SPECIAL OFFENCES COURT LAW OF LAGOS STATE
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SPECIAL OFFENCES COURT LAW
ARRANGEMENT OF SECTIONS
1. Establishment of the Special Offence Court
2. Days, place and hours of work
3. Offences triable by the Special Offences Court
4. Prosecution, rules of procedure etc.
5. Appeals
6. Conditions for appeals and appeals out of time
7. Power of arrest
8. Repeal
9. Interpretation
10. Citation and commencement
SCHEDULES
SPECIAL OFFENCES COURT LAW
A LAW TO ESTABLISH THE SPECIAL OFFENCES COURT WHICH SHALL TRY ENVIRONMENTAL OFFENCES AND SUCH OTHER OFFENCES COMMITTED UNDER VARIOUS ENACTMENTS THROUGHOUT THE STATE
[1994 No.2]
[Commencement] [7th January 1994]
1. Establishment of the Special Offences Court
(1) There is established a Court for the purpose of trying various environmental offences and such other offences created by the enactments set out in Schedule 1 to this Law (referred to in this Law as ‘‘the Special Offences Court’’) which shall sit at any convenient place close to the scene of the commission of any offence triable by the Special Offences Court under this Law and committed within any Local Government Area in the State.
(2) The Special Offences Court shall be presided over by a Magistrate.
(3) Any person who commits any offence created by any of the enactments set out in Schedule 1 to this Law will be brought before the Special Offences Court and the Special Offences Court will have power (notwithstanding anything to the contrary in any other enactment), to impose any of the penalties provided for under the enactments creating the offences.
2. Days, place and hours of work
The Special Offences Court will sit on Monday to Saturday in such place or places as may be prescribed or in such place or places as it may deem fit between the hours of 08.00 am to 7 pm.
[1994 No.6]
3. Offences triable by the Special Offences Court
(1) The Special Offences Court will have jurisdiction to try any person for any of the offences specified in Schedule 1 to this Law.
[Schedule 1. 1994 No.6]
(2) The Attorney-General and Commissioner for Justice may by Order, published in the State Official Gazette, amend, vary, reduce, or add to from time to time, Schedule 1 to this Law.
4. Prosecution, rules of procedure etc.
(1) The rules of procedure to be followed in the prosecution of offences triable by the Special Offences Court under this Law and the forms to be used in such proceedings shall be as set out in Schedule 2 to this Law.
[Schedule 2]
(2) Prosecution of offences under this Law will be instituted in the name of the Attorney-General of Lagos State by any officer in the Lagos State Ministry of Justice or any other person the Attorney-General may authorise to do so in that behalf.
(3) Any person appearing before the Special Offences Court for an offence triable by Special Offences Court will be entitled to defend himself in person or by a person of his own choice who is a legal practitioner.
(4) Where the rules of procedure contained in Schedule 2 to this Law contain no provisions in respect of any matter relating to or connected with the trial of offences triable by the Special Offences Court, the provisions of the Criminal Law of Lagos State and the Administration of Criminal Justice Law will, with such modifications as the circumstances may require, apply in respect of such matter to the same extent as they apply to the trial of offences generally.
[Cap. C17. Cap. C18., Law No.11 of 2011 and No.10 of 2011]
(5) Personal liability in respect of any act done in good faith in pursuance or purported pursuance of this Law will not be incurred by any person connected with the enforcement of the provisions of this Law.
5. Appeals
Any party in any trial of offences before a Special Offences Court, aggrieved by a decision or any order of the said court may, within thirty days of the date of such decision or order, appeal to a High Court.
6. Conditions for appeals and appeals out of time
(1) The right of appeal conferred under section 5 of this Law will be subject to any law and any rules of court for the time being in force regulating the practice and procedure of the Magistrate Court and the High Court with respect to appeals.
(2) Leave to appeal out of time may on reasonable cause being shown be granted by the Special Offences Court on such terms as it will consider just.
7. Power of arrest
Any person committing an offence triable by the Special Offences Court will be arrested without a warrant by a police officer or any member of the Task Force set up by the Governor and will be served with summons as in Form 2 under Schedule 2 to appear before the Special Offences Court.
8. Repeal
The Special Offences Court Edict 1985 is hereby repealed.
9. Interpretation
In this Law, unless the context otherwise requires—
‘‘defendent’’ means any person against whom a Charge has brought or who is otherwise being prosecuted under the law;
‘‘Governor’’ means the Governor of Lagos State of Nigeria;
‘‘Special Offences Court’’ includes a Mobile Court;
‘‘State’’ means Lagos State of Nigeria.
10. Citation and commencement
This Law will be cited as the Special Offences Court Law and will come into force on 7th January 1994.
SCHEDULES
SCHEDULE 1
Section 1
Offences triable by the Special Offences Court
1. Offences created under the Environmental Sanitation Law.
2. Offences created under the Environmental Pollution Control Law.
3. Offences created under the Environmental Sanitation Enforcement Agency Law.
4. Offences created under the Street Trading and Illegal Markets (Prohibition) Law.
5. Offences created under the Survey Law and its Regulations.
6. Offences created under the Road Traffic Law.
7. Offences created under the Urban and Regional Planning Law.
8. Offences created under the Lotteries and Pools Betting Law and its Regulations.
9. Offences created under the Lagos State Water Sector Law and its Regulations.
10. Offences created under the Illegal Collection of Dues in Public Place (Prohibition) Law.
11. Offences created under the Lagos State Traffic Management Authority Law.
12. Offences created under the Road Traffic Law.
13. Offences created under sections 166, 170 and 299 of the Criminal Law of Lagos State.
[Law No.11 of 2011]
14. Offences created under the Lagos State Environmental Protection Agency.
[Amended by the Special Offences Court (Amendment) Order 2007]
15. Offences created under the Cinematograph Law [Amended by the Special
Offences Court (Amendment) Order 2007].
16. Offences created under the Lagos State Estate Agency (Regulatory) Authority Law.
[Amended by the Special Offences Court (Amendment) Order 2007]
17. Offences created under the Lagos State Waterfront and Tourism Development Corporation Law.
[Amended by the Special Offences Court (Amendment) Order 2007]
18. Offences created under the Lagos State Health Sector Reform Law.
[Amended by the Special Offences Court (Amendment) Order 2007]
SCHEDULE 2
Section 4
SPECIAL OFFENCES COURT RULES OF PROCEDURE
Commencement and conduct of trial
1. Institution of proceedings
The trial of offences under this Law will commence by way of an application, specified in Form 1 under Schedule 2 to this Law made to the Special Offences Court by the prosecutor.
2. Summons
Any person arrested for committing an offence under this Law will be served with the summons as in Form 2 under Schedule 2 to appear before the Special Offences Court on a given day and time specified in the Summons.
3. Commencement of trial
(1) When the Special Offences Court is ready to commence trial, defendant will be brought before it and the Special Offences Court will read or cause to be read to him the substance of the complaint against him and he will be asked whether he is guilty of the offence or offences charged.
(2) If the defendant pleads guilty, the plea will be recorded and he may in the discretion of the Special Offences Court be convicted on the plea.
4. Notes of evidence to be taken
(1) The Magistrate will in every case take notes in writing of the oral evidence, or so much of it as is material in a book to be kept for that purpose and such book shall be signed by the Magistrate at the end of each trial.
(2) The record so kept as mentioned or a copy of it purporting to be signed and certified as a true copy by the Magistrate shall, without further proof, be admitted as evidence of such proceedings and of the statements made at the trial.
5. Plea of not guilty or no plea
If the defendant pleads not guilty or makes no pleas or refuses to make a plea, the Special Offences Court shall record a plea of not guilty and will proceed to try the accused with the alleged offence.
6. Presentation of case for prosecution
(1) After a plea of not guilty has been taken or recorded for the defendant as the case may be, the prosecutor may open the case against the accused, stating briefly by what evidence he intends to prove the guilt of the accused.
(2) The prosecutor will then examine the witnesses for the prosecution, if any, who may be cross-examined by the defendant or his counsel and may thereafter be re-examined by the prosecutor.
7. Procedure after presentation of evidence by the prosecution
(1) After the conclusion of the presentation of evidence by the prosecutor, the Special Offences Court will ask the defendant whether the defendant wishes to give evidence personally or be led in evidence by a legal practitioner.
(2) The prosecutor may sum up the case against the defendant and the Special Offences Court shall then call on the defendant to enter on the defence.
(3) Notwithstanding the provisions of sub-paragraph (2) of this rule, the Special Offences Court may, after hearing the evidence for the prosecution, if the court considers that the evidence against the defendant is not sufficient to justify the continuation of the trial, record a finding of not guilty in respect of such defendant without calling upon the defendant to enter on the defence and such accused will be discharged and acquitted.
(4) If the defendant intends to call any witness, the Special Offences Court will call on the defendant to enter on a defence.
8. Defence
When the Special Offences Court calls on the defendant to enter on a defence, the defendant or the legal practitioner representing the defendant may open the case stating the facts or law on which the defendant intends to rely and making such comments as the defendant thinks necessary on the evidence for the prosecution, and the defendant may then give evidence, examine witnesses, if any, and, after cross-examination and re-examination if any, the defendant or the legal practitioner representing the defendant may sum up the case.
9. Right of prosecutor to reply
The prosecutor, may with the leave of the Special Offences Court be heard in reply where the defendant has adduced any evidence introducing new matter in the statement to the Special Offences Court.
10. Local inspection
It will be the duty of the Special Offences Court to make or cause to be made such local inspection as the circumstances of the case may require.
11. Announcement of finding
Where. the Special Offences Court finds the defendant guilty, it will impose the appropriate penalty prescribed under the Law.
12. Consideration of findings
When the case for the defence and the reply of the prosecutor, if any, are concluded and the Special Offences Court does not desire to put any further question to the defendant, the Special Offences Court may adjourn or give its verdict, if ready.
13. Forms
Subject to the express provisions, if any, of these rules the forms under Schedule 2 to this Law may, in accordance with any instruction contained in the said forms, and with such variations as the circumstance of the particular case may require be used in the cases to which they apply, and, when so used, will be sufficient in law.
14. Criminal Law of Lagos State or Administration of Criminal Justice Law
Where these rules contain no provision in respect of any matter relating to or connected with the trial of offences under this Law, the provisions of the Criminal Law of Lagos State or the Administration of Criminal Justice Law will, with such modifications as the circumstance may require, apply, in respect of such matter to the same extent as they apply to the trial of offences generally.
[Law No.11 of 2011 and Law No.10 of 2011]
15. Interpretation
In these rules—
‘‘the prosecutor’’ means any officer in the State Ministry of Justice referred to as such in Schedule 2 of this Law or any other person authorised by the Attorney-General of Lagos State in accordance to section 4 of this Law.
LAWS OF LAGOS STATE
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