with an Indictable Offence
(a) where a penalty is awarded, the amount shall not in any case exceed four naira;
(b) when the child is a male, the court may, either in addition to or in lieu of any other punishment order the child to undergo corporal punishment, or to be sent to a Government establishment or an institution, or to both undergo corporal punishment and be sent to a Government establishment or an institution;
(c) when the child is a female, the magistrate may, either in addition to or in lieu of any other punishment, order the child to be sent to a Government establishment or an institution.
(2) For the purpose of proceedings under this section the magistrate shall, at any time during the hearing of the case at which it becomes satisfied by the evidence that it is expedient to deal with the case summarily cause the charge to be reduced into writing if this has not been already done.
(3) Nothing in this section shall be construed as authorising the trial of an infant.
Part 35
Summary Trial by Magistrate of Adult charged with an Indictable Offence
Provided that where the prosecution is conducted by a law officer the magistrate shall not deal with the case summarily without the consent of that law officer.
(2) If a magistrate at any time during the hearing of a charge for such an indictable offence as aforesaid against a person who is an adult becomes satisfied that it is expedient to deal with the case summarily, the magistrate shall thereupon, for the purpose of proceedings under this section, cause the charge to be reduced into writing, if this has not been already done, and read to the accused and shall address to him a question to the following effect-
“Do you desire to be tried by a judge of the High Court or with a jury, as the case may be, or do you consent to the case being dealt with summarily by this court?”
with a statement, if the magistrate thinks such a statement desirable, of the meaning of the case being dealt with summarily and of the sitting of the High Court at which he is likely to be tried, if committed for trial and, if the accused consents to be tried summarily, shall forthwith ask him the following question-
“Do you plead guilty or not guilty?”
(3) If the magistrate shall not inform the accused of his right to be tried by a judge of the High Court or with a jury, as the case may be, the trial shall be null and void ab initio unless the accused consents at any time before being called upon to make his defence to be tried summarily by a magistrate in which case the trial shall proceed as if the accused had consented to being tried summarily by a magistrate before the magistrate proceeded to hear evidence in the case.
(4) Any written law in force at the commencement of this Act which relates to the summary trial by a magistrate of indictable offences or which refers to indictable offences which are triable summarily by a magistrate shall, subject to the provisions of this section, be construed, as the case may be, as applying to summary trial by a magistrate of indictable offences under this section or as referring to all indictable offences which are triable summarily by a magistrate thereunder.
(2) A person may be remanded under this section in like manner in all respects as a person accused of an indictable offence may be remanded.
(a) the procedure shall, until the court assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the court assumes the power to deal with such offence summarily, the procedure shall be the same from and after that period as if the offence were a summary conviction offence and not an indictable offence, and the other provisions of this Act shall apply accordingly:
Provided that nothing herein contained shall be construed to prevent the court from dealing thereafter with the offence as an indictable offence, if it thinks fit so to do;
(b) the evidence of any witness taken before the court assumed the power to deal with the offence summarily need not be taken again but every such witness shall, if the defendant so requires, be recalled for the purpose of cross-examination;
(c) the conviction for any such offence shall be of the same effect as a conviction on a trial on information for the offence;
(d) where the court has assumed the power to deal with the offence summarily and dismisses the complaint on the merits it shall, if required, deliver to the person charged a copy, certified under the hand of the magistrate, of the order of dismissal, and such dismissal shall be of the same effect as an acquittal on a trial on indictment for the offence.
Chapter 5
Part 36
Preliminary Inquiry by a magistrate into an Indictable Offence
Place of Inquiry not an Open Court
Local Inspection and Medical Examination
(a) to make or cause to be made such local inspection as the circumstances of the case may require; and
(b) if necessary in any case of homicide or serious injury to the person, to cause the body of the person killed or, if he consents, of the person injured to be examined by a qualified medical practitioner, if any such can be had, and if not then, if the court considers it necessary, by the most competent person that can be obtained, and the deposition of such medical officer or other person shall afterwards, if necessary, be taken.
(2) Every qualified medical practitioner or other person as aforesaid who refuses or neglects, without reasonable excuse, to comply with any order or direction of a magistrate given under this section shall be liable, on summary conviction, to a penalty of two hundred naira.
(a) when an accused person is before a magistrate the magistrate shall cause the substance of the complaint to be stated to the accused who shall not be required to make any reply thereto; if any such reply is made it shall not be recorded by the magistrate;
(b) the magistrate shall examine the witnesses for the prosecution apart from each other unless the magistrate thinks it is necessary or conducive to the ends of justice that any particular witness should be permitted or required to be present during the whole or any part of the examination of any other of the witnesses;
(c) the evidence of such witnesses shall be given in the presence of the accused and the accused shall be entitled to cross-examine them and shall be informed of such right if not represented by a legal practitioner;
(d) the evidence of every such witness shall be taken down in writing by the magistrate in the form of a deposition;
(e) such deposition shall be read over to the witness in the presence and hearing of the accused and shall be signed by the witness and the magistrate and by the interpreter, if any, or if the witness refuses to sign or is incapable of signing then by the magistrate and the magistrate shall as soon as practicable thereafter bind over the witness to attend the trial in manner hereinafter provided;
(f) any witness who refuses without reasonable excuse to sign his deposition may be committed by the magistrate holding the inquiry by warrant to prison or other place of safe custody there to be kept until after the trial or until the witness signs his deposition before a magistrate:
Provided that if the accused person is afterwards discharged, the magistrate may order any such witness to be discharged.
(2) Every witness so bound over shall enter into a recognizance and such recognizance shall specify the name and surname of the person entering into it, his occupation or profession, if any, and his address.
(3) Such recognizance may be either at the foot of the deposition or separate therefrom, and shall be acknowledged by the person entering into it, and be subscribed by the magistrate before whom it is acknowledged.
(4) Any witness who refuses, without reasonable excuse, to enter into such recognizance may be committed by the magistrate holding the inquiry by a warrant to prison or other place of safe custody, there to be kept until after the trial, or until the witness enters into such recognizance before a magistrate:
Provided that if the accused person is afterwards discharged, any magistrate may order any such witness to be discharged forthwith.
(2) After so doing the magistrate shall then address to him the following words or words to the like effect-
“Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial.”
(3) Before the accused makes any statement in answer to the charge, the magistrate shall state to him and give him clearly to understand that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding the promise or threat.
(4) (a) Whatever the accused then states in answer to the charge shall be taken down in full and shall be read over to the accused who shall be at full liberty to explain or add to his statement which shall be signed by the magistrate and also, if the accused so desires, by him and shall be transmitted to the court of trial with the depositions of the witnesses in manner hereinafter provided.
(b) On the trial the statement of the accused taken down as aforesaid, and whether signed by him or not may be given in evidence without further proof thereof unless it is proved that the magistrate purporting to sign the statement did not in fact sign it.
(5) (a) Immediately after complying with the requirements of this section relating to the statement of the accused and whether the accused has or has not made a statement the magistrate shall ask the accused whether he desires to give evidence on his own behalf or whether he desires to call witnesses.
(b) If the accused in answer to the question states that he wishes to give evidence but not to call witnesses the magistrate shall proceed to take forthwith the evidence of the accused, and after the conclusion of the evidence of the accused the legal practitioner, if any, appearing for the accused shall be heard on his behalf if he so desires.
(c) If the accused in answer to the question states that he desires to give evidence on his own behalf and to call witnesses or to call witnesses only the magistrate shall proceed to take either forthwith, or if an address is to be made by a legal practitioner on behalf of the accused after the conclusion of that address, the evidence of the accused, if he desires it give evidence himself, and of the witness called by him who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.
(d) All statements made by the accused shall be taken down in writing and all evidence given by him or any such witness as aforesaid under this subsection shall be taken down in writing in the form of a deposition and the provisions of paragraph (e) of section 312 of this Act relating to the reading over and signing of depositions of witnesses for the prosecution shall apply to such depositions and such statement and depositions shall be transmitted to the court of trial together with the other depositions of the witnesses for the prosecution.
(2) Every witness so bound over shall enter into a recognizance and such recognizance shall be in the same form and contain the same matters so far as may be applicable as the recognizance entered into under section 313 of this Act.
(2) The magistrate taking the deposition shall, where practicable, by an order in writing under his hand, cause reasonable notice to be served on the prosecutor and the accused, if not in custody, of his intention to take the same and of the time and place where it is to be taken; and if the accused is in custody, direct the officer in charge of the prison having the custody of the accused to cause him to be conveyed to the place where the examination is to be taken, for the purpose of being present when it is taken, and to be taken back to prison afterwards.
(3) The provisions of section 312 of this Act relating, subject to the provisions of section 310 of this Act, to the persons who may be present at the taking of the deposition, to cross-examination, to the taking down of the evidence and to the reading over and signing of the deposition shall, so far as the same are applicable, apply to depositions taken under this section.
(4) Every deposition taken under this section, if such deposition was taken by some other magistrate, shall be forwarded to the magistrate by whom the preliminary inquiry into such indictable offence is being or has been held and such deposition shall be treated in all respects in the same way and shall be considered for all purposes as a deposition taken upon the preliminary inquiry.
(5) In this section “magistrate” includes a magistrate of a court established for any other State.
Discharge or Committal for Trial
(2) If the accused is discharged any recognizance taken in respect of the charge shall then become void.
(3) Nothing contained in this section shall prevent the court from either forthwith, or after such adjournment of the investigation as may seem expedient in the interests of justice, proceeding to investigate any other charge upon which the accused may have been summoned or otherwise brought before the court, or which in the course of the charge so dismissed as aforesaid it may appear that the accused has committed.
Conditional Binding over of Witnesses
(2) Where a witness has been, or is to be treated as having13 of 1953. been, bound over conditionally to attend the trial, the prosecutor or the person committed for trial may give notice-
(a) at any time before the record of the preliminary inquiry is transmitted to the court of trial in accordance with the provisions of section 330 of this Act, to the registrar of the magistrate’s court; and
(b) at any time thereafter to the registrar of the court of trial,
that he desires the witness to attend at the trial, and any such registrar to whom any such notice is given shall forthwith notify the witness that he is required so to attend in pursuance of the recognizance.
(3) The magistrate shall on committing the accused for trial inform him of his right to require the attendance at the trial of any such witness as aforesaid and of the steps which he must take for the purpose of enforcing such attendance.
(4) Where any person has been committed for trial for any offence, the deposition of a witness whose attendance at the trial is stated to be unnecessary in accordance with. the provisions of subsections (1), (2) and (3) this section may, if the conditions hereinafter set out are satisfied , without further proof be read as evidence on the trial of that person, whether for that offence or for any other offence arising out of the same transaction, or set of circumstances, as that offence; the conditions hereinbefore referred to are the following-
(a) it must be proved at the trial, either by a certificate purporting to be signed by the magistrate before whom the deposition purports to have been taken or by the oath of a credible witness, that the deposition was taken in the presence of the accused and that the accused or a legal practitioner on his behalf had full opportunity of cross-examining the witness;
(b) the deposition must purport to be signed by the magistrate before whom it purports to have been taken:
Provided that the provisions of this subsection shall not have effect in any case in which it is proved-
(i) that the deposition, or, where the proof required by paragraph (a) of this subsection is given by means of a certificate, that the certificate, was not in fact signed by the magistrate by whom it purports to be signed, or
(ii) that the witness by whom the deposition was made has been duly notified that he is required to attend the trial.
Transmission of Depositions, Recognizances and Exhibits
Provided that if the person committed states he does not require such copies it shall not be necessary to supply them.
Adjudication by Magistrate instead of Committal for Trial
Provided that in every such case the accused shall be entitled to have recalled for cross-examination all witnesses for the prosecution whom he had not already cross-examined or fully cross-examined.
Control of the State in Proceedings in which an Accused has been committed for Trial
(2) Any directions given by a law officer or State counsel under this section shall be in writing signed by him, and shall be put into effect by the magistrate.
(3) The law officer or State counsel may at any time add to, alter or revoke any such directions.
(4) If, upon receipt of the depositions and other documents mentioned in section 330 of this Act, whether or not the inquiry has been reopened under this section, a law officer is of opinion that the accused person should not have been committed for trial but that the case should have been dealt with summarily, the law officer may, if he thinks fit, refer back the case to the magistrate with directions to deal with the same accordingly, and with such other directions as he may think proper.
(5) When a law officer or State counsel directs that an inquiry shall be reopened or where a law officer directs that a case shall be dealt with summarily, the following provisions shall have effect-
(a) if the accused is in custody the magistrate shall by an order in writing under his hand direct the officer in charge of the prison having the custody of such accused person to convey him or cause him to be conveyed to the place named in such order for the purpose of being dealt with as the magistrate may direct;
(b) if the accused person is on bail the magistrate shall issue a summons for his attendance at a time and place named in such summons and if the accused person does not attend in obedience to such summons the magistrate shall issue a warrant for his apprehension and in either event the proceedings shall thereafter be continued under the provisions of Parts 33 and 35 of this Act.
(6) The provisions of this section shall be in addition to and not in derogation of any other powers vested in the Attorney-General of the Federation or a State under the provisions of any written law.
Chapter 6
Proceedings after an Accused has been committed by a Magistrate to the High Court for Trial
Part 37
Information
In the High Court of the State
The Judicial Division
The day of 19 .
At the sessions holden at on the day of ,19 , the court is informed by the Attorney-General on behalf of the State that C.D. is charged with the following offence [or offences].
(a) a description of the offence charged in such information or, where more than one offence is so charged, of each offence so charged, shall be set out in the information in a separate paragraph called a count;
(b) a count of an information shall commence with a statement of the offence charged, called the statement of offence;
(c) the statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms and without necessarily stating all the essential elements of the offence, and, if the offence charged is one created by a written law, shall contain a reference to that written law;
(d) after the statement of offence, particulars of that offence shall be set out in ordinary language:
Provided that where any written law limits the particulars of an offence which are required to be given in an information nothing in this paragraph shall require any more particulars to be given than those so required;
(e) where an information contains more than one count, the counts shall be numbered consecutively.
(2) The forms set out in the Third Schedule to this Act hereto or forms conforming thereto as nearly as may be shall be used in the cases to which they are applicable and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances of each case.
Proceedings Preliminary to Trial
Provided that if the registrar shall refuse to file an information, a Judge, if satisfied that the said requirements have been complied with, may, on the application of the prosecutor or on his own motion, direct the registrar to file the information and it shall be filed accordingly.
(2) Subject as hereinafter provided no information charging any person with an indictable offence shall be preferred unless the information is preferred pursuant to an order made under Part 31 of this Act to prosecute the person charged for perjury:
Provided that a charge of a previous conviction of an offence or of being an habitual criminal or of being an habitual drunkard may, notwithstanding that it was not included in any such direction as aforesaid, be included in the information.
(3) If an information preferred otherwise than in accordance with the provisions of the last foregoing subsection has been filed by the registrar the information shall be liable to be quashed:
Provided that-
(a) if the information contains several counts, and the said provisions have been complied with as respects one or more of them, those counts only that were wrongly included shall be quashed under this section; and
(b) where a person who has been committed for trial is convicted on any information or on any count of an information, that information or count shall not be quashed under this section in any proceedings on appeal, unless application was made at the trial that it should be so quashed.
(2) Where the Governor shall for reasons of public convenience think fit, an information may be signed by any other public officer or person whom the Governor may designate.
(a) it has endorsed thereon a certificate by a law officer to the effect that he has seen such information and declines to prosecute at the public instance the offence therein set forth; and
(b) such private person has entered into a recognizance in the sum of one hundred naira, together with one surety to be approved by the registrar in the like sum, to prosecute the said information to conclusion at the times at which the accused shall be required to appear and to pay such costs as may be ordered by the court, or, in lieu of entering into such recognizance shall have deposited one hundred naira in court to abide the same conditions.
343 Where any private person has complied with the provisions of section 342 of this Act the information shall be Signed by such person and not by a law officer, or other person designated by the Governor as aforesaid and such person shall be entitled to prosecute the information.
Venue
(a) where any cause is commenced in any other division than that in which it ought to have been commenced, it may, notwithstanding, be tried therein, unless the defendant shall object thereto at or before the time when he is called upon to plead or to state his answer in such cause; and
(b) either the prosecutor or the accused, whenever he considers that the ends of justice so require, in any case may apply to the court either to transfer the hearing from one division to another or from one part of one division to another part of the same division.
Notice of Trial
A.B. Take notice that you will be tried on the information whereof this is a true copy, at the sessions to be held at on the day of , 19
Provided that nothing herein contained shall prevent any person in custody or awaiting trial at the opening of or during any sessions, from being tried thereat, if he shall have been served with a copy of the information and notice of trial not less than three days before the date on which he is to be tried:
Provided further that such last mentioned period of three days may be reduced to a shorter period if such person shall express his assent thereto and no special objection be made thereto on the part of the State.
(2) The sheriff or other proper officer shall in like manner deliver to each witness the said notice of trial.
Proceedings at Trial and Subsequent Proceedings
(2) After the plea of the accused to the information or any count thereof has been recorded, it shall no longer be open to the accused to raise with respect to his case any objection relating to the validity of any of the following matters, that is to say-
(a) the preliminary inquiry;
(b) the committal for trial;
(c) any direction or consent given in the case by a Judge in pursuance of section 340(2)(b) of this Act;
(d) any order made in the case under Part 31 of this Act for the prosecution of the accused for perjury.
Attendance of Witnesses
Miscellaneous Provisions
Part 38
Summary Trial after Committal
(a) shall direct the registrar to charge the accused with the offence in respect of which he has been committed for trial; and
(b) may in his discretion direct the registrar to charge the accused with any other offence founded in the opinion of the presiding Judge on the facts disclosed in the depositions; and
(c) shall explain the substance of the charge or charges to the accused and require him to plead thereto.
(2) If the accused admits the truth of the charge the court may convict him and pass sentence according to law.
(3) If the accused does not admit the truth of the charge the court shall proceed to hear the witnesses and to determine the case; the Judge shall take such steps as he may be authorised to use to enforce the attendance of such an accused person committed for trial and all material witnesses as he may think fit.
Chapter 7
Provision Relating to Sentences of Death, Imprisonment, Caning and Fine
PART 39
General
Part 40
Capital Sentences
(2) Sentence of death shall be pronounced in the following form-
“The sentence of the court upon you is that you be hanged by the neck until you be dead and may the Lord have mercy on your soul.”
(2) Where a woman found guilty of a capital offence is found in accordance with the provisions of section 376 of this Act to be pregnant the sentence of death shall not be passed on her but in lieu thereof she shall be sentenced to imprisonment for life.
(3) Where an offender who in the opinion of the court had not attained the age of seventeen years at the time the offence was committed is found guilty of a capital offence sentence of death shall not be pronounced or recorded but in lieu thereof the court shall order such person to be detained during the pleasure of the President and if so ordered he shall be detained in accordance with the provisions of Part 44 of this Act notwithstanding anything to the contrary in any written law.
371A. The provisions of sections 371B to 37IG of this Act shall apply in the case of a sentence of death for an offence in respect of which the power of pardon is vested in the President.
371B. Any Judge who pronounces a sentence of death shall issue under his hand and the seal of the court a certificate to the effect that sentence of death has been pronounced upon the person named in the certificate, and such certificate shall be sufficient and full authority in law for the detention of the offender in safe custody until the sentence of death pronounced upon him can be carried into effect and for carrying such sentence of death into effect in accordance with and subject to the provisions of this Part.
371c. The registrar of the court by which the person is sentenced to death shall, as soon as practicable after sentence has been pronounced-
(a) hand two copies of the certificate issued by the Judge under the provisions of section 371B of this Act to the police officer responsible for the safe custody of the sentenced person, one of which copies shall be retained by the police officer and the other handed to the superintendent or other officer in charge of the prison in which the person is to be confined;
(b) transmit to the sheriff one copy of the said certificate-, and
(c) file one copy of the said certificate with the record of the proceedings in the case.
371D. The Judge who passed sentence shall as soon as practicable after sentence has been pronounced, transmit to the Minister designated to advise the President on the exercise of the prerogative of mercy (hereafter in this Part referred to as the Minister) a certified copy of the record of the proceedings at the trial, together with a copy of the certificate issued by him under the provisions of section 371 B of this Act, and a report in writing signed by him containing any recommendations or observations with respect to the sentenced person and with respect to his trial that he thinks fit to make.
371E. (1) Where a person-
(a) has been sentenced to death; and
(b) has exercised his legal rights of appeal against the conviction and sentence and the conviction and sentence have not been quashed or the sentence has not been reduced, or has failed to exercise his legal rights of appeal or having filed an application for leave to appeal or an appeal, has failed to perfect or prosecute such application or appeal within the time prescribed by law,
the Minister shall, after considering the report made under section 371D of this Act, and after obtaining the advice of the Advisory Council on the Prerogative of Mercy, decide whether or not to recommend that the sentence should be commuted to imprisonment for life, or that the sentence should be commuted to any specific period, or that the offender should be otherwise pardoned or reprieved.
(2) Where, for the purposes of subsection (1) of this Act, the Advisory Council on the Prerogative of Mercy is required to advise the Minister in relation to any person sentenced to death, the Attorney-General of the Federation shall cause a record of the case to be prepared and submitted to the Advisory Council, and the Advisory Council shall, in giving its advice, have regard to the matters set out in that record.
371F. If the Minister decides not to recommend that the sentence should be commuted or that the offender should be otherwise pardoned or reprieved he shall cause the sheriff to be informed and the sentence of death pronounced upon the offender shall be carried into effect in accordance with and subject to the provisions of this Part of this Act and the sheriff shall thereupon make arrangements accordingly pursuant to the sentence of death pronounced upon the offender.
371G. (1) Where the Minister decides to recommend that the sentence should be commuted or that the offender should be otherwise pardoned or reprieved, he shall issue an order, one copy of which shall be sent to the superintendent or other officer in charge of the prison in which the offender is confined, and another copy of which shall be sent to the sheriff, directing that the execution be not proceeded with, and, as the case may be, that the offender be imprisoned in accordance with the recommendation, or that the offender be released, subject in either case to such conditions, if any, as may be specified.
(2) The sheriff and the superintendent or other officer in charge of the prison in which the offender is confined shall comply with and give effect to every order issued under the provisions of subsection (1) of this Act.
(2) When the place or time of execution or the place of burial is appointed by some person and is not stated in the order of the appropriate authority the specified officer shall endorse on the order over his signature the place and time of execution and place of burial or some one or more of them according to the terms of the order.
Provided that if for any reason a copy of the order of the appropriate authority be not received by the sheriff or Governor before the date fixed therein or endorsed thereon for execution, the said sheriff or Governor shall nevertheless have the order carried into effect upon the earliest convenient day after receipt thereof.
(2) Whenever the appropriate authority as defined in section 370 of this Act is the Governor of a State an order under his hand shall be sufficient authority in law notwithstanding that the place where the execution is to be had may be outside the State of such Governor.
Provided further that the substance of the order of the appropriate authority may in the first instance be communicated by telegraph to the Governor of a State who shall then telegraph to the appropriate authority for a confirmatory telegram, and on receipt of such confirmatory telegram, the Governor shall issue directions to cause effect to be given to the terms of the order of the appropriate authority.
(2) Whenever the appropriate authority as defined in section 370 of this Act is the Governor of a State an order under his hand shall be sufficient authority in law notwithstanding that the place where the execution is to be had may be outside the State of such Governor.
Procedure Where Woman Convicted of Capital Offence is alleged to be Pregnant
(2) The question whether the woman is pregnant or not shall be determined by the court on such evidence as may be laid before it on the part of the woman or on the part of the prosecution, and the court shall find that the woman is not pregnant unless it is proved affirmatively to the satisfaction of the court that she is pregnant.
(3) Where on proceedings under this section the court finds the woman in question is not pregnant the court shall pronounce sentence of death upon her.
(4) An appeal shall lie to the Supreme Court against such finding and that court, if satisfied that the finding should be set aside, shall quash the sentence passed on her and in lieu thereof pass on her a sentence of imprisonment for life.
(5) The rights conferred by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such a woman to allege in stay of execution that she is quick with child the last mentioned right having ceased to exist.
(6) The court shall report to the appropriate authority any case in which the court passes a sentence of imprisonment for life under this section.
Part 41
Imprisonment
(2) The court may order the said chief to be detained in custody or, in its discretion, may release him on bail until the decision of the Governor be known and any such period of detention shall, if the sentence was one of imprisonment and if the Governor orders that the sentence shall be carried out, be reckoned as part of the sentence of imprisonment passed as aforesaid.
Provided that the court shall, before making an order of detention under this section, take into consideration the distance between the place of detention and the offender’s abode, if his abode is known to or ascertainable by, the court, and shall not make any such order of detention under this section as will deprive the offender of a reasonable opportunity of returning to his abode on the day on which such order of detention is made.
381 A sentence of imprisonment takes effect from and includes the whole of the day of the date on which it was pronounced.
(2) In the case of a conviction in the High Court, the amount of the fine shall be in the discretion of the court, and any term of imprisonment imposed in default of payment of the fine shall not exceed two years.
(3) In the case6f a conviction in a magistrate’s court-
(a) the amount of the fine shall be in the discretion of the court but shall not exceed the maximum fine authorised to be imposed by the magistrate by or under the law by virtue of which he was appointed a magistrate; and
(b) no term of imprisonment imposed in default of payment of the fine shall exceed the maximum fixed in relation to the amount of the fine by the scale specified in subsection (2) of section 390 of this Act.
(4) In no case shall any term of imprisonment imposed in default of payment of a fine which has been imposed by virtue of the power in that behalf contained in subsection (1) of this section, exceed the maximum term authorised as a punishment for the offence by the written law.
(5) The provisions of this section shall not apply in any case where a written law provides a minimum period of imprisonment to be imposed for the commission of an offence.
Part 42
Caning
384 No person shall be sentenced to be caned more than once for the same offence.
(2) Where a person is convicted of one or more offences at one trial the total number of strokes awarded shall not exceed twelve.
(2) Where a sentence or order of corporal punishment as aforesaid has upon appeal been confirmed or varied the sentence or order of corporal punishment as confirmed or varied, as the case may be, shall be carried out as soon as practicable thereafter and if the person upon whom the sentence or order is to be carried out is on bail and does not surrender to his bail, or if not in custody does not voluntarily surrender himself, the court which convicted such person may issue a warrant to arrest the said person who shall thereupon be apprehended and the sentence or order of corporal punishment shall thereafter be carried out as soon as practicable.
Part 43
Fines
(a) imprisonment as well as fine, and sentenced to pay a fine, whether with or without imprisonment; or
(b) imprisonment or fine, and sentenced to pay a fine, may be ordered to suffer imprisonment, in default of payment of the fine, for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced.
(2) Subject in every case to the provisions of the written law on which the order is founded, the period of imprisonment, whether with or without hard labour, which is imposed by the court in respect of the non-payment of any sum of money adjudged to be paid by an order shall be such period as in the opinion of the court will satisfy the justice of the case but shall not exceed the maximum fixed in the following scale, that is to say-
Where the fine- |
The period of imprisonment shall not exceed- |
does not exceed one naira |
seven days |
exceeds one naira and does not exceed two naira |
fourteen days; |
exceeds two naira and does not exceed twenty naira |
one month; |
exceeds twenty naira and does not exceed sixty naira |
Two months; |
exceeds sixty naira and does not exceed one hundred naira |
four months; |
exceeds one hundred naira and does not exceed two hundred naira |
Six months |
exceeds two hundred naira and does not exceed four hundred naira one year; |
One year |
exceeds four hundred naira |
Two years |
(3) No commitment for non-payment of a fine shall be for a longer period than two years, except where the law under which the conviction has taken place enjoins or allows a longer period.
Assessment of Fine
(a) in the first place in the repayment to the informant or complainant of any court or other fees paid by him and ordered by the court to be repaid;
(b) in the second place the payment of any court fees not already paid by the informant or complainant which may be payable under rules of court;
(c) the balance, if any, remaining after the aforesaid payments have been made shall be paid into general revenue.
Commitment of Defendant for Non-Payment of Fine or Penalty
(a) issue a warrant of commitment forthwith;
(b) allow time for the payment of the said sum;
(c) direct payment of the said sum to be made by instalments; or
(d) direct that the person liable to pay the said sum shall be at liberty to give, to the satisfaction of the court, security, either with or without a surety or sureties, for the payment of the said sum or any instalment thereof.
(2) Where time has been allowed for the payment of a sum adjudged to be paid by a conviction or order, further time may, on an application by or on behalf of the person liable to pay such sum, be allowed by a court having jurisdiction to issue a warrant of commitment in respect of the non-payment of such sum as aforesaid, or such court may, subject as aforesaid, direct payment by instalments of the sum so adjudged to be paid.
(3) Where a sum of money is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in the payment of all the instalments then remaining unpaid.
(4) If before the expiration of the time allowed the person convicted surrenders himself to the court having jurisdiction to issue a warrant of commitment in respect of the non-payment of such sum as aforesaid, and states that he prefers immediate committal to awaiting the expiration of the time allowed, the court may if it thinks fit forthwith issue a warrant committing him to prison.
(2) Where application is made to the court for a warrant for committing a person to prison for non-payment of any sum of money adjudged to be paid by an order, the court may, if it deems it expedient so to do, postpone the issue of such warrant until such time and on such conditions, if any, as to the court may seem just.
(3) When the court orders the imprisonment of any person, the court may, if it thinks fit, order that such imprisonment shall not commence forthwith, but shall commence on any day not more than three months after the date of such order as the court may fix, and in such case the court may either suffer the person to go at large until such day or discharge him upon his entering into a recognisance, with or without sureties, conditioned for his reappearance on such day to undergo such imprisonment.
(4) Any warrant of commitment issued under the provisions of this section may be executed on any day including a Sunday or a public holiday.
(2) In any case where under the last preceding subsection a sum has been received in part satisfaction of a sum due from a prisoner in consequence of the conviction of the court such sum shall be applied firstly, towards the payment in full or in part of any costs or damages or compensation which the court may have ordered to be paid to the complainant, and, secondly, towards the payment of the fine, if any, imposed on the prisoner.
(3) Subject to the provisions of subsection (2) of this Section where an amount is paid towards a fine the procedure as hereunder in this subsection set forth shall be followed-
(a) the imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which such person is committed as the sum so paid towards the fine bears to the amount of the fine for which such person is liable-
(b) the superintendent or other officer in charge of a prison in which is confined a person who has made such part payment shall as soon as practicable thereafter take such person before a court and such court shall certify the amount by which the term of imprisonment originally awarded is reduced by such payment in part satisfaction and shall make such order as is required in the circumstances:
Provided that where in the opinion of the superintendent or other officer as aforesaid the delay occasioned by taking such person before a court shall be such that the person will be detained beyond the date upon which he should by reason of such part payment be released, such superintendent or other officer may release such person on the day which appears to such superintendent or other officer to be the correct day, endorse the warrant accordingly and shall as soon as practicable thereafter inform the court of the action taken and such court shall thereupon make such order or record as the court may consider to be required in the circumstances.
(4) In reckoning the number of days by which any term of imprisonment would be reduced under this section, the first day of imprisonment shall not be taken into account and in reckoning the sum which will secure the reduction of a term of imprisonment, fractions of a kobo shall be omitted.
Distress
Fines may be ordered to be recoverable by distress.
(2) In the execution of a distress warrant the following provisions shall have effect-
(a) a warrant of distress shall be executed by or under the direction of the sheriff,
(b) if the person charged with the execution of the warrant is prevented from executing the same by the fastening of doors or otherwise, the magistrate may, by writing under his hand endorsed on the warrant, authorise him to use such force as may be necessary to enable him to execute the warrant;
(c) the wearing apparel and bedding of the person and of his family, and to the value of ten naira the tools an implements of his trade, shall not be taken;
(d) except as provided in paragraph (e) of this subsection and so far as the person upon whose movable property the distress is levied consents in writing to an earlier sale the goods distrained on shall be sold at public auction not less than five days and not more than fourteen days after the making of the distress; but where consent in writing is so given as aforesaid the sale may be in accordance with such consent;
(e) subject as aforesaid, the goods distrained on shall be sold within the time fixed by the warrant, unless the sum for which the warrant was issued and also the charges, if any, of taking and keeping the goods distrained on, are sooner paid;
(f) if any person charged with the execution of a warrant of distress wilfully retains from the proceeds of any property sold to satisfy the distress, or otherwise exacts, any greater costs or charges than those to which he is for the time being entitled, by law, or makes any improper charge, he shall be liable, on summary conviction before a magistrate, to a penalty not exceeding twenty naira:
Provided that nothing herein contained shall affect the liability of any such person to be prosecuted and punished for extortion;
(g) a written account of the costs and charges incurred in respect of the execution of any warrant of distress shall, as soon as practicable, be delivered by the person charged with the execution of the warrant to the magistrate; and it shall be lawful for the person upon whose movable property the distress was levied, at any time within one month after the making of the distress, to inspect such account, without payment of any fee or reward, at any time during office hours, and to take a copy of such account;
(h) a person charged with the execution of a warrant of distress shall sell the distress or cause the same to be sold, and may deduct out of the amount realised by such sale all costs and charges actually incurred in effecting such sale, and shall pay to the magistrate or to some person specified by him, the remainder of such amount, in order that the same may be applied in payment of the sum for which the warrant was issued and of the proper costs and charges of the execution of the warrant, and that the surplus, if any, may be rendered to the person upon whose movable property the distress was levied.
Chapter 8
Detention during the Pleasure of President and Deportation
Part 44
Detention during the Pleasure of the President
(2) A person detained during the pleasure of the President may at any time be discharged by the President on licence.
(3) A licence may be in such form and may contain such conditions as the President may direct.
(4) A licence may at any time be revoked or varied by the President and where a licence has been revoked the person to whom the licence relates shall proceed to such place as the President may direct and if he fails to do so may be arrested without warrant and taken to such place.
Part 45
Deportation
(a) in the case of a citizen of Nigeria deportation from the place where the offence took place or proceedings which culminated in the recommendation for deportation were heard to any other place in Nigeria; and
(b) in the case of a person not a citizen of Nigeria to a place outside Nigeria.
404 Where a person is convicted of an offence punishable by imprisonment without the option of a fine the court may, in addition to or instead of any other punishment, recommend to the President that he be deported if it appears to the court to be in the interest of peace, order and good government that an order of deportation should be made under this section.
405 Where, upon any sworn information, it appears to a court that there is reason to believe that any person in the State is about to commit a breach of the peace, or that his conduct is likely to produce or excite to a breach of the peace, the court, after due inquiry at which the person concerned shall be present, may order him to give security in two or more sureties for peace and good behaviour, and in default, may recommend to the President that he be deported.
(2) After considering the representation, if any, of the person concerned and the facts upon which the proceedings are founded the court shall decide whether or not to recommend to the President that the person concerned be deported.
408 Where the court decides to recommend to the President the deportation of any person under section 404, 405 or 406 of this Act the court shall forthwith forward to the resident the recommendation together with a report setting out the reasons why the court considers it necessary to make the recommendation and a certified copy of any proceedings relating thereto.
410 If after considering any such recommendation as aforesaid the President shall decide that in the interest of peace, order and good government, an order of deportation should be made, he may by writing under his hand and seal order the person to be deported to such place outside Nigeria as he may direct:
Provided that an order shall not be made to deport a citizen of Nigeria to any place outside Nigeria.
(2) An order of deportation may be expressed to be in force for a time to be limited therein, or for an unlimited time and may require the deported person to report himself to the nearest administrative officer or officer of police at intervals of not less than thirty days.
(3) An order of deportation shall be sufficient authority to all persons to whom it is directed or delivered for execution to receive and detain the person therein named and to carry him to the place named.
(4) If a person leaves or attempts to leave the district or place to which he has been deported, while the order of deportation is still in force, without the written consent of the President, which consent may be given subject to any terms as to security for good behaviour or otherwise as to the President may seem good, or wilfully neglects or refuses to report himself as ordered, such person is liable to imprisonment for six months and to be again deported on a fresh warrant under the original order or under a new order.
Chapter 9
Juvenile Offenders and Probation
Part 46
Juvenile Offenders
416 Where in the course of any proceedings in a court sitting as provided in section 415 of this Act it appears to the court that the person charged or to whom the proceedings relate has attained the age of seventeen years or upwards or where in the course of any proceedings in a magistrate’s court other than a court sitting as provided in section 415 of this Act it appears that the person charged or to whom the proceedings relate has not attained the age of seventeen years, nothing in section 415 of this Act shall be construed as preventing the court if it thinks it undesirable to adjourn the case from proceeding with the hearing and determination of the case.
417 Provisions shall be made, as far as practicable, for preventing persons who apparently have not yet attained the age of seventeen years whilst being conveyed to or from court or whilst waiting before or after their attendance in court from associating with adults charged with or convicted of any offence other than an offence with which the person who apparently has not yet attained the age of seventeen years is jointly charged or found guilty.
Provided that bona fide representatives of a newspaper or news agency shall not be excluded except by special directions of the court.
(2) No young person shall be ordered to be imprisoned if he can be suitably dealt with in any other way whether by probation, fine, corporal punishment or otherwise.
(3) A young person ordered to be imprisoned shall not, so far as the same may be practicable, be allowed to associate with adult prisoners.
421 Notwithstanding anything in this Act to the contrary where a child or young person is found guilty of an attempt to murder, or of manslaughter, or of wounding with intent to do grievous bodily harm, the court may order the offender be detained for such period as may be specified in the order, and where such an order is made the child or young person shall, during the period, be liable to be detained in such place and on such conditions as the President may direct, and whilst so detained shall be deemed to be in legal custody.
422 Where a person who apparently has not attained the age of seventeen years is apprehended with or without warrant and cannot be brought forthwith before a court, the police officer in immediate charge for the time being of the police station to which such person is brought, shall inquire into the case and shall-
(a) unless the charge is one of homicide or other grave crime; or
(b) unless it is necessary in the interest of such person to remove him from association with any reputed criminal or prostitute; or
(c) unless the officer has reason to believe that the release of such person would defeat the ends of justice,
release such person on a recognizance being entered into by him or by his parent or guardian, with or without sureties, for such an amount as will, in the opinion of the officer, secure the attendance of such person upon the hearing of the charge.
(a) that it is impracticable to do so; or
(b) that he is of so unruly a character that he cannot be safely so detained; or
(c) that by reason of the state of health or his mental or bodily condition it is inadvisable so to detain him,
and the certificate shall be produced to the court before which the person is brought.
Provided that in the case of a young person it shall not be obligatory on the court so to commit him if the court is of opinion that he is of so unruly a character that he cannot be safely so committed, or that he is so depraved a character that he is not a fit person to be so detained or that no person can be found who will agree to undertake the custody of such child.
(2) A commitment under this section may be varied or, in the case of a young person who proves to be of so unruly a character that he cannot be safely detained in such custody or to be of so depraved a character that he is not a fit person to be so detained or the custody of whom no person can be found to agree to undertake, revoked by any court and if it is revoked the young person may be committed to prison.
(2) Where the child or young person is arrested, the police officer by whom he is arrested or the police officer in immediate charge of the police station to which he is brought shall cause the parent or guardian of the child or young person, if he can be found, to be warned to attend at the court before which the child or young person will appear.
(3) For the purpose of enforcing the attendance of a parent or guardian and enabling him to take part in the proceedings and enabling orders to be made against him, the provisions of this Act for enforcing the attendance of an accused person shall apply, with the necessary adaptations and modifications as appear appropriate for the purpose, and a summons to a child or young person may include a summons to his parent or guardian.
(4) The parent or guardian whose attendance shall be required under this section shall be the parent or guardian having the actual possession and control of the child or young person:
Provided that if that person is not the father, the attendance of the father may also be required.
(5) The attendance of the parent of a child or young person shall not be required under this section in any case where the child or young person was before the institution of the proceedings removed from the custody or charge of his parent by an order of a court.
(a) by dismissing the charge; or
(b) by discharging the offender on his entering into a recognizance; or
(c) by so discharging the offender and placing him under the supervision of a probation officer; or
(d) by committing the offender to the care of a relative or other fit person; or
(e) by sending the offender to a Government establishment or an institution; or
(f) by ordering the offender to be whipped; or
(g) by ordering the offender to pay a fine, damages, or costs; or
(h) by ordering the parent or guardian of the offender to pay a fine, damages, or costs; or
(i) by ordering the parent or guardian of the offender to give security for his good behaviour; or
(j) by committing the offender with the approval of the Governor, to custody in a place of detention established under the Children and Young Persons Law of a State;
(k) where the offender is apparently fourteen years old or upwards, by sentencing him to imprisonment; or
(1) by dealing with the case in any other manner in which it may be legally dealt with:
Providing that nothing in this section shall be construed as authorising the court to deal with any case in any manner in which it could not deal with the case apart from this section.
(2) Where a child or young person is charged with any offence, the court may order his parent or guardian to give security for his good behaviour.
(3) Where the court thinks that a charge against a child or young person is proved, the court may make an order on the parent or guardian under this section for the payment of damages or costs or requiring him to give security for good behaviour, without proceeding to the conviction of the child or young person.
(4) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.
(5) Any sums imposed and ordered to be paid by a parent or guardian under this section, or on forfeiture of any such security as aforesaid, may be recovered from him by distress or imprisonment in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child or young person was charged.
(6) A parent or guardian my appeal against an order under this section to the High Court.
(2) A person who apparently has attained nine years of age but who has not attained fourteen shall not be sentenced to imprisonment for an offence or committed to prison in default of payment of a fine, damages, or costs unless the court is of opinion that the individual in question is of so unruly a character that he cannot be detained in a convenient Government establishment or an institution or that he is of so depraved a character that he is not a fit person to be so detained.
434 A child or young person whilst so detained and whilst being conveyed to and from the place of detention shall be deemed to be in legal custody and if he escapes may be apprehended without warrant and brought back to the place in which he was detained.
Part 47
Probation
(a) dismissing the charge; or
(b) discharging the offender conditionally on his entering into a recognisance, with or without sureties, to be of good behaviour and to appear at any time during such period not exceeding three years as may be specified in the order.
(2) The court may, in addition to any such order, order the offender to pay such damages for injury or compensation for loss, not exceeding twenty naira or if a higher limit is fixed by any enactment relating to the offence that higher limit, and to pay such costs of the proceedings as the court thinks reasonable and if the offender has not attained the age of seventeen years and it appears to the court that the parent or guardian of the offender has conduced to the commission of the offence the court may under and in accordance with the provisions of Part 46 of this Act after hearing such parent or guardian, order payment of such damages and costs by such parent or guardian.
(3) Where an order under this section is made the order shall, for the purpose of revesting or restoring stolen property and of enabling the court to make orders as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with such restitution or delivery, have the like effect as a conviction.
(2) A recognisance under this Part of this Act may contain such additional conditions with respect to residence, abstention from intoxicating liquor and any other matters as the court may, having regard to the particular circumstances of the case, consider necessary for preventing a repetition of the same offence or the commission of other offences.
(3) The court by which a probation order is made shall furnish to the offender a notice in writing stating in simple terms the conditions he is required to observe.
438 It shall be the duty of a probation officer, subject to the directions of the court-
(a) if the person on probation is not actually residing with the probation officer to visit or receive reports on the person under supervision at such reasonable intervals as may be specified in the probation order or subject thereto as the probation officer may think fit;
(b) to see that he observes the conditions of his recognisance;
(c) to report to the court as to his behaviour;
(d) to advise, assist, and befriend him and when necessary to endeavour to find him suitable employment.
(a) may at any time if it appears to it upon the application of the probation officer that it is expedient that the terms or conditions of the recognisance should be varied summon the person bound by the recognisance to appear before it and if he fails to show cause why such variation should not be made vary the terms of the recognisance by extending or diminishing the duration thereof, so, however, that it shall not exceed three years from the date of the original order, or by altering the conditions thereof or by inserting additional conditions; or
(b) may on application being made by the probation officer, and on being satisfied that the conduct of the person bound by the recognisance has been such as to make it unnecessary that he be any longer under supervision, discharge the recognisance.
(2) The offender when apprehended shall if not brought forthwith before the court before which he is bound by his recognisance to appear for conviction or sentence be brought before another court.
(3) The court before which an offender on apprehension is brought or before which he appears in pursuance of such summons as aforesaid may if it is not the court before which he is bound by his recognisance to appear for conviction or sentence remand him to custody or on bail until he can be brought before the last mentioned court.
(4) An offender so remanded in custody may be committed during remand to any prison to which the court having power to convict or sentence him has power to commit prisoners; and in the case of a child or young person he shall, if remanded, be dealt with wherever practicable in accordance with the provisions of Part 46 of this Act.
(5) A court before which a person is bound by his recognisance to appear for conviction and sentence on being satisfied that he has failed to observe any conditions of his recognisance may forthwith, without further proof of his guilt, convict and sentence him for the original offence.
Chapter 10
Assessors and Inquiries by Direction of the Attorney-General
Part 48
Assessors
Provided that it shall not be an essential qualification for an assessor that he shall be able to speak the English language and understand the same when spoken.
441A. No person who-
(a) has been convicted of any treason or felony unless he has received a free pardon therefor; or
(b) is a lunatic, or one of unsound mind, or imbecile, or deaf, or blind, or afflicted with any other permanent infirmity of body or mind; or
(c) has entered into a deed of arrangement with his creditors, is or shall be qualified to serve as an assessor.
Provided that the person charged may object to any assessors so appointed, and the court shall refuse to allow such assessor to sit if the grounds for such objection are substantial and reasonable.
(2) Any assessor dissenting from any decision of the court may have his dissent and the grounds thereof recorded.
(2) Such punishment may be inflicted summarily on an order to that effect made by the court:
Provided that the court may, if it shall deem fit, remit any fine so imposed.
Part 49
Inquiries by Direction of Attorney-General
458A. The provisions of this Part of this Act shall apply in relation to an offence against a Federal law as they apply in relation to an offence against a Law of the State but as if references to the Attorney-General of the State were references to the Attorney-General of the Federation.
Chapter 11
Miscellaneous
Part 50
Coroner’s Warrant
Appeals
Fees
(2) `A court may in any proceeding in which good cause appears to the court for so doing, suspend payment of any fees payable therein until the conclusion of such proceeding and the court may then direct such fees to be paid as costs by any party to the proceeding by whom the court has power to order costs to be paid or remit the payment of such fees.
Forms
(2) The forms in the said Schedules may be added to, revoked, replaced or varied by the rules in all respects as if they had originally been so made.
Rules of Court
(a) fees to be paid under this Act;
(b) forms to be used for the process and procedure of the courts;
(c) accounts to be rendered of moneys received by any person under this Act;
(d) the method of issue of process under this Act, and the manner of receipt of and accounting for fees in respect of such process;
(e) regulating the procedure in connection with information filed by the Attorney-General of the State under the provisions of section 72 of this Act;
(f) prescribing anything or any person required to be prescribed under the provisions of this Act; and
(g) generally for carrying into effect the purposes of this Act.
(2) Where rules are made under this section separate rules shall be made in respect of the practice and procedure in the High Court and in magistrates’ courts, save where the procedure prescribed by such rules applies equally to the High Court and to magistrates’ courts.
Forms and Procedure under Other Written Laws
Part 51
Special Provisions relating to Corporations
(2) The provisions of this Part of this Act shall apply to all trials and preliminary inquiries held under this Act and where there is a conflict between the provisions of this Part of this Act and any other provisions of this Act, the provisions of this Part of this Act shall prevail.
(2) In this Part of this Act “representative” in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this Part of this Act authorised to do, but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before any court for any other purpose.
(3) A representative for the purposes of this Part of this Act need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this Part of this Act, shall be admissible without further proof as prima facie evidence that that person has been so appointed.
(a) make a statement before a magistrate holding a preliminary inquiry in answer to the charge;
(b) consent or object to summary trial;
(c) state whether the corporation is ready to be tried on a charge or information or altered charge or information to which the corporation has been called on to plead under the provisions of subsection (1) of section 164 of this Act;
(d) consent to the hearing and determination of a complaint before the return date of a summons in accordance with section 84 of this Act;
(e) express assent to the trial of the corporation on information in accordance with the further proviso to subsection (1) of section 349 of this Act, notwithstanding that a copy of the information and notice of trial have not been served on the corporation three days or more before the date on which the corporation is to be tried.
Provided that paragraph (a) of subsection (1) of section 287 of this Act shall be sufficiently complied with if the representative is asked if he has any witnesses to examine or other evidence to adduce for the defence, and if the witnesses and other evidence if any are heard.
Chapter 12
Part 52
Service and Execution throughout Nigeria of the Process of the Courts of the States
“Chapters 1 to 11” means Chapters 1 to 11 inclusive of this Act;
“court”, “Judge”, “justice of the peace” and “magistrate” mean a court, Judge, justice of the peace or magistrate to which Chapters 1 to 11 of this Act apply;
“State” includes the Federal Capital Territory, Abuja.
(2) A summons to which this section applies which is issued in one State may be served on the person to whom it is addressed in another State.
(3) Service under this section may, subject to the rules of court in force under this Act, be effected in the same way as it could be effected in the State in which the summons was issued.
(4) Service so effected shall have the same force and effect as if it had been service in the State in which the summons was issued, and if the person on whom service has been effected fails to appear before the court and at the time and place specified in the summons and it appears to the court that service was effected a sufficient time before the time so specified the like proceedings may be taken as if service had been effected in the State in which the summons was issued.
(5) The provisions of sections 94 and 95 of this Act shall apply in relation to a summons served outside the State in which it was issued as they apply to such summons served within the State in which it was issued but as if the reference in section 95 of this Act to “the court which issued the summons” were a reference to the court of a magistrate of the State in which it was served.
(2) When a person has been bound by recognisance in accordance with Chapters 1 to 11 to attend as a witness at any court of a State, a notice of the hearing or trial of the case in respect of which he is bound may be served on such person in any other State.
(3) If a person upon whom a subpoena, summons or notice of hearing has been served in accordance with subsection (1) of this section fails to attend at the time and place mentioned in such subpoena, summons, or notice of hearing such court, Judge or magistrate may on proof that the subpoena, summons, or notice of hearing was duly served on such person issue such warrant for the apprehension of such person as such court, Judge or magistrate might have issued if the subpoena, summons or notice of hearing had been served in the State in which it was issued.
(4) Such warrant may be executed in such other State in the manner provided in this Chapter of this Act in case of warrants issued for the apprehension of persons charged with an offence.
(a) any person accused before any court of a State is confined in a prison or other lawful place of confinement in any other State; or
(b) it appears to any court of a State that the attendance of any person who is in lawful confinement in any State is necessary for the purpose of obtaining evidence in any proceeding before the court under this Act, the court may issue an order directed to the Superintendent or other officer in charge of the prison or place where the person is confined requiring him to produce the person at the time and place specified in the order.
(2) Any order made under this section may be served upon the Superintendent or officer to whom it is directed in whatever State he may be and he shall thereupon produce in such custody as he thinks fit the person referred to in the order at the time and place specified therein.
(3) The court before which any person is produced in accordance with an order issued under paragraph (b) of subsection (1) of this section may make such order as to the costs of compliance with this order as to the court seems just.
(a) by affidavit sworn before any magistrate or justice of the peace having jurisdiction in the State in which such service was effected; or
(b) in any manner in which such service might have been proved if it has been effected within the State in which the summons, subpoena, notice or process was issued.
(2) A warrant so endorsed is sufficient authority to the person bringing the warrant, to all police officers and persons to whom the warrant is directed and to all police officers in that other State to execute the warrant in that other State, to apprehend the person against whom the warrant was issued and to bring that person before a magistrate of that State.
(3) The magistrate before whom the person is brought shall-
(a) by warrant under his hand, order the person to be returned to the State in which the original warrant was issued and, for that purpose, to be delivered into the custody of the person bringing the warrant or of a police officer or other person to whom the warrant was originally directed; or
(b) where the offence charged is an offence in respect of which he may admit a person to bail, admit the person to bail, on such recognisances as he thinks fit, on condition that the person appears at such time (not exceeding one month after the date of the order admitting him to bail) and at such place in the State in which the original warrant was issued as the magistrate specifies to answer the charge or complaint or to be dealt with according to law.
(4) The magistrate before whom the person is brought has, for the purposes of this section, the same power to remand the person and admit him to bail for that purpose as he has in the case of persons apprehended under warrants issued by him.
Provided that if the person apprehended cannot be taken before a magistrate who has jurisdiction within twenty-four hours of his arrest and is then detained in custody he shall be taken as soon as practicable before a magistrate of the State in which he was arrested and such magistrate shall-
(a) by warrant under his hand, order the person to be returned to the State in which there is a magistrate who has jurisdiction with respect to the offence and for that purpose to be delivered into the custody of a police officer or other person by whom he was arrested; or
(b) where the offence charged is an offence in respect of which he may admit a person to bail, admit the person to bail, on such recognisances as he thinks fit, on condition that the person appears at such time (not exceeding one month after the date of the order admitting him to bail) and at such place in the State in which a magistrate has jurisdiction with respect to the offence charged as may be specified in the order to answer the charge or complaint or be dealt with according to law.
(2) A magistrate before whom a person is brought has, for the purposes of this section, the same power to remand the person and admit him to bail for that purpose as he has in the case of persons arrested under warrants issued by him.
(2) A Judge to whom an application is made for the review of an order may-
(a) except where the offence charged is an offence in respect of which bail may not be granted, order the release on bail of the apprehended person on such terms and conditions as the Judge thinks fit; or
(b) direct that the apprehended person be kept in such custody as the Judge directs in the State in which the person is apprehended until the order has been reviewed.
(3) The review of the order shall be by way of rehearing, and evidence in addition to, or in substitution for, the evidence given on the making of the order may be given on or in connection with the review.
(4) Upon the review of an order the Judge may-
(a) confirm or vary the order or substitute a new order, or
(i) the charge is of a trivial nature, or
(ii) the application for the return of the person has not been made in good faith in the interests of justice, or
(iii) for any reason it would be unjust or oppressive to return the person either at all or until the expiration of a certain period, order the discharge of the person or order that the person be returned after the expiration of a period specified in the order and that he be released on bail until the expiration of that period.
(5) For the purposes of this section-
(a) a Judge has the same power to admit a person to bail as he has in the case of persons apprehended under warrants issued by him or by any magistrate or justice of the peace of the State in which he exercises jurisdiction;
(b) a Judge, in varying an order relating to admittance to bail or substituting a new order admitting a person to bail, may impose terms requiring the person apprehended to return to the State in which the original warrant was issued within such time (whether more or less than one month after the making of the order) as he thinks fit.
(2) Where a recognisance is so declared to be forfeited payment of any sum due under the recognisance by a person residing in the State in which the recognisance was declared to be forfeited may be enforced in the same manner as a recognisance entered into in that State in accordance with the provisions of Chapters 1 to 11 of this Act.
(3) An amount recovered in pursuance of this section shall be transmitted to the principal officer of the Treasury of the State in which the original warrant was issued.
(2) A warrant so endorsed may be executed by the same persons, in the same manner and to the same extent as a warrant of distress issued by the court by which it was endorsed.
(3) The amount recovered under a warrant endorsed, after deduction of the proper costs and charges of the execution and any sum payable to any person upon whose goods the distress was levied, shall be transmitted to the court by which the original warrant was issued.
486A. (Inserted by L.N. 156 of 1960, deleted by L.N. 112 of 1964.)
487 In the application of this Act and any instrument made under this Act to the States of Nigeria formerly known as Western Region and the Eastern Region, a reference to the Attorney-General of the State or the Solicitor-General of the State shall mean the Director of Public Prosecutions of the State, and a reference to the law officers of the State shall not include the Attorney-General or the Solicitor-General of the State but shall mean the Director of Public Prosecutions.
First Schedule
Forms
ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED TO 2018)
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