Criminal
Procedure Act
Chapter
80
Arrangement of Sections
(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
Section
1. |
Short title. |
2. |
Interpretation. |
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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. |
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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. |
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Warrants of Arrest
General Authority to Issue
21. |
General authority to issue warrant. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Part 7
58. |
Deleted by 1967 No. 5. |
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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. |
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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. |
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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. |
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Part 10
State Procedure
Powers of the
Attorney-General
72. |
Informations by the Attorney-General. |
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Control of
State in Criminal Proceedings
73. |
Nolle prosequi in criminal cases. |
74. |
Nolle prosequi in committal cases. |
75. |
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76. |
Deleted by Legal Notice 65 of 1958. |
76A. |
Inserted by Legal Notice 47 of 1955 and deleted by
Legal Notice 65 of 1958. |
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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. |
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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. |
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Warrant Issued
If Somebody Disobeyed
96. |
Summons disobeyed, warrant may issue. |
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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 |
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Part 16
Forms in respect
of Summonses, Warrants, Recognisance and other Similar Process
145. |
Use of forms in First Schedule. |
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Part 17
Provisions
relating to Property and Persons
Ownership of
Property
146. |
Methods of stating ownership of property. |
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Description of
Persons
147. |
Description of persons in criminal process. |
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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. |
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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. |
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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. |
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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. |
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Refractory
Witnesses
194. |
Witness refusing to be sworn, or produce documents. |
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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. |
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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. |
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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. |
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Part 22
Determination
of Age
208. |
Presumption and determination of age. |
209. |
Age in relation to offences. |
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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. |
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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. |
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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. |
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Part 27
Addresses
Opening of Case
for the Prosecution
240. |
Opening of case for the prosecution. |
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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. |
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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. |
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Warrant of
Commitment
252. |
Direct imprisonment. |
253. |
Authority for carrying out sentences not capital. |
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Defects in order or Warrant
254. |
Error or omission not to affect legality of act. |
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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. |
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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. |
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Chapter 3
Part 32
Trials
Generally
275. |
Trials. |
276. |
Summary trial in High Court, limitation. |
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Chapter 4
Part 33
Summary Trial
Application
277. |
Summary trials. |
278. |
Application of parts of this Act to processes under this
Chapter. |
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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. |
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Making of Order
299. |
Giving of decision upon conclusion of hearing. |
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Binding over
300. |
Power to bind parties to be of good behaviour. |
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Dismissal and
Acquittal
301. |
Effect of judgment of dismissal "on
merits", "not on merits" and "without prejudice". |
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Part 34
302. |
Summary trial by magistrate of indictable cases. |
303. |
Whipping. In accordance with Part 42. |
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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. |
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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. |
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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. |
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Conditional
binding over of Witnesses.
329. |
Binding over of witnesses conditionally. |
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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. |
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Adjudication by
Magistrate instead of Committal for Trial
332. |
When court may adjudicate finally. |
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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. |
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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. |
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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. |
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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. |
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|
|
|
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. |
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. |
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|
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. |
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|
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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. |
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|
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. |
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Part 45
Deportation
402. |
Meaning of "deported". |
403. |
Non-citizen may ask to leave |
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. |
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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. |
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Chapter 11
Miscellaneous
Part 50
Coroner's
Warrant
459. |
No committal for trial by coroner. |
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|
|
Appeals
460. |
(Deleted by L.N. 47 of 1955.) |
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Fees
461. |
Payment of fees. |
462. |
State not required to pay fees. |
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|
Forms
463. |
Use of forms in First, Second and Third Schedules. |
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|
Rules of Court
464. |
Power to make rules of
court. |
|
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|
|
Forms and
Procedure under Other Written Laws
465. |
Saving as to other forms and procedure. |
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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. |
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|
Chapter 12
Part 52
Service and
Execution throughout
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. |
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|
Part 53
487. |
Provisions for Directors of Public Prosecutions |
488. |
Inserted by L.N. 155 of 1960, deleted by L.N. 112 of
1964. |
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|
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
Chapter
80
Laws of
the Federation of
An Act to make provision for the procedure to be
followed in criminal cases in the High Court and Magistrates' Courts
1st June, 1945
Chapter I
Preliminary,
Arrests, Bail and Preventive, Justices
Part 1
Preliminary
1.
(1)
This Act may be cited as the Criminal Procedure Act.
(2)
Chapter 12 of this Act shall apply to the Federation of Nigeria.
2.
(1) In
this Act, unless the context otherwise requires-
"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
3.
In making an arrest the police officer or other person making the same shall
actually touch or confine the body of the person to be arrested, unless there
be a submission to the custody by word or action.
4.
A person arrested shall not be handcuffed, otherwise bound or be subjected to unnecessary
restraint except by order of the court, a magistrate or justice of the peace or
unless there is reasonable apprehension of violence or of an attempt to escape
or unless the restraint is considered necessary for the safety of the person
arrested.
5.
Except when the person arrested is in the actual course of the commission of a
crime or is pursued immediately after the commission of a crime or escape from
lawful custody, the police officer or other person making the arrest shall inform
the person arrested of the cause of the arrest.
6. (1)
Whenever a person
is arrested by a police officer or a private person, the police officer making
the arrest or to whom the private person makes over the person arrested may
search such person, using such force as may be reasonably necessary for such
purpose, and place in safe custody all articles other than necessary wearing
apparel found upon him:
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.
7.
(1) If
any person or police officer acting under a warrant of arrest or otherwise
having authority to arrest, has reason to believe that the person to be arrested
has entered into or is within any place, the person residing in or being in
charge of such place shall, on demand of such person acting as aforesaid or
such police officer, allow him free ingress thereto and afford all reasonable
facilities to search therein for the person sought to be arrested.
(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.
8.
Any police officer or other person authorised to make an arrest may break out
of any house or place in order to liberate himself or any other person who,
having lawfully entered for the purpose of making an arrest, is detained
therein.
9.
Any person who is arrested, whether with or without a warrant, shall be taken
with all reasonable despatch to a police station, or other place for the
reception of arrested persons, and shall without delay be informed of the
charge against him. Any such person while in custody shall be given reasonable
facilities for obtaining legal advice, taking steps to furnish bail, and
otherwise making arrangements for his defence or release.
Arrest with
Warrant and Procedure Thereon
10.
(1) Any
police officer may, without an order from a magistrate and without a warrant,
arrest-
(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
(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.
11.
(1) When any person
who in the presence of a police officer has committed or has been accused of
committing a non-indictable offence refuses on demand of such officer to give
his name and residence, or gives a name or residence which such officer has
reason to believe to be false, he may be arrested by such officer in order that
his name or residence may be ascertained.
(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
(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.
12. Any
private person may arrest any person in a State who in his view commits an
indictable offence, or whom he reasonably suspects of having committed an
offence which is a felony or of having committed by night an offence which is a
misdemeanour.
13.
Persons found committing any offence involving injury to property may be
arrested without a warrant by the owner of the property or his servants or
persons authorised by him.
14.
(1) Any private
person arresting any other person without a warrant shall without unnecessary
delay make over the person so arrested to a police officer, or in the absence
of a police officer shall take such person to the nearest police station.
(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.
15. When any offence is committed in the presence
of a judge or magistrate within the division or district in which such judge is
sitting or to which such magistrate is assigned such judge or magistrate may
himself arrest or order any person to arrest the offender and may thereupon,
subject to the provisions herein contained as to bail, commit the offender to
custody.
16.
(1) Within the
district to which he is assigned any magistrate may arrest or direct the arrest
in his presence of any person whose arrest upon a warrant he could have
lawfully ordered if the facts known to him at the time of making or directing
the arrest had been stated before him on oath by some other person.
(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
17. When
any person has been taken into custody without a warrant for an offence other
than an offence punishable with death, any officer in charge of a police
station may, in any case, and shall, if it will not be practicable to bring
such person before a magistrate or justice of the peace having jurisdiction
with respect to the offence charged within twenty-four hours after he was so
taken into custody, inquire into the case, and, unless the offence appears to such
officer to be of a serious nature, discharge the person upon his entering into
a recognisance with or without sureties for a reasonable amount to appear
before a court at the time and place named in the recognisance but where such
person is retained in custody he shall be brought before a court or justice of
the peace having jurisdiction with respect to the offence or empowered to deal
with such person by section 484 of this Act as soon as practicable whether or
not the police inquiries are completed.
18. If,
on a person being so taken into custody as aforesaid, it appears to the officer
aforesaid that the inquiry into the case cannot be completed forthwith, he may
discharge the said person on his entering into a recognisance, with or without sureties
for a reasonable amount, to appear at such police station and at such times as
are named in the recognisance, unless he previously receives notice in writing
from the officer of police in charge of that police station that his attendance
is not required, and any such recognisance may be enforced as if it were a
recognisance conditional for the appearance of the said person before a
magistrate's court for the place in which the police station named in the
recognisance is situate.
19. When
any person has been taken into custody without a warrant, for an offence other
than an offence punishable with death, the officer in charge of the police
station or other place for the reception of arrested persons to which such
person is brought shall, if after the inquiry is completed he is satisfied that
there is no sufficient reason to believe that the person has committed any
offence, forthwith release such person.
20.
Officers in charge of police stations shall report to the nearest magistrate
the cases of all persons arrested without warrant within the limits of their
respective stations whether such persons have been admitted to bail or not.
Warrants of
Arrest
General
Authority to Issue
21. Where
under any written law, whether passed before or after the commencement of this
Act, there is power to arrest a person without warrant a warrant for his arrest
may be issued.
Warrants, in
General
22.
(1) Every
warrant of arrest issued under this Act or, unless the contrary is expressly
provided, under any other written law shall bear the date of the day of issue,
shall contain all necessary particulars and shall be signed by the Judge or
magistrate by whom it is issued.
(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.
23. No warrant of arrest shall be issued in
the first instance in respect of any complaint or statement unless such
complaint or statement be on oath either by the complainant himself or by a
material witness.
24. A
warrant of arrest may be issued on any day including a Sunday or public holiday.
25.
(1) A warrant
of arrest may be directed to a police officer by name or to all police officers
or to a police officer by name and to all police officers.
(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.*
26.
(Omitted as inapplicable as it relates to warrants directed to native
authority police forces which has been abolished.)
27.
(1) Any court
issuing a warrant of arrest may, if its is immediate execution is necessary and
no police officer immediately available, direct it to some other person or
persons and such person or persons shall execute the same.
(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 the
person 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.
29. A
warrant of arrest may be executed notwithstanding that it is not in the
possession at the time of the person executing the warrant but the warrant
shall, on the demand of the person apprehended, be shown to him as soon as
practicable after his arrest.
Bail by Order
of Court on Execution of Warrant of Arrest
30.
(1) Any
court, on issuing a warrant for the arrest of any person in respect of any
matter other than an offence punishable with death may, if it thinks fit by
endorsement on the warrant, direct that the person named in the warrant be
released on arrest on his entering into such a recognisance for his appearance
as may be required in the endorsement.
(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
31.
(1) Where a warrant
of arrest is executed in the State outside the division or district of the court
by which it was issued, the person arrested shall, unless security is taken
under section 30 of this Act, be taken before the court within the division or
district in which the arrest was made.
(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
32. If a person in lawful custody escapes or
is rescued, the person from whose custody he escapes or is rescued may pursue
and arrest him in any place in
33. The
provisions of sections 7 and 8 of this Act shall apply to arrests under the last
preceding section, although the person making any such arrest is not acting
under a warrant and is not a police officer having authority to arrest.
34. Every
person is bound to assist a judge or magistrate or police officer reasonably
demanding his aid-
(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
35.
(1) Whenever a
magistrate is informed on oath that any person is likely to commit a breach of
the peace or disturb the public tranquillity, or to do any wrongful act that
may probably occasion a breach of the peace or disturb the public tranquillity,
the magistrate may in manner hereinafter provided, require such person to show
cause why he should not be ordered to enter into a recognisance, with or
without sureties, for keeping the peace for such period, not exceeding one
year, as the magistrate thinks fit.
(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.
36. Whenever a magistrate is informed on oath
that any person is taking precautions to conceal his presence within the local
limits of such magistrate's jurisdiction, and that there is reason to believe
that such person is taking such precautions with a view to committing any
offence, 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 one year,
as the magistrate thinks fit.
37.
Whenever a magistrate is informed on oath that any person within the local
limits of his jurisdiction-
(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.
38. When a
magistrate acting under section 35, 36 or 37 of this Act deems it necessary to
require any person to show cause under such section, he shall make an order in
writing setting forth-
(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.
39. If the person in respect of whom such
order is made present in court, it shall be read over to him or, if he so
desires, the substance thereof shall be explained to him.
40. If
such person is not present in court, the magistrate shall issue a summons
requiring him to appear, or, when such person is in custody, a warrant
directing the officer in whose custody he is to bring him before the court:
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.
41. Every
summons or warrant issued under the last preceding section shall be accompanied
by a copy of the order made under section 38 of this Act, and such copy shall
be delivered by the officer serving or executing such summons or warrant to the
person served with or arrested under the same.
42. The
magistrate may, if he sees sufficient cause, dispense with the personal
attendance of any person called upon to show cause why he should not be ordered
to enter into a recognisance for keeping the peace, and may permit him to
appear by a legal practitioner.
43.
(1) When an
order under section 38 of this Act has been read or explained under section 39
of this Act to a person in court, or when any person appears or is brought
before a magistrate in compliance with or in execution of a summons or warrant
issued under section 40 of this Act, the magistrate shall proceed to inquire
into the truth of the information upon which the action has been taken, and to
take such further evidence as may appear necessary.
(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.
44.
(1) If upon
such inquiry it is proved that it is necessary for keeping the peace or
maintaining good behaviour, as the case may be, that the person in respect of
whom the inquiry is made should enter into a recognisance, with or without
sureties, the magistrate shall make an order accordingly:
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.
45. If on
an inquiry under section 43 of this Act it is not proved that it is necessary
for keeping the peace or maintaining good behaviour, as the case may be, that
the person in respect of whom the inquiry is made should enter into a
recognisance, the magistrate shall make an entry on the record to that effect,
and, if such person is in custody only for the purpose of the inquiry, shall
release him, or, if such person is not in custody, shall discharge him.
Proceedings in
all Cases Subsequent to Order to Furnish Security
46.
(1) If any
person in respect of whom an order requiring security is made under section 44
of this Act is, at the time such order is made, sentenced to or undergoing a
sentence of imprisonment, the period for which such security is required shall
commence on the expiration of such sentence.
(2)
In other cases such period shall commence on the date of such order unless the
magistrate, for sufficient reason, fixes a later date.
47. The
recognisance to be entered into by any such person shall bind him to keep the
peace or to be of good behaviour, as the case may be, and in the latter case
the commission or attempt to commit or the aiding, abetting, counseling, or
procuring the commission anywhere within the State at any time during the
continuance of the recognisance of any offence punishable with imprisonment,
wherever it may be committed, shall be a breach of the recognisance.
48. A
magistrate may refuse to accept any surety offered under any of the preceding
sections on the ground that, for reasons to be recorded by the magistrate, such
surety is an unfit person.
49.
(1) If any
person ordered to give security as aforesaid does not give such security on or
before the date on which the period for which such security is to be given
commences, he shall, except in the case mentioned in subsection (2) of this
section, be committed to prison, or, if he is already in prison, be detained in
prison until such period expires or until within such period he gives the
security to the court or magistrate who made the order requiring it.
(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.
50.
Whenever a magistrate is of opinion that any person imprisoned for failing to
give security may be released without hazard to the community, such magistrate shall
make an immediate report of the case for the order of the High Court, and such
court may, if it thinks fit, order such person to be discharged.
51. The
High Court may at any time, for sufficient reasons to be recorded in writing,
cancel any recognisance for keeping the peace or for good behaviour executed
under any of the preceding sections by order of any court.
52.
(1) Any
surety for the peaceable conduct or good behaviour of another person may at any
time apply to a magistrate to discharge any recognisance executed under any of
the preceding sections within the district to which the magistrate is assigned.
(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
53.
(1) Every
police officer may interpose for the purpose of preventing, and shall to the best
of his ability prevent, the commission of any offence.
(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.
54. Every police officer receiving
information of a design to commit any offence shall communicate such information
to the police officer to whom he is subordinate, and to any other officer whose
duty it is to prevent or take cognisance of the commission of any such offence.
55.
Notwithstanding the provisions of this or any other written law relating to
arrest, a police officer knowing of a design to commit any offence may arrest,
without orders from a magistrate and without a warrant, the person so
designing, if it appears to such officer that the commission of the offence
cannot otherwise be prevented.
Chapter 2.
Provisions
Relating in General to all Criminal Trials and Inquiries
Part 6
Application and
General
56. The
provisions of this Chapter shall apply, save when express provision is made
therein in respect of any particular court or form of trial, to all criminal
trials, inquiries and other criminal proceedings in the High Court and
magistrates' courts.
57. Every
court has authority to cause to be brought before it any person who is within
the jurisdiction and is charged with an offence committed within the State, or
which according to law may be dealt with as if such offence had been committed
within the jurisdiction and to deal with such person according to law.
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.
(1) Any
person may make a complaint against any other person alleged to have committed
or to be committing an offence, unless it appears from the enactment on which
the complaint is founded that any complaint for such offence shall be made only
by a particular person or class of persons, in which case only the particular
person or a person of the particular class may make such a complaint.
(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.
60.
(1) It shall
not be necessary that any complaint shall be in writing, unless it is required
to be so by the enactment on which it is funded, or by some other enactment;
and if a complaint is not made in writing, the court or registrar shall reduce
it into writing.
(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.
61. Every complaint, summons, warrant or
other document laid, issued or made for the purpose of or in connection with
any proceedings before a court for an offence, shall be sufficient if it
contains a statement of the specific offence with which the accused person is
charged, together with such particulars as may be necessary for giving
reasonable information as to the nature of the charge.
62. Any
exception, exemption, proviso, condition, excuse, or qualification, whether it
does or does not in any enactment creating an offence accompany in the same
section the description of the offence, may be proved by the defendant, but
need not be specified or negatived in the complaint, and if so specified or
negatived, no proof in relation to the matter so specified or negatived shall
be required on the part of the complainant.
63. In every
case where no time is specially limited for making a complaint for a summary
conviction offence in the enactment relating to such offence, such complaint if
made other than by a person in his official capacity shall be made within six
months from the time when the matter of such complaint arose, and not after.
Part 9
Place of Trial
or Inquiry
Venue
64.
Subject to the powers of transfer contained in the Act or Law constituting any
court, the place for the trial or investigation of offences by such court shall
be-
(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.
65. Whenever
any doubt arises as to the magistrate's court in which any offence shall be
inquired into or tried, a Judge shall, upon the application of a magistrate or
the accused, decide in which magistrate's court the offence shall be inquired
into or tried. Any such decision of a Judge shall be final and conclusive
except that it shall be open to an accused person to show that no magistrate's
court in the State has jurisdiction in the case.
66. The
Chief Judge may, by order under his hand, direct that a preliminary inquiry
shall be held by a magistrate into any criminal charge in respect of an offence
subject to the jurisdiction of the High Court or committed by a person who is
subject to the jurisdiction of the High Court but which is alleged to have been
committed outside the limits of the magisterial district of such magistrate.
Remitting
Magistrates
67.
(1) A magistrate,
in this and in the next succeeding section referred to as the remitting
magistrate, before whom any person who is within the magisterial district of
such magistrate and is charged with having committed an offence within the
magisterial district of another magistrate is brought shall, unless himself
authorised to proceed in the case, send him in custody to the court within the
magisterial district in which the offence was committed, 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.
(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.
68. Where
any person is to be sent in custody, a warrant shall be issued by the remitting
magistrate, and that warrant shall be sufficient authority to any person to
whom it is directed to receive and detain the person therein named, and to
carry him and deliver him up to the court to which the person charged is
remitted for preliminary inquiry or trial. The person to whom the warrant is
directed shall execute it according to its tenor without any delay.
69.
(1) If the
defendant is in custody and the magistrate directing such transfer thinks it
expedient that such custody should be continued, or, if he is not in custody,
that he should be placed in custody, the magistrate shall, by his warrant,
commit the defendant to prison until he can be taken before a magistrate of the
district wherein the cause of complaint arose.
(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
70.
(1)
Notwithstanding the provisions of sections 64, 65 and 67 of this Act, a judge
or magistrate of a division or district in which a person is apprehended who is
charged with an offence, alleged to have been committed in another division or
district, may, if he considers that the ends of justice would be better served
by hearing the charge against such person in the division or district in which
he has been apprehended and having regard to the accessibility and convenience
of the witnesses, proceed to hear the charge and the person charged may be
proceeded against, tried and punished in any division or district in which he
was apprehended, or is in custody on a charge for the offence, or has appeared
in answer to a summons lawfully issued charging the offence, as if the offence
had been committed in that division or district, and the offence 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:
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.
71. In case any cause is commenced in any
other division or district than that in which it ought to have been commenced,
the judge or magistrate, as the case may be, may assume jurisdiction in
accordance with the provisions of section 70 and all acts performed and all
decisions given by the judge or magistrate during the trial or inquiry shall be
deemed to be valid in all respects as if the jurisdiction had been assumed
prior to the performance of the said acts and the giving of the said decisions.
Part 10
State Procedure
Powers of the
Attorney-General
72. (1)
Notwithstanding anything in this Act contained, the Attorney-General in each
State may exhibit to the High Court informations for all purposes for which the
Attorney-General for
(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
Control of
State in Criminal Proceedings
73.
(1) In any
criminal proceedings for an offence against a law of the State and at any stage
thereof before judgment, the Attorney-General of the State may enter a nolle
prosequi either by stating in court or informing the court in writing that the
State intends that the proceedings shall not continue and thereupon the accused
shall be at once discharged in respect of the charge or information for which
the none prosequi is entered.
(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.
74. (1)
In any inquiry with respect to an offence against a law of the State before a
magistrate and at any stage before an order of committal is made, the
Attorney-General of the State may enter a none prosequi by either stating in
court or by informing the magistrate in writing that the State intends that the
proceedings shall not continue and thereupon the accused shall be at once
discharged in respect of the charge for which the none prosequi is entered.
(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.
75.
(1) In any
trial or inquiry before a magistrate's court any prosecutor with the consent of
the court, may, or on the withdrawals from a instruction of the
Attorney-General of the State in the case of an offence against a law of the
State shall, at any time before judgment is pronounced or an order of committal
is made, withdraw from the prosecution of any person either generally or in
respect of one or more of the offences with which such person is charged and
upon such withdrawal-
(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-
(i)
before the accused person is called upon to make his defence, he shall be
discharged in respect of such offence; or
(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.
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.
Subject to the provisions of any other enactment, criminal proceedings may in
accordance with the provisions of this Act be instituted-
(a)
in magistrates' courts, on a complaint whether or not on oath, and
(b)
in the
(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.
78. Where
proceedings are instituted in a magistrate's court they may be instituted in
either of the following ways-
(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.
79. A
magistrate may issue a summons or warrant as hereinafter provided to compel the
appearance before him of any person accused of having committed in any place,
whether within or without Nigeria, any offence triable in the State.
80. In
every case the court may proceed either by way of summons to the defendant or
by way of warrant for his apprehension in the first instance according to the
nature and circumstances of the case.
81.
(1) Subject
to the provisions of section 59 of this Act any person who believes from a
reasonable or probable cause, that an offence has been committed by any person
whose, appearance a magistrate has power to compel may make a, complaint
thereof to a magistrate who shall consider the allegations of the complainant
and may, in his discretion, refuse to issue process recording his reasons for
such refusal, or may issue a summons or warrant as he shall deem fit to compel
the attendance of the accused person before a magistrate's court in the
district.
(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.
82. A
summons may be issued or served on any day including a Sunday or public
holiday.
Enforcing
Appearance of Defendant
Issue of
Summons
83. Where
upon a complaint being made before a magistrate as provided in section 81 of
this Act the magistrate decides to issue a summons in the first instance such
magistrate shall issue a summons directed to the person complained against,
stating concisely the substance of such complaint and requiring him to appear
at a certain time and place being not less than forty-eight hours after the
service of such summons before the court to answer to the said complaint and to
be further dealt with according to law.
84. The
court may, if it thinks fit and with the consent of the parties, hear and
determine a complaint notwithstanding that the time within which the defendant
was required to appear may not have elapsed.
85. Where
upon a complaint being made before a magistrate as provided in section 81 of
this Act the magistrate decides to issue a summons in the first instance the
accused may be directed to appear forthwith in cases where an affidavit is made
by the complainant either at the time of making the complaint or subsequently
that such defendant is likely to leave the district within forty-eight hours.
86. Nothing contained in section 83, 84 or 85
of this Act shall oblige any magistrate to issue any such summons in any case
where the application for an order may by law be made ex parte.
Form and
Service of Summons
87. Every summons issued by a court under
this Act shall be in writing, in duplicate, signed by the presiding officer of
such court or by such other officer as the Chief Judge may from time to time
prescribe.
88. Every
summons shall be served by a police officer or by an officer of the court
issuing it or other public servant.
89. The
person effecting service of a summons shall effect it by delivering it-
(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)
by leaving the same at the principal place of business in
(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.
90. If
service in the manner provided by paragraph (a) of person section 89 of this
Act cannot by the exercise of due diligence be effected the serving officer may
with leave of the court affix one of the duplicates of the summons to some
conspicuous part of the premises or place in which the individual to be served
ordinarily resides, and thereupon the summons shall be deemed to have been duly
served.
91. Where the person summoned is in the
service of government, the court issuing the summons may send it in duplicate
to the head officer of the department in which such person is employed for the
purpose of being served on such person, if it shall appear to the court that it
may be most conveniently so served, and such head officer shall thereupon cause
the summons to be served in the manner provided by paragraph (a) of section 89
of this Act and shall return the duplicate to the court under his signature, with
the endorsement required by section 93 of this Act. Such signature shall be
evidence of the service.
92. Where
a court desires that a summons issued by it shall be served at any place
outside the division or district in which it is issued the court shall send
such summons in duplicate to a court within the division or district in which
the person summoned resides or is to be there served.
93.
(1) Where the
officer who served a summons is not present at the hearing of the case, proof
of such service, if within the division or district of the court issuing the
summons, may be by endorsement on the duplicate of such summons and when
service has been effected without the division or district of the issuing court
proof of service shall be by affidavit made before a magistrate or other
prescribed person and such endorsement and affidavit shall form part of the
record.
(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.
94. Where a summons has been served upon the
person to whom it is addressed or is delivered to any other person the person
to whom it is addressed or the person to whom it is handed, as the case may be,
shall sign a receipt therefor on the back of the duplicate. Where service is
not effected by handing the summons to an individual but by some other method
approved by this Act, the person effecting service shall endorse on the
duplicate particulars of the method by which he has effected service.
95. Every
person who is required to sign a receipt on the back of a duplicate summons to
the effect that he has received the summons and fails to sign such receipt may
be arrested by the person serving the summons and taken before the court which
issued the summons and may be detained in custody or committed in prison for
such time not exceeding fourteen days as the court may think necessary.
Warrant Issued
if Summons Disobeyed
96. If the court is satisfied that the
accused has been served with a summons and the accused does not appear at the
time and place appointed in and by the summons and his personal attendance has
not been dispensed with under section 100 of this Act, the court may issue a
warrant to apprehend him and cause him to be brought before such court.
Issue of
Warrant of Arrest on Complaint on Oath
97. Where
upon a complaint being made before a issue of magistrate as provided in section
23 of this Act such magistrate decides to issue a warrant in the first instance
such magistrate shall issue a warrant to apprehend the person complained
against and to bring him before the court to answer the said complaint and be
dealt with according to law.
98. Where
a warrant of arrest is issued in consequence of a complaint on oath as
aforesaid the provisions of sections 22 to 31 of this Act shall apply to such warrant.
99.
Notwithstanding the issue of a summons as in section 81 provided a warrant may
be issued at any time before or after the time appointed for the appearance of
the accused.
Dispensing with
Presence of Accused
100.
(1) Whenever a magistrate
issues a summons in respect of any offence to which there is annexed a penalty
not exceeding one hundred naira or imprisonment not exceeding six months or
both such penalty and imprisonment, the magistrate may, on the application of the
accused and if he sees reason to do so and shall, on such application when the
offence with which the accused is charged is punishable only by a penalty not
exceeding one hundred naira, dispense with the personal attendance of the
accused provided that the accused pleads guilty in writing or appears and so
pleads by a legal practitioner.
(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
101.
When any accused person is before a magistrate whether voluntarily, or upon
summons, or after being apprehended with or without warrant, or while in custody
for the same or any other offence, the preliminary inquiry or trial may be held
notwithstanding any irregularity, illegality, defect, or error in the summons
or warrant, or the issuing, service, or execution of the same, and
notwithstanding the want of any complaint upon oath, and notwithstanding any
defect in the complaint, or any irregularity or illegality in the arrest or
custody of the accused person.
102.
No variance between the charge contained in the summons or warrant and the
offence alleged in the complaint, or between any of them and the evidence
adduced on the part of the prosecution, shall affect the validity of any
proceedings at or subsequent to the trial or preliminary inquiry.
103.
A summons, warrant of any description or other process issued under any written
law shall not be invalidated by reason of the person who signed the same dying,
ceasing to hold office or have jurisdiction.
Saving of Validity of
Process
104.
The following provisions shall have effect in respect of warrants of commitment
and warrants of distress-
(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.
105.
(1) In addition to the
provisions of sections 25 to 27 of this Act in respect of warrants of arrest,
all summonses, warrants of every description and process of whatever
description shall be sufficiently addressed for service or execution by being
directed to the sheriff.
(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.
106. The provisions
contained in sections 22, 24 and 28 of this Act in respect of warrants of
arrest, and the provisions contained in this Part relating to summonses,
warrants of any description and other process and their issue, service,
enforcement and execution shall, so far as may be, apply to every summons,
warrant of any description and other process issued in respect of matters
within the criminal jurisdiction of the court under any written law.
Part 13
Search Warrant
Issue and
Execution
107.
(1) Where a magistrate is
satisfied by information upon oath and in writing that there is reasonable
ground for believing that there is in the State in any building, ship,
carriage, receptacle or place-
(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.
108. If the occupier of any building or the
person in whose possession any thing named in a search warrant is found is
brought before a magistrate and complaint is not made that he has committed an
offence, he shall forthwith be discharged by such magistrate.
109.
(1) Every search
warrant shall be under the hand of the magistrate issuing the same.
(2)
Every such warrant shall remain in force until it is executed or until it is
cancelled by the court which issued it.
110. A search
warrant may be directed to one or more may be persons and when directed to more
than one it executed by all or by any one or more of them. Time when search
warrant may be issued and executed.
111.
(1) A search warrant may
be issued and executed on any day including a Sunday or public holiday. It
shall be executed between the hours of five o'clock in the forenoon and eight
o'clock at night but the court may, in its discretion, authorise by the warrant
the execution of the warrant at any hour.
(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.
112.
(1) Whenever any building
or other thing or place liable to search is closed, any person residing in or
being in charge of such building, thing or place shall, on demand of the police
officer or other person executing the search warrant, allow him free ingress
thereto and afford all reasonable facilities for a search therein.
(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
113. When upon the
execution of a search warrant anything referred to in section 107 of this Act
is seized and brought before any magistrate, he may detain or cause it to be
detained, taking reasonable care that it is preserved until the conclusion of
the trial and if any person is committed for trial, or if any appeal is made,
he may order it further to be detained in such manner and place and by such
person as he may direct for the purpose of the trial or pending the hearing of
the appeal. If no person is committed for trial or no appeal is made, the
magistrate shall, except in the cases hereinafter mentioned, unless he is
authorised or required by law to dispose of it otherwise, direct
(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.
114. Where anything
seized under a search warrant and brought before a magistrate is of a
perishable or noxious nature such thing may be disposed of forthwith in such
manner as the court may direct.
115. If the
thing to be searched for under a search warrant is gunpowder or any other
explosive or dangerous or noxious substance or thing, the person making the
search shall have the powers and protection as are given by any written law for
the time being in force to any person lawfully authorised to search for any
such thing, and the thing itself shall be disposed of in the same manner as
directed by any such written law, or, in default of such direction, as the
Commissioner of Police of the State may either generally or in any particular
instance order.
116. If, in
consequence of the execution of a search warrant, there is brought before any
magistrate any forged banknote, banknote paper, instrument, or other thing, the
possession of which, in the absence of lawful excuse, is an indictable offence
according to any enactment for the time being in force the judge, if such
person is committed for trial, or, if there is no commitment for trial, the
magistrate may cause such thing to be defaced or destroyed.
117. If, under
any such warrant, there is brought before any magistrate any counterfeit coin
or other thing, the possession of which, with knowledge of its nature and
without lawful excuse, is an indictable offence according to any enactment for
the time being in force, every such thing shall be delivered up to the Commissioner
of Police of the State or to any person authorised by him to receive the same,
as soon as it has been produced in evidence and is no longer required as such
or as soon as it appears that it will not be required to be so produced:
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
118.
(1) A person charged with
any offence punishable with death shall not be admitted to bail, except by a
judge of the High Court.
(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.
120. The amount of bail
to be taken in any case shall be in the discretion of the court by whom the
order for the taking of such bail is made, shall be fixed with due regard to
the circumstances of the case and shall not be excessive.
121. Where in any
case the person in respect of whom the court makes an order requiring that a
recognisance be entered into is a minor, the minor shall not execute the
recognisance but the court shall require a parent, legal guardian or other fit
person, with or without sureties, to enter into a recognisance that the minor
shall do what is required under the court's order.
122. An accused admitted to bail may be
required to produce such surety or sureties as, in the opinion of the court
admitting him to bail, will be sufficient to ensure his appearance as and when
required and shall with him or them enter into a recognisance accordingly.
123. A judge of
the High Court may, if he thinks fit, admit any person charged before a court
in the State subject to the jurisdiction of the High Court to bail although the
court before whom the charge is made has not thought fit to do so.
124. Where a
magistrate, after a preliminary inquiry commits a person for trial and does not
admit him to bail the magistrate shall inform the person so committed of his
right to apply for bail to a Judge of the High Court.
125.
Notwithstanding the provisions of sections 119 and 120 of this Act, a Judge of
the High Court may in any case direct that any person in custody in the State be
admitted to bail or that the bail required by a magistrate's court or police
officer be reduced.
126. When as respects
any recognisance the court has fixed the amount in which the sureties, if any,
are to be bound, the recognisance need not be entered into before the said
court, but may be entered into by the parties before any other court, or before
any registrar, or before any superior officer of police or officer in charge of
a police station, or where any of the parties is in a Government prison before
the superintendent or other person in charge of such prison, and thereupon all
the consequences of law shall ensue and the provisions of this Law with respect
to recognisance before a court shall apply as if the recognisance had been
entered into before the said court.
127.
Where as a condition of the release of any person the is required to enter into
a recognisance with sureties, the recognisance of the sureties may be taken
separately and either before or after the recognisance of the principal, and if
so taken the recognisance of the principal and sureties shall be as binding as
if they had been taken together and at the same time.
128. Where a person
is remanded on bail, the recognisance may be conditioned for his appearance at
every time and place to which during the course of the proceedings the hearing
may be from time to time adjourned, without prejudice, however, to the power of
the court to vary the order at any subsequent hearing.
129.
(1) Where the entering
into of a recognisance is a condition of the release of any person, that person
shall be released as soon as the recognisance has been entered into and if he
is in prison or police custody, the court shall issue an order of release to
the officer in charge of the prison or other place of detention and such
officer on receipt of the order shall release him.
(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.
130. If it is
made to appear to any court by information on oath by a complainant, surety or
other person that any person bound by recognisance to appear before any court
or police officer is about to leave Nigeria, or, for the purpose of evading
justice, is about to leave or has left the division or district of the court
before which he is to appear or in which he normally resides, the court may
cause him to be arrested and may commit him to prison until the trial or
preliminary inquiry unless the court shall see fit to admit him to bail upon
further recognisance.
131. Where an
accused person has been admitted to bail and circumstances arise which, if the
accused person had not been admitted to
bail would, in the opinion of a law officer or police officer, justify the
court in refusing bail or in requiring bail of greater amount, a judge or
magistrate, as the case may be, may, on the circumstances being brought to his
notice by a law officer or police officer, issue his warrant for the arrest of
the accused person and, after giving the accused person an opportunity of being
heard, may either commit him to prison to await trial or admit him to bail for
the same or an increased amount as the judge or magistrate may think just.
132.
(1) Where an accused
person who has been admitted to bail by a magistrate is indicated by a law
officer for an offence which is not bailable by a magistrate, the magistrate
shall, on being informed of the fact by any superior police officer, issue his
warrant for the arrest of the accused person and commit him to prison in the
same manner as if he had been originally committed for trial for the offence
for which he is indicted.
(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.
133. If at any time after a recognisance has
been entered into it appears to the court that for any reason the surety or
sureties are unsuitable, such court may issue a summons or warrant for the
appearance of the principal, and upon his coming to the court may order him to
execute a fresh recognisance with other surety or sureties, as the case may be.
134.
(1) Any surety for the
appearance of a person may at any time apply to the court to discharge the
recognisance either wholly or so far as it applies to the applicant.
(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.
135. When any surety to a recognisance becomes
insolvent or dies or when any recognisance is forfeited under the provisions of
section 137 of this Act, the court may order the person from whom such
recognisance was demanded to furnish fresh security in accordance with the
directions of the original order and, if such security is not furnished, such
court may proceed as if there had been default in complying with such original
order.
136. Where a surety
to a recognisance dies before the recognisance is forfeited his estate shall be
discharged from all liability in respect of the recognisance.
137. Where it is
proved to the satisfaction of a court that a recognisance entered into under
Chapters 1 to 11 inclusive of this Act has been forfeited the court shall
record the facts and by order declare the recognisance to be forfeited.
138. The court may at
any time cancel or mitigate the forfeiture, upon the person liable under the
recognisance applying and giving security, to the satisfaction of the court,
for the future performance of the condition of the recognisance and paying, or
giving security for the payment of the costs incurred in respect of the
forfeiture or upon such other conditions as the court may think just.
139.
(1) Where a recognisance
to keep the peace and to be of good behaviour or not to do or commit some act
or thing, has been entered into by any person as principal or as surety before
a court, a court may, upon proof of the conviction of the person bound as
principal by such recognisance of any offence which is by law a breach of the
condition of the same, by order, adjudge such recognisance to be forfeited and
adjudge the persons bound thereby, whether as principal or as sureties or any
of such persons to pay the sums for which they are respectively bound.
(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.
140. Where any recognisance is declared or
adjudged to be forfeited, the court having jurisdiction over the matter of the
complaint may, forthwith or at any time after such declaration, issue a warrant
of commitment against any person liable, whether as principal or surety under
such recognisance, 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,
with or without hard labour, unless the amount due under such recognisance is
sooner paid.
141. All sums paid or recovered in respect of
any recognisance declared or adjudged by a court in pursuance of section 140 of
this Act to be forfeited shall be paid to the proper officer of the court.
142. Any order of forfeiture made under
section 137 or 139 of this Act shall be subject to appeal in the case of a
]magistrate's order to the High Court and in the case of a judge's order to the
Court of Appeal.
143. When any
person who is bound by any recognisance entered into under this Act to appear
before a court does not so appear, the officer presiding in such court may
issue a warrant directing that such person be arrested and brought before him.
Part 15
Bringing before
Court of Person in Custody
144.
(1) Where any person for whose
appearance or arrest a court is empowered to issue a summons or warrant is
confined in any prison the court may issue an order to the officer in charge of
such prison requiring him to cause such prisoner to be brought in proper
custody at a time to be named in the order before such court.
(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
145. Subject to the express provisions, if any, of the rules,
the forms contained in the First Schedule to this Act may, in accordance with
any instructions contained in the said forms, and with such variations as the
circumstances of the particular case may require, be used in the cases to which
they apply, and, when so used, shall be good and sufficient in law.
Part 17
Provisions
relating to Property and Persons
Ownership of
Property
146. Where in any
complaint, summons, warrant of any description, charge sheet, information or
any document whatsoever issued by a court in the exercise of its criminal
jurisdiction it is necessary to refer to the ownership of any property whether
movable or immovable which belongs to or is in the possession of more than one
person the following provisions shall apply-
(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
147. Where in any
complaint, summons, warrant of any description, charge sheet, information or
any document whatsoever issued by a court in the exercise of its criminal
jurisdiction it is necessary to refer to any person the description or
designation of that person shall be such as is reasonably sufficient to
identify him, without necessarily stating his correct name, or his abode,
style, degree, or occupation, and if, owing to the name of the person not being
known or for any other reason, it is impracticable to give such a description
or designation, such description or designation shall be given as is reasonably
practicable in the circumstances, or such person may be described as "a
person unknown":
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
148. Every
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 shall
have in her own name against all persons whatsoever, including the husband of
such marriage, subject as regards her husband to the proviso hereinafter contained,
the same remedies and redress by way of criminal proceedings for the protection
and security of her own separate property as if such property belonged to her
as an unmarried woman:
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
150. Charges may be
as in the forms set out in the Second Schedule of this Act and may be modified
in such respects as may be necessary to adapt them to the circumstances of each
case.
151.
(1) Every charge shall
state the offence with which the accused is charged and if the written law
creating the offence gives it any specific name the offence may be described in
the charge by that name only.
(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.
152.
(1) The charge shall
contain such particulars as to the time and place of the offence and the
person, if any, against whom or the thing, if any, in respect of which it was
committed as are reasonably sufficient to give the accused notice of the matter
with which he is charged.
(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.
153.
(1) In every charge words
used in describing an offence shall be deemed to have been used in the sense
attached to them respectively in the written law creating such offence.
(2) Figures and
abbreviations may be used for expressing anything which is commonly expressed
thereby.
154.
(1) The description of property
in a charge shall be in ordinary language and such as to indicate with
reasonable clearness the property referred to and if the property is so
described it shall not be necessary, except when required for the purpose of
describing an offence depending on any special ownership of property or special
value of property, to name the person to whom the property belongs or the value
of the property.
(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.
155. When more
persons than one are accused of the same offence or of different offences
committed in the same transaction or when a person is accused of committing an
offence and another of abetting or being accessory to or attempting to commit
such offence or when a person is accused of any offence of theft, criminal
misappropriation, criminal breach of trust and another of receiving or
retaining or assisting in the disposal or concealment of the subject matter of
such offence, they may be charged and tried together or separately as the court
thinks fit.
156. For every distinct offence with which any
person is accused there shall be a separate charL3,e and every such charge
shall be tried separately except in the cases mentioned in sections 157 to 161
of this Act.
157.
(1) When a person is
accused of more offences than one committed within the period of twelve months
from the first to the last of such offences whether in respect of the same
person or thing or not he may be charged with and tried at one trial for any
number of them not exceeding three.
(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.
158. If in one
series of acts or omissions so connected as to form the same transaction or
which form or are together part of a series of offences of the same or a
similar character more offences than one are committed by the same person
charges for such offences, whether felonies, misdemeanours or simple offences,
may be joined and the person accused tried therefor at one trial.
159. If the
acts or omissions alleged constitute an offence failing within two or more
separate definitions in any written law for the time being in force under which
offences are defined or punished the person accused of them may be charged with
and tried at one trial for each of such offences.
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.
161. If a
single act or omission or series of acts or omissions is of such a nature that
it is doubtful which of several offences the facts which can be proved will
constitute, the accused may be charged with having committed all or any of such
offences and any number of such charges may be tried at once or he may be
charged in the alternative with having committed some one of the said offences.
Variations of
Charge
162. When any person
is arraigned for trial on an imperfect or erroneous charge the court may permit
or direct the framing of a new charge or add to or otherwise alter the original
charge.
163. Any court
may alter or add to any charge at any time before judgment is given or verdict
returned and every such alteration or addition shall be read and explained to
the accused.
164.
(1) If a new charge
is framed or alteration made to a charge under the provisions of section 162 or
section 163 this Act the court shall forthwith call upon the accused to plead
thereto and to state whether he is ready to be tried on such charge or altered
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.
165. When a charge is altered by the court
after the commencement of the trial the prosecutor and the accused shall be
allowed to recall or re-summon any witness who may have been examined and
examine or cross-examine such witness with reference to such alteration.
166. No error
in stating the offence or the particulars required to be stated in the charge
and no omission to state the offence or those particulars shall be regarded at
any stage of the case as material unless the accused was in fact misled by such
error or omission.
167. Any objection to a charge for any formal
defect on the face thereof shall be taken immediately after the charge has been
read over to the accused and not later.
168. No
judgment shall be stayed or reversed on the ground of any objection which if
stated after the charge was read over to the accused or during the progress of
the trial might have been amended by the court nor-
(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
169.
Where a person is charged
with an offence but the evidence establishes an attempt to commit the offence
he may be convicted of having attempted to commit that offence although the
attempt is not separately charged.
170. Where a
person is charged with an attempt to commit an offence but the evidence
establishes the commission of the full offence the accused person shall not be
entitled to an acquittal but he may be convicted of the attempt and punished
accordingly.
171. Where a
person has been convicted of an attempt under either section 169 or 170 of this
Act such person shall not subsequently be liable to be prosecuted for the
offence for which he was convicted of attempting to commit.
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.
172. If upon
the trial of any person for a misdemeanour or simple offence it shall appear
that the facts proved in evidence amount in law to a felony, such person shall
not by reason thereof be entitled to be acquitted of such misdemeanour or
simple offence and no person tried for such misdemeanour or simple offence shall
be liable to be afterwards prosecuted for felony on the same facts, unless the
court shall think fit, in its discretion, to stop the trial and if it is a case
tried with a jury to discharge the jury from giving any verdict and to direct
such person to be indicted or charged for felony, in which case such person may
be dealt with in all respects as if he had not been put upon his trial for such
misdemeanour or simple offence.
173. Where a person
is charged with any of the following offences, that is to say-
(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.
174.
(1) If on any trial
for any of the offences mentioned in Chapter 37 of the Criminal Code Act the
facts proved in evidence justify a conviction for some other of the said
offences and not the offence wherewith the defendant is charged he may be found
guilty of the said other offence and thereupon he shall be punished as if he
had been convicted on a charge or an information charging him with such
offence.
(2) & (3) Deleted by 1966 No. 84.
175. If on any trial
for rape or for defilement of a girl under conviction the age of thirteen years
the facts proved in evidence under section authorised a conviction under
section 221 of the Criminal Code or for an indecent assault and not the offence
wherewith the accused is charged, he may be convicted of an offence under
section 221 of the Criminal Code or of indecent assault, as the case may be,
and thereupon he shall be punished as if he had been convicted on a charge or
an information charging him with such offence or indecent assault.
176. If on any
trial for an offence under section 221 of the Criminal Code the facts proved in
evidence warrant a conviction for an indecent assault and not the offence
wherewith the accused is charged the accused may be convicted of indecent
assault although he was not charged with that offence.
177. Where upon the
trial of any person for the murder of any child or for infanticide it appears
upon the evidence that such person was not guilty of murder or of infanticide,
as the case may be, but was guilty of the offence specified in section 329 of
the Criminal Code, such person may be found guilty of that offence.
178.
(1) Where upon the trial of a
woman for the murder of her newly-born child it a pears upon the evidence that
having regard to the provisions of section 327A of the Criminal Code she was
not guilty of murder but was guilty of infanticide she may be found guilty of
infanticide.
(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.
179.
(1) In addition to the provisions
hereinbefore specifically made, whenever a person is charged with an offence
consisting of several particulars a combination of some only of which
constitutes a complete lesser offence in itself and such combination is proved
but the remaining particulars are not proved he may be convicted of such lesser
offence or may plead guilty thereto although he was not charged with it.
(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
180. (1)
When more charges than one are made against a person and a conviction has been
had on one or more of them the prosecutor may, with the consent of the court,
withdraw the remaining charge or charges or the court, of its own motion, may
stay the trial of such charge or 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.
181.
(1) Without prejudice to
section 171 of this Act, a person charged with an offence (in this section
referred to as "the offence charged") shall not be liable to be tried
therefor if it is shown-
(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.
182. A person
acquitted or convicted of any offence may afterwards be tried for any distinct
offence for which a separate charge might have been made against him on the
previous trial under the provisions of section 158 of this Act.
183. A person
acquitted or convicted of any offence constituted by any act or omission
causing consequences which together with such act or omission constitute a
different offence from that for which he was acquitted or convicted may
afterwards be tried for such last mentioned offence if the consequences had not
happened or were not known to the court to have happened at the time when he
was acquitted or convicted when such consequences create the offence of murder
or manslaughter.
184. A person
acquitted or convicted of any offence constituted by an act or omission may,
notwithstanding such acquittal or conviction, be subsequently charged with and
tried for the same or any other offence constituted by the same acts or
omissions if the court by which he was first tried was not competent to try the
offence with which he was first charged.
185.
(Deleted by 1966 No. 84.)
Part 20
Witnesses
Enforcing
Attendance of Witnesses
186.
(1) If the court is
satisfied that any person is likely to give material evidence for the
prosecution or the defence the court may issue a summons for such person
requiring him to attend, at a time and place to be mentioned therein, before
the court to give evidence respecting the case and to bring with him any
specified documents for things and any other documents or things relating thereto
which may be in his possession or power or under his control.
(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.
187. Every such
summons shall be served upon the person to whom it is directed in the same
manner as is set out in section 89 or 91 of this Act or, with leave of the
court, section 90 and the provisions of sections 92 to 95 of this Act shall
apply to such summons.
188. If the
person to whom any such summons is directed does not attend before the court at
the time and place mentioned therein, and there does not appear to the court on
inquiry to be any reasonable excuse for such non-attendance, then, after proof
to the satisfaction of the court that the summons was duly served or that the
person to whom the summons is directed wilfully avoids service, the court, on
being satisfied that such person is likely to give material evidence, may issue
a warrant to apprehend him and to bring him, at a time and place to be
mentioned in the warrant, before the court in order to testify as aforesaid.
189. If the
court is satisfied in the first instance, by proof Upon oath, that any person
likely to give material evidence, either for the prosecution or for the
defence, will not attend to give evidence without being compelled so to do,
then, instead of issuing a summons, it may issue a warrant in the first
instance for the apprehension of such person.
190.
(1) Every witness
arrested under a warrant issued in the first instance shall, if practicable and
the hearing of the case for which his evidence is required is appointed for a
time which is more than twenty-four hours after the arrest, be taken before a
magistrate, and the magistrate may, on his furnishing security by recognisance
to the satisfaction of the magistrate for his appearance at such hearing, order
him to be released from custody, or shall, on his failing to furnish such security,
order him to be detained for production at such hearing.
(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.
191. Any
witness who-
(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.
193. Any person
present in court and compellable as a witness, whether a party or not in a
cause, may be compelled by the court to give evidence, and produce any document
in his possession, or in his power, in the same manner and subject to the same
rules as if he had been summoned to attend, and give evidence, or to produce
such document and may be punished in like manner for any refusal to obey the
order of the court.
Refractory
Witnesses
194. (1)
When any person attending either in obedience to a summons or after
notification as in section 193 of this Act or by virtue of a warrant or being
present in court and being verbally required by the court to give evidence in
any case-
(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
195. Where any person appears before the court
on summons, recognisance or by virtue of a warrant to give evidence against any
person accused of any offence the court may order payment, in accordance with
the provisions of any rules of court, of the costs and expenses of such witness
together with compensation for his trouble and loss of time.
196. The court may in
its discretion, at the request of any person who appears before such court on
summons, recognisance or by virtue of a warrant to give evidence on behalf of
an accused person, order payment in accordance with the provisions of any rules
of court to such witness of such sum of money as to the court seems reasonable
and sufficient to compensate him for the expenses, trouble, and loss of time
which he incurred or sustained in attending before the court.
197. In addition to any other power conferred
on a Court the court may, if it considers it proper so to do on adjournment
granted at the request of either or any party, direct that the amount payable
to any witnesses in accordance with the provisions of this Act and any rules of
court, or such sum not exceeding such amount aforesaid as the court may fix,
shall be paid by the party requesting the adjournment to such witnesses as may
be present and whose evidence it has not been possible to take owing to the
granting of the adjournment.
198. The amount of the expenses and
compensation payable to any witness attending before the court shall
ascertained by the registrar, certified under his hand and shall be paid out of
general revenue to the witness by the Accountant-General of the Federation.
Examination of
witnesses
199. Subject to the provisions of any other
written law the examination of witnesses shall be in accordance with the
provisions of Parts 9 and 10 of the Evidence Act.
200. The court at any
stage of any trial, inquiry or other proceedings under this Act may call any
person as a witness or recall and re-examine any person already examined and
the court shall examine or recall and re-examine any such person if his
evidence appears to the court to be essential to the just decision of the case.
201.
Certificates signed by any of the officers named section 41 of the Evidence
Act, shall be admissible in evidence in accordance with the provisions of
sections 41 to 43 of the Evidence Act.
202. In cases where the right of reply depends
upon the question whether evidence has been called for the defence the fact
that the person charged has been called as a witness shall not of itself confer
on the prosecution the right of reply:
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
203. Subject to the provisions
of sections 204 and 223 of this Act and of any other written law specifically
relating thereto the room or place in which any trial is to take place under
this Act shall be an open court to which the public generally may have access
as far as it can conveniently contain them:
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.
204. In
addition to and not in mitigation of any powers which a court may possess to
hear proceedings in camera the court may, where a person who in the opinion of
the court has not attained the age of seventeen is called as witness in any
proceedings in relation to an offence against or any conduct contrary to
decency or morality, direct that all or any persons not being members or
officers of the court or parties to the case, their legal practitioners or
persons otherwise directly concerned in the case, be excluded from the court during
the taking of the evidence of such person.
205.
(1) An order made under
either section 203 or 204 of this Act excluding the public from a court shall
not unless specifically stated-
(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.
206. No infant,
other than an infant in arms, or child shall be permitted to be present in court
during the trial of any person charged with an offence or during any
proceedings preliminary thereto and if so present, shall be ordered to be
removed unless he is the person charged with the alleged offence or his
presence is required as a witness or otherwise for the purposes of justice in
which event he may remain for so long as his presence is necessary.
207.
(1) Where it appears to
the court that in the interest of justice the court should have a view of any
place, person or thing connected with the case the court may, where the view
relates to a place, either adjourn the court to that place and there continue
the proceedings or adjourn the case and proceed to view the place, person or
thing concerned.
(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
208. Where a person
is before any court and it appears to the court that such person is an infant,
or a child, or a young person, or an adult, the court may make due inquiry as
to the age of that person and for that purpose may take such evidence as may be
forthcoming at the time, or at the time to which the inquiry may be adjourned
but an order or judgment of the court shall not be invalidated by any
subsequent proof that the age of that person has not been correctly stated to
the court, and the age presumed or declared by the court to be the age of that
person shall for the purposes of this Act be deemed to be the true age of that
person.
209.
Where in a charge for any
offence, it is alleged that the person by or in respect of whom the offence was
committed was a child or young person or was under or above any specified age,
and he appears to the court to have been at the date of the commission of the
alleged offence a child or young person, or to have been under or above the
specified age, as the case may be, he shall for the purposes of this Act be
presumed at that date to have been a child or young person or to have been
under or above that age, as the case may be, unless the contrary is proved.
Part 23
Presence of Parties
and Conduct of Trials
210. Every accused
person shall, subject to the provisions of section 100 and of subsection (2) of
section 223 of this Act, be present in court during the whole of his trial
unless he misconducts himself by so interrupting the proceedings or otherwise
as to render their continuance in his presence impracticable.
211.
(1) Both the complainant
and defendant shall be entitled to conduct their respective cases in person or
by a legal practitioner.
(2)
Where the defendant is in custody or on remand he shall be allowed the access
of such legal practitioner at all reasonable times.
212. (Deleted by L.N. 47 of 1955.)
213.
(1) Where any person
other than the Attorney-General of the State prosecutes in any criminal
proceedings for an offence against a law of the State on behalf of the State or
any public officer prosecutes in his official capacity in any such criminal
proceedings such person or public officer shall of prosecute such case subject
to such general or specific directions as may be given by the Attorney-General
of the State.
(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.
214. Where an accused
person appears before a court on a summons he may be required to enter the dock
or to stand or sit adjacent thereto as may be ordered by the court.
Part 24
Recording of
Plea
215. The person to be
tried upon any charge or information shall be placed before the court
unfettered unless the court shall see cause otherwise to order, and the charge
or information shall be read over and explained to him to the satisfaction of
the court by the registrar or other officer of the court, and such person shall
be called upon to plead instantly thereto, unless where the person is entitled
to service of a copy of the information he objects to the want of such service
and the court finds that he has not be been duly served therewith.
216.
(1) Where an accused
person is charged with having previously been convicted he shall not when
called upon to previous lead to the other charges or counts be required to
plead to such charges unless he pleads guilty to the rest of the charges or
counts on which he is to be tried or is found guilty on one or more of such
charges or counts.
(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.
217.
Every person by pleading
generally the plea of not guilty shall without further form be deemed to have
put himself upon his trial.
218. If the
accused pleads guilty to any offence with which he is charged the court shall
record his plea as nearly as possible in the words used by him and if satisfied
that he intended to admit the trust of all the essentials of the offence of
which he has pleaded guilty, the court shall convict him of that offence and
pass sentence upon or make an order against him unless there shall appear
sufficient cause to the contrary.
219. If the accused when called upon to plead
to a charge or information for any offence can lawfully be convicted on such
charge or information of some other offence not stated in such charge or
information he may plead not guilty of the offence stated in the charge or
information but guilty of such other offence and the court, if satisfied as in
the last preceding section provided, shall record his admission as nearly as
possible in the words used by him, and may in its discretion, convict the
accused of the offence of which he has pleaded guilty and proceed as in the
last preceding section provided, unless the prosecution states its desire to
proceed with the trial of the accused for any offence stated in the charge or
information.
220. If the
accused person when called upon to plead shall stand mute of will not or cannot
answer directly malice or when called upon to plead to the charge the court
shall enter or cause to be entered a plea of not guilty on behalf of such
person and the plea so entered shall have the same force and effect as if such
person had actually pleaded the same, or else the court shall thereupon proceed
to try whether the accused person be of sound or unsound mind in accordance
with the provisions of Part 25 of this Act and if he shall be found to be of
sound mind shall proceed with his trial.
221.
(1) Any accused person
against whom a charge or information is filed may plead-
(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
222.
For the purposes of this
Part of this Act, unless the context otherwise requires-
"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.
223.
(1) When a Judge holding
a trial or a magistrate holding a trial or an inquiry has reason to suspect that
the accused is of unsound mind and consequently incapable of making his defence
the Judge, jury or magistrate, as the case may be, shall in the first instance
investigate the fact of such unsoundness of mind.
(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.
224.
(1) If such medical
officer shall certify that the accused person is of sound mind and capable of
making his defence, the court shall, unless satisfied by the defence that the
accused person is of unsound mind, proceed with the inquiry or trial, as the
case may be.
(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.
225. (1)
(a) Whenever an
accused person is found to be of unsound mind and incapable of making his
defence, the court, the offence charged is bailable by the court, may, in its
discretion, release him on sufficient security being given that he shall be
properly taken care of and shall be prevented from doing injury to himself or
to any other person, and for his appearance when required before the court or
such officer as the court appoints in that behalf.
(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.
226. Whenever an inquiry or trial is postponed
under section 223 or 224 of this Act the court may at any time re-open the
inquiry or commence the trial de novo and require the accused to appear or be
brought before such court.
227. When the accused
has been released under section 225 of this Act, the court may at any time
require the accused to appear or be brought before it and may again proceed
under section 223 of this Act.
228. When the accused
appears to be of sound mind at the time of any preliminary inquiry before a
magistrate and the magistrate is satisfied from the evidence given before him
that there is reason to believe that the accused committed an act which if he
had been of sound mind would have been an offence but is further satisfied from
that evidence-
(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.
229. Whenever any
person is acquitted by virtue of the said section 28 or 29(2)(b) of the
Criminal Code the verdict of the court before which the trial has been held or,
in the case of a trial with a jury, of the jury shall state specifically
whether he committed the act alleged or not.
230.
(1) Whenever the finding
states that the accused person committed the act alleged, the court before which
the trial has been held shall, if such act would but for incapacity found have
constituted an offence, order such person to be kept in safe custody in such
place and manner as the court thinks fit and shall report the case for the
order of the Governor.
(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.
231. When any person
is confined under section 225 or 230 of this Act, the medical officer of the
prison if such person is confined in a prison, or the medical officer attached
to the asylum if he is confined in any asylum, shall keep him under observation
in order to ascertain his state of mind and such medical officer shall make a
special report for the information of the Governor as to the state of mind of
such person at such time or times as the Governor shall require.
232. When any person
is, under the provisions of section 225 of this Act, confined in a prison or
asylum and is certified by the medical officer thereof to be capable of making
his defence, such person shall be taken before the court at such time as the
court appoints, and the court shall proceed with 'f the trial or inquiry, as
the case may be, and the aforesaid certificate shall be receivable as evidence.
233. If the
medical officer of a prison or the medical officer attached to an asylum in
which a person is confined under section 225 or 230 of this Act shall certify
that such person in his judgement may be discharged without danger of his doing
injury to himself or to any other person, the Governor may thereupon order him
to be discharged or to be detained in custody or in prison or to be transferred
to an asylum if he has not already been sent to such an asylum, and in case he
orders him to be transferred to such an asylum may require the Director of
Medical Services of the State to appoint two medical officers to report on the
state of mind of such person and upon any other facts the Governor may require
and on receipt of such report the Governor may order his discharge or detention
as he thinks fit.
234. Where a person
is confined in a prison or an asylum the Governor may direct his transfer from
one prison or asylum to any other prison or asylum as often as may be
necessary.
235.
(1) Whenever any relative
or friend of any person confined under section 225 or 230 of this Act desires
that such person shall be delivered over to his care and custody, the Governor,
upon the application of such relative or friend and on his giving security to
the satisfaction of the Governor that the person delivered shall be properly
taken care of and shall be prevented from doing injury to himself or to any
other person, may in his discretion order such person to be delivered to such
relative or friend:
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
236. If during any proceedings before a court it
becomes necessary to adjourn the hearing of the same, the court may from time
to time adjourn such proceedings after or without hearing the evidence, if it
thinks fit, to a certain time and place, to be then appointed in the hearing of
the parties or the legal practitioners representing them and if the defendant
is in custody the court may admit him to bail, as in this Act provided, or by
its warrant remand him to prison or other suitable place of security for any
time not normally exceeding eight days but if necessary for such longer period
as the court may consider advisable, and if such remand shall not be for longer
than three clear days the court may order the person in whose custody the
person remanded is, or any other fit officer or person, to continue to keep the
accused in his custody, and to bring him again before the court at the time
appointed for continuance of the case.
237. During
remand the court may nevertheless order the accused to be brought before it.
238. If a court is satisfied that an accused
person who has been remanded is, by reason of illness or accident, unable to
appear personally before the court at such adjournment as in section 236 of
this Act mentioned, such court may, in the absence of the accused person, order
him to be further remanded for such time as may be deemed reasonable and cause
him to be so informed in writing.
Place of
Commitment
239. All
persons committed to prison under this Act shall be committed to a Government
prison or other place of safe custody.
Part 27
Addresses
Opening of Case
for the Prosecution
240. After the
accused person has pleaded not guilty to the charge or information the person appearing
for the prosecution may open the case against the accused person and then
adduce evidence in support of the charge.
Defence and
Reply
241. After the case for the prosecution is
concluded the accused or the legal practitioner representing him, if any, shall
be entitled to address the court at the commencement or conclusion of his case,
as he thinks fit, and if no witnesses have been called for the defence, other
than the accused himself or witnesses solely as to the character of the accused
and no document is put in as evidence for the defence, the person appearing for
the prosecution shall not be entitled to address the court a second time but if
in opening the case for the defence the person appearing for the accused has in
addressing the court introduced new matter without supporting it by evidence
the court, in its discretion, may allow the person appearing for the
prosecution to 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
244. When the case for both sides is closed the
court shall consider its verdict and for this purpose may adjourn the trial.
245. The Judge or
magistrate shall record his judgment in writing and every such judgment shall
contain the point or points for determination, the decision thereon and the
reasons for the decision and shall be dated and signed by the Judge or
magistrate at the time of pronouncing it:
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.
246. If the court finds the accused not guilty
the accused shall forthwith be discharged and an order of acquittal recorded.
247. If the
court convicts the accused person or if he pleads guilty, it shall be the duty
of the registrar to ask the accused whether he has anything to say why sentence
should not be passed on him according to law but the omission of the registrar
so to ask him or his being so asked by the Judge or magistrate instead of the
registrar shall have no effect on the validity of the proceedings.
248. If the
court finds the accused guilty the court shall either pass sentence on the
accused or make an order or reserve judgment and adjourn the case to some
future day.
249.
(1) Where an accused
person is found guilty of an offence the court may in passing sentence take
into consideration any other charge then pending against the accused if the
accused admits the other charge and desires that it be taken into consideration
and if the prosecutor of the other charge consents.
(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.
250.
When a person is
convicted of any offence the court may, instead of passing sentence, discharge
the offender upon his entering into his own recognisance, with or without
sureties, in such sum as the court may think fit, conditioned that he shall
appear and receive judgment at some future sitting of the court or when called
upon.
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
252. Where a sentence or conviction does not
order the payment of money but orders that the offender be imprisoned the court
shall issue a warrant of commitment accordingly.
253. A warrant
under the hand of the Judge or magistrate by whom any person shall have been sentenced
or committed to prison for non-payment of a penalty or fine shall be full
authority to the superintendent of any prison and to all other persons for
carrying into effect the sentence described in such warrant not being a
sentence of death.
Defect in Order
or Warrant
254. The court may at any time amend any
defect in substance or in form in any order or warrant of commitment and no
omission or error as to time and place and no defect in form in any order or
warrant of commitment given under this Act, shall be held to render void or
unlawful any act done or intended to be done by virtue of such order or warrant
if it is therein mentioned, or may be inferred therefrom, that it is founded on
a conviction or judgment sufficient to sustain the same.
Part 2
Costs,
Compensation and Damages
255.
(1) A court may order any
person convicted before it of an offence to pay to the prosecutor in addition
to any penalty imposed such reasonable costs as the court may seem fit.
(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.
256. If in any
case before a court one or more persons is or are accused of any offence and
the court by whom the case is heard discharges or acquits any or all of the
accused and the Judge or magistrate presiding over the court is of opinion that
the accusation against any or all of them was false and either frivolous or
vexatious, the Judge or magistrate may for reasons to be recorded, direct that
compensation, to such an amount not exceeding twenty naira as he may determine,
be paid to the accused or to each or any of them by the person upon whose
complaint the accused was or were charged.
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.
258. The
provisions of sections 255 and 256 of this Act shall be subject to any express
provision made in any written law relating to the procedure to be followed in
the awarding of costs or compensation in respect of conditions specified in
such written law.
259. An appeal
shall lie against any order awarding costs under section 255 of this Act, if
made by a magistrate to the High Court and if made by a Judge to the Court of
Appeal.
260.
(1) The person to whom
compensation is awarded may refuse to accept any such order for compensation
but where any person received compensation for an injury under the award of the
court as above mentioned, or where the offender, having been ordered to make
compensation, suffers imprisonment for non-payment thereof, the receipt of such
compensation or the undergoing of such imprisonment, as the case may be, shall
be a bar to any action for the same injury.
(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
261. Where in a
charge of stealing or receiving stolen property, the court shall be of opinion
that the evidence is insufficient to support that charge, but that it establishes
wrongful conversion or detention of property, the court may order that such
property be restored, and may also award damages:
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
263.
(1) During or at the
conclusion of any trial or inquiry, the court may make such order as it thinks
fit for the disposal whether by way of forfeiture, confiscation or otherwise of
any property produced before it regarding which any offence appears to have
been committed or which has been used for the commission of any offence.
(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.
264. The court may
order the seizure of any instruments materials or things which there is reason
to believe are provided or prepared, or being prepared, with a view to the
commission of any offence triable by the court and may direct the same to be
forfeited, confiscated, held or otherwise dealt with in the same manner as
property under section 263 of this Act.
265.
(1) On a conviction
under section 51, 58 or 232 of the Criminal Code, the court may order the
confiscation and destruction of all the copies of the thing in respect of which
the conviction was had and which are in the custody of the court and also all
those which remain in the possession or power of the person convicted.
(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.
266. Where a
magistrate is satisfied by information on oath that there is reasonable ground
for believing that there is in the State in any building, ship, carriage,
receptacle or place anything in respect of which an order may be made under
section 264 or 265 of this Act, such magistrate may issue a search warrant to
search for any such thing and if such thing be found the same shall be brought
before any court and dealt with as the court may think proper.
267.
(1) Whenever a person is
convicted of an offence attended by criminal force and it appears to the court
that by such force any person has been dispossessed of any immovable property
the court may, if it thinks fit, order the possession of the same to be
restored to such person.
(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.
268. When any person
is convicted of any offence which includes or amounts to stealing or receiving
stolen property and it is proved that any other person has bought the stolen on
property from him without knowing or having reason to believe that the same was
stolen, and that any money has on the arrest of the convicted person been taken
out of his possession, the court may, on the application of such purchaser and
on the restitution of the stolen property to the person entitled to the
possession thereof, order that out of such money a sum not exceeding the price
paid by such purchaser shall be delivered to him.
269. Where, upon the apprehension of a person
charged with an offence, any property, other than that used in the commission
of the offence, is taken from him, the court before which he is charged may
order-
(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.
270.
(1) Where any person is
convicted of having stolen or having received stolen property, the court
convicting him may order that such property or a part thereof be restored to
the person who appears to it to be the owner thereof, either on payment or
without payment by the owner to the person in whose possession such property or
a part thereof then is, of any sum named in such order.
(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.
271. Where any person
is charged with an offence relating to counterfeit coin and in that person's possession,
actual or constructive, was found any counterfeit coin or any matter or thing
intended to be used for the purpose of making counterfeit coins then, whether
such charge proceeds to conviction or not, such coin or matter or thing shall
not be returned to the person charged or to the person from whom the same was
taken but shall be destroyed in such manner as the court may order and failing
any such order the same shall be delivered by the court to any administrative
officer or to any officer of the office of the Accountant-General of the
Federation, not below the grade of an assistant accountant, or to a police
officer not below the rank of superior police officer, to be destroyed in such
manner as such officer may see fit.
272. Where any person
comes into possession of any coin which he believes to be counterfeit or of any
matter or thing which in his opinion is to be used for the purpose of making
counterfeit coins he may hand such coin, matter or thing to any administrative
officer, officer of the Central Bank of Nigeria designated by the Bank to
receive the same, or to any police officer not below the rank of sub-inspector,
and such administrative officer, officer of the Central Bank of Nigeria, or
police officer-
(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
(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
(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.
273. Subject to
the express provisions of any written law relating thereto, every article, not
pecuniary, forfeited in respect of a summary conviction offence or the seizure,
forfeiture or disposition of which may be enforced by the court may be sold or
disposed of in such manner as the court may direct, and the proceeds of such
sale shall be applied in the like manner as if the proceeds were a penalty
imposed under the written law on which the proceeding for the forfeiture is
founded.
Part 31
Summary
Procedure in Perjury
274.
(1) If it appears to a
court that a person has been guilty of perjury in any proceeding before it, the
court, subject to the provisions of subsection (2) of this section and in
addition in the case of a magistrate to subsection (3) of this section, may-
(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
275. (1)
Trials shall be held- (a) in the High Court-
(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.
276. The Chief Judge may
by rule direct that any offence or class of offence shall not be triable
summarily by the High Court either throughout the whole of a State or in any
specified part thereof.
Chapter 4
Part 33
Summary Trial
Application
277. The
provisions of this Part of this Act shall apply to offences triable summarily,
that is to say-
(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.
278. The provisions
of this Act, other than those relating to the committal of an accused person to
the High Court for trial on information therein, shall apply to trials under
this Chapter save that where the provisions of this Chapter conflict with the
provisions so applied the provisions of this Chapter shall prevail.
Hearing of
Complaint
279. On the day and at the place mentioned in
the summons or on the day and at the place on and to which the defendant is
brought before the court under a warrant, as the case may be, the case with
respect to which the complaint has been made shall be called for hearing in the
court.
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.
282. (1)
If, when the case is called neither the complainant nor the defendant appears,
the court shall make such order as the justice of the case requires.
(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.
283. If, when
the case is called both the complainant and the defendant appear, the court
shall proceed to hear and determine the case.
284. If a
complainant at any time before a final order is made in any case under this
Chapter, satisfies the court that there are sufficient grounds for permitting
him to withdraw his complaint the court may permit him to withdraw the same and
shall thereupon acquit the accused unless the court directs that the accused
instead of being acquitted shall be discharged.
285.
(1) At the commencement
of the hearing, the court shall state or cause to be stated to the defendant
the substance of the complaint, and shall ask him whether he is guilty or not
guilty.
(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.
286. If at the
close of the evidence in support of the charge it appears to the court that a
case is not made out against the defendant sufficiently to require him to make
a defence the court shall, as to that particular charge, discharge him.
287.
(1) At the close of the
evidence in support of the charge, if it appears to the court that a prima
facie case is made out against the defendant sufficiently to require him to
make a defence the court shall call upon him for his defence and-
(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.
288. Failure to
comply with the requirements of paragraph (a) of section 287 of this Act shall
not of itself vitiate the trial provided that the court called upon the defendant
for his defence and asked him if he had any witnesses and heard the defendant
and his witnesses and other evidence, if any.
289. If the
defendant adduces in his defence new matter which the complainant could not
foresee the complainant may, with the leave of the court, adduce evidence to
rebut such first mentioned evidence.
290. Whenever it
appears to the court that any person who is so dangerously ill or hurt that
there is a possibility he may not recover is able and willing to give material
evidence relating to any offence triable summarily and it shall not be
practicable to take the evidence in accordance with the provisions of this Act
of the person so ill or hurt, such magistrate may take in writing the statement
on oath or affirmation of such person and shall subscribe the same and certify
that it contains accurately the whole of the statement made by such person, and
shall add a statement of his reason for taking the same and of the date and
place when and where the same was taken, and shall preserve such statement and
file it for record.
291. The court
shall cause reasonable notice of the intention to take the same and of the time
and place where it is to be taken to be served upon the prosecutor and accused
3,ht by the and if the accused is in custody, he shall be brought, by the
person in whose charge he is under an order in writing of the magistrate to the
place where the statement is to be taken.
292. If the
statement relates to an offence for which any person is subsequently committed
for trial under Part 36 of this Act, it shall be transmitted to the court in
which such person is to be tried and a certified copy shall be transmitted to a
law officer.
293.
(1) Such statement so
taken may afterwards be used in evidence on the trial of any person accused of
an offence to which the same relates in accordance with the provisions of
section 35 of the Evidence Act.
(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.
294.
(1) The court shall in
every case take notes in writing of the oral evidence, or so much thereof as it
considers is material, in a book to be kept for that purpose and such book
shall be signed by the Judge or magistrate at the conclusion of each day's
proceeding.
(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.
295. It shall
be the duty of a court trying a case summarily to make or cause to be made such
local inspection as the circumstances of the case may require.
296. Where a
complaint is made by one or more parties against another party or parties and there
is a cross-complaint by the defendant or defendants in such first named case
either by himself or themselves or together with another person or persons
against the complainant or complainants in the first named case either by
himself or themselves or together with another person or persons and such
cross-complaints are with reference to the same matter the court may, if it
thinks fit, hear and determine such complaints at one and the same time.
297. Where two
or more complaints are made by one or more parties against another party or
parties and such complaints refer to the same matter, such complaints may, if
the court thinks fit, be heard and determined at one and the same time.
298. If, in the
course of the hearing, circumstances should appear which cause the court to be
of the opinion that the offence, on account of its aggravated character or
other sufficient reason, is not suitable to be disposed of by such court, then
such court may, instead of adjudicating, commit the accused for trial before
the High Court and shall follow the procedure in Part 36 of this Act, in
relation to preliminary inquiries.
Making of order
299. Upon the
conclusion of the hearing, the court shall either at the same or at an
adjourned sitting give its decision on the case either by dismissing or
convicting the accused and may make such other order as may seem just.
Binding Over
300. On any summary trial the court may, whether
the complaint be dismissed or not, bind over the complainant or defendant, or
both or any of them, with or without a surety or sureties, to be of good
behaviour, and may order any person so bound, in default of compliance with the
order, to be imprisoned for any term not exceeding three months, with or
without hard labour, in addition to any other punishment to which such person
is liable.
Dismissal and
Acquittal
301.
(1) Where a complaint is
dismissed and such dismissal is stated to be on the merits such dismissal shall
have the same effect as an 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
302.
(1) Where a child or
young person is charged before a magistrate with any indictable offence, other than
a capital offence, the magistrate, if he thinks it expedient so to do, may,
subject to the extent of his jurisdiction and without consulting the parent or
guardian, deal summarily with the offence and, in case of the child or young
person being found guilty, inflict the same description of punishment as might
have been inflicted if the case had been tried on indictment: Provided that in
the case of a child-
(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.
303. Where a court orders a child or young
person to undergo corporal punishment such punishment shall be carried out in
accordance with the provisions of Part 42 of this Act relating to corporal
punishment.
Part 35
Summary Trial
by Magistrate of Adult charged with an Indictable Offence
304. (1) Where a
person who is an adult is charged before a magistrate's court with any
indictable offence other than a capital offence, the court may, subject to the
extent of the jurisdiction of the magistrate adjudicating, deal summarily with
the 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.
305. (1)
A magistrate, without
prejudice to any other power which he may possess may, for the purposes of
ascertaining whether it is expedient to deal with a case summarily, either
before or during the hearing of the case, adjourn the case and remand the
person charged.
(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.
306. A law officer in the case where any
charge of an indictable offence is being proceeded with summarily by a
magistrate under the provision of this Part of this Act may, at any time before
the decision thereof, by order in writing under his hand, require such
magistrate to deal with the same as one for trial on information and on receipt
of such requisition the magistrate shall deal with such case accordingly.*
307. Where an adult
charged with an indictable offence is being tried summarily by a magistrate,
such magistrate shall, at the request of any person in charge of the
prosecution made at any time before the decision in the case, adjourn the
hearing of the charge in order that a law officer may be consulted with a view
to obtaining an order as in the last immediately preceding section mentioned to
have the case dealt with as one for trial on information.
308. Where an
indictable offence is in the circumstances mentioned in this Part of this Act
authorised to be dealt with summarily by a magistrate-
(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.
309. Any person
convicted of any indictable offence tried summarily may, instead of or in
addition to any punishment to which he is liable, be ordered to enter into his
own recognisance, without or without sureties, in such amount as the court
thinks fit that he shall keep the peace and be of good behaviour for a time to
be fixed by the court and may be ordered to be imprisoned until such recognisance,
with sureties if so directed, is entered into but so that the imprisonment for
not entering into the recognisance shall not extend for a term longer than one
year and shall not together with the fixed term of imprisonment, if any, extend
for a term longer than the longest term for which he might be sentenced to be
imprisoned without fine.
Chapter 5
Part 36
Preliminary
Inquiry by a magistrate into an Indictable Offence
Place of
Inquiry not an Open Court
310. The room or
place in which a preliminary inquiry is held or in which a statement under
section 319 of this Act is taken is not an open or public court for that
purpose, and the court may if it thinks that the ends of justice shall be best
answered by so doing, order that no person have access to or be or remain in
that room or place without the express permission of the court.
Local
Inspection and Medical Examination
311.
(1) It shall be the
duty of a magistrate holding a preliminary inquiry-
(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.
312. Where
under the provisions of this or any other Act, a magistrate holds a preliminary
inquiry, the following provisions shall apply-
(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.
313.
(1) The magistrate
holding the preliminary inquiry shall bind over every witness for the
prosecution whose deposition has been taken to attend to give evidence at the
trial of the accused person before the High Court.
(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.
314.
(1) If at the close
of the evidence for the prosecution a prima facie case has in the opinion of
the magistrate been established against the accused, immediately after the last
witness for the prosecution has been bound over to attend the trial, the
magistrate shall again read the charge or read the amended or substituted
charge to the accused and explain the nature thereof to him in ordinary
language and inform him that he has the right to call witnesses and, if he so
desires, to give evidence on his own behalf.
(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.
315. If the
accused person states that he has witnesses to call but that they are not
present in court and the court is satisfied that the absence of the witnesses
is not due to any fault or neglect of the accused and that there is a
likelihood that they could if present give material evidence on his behalf the
court may adjourn the inquiry and issue process, or take other steps, to compel
the attendance of such witnesses.
316.
(1) The magistrate holding
the preliminary inquiry shall bind over every witness for the defence whose
evidence is, in the opinion of the magistrate, material, to give evidence at
the trial of the accused person before the court.
(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.
317. Nothing
contained in section 314 of this Act shall prevent the prosecutor in any case
from giving in evidence at the trial any admission or confession or other
statement of the accused made at any time which is by law admissible as
evidence against the accused.
318.
Notwithstanding anything contained in sections 312, 314, 315 and 319 of this
Act, the magistrate may if he thinks fit and although the case for the
prosecution has been closed, take the evidence of further witnesses for the
prosecution or recall any witness for further examination.
319.
(1) Where any person able
to give material evidence in respect of an indictable offence in respect of
which preliminary inquiry is proceeding is, from illness or injury, unable to
attend at the place where the magistrate usually sits, any magistrate shall
have power to take the deposition of such person at the place where such person
is.
(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.
320. Should the
magistrate initiating the preliminary inquiry be unable for any sufficient
reason to continue it after an adjournment it shall not be necessary for his
successor to recommence such inquiry, unless it appears to him that the case is
one on which he should adjudicate finally, but he shall read over aloud in the
presence of the parties the depositions already taken.
321. The magistrate taking depositions shall
cause all writings and other articles exhibited by the witnesses, or any of
them, to be inventoried and labeled, or otherwise marked, in the presence of
the person producing the same, so that the same may be identified at the trial.
322. The signature
of the magistrate shall be at the end of the deposition of each witness called
for the prosecution and for the defence and at the end of any statement made by
the accused in answer to the charge and shall thereby authenticate the
deposition of the witness and the statement made by the accused.
323. The
magistrate before determining whether he will or will not commit any accused
person for trial, shall take into consideration his statement or any such
evidence as is given by him or his witnesses.
324. Where
there is a conflict of evidence, the magistrate shall consider the evidence to
be sufficient to put the accused on his trial if the evidence against him is
such as, if uncontradicted, would raise a probable presumption of his guilt.
Discharge or
Committal for Trial
325.
(1) If the court
considers that the evidence against the accused is not sufficient to put him on
his trial, the court shall forthwith order him to be discharged as to the
particular charge under inquiry but such discharge shall not be a bar to any
subsequent charge in respect of the same facts.
(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.
326. If the
magistrate considers the evidence sufficient to put the accused on his trial,
he shall commit him for trial to the High Court and shall, until the trial,
either admit him to bail or send him to prison for safe keeping; the warrant of
the magistrate's court shall be sufficient authority to the person in charge of
any prison appointed for the custody of prisoners committed for trial, although
out of the district to which such magistrate is assigned.
327. When the
accused appears to be of sound mind at the time of the preliminary enquiry, the
court, notwithstanding that it is alleged that at the time when the act was
committed, in respect of which the accused person is charged, he was by reason
of unsoundness of mind incapable of knowing the nature of the act or that it
was wrong and contrary to law, shall proceed with the case, and, if the accused
ought to be committed for trial, the court shall so commit him.
328. If the
accused, though not insane, cannot be made to understand the proceedings, the
magistrate may proceed with the preliminary investigation; and if such
investigation results in a committal for trial, the proceedings shall be
forwarded to the High Court with a report of the circumstances, and the High
Court shall pass thereon such order as may deem necessary in the circumstance.
Conditional
Binding over of Witnesses
329.*
(1) Notwithstanding the provisions of
sections 313 and 316 of this Act, where any person charged before a magistrate
with an indictable offence is committed for trial and it appears to the
magistrate, after taking into account anything which may be said with reference
thereto by the accused or the prosecutor, that the attendance at the trial of
any witness who has been examined before him is unnecessary by reason of
anything contained in any statement by the accused, or of the accused having pleaded
guilty to the charge or of the evidence of the witness being merely of a formal
nature the magistrate shall if the witness has not already been bound over,
bind him over to attend the trial conditionally upon notice being given to him
and not otherwise, or shall, if the witness has already been bound over, direct
that he shall be treated as having been bound over to attend only conditionally
as aforesaid, and shall transmit to the court of trial a statement in writing
of the names, addresses and occupations of the witnesses who are, or who are to
be treated as having been, bound over to attend the trial conditionally.
(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
330. The written charge,
if any, the depositions, the statement of the accused, his answers recorded
under subsection (5)(a) of section 314 of this Act, if any, the recognizances
of the prosecutor and witnesses and the recognizances of bail, if any, and any
documents and exhibits which have been put in evidence, shall be transmitted in
proper time to the registrar of the court before which the trial is to be held;
and an authenticated copy of the depositions and statement and answer aforesaid
and where practicable of any documents which have been put in evidence shall be
transmitted to a law officer, or to the Director of Public Prosecutions or a
State counsel as may be most convenient.
331. A person
who has been committed for trial shall be furnished free of charge, before the
trial with a copy of the depositions and where practicable of any documents
which have been put in evidence:
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
332. If it
shall appear to the magistrate in the course of preliminary inquiry that the
offence is one which the court has jurisdiction to try summarily and is of such
a nature that it can be suitably dealt with under the powers in criminal cases
possessed by the court, he may, subject to the provisions of Parts 33 and 35 of
this Act, hear and finally determine the matter, and either convict the accused
or dismiss the charge:
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
333.
(1) At any time after the
receipt of the depositions and other documents mentioned in section 330 of this
Act and before the indictment is filed, a law officer or State counsel may, if
he thinks fit, refer back the case to the magistrate with directions to reopen
the inquiry for the purpose of taking further evidence, and with such other
directions as he thinks proper; if a case is referred back as herein provided,
the inquiry shall be reopened and the case shall be dealt with in all respects
as if the accused person had not 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
334. Where a trial is to take place in the
High Court after preliminary inquiry and committal for trial to the High Court
by a magistrate such trial shall, save as provided for in Part 38, be on
information.
335. The
President may by order direct that any offence or class of offences arising in
any place or district specified in such order and charged against any person or
class of persons as may also be specified in such order shall be tried with a
jury and any person charged with an offence directed by any such order to be
tried with a jury shall, subject to the provisions of section 336 of this Act,
be so tried in accordance with the provisions of this Act.
336. Where a
person is charged in one information with two or more offences one or more of
which are triable with a jury and one or more by a Judge with or without
assessors, the trial shall be with a jury unless the principal offence charged
is triable without a jury and the Judge shall direct that the trial of all the
charges shall be heard without a jury or that the offences triable with a jury
shall be tried separately from the other offences.
Information
337. Every
information shall bear date of the day when the same is signed and, with such
modifications as shall be necessary to adapt it to the circumstances of each
case, may commence in the following form-
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].
338.
(1) Where an information
is exhibited to the High Court under the provisions of this Act-
(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.
339. The
provisions of sections 151 to 180 of this Act shall apply, mutatis mutandis, to
counts of an information.
Proceedings
Preliminary to Trial
340.
(1) Subject to the
provisions of this section an information charging any person with an indictable
offence may be preferred by any person before the High Court charging any
person with an indictable offence for which that person may lawfully be
indicted, and wherever an information has been so preferred the registrar
shall, if he is satisfied that the requirements of section 341 of this Act have
been complied with, file the information and it shall thereupon be proceeded
with accordingly:
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.
341. (1)
All informations shall, subject to the provisions of subsection (2) and section
342 of this Act, be signed by a law officer.
(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.
342. The
registrar shall receive an information from a private person if-
(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
344. The place of trial shall be determined in
accordance with the provisions of section 64 of this Act.
345. Notwithstanding the provisions of section
344 of this Act-
(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.
346. Where any case shall be transferred from
one place in a division to another place in the same division or to another
division such case shall be tried and determined at the place or in the
division to which it has been so transferred; and all recognisance, subpoenas,
and proceedings in or relating to the case shall thereupon be deemed to be
returnable at such latter place or division and all witnesses who are bound by
recognisance or summoned to attend the trial shall be informed accordingly and
shall attend at such latter place or division.
Notice of Trial
347. The registrar or
his deputy, or any other person directed by the court, shall endorse on, or
annex to, every copy delivered to the sheriff or proper officer, for service
thereof, a notice of trial, which notice shall specify the particular sessions
at which the party is to be tried on the said information and shall be in the
following form, or as near thereto as may be-
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
348. The registrar or
other proper officer shall deliver, or cause to be delivered, to the sheriff or
proper officer serving the information, a copy thereof, with the notice of trial
endorsed on the same or annexed thereto, and if there are more parties charged
than one then as many copies as there are parties, together with a similar
notice for service on each witness bound to attend the trial.
349.
(1) The sheriff or other
proper officer aforesaid shall as soon as may be after having received a copy
of the information and notice of trial, and three days at least before the day
specified therein for trial, or within such lesser time as the court may for
good cause order, by himself or his deputy or other officer, deliver to the
party charged the said copy and notice and explain to him the nature thereof,
and when the said party is not in custody or shall have been admitted to bail
and cannot readily be found he shall leave a copy of the said information and
notice of trial with some one of his household for him at his dwelling-house,
or with some one of his bail, for him, and if none such can be found, shall
affix the said copy and notice to the outer or principal door of the
dwelling-house of the party charged or of any of his bail:
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.
350. The officer
serving the copy of the said information and notices shall forthwith make to
the registrar or other proper officer a return of the mode of service thereof.
Proceedings at
Trial and Subsequent Proceedings
351.
Where any person against
whom an information has been duly preferred, and who is then at large, does not
appear to plead to such information, whether he is under recognisance to appear
or not, the court may issue a warrant for his apprehension.
352. Where a person
is accused of a capital offence the State shall, if practicable, be represented
by a law officer, or legal practitioner and if the accused is not defended by a
legal practitioner the court shall, if practicable, assign a legal practitioner
for his defence.
353.
(1) The person to be
tried upon an information shall be arraigned in accordance with the provisions
contained in Part 24 of this Act, relating to the taking of pleas and the
procedure thereon.
(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
354.
Every person who is bound
by recognisance to attend at any criminal sessions as a witness, whether for
the prosecution or for the defence, in any case to be tried at such sessions,
shall, if he has received a subpoena or notice, be bound to attend the court on
the day appointed for the trial of such case, and on subsequent days of the
sessions, until the case has been disposed of or until he has been discharged
by the court from further attendance.
355. If any
person who has been bound by recognisance to attend as a witness, whether for
the prosecution or for the defence, at the trial of any case does not attend
the court on the day appointed for the trial of such case after having been
served with notice of the trial, and no reasonable excuse is offered for such
non-attendance, the court may issue a warrant to apprehend such person, and to
bring him, at a time to be mentioned in the warrant, before the court in order to
give evidence on behalf of the prosecution or of the defence, as the case may
be.
356. If any
person to whom any writ of subpoena is directed does not attend the court at
the time and place mentioned therein, and no reasonable excuse is offered for
such non-attendance, then, upon the court being satisfied that the writ was
duly served or that the person to whom the writ is directed wilfully avoids
service and that such person is likely to give material evidence, the court may
issue a warrant to apprehend such person, and to bring him, at a time to be
mentioned in the warrant, before the court in order to give evidence on behalf
of the prosecution or of the defence, as the case may be.
357. Every
person who makes default in attending as a witness in either of the cases
mentioned in the two last preceding sections shall be liable, on the summary
order of the court, to a fine of forty naira, and in default of payment, to
imprisonment for a term of two months.
358. Every person whose attendance as a
witness, whether for the prosecution or for the defence, is required in any
case, and who has not been bound by recognisance to attend as a witness at the
criminal sessions at which such case is to be tried, may be summoned by a writ
of subpoena.
359. The
registrar, on being furnished with the names and places of abode of any
witnesses on behalf of the prosecution or defence whose attendance is required
to be secured by subpoena, shall prepare and deliver to the sheriff for service
a writ or writs of subpoena directed to such witnesses, together with as many
copies thereof as there may be witnesses named in such writ or writs and when
application shall be made to postpone any trial by reason of the absence of any
witness stated to be material it shall be taken as prima facie evidence that
the party applying for such postponement has not exercised all due and
necessary diligence to secure the attendance of such witness if it shall appear
that no subpoena to such witness was sued out four clear days at the least
before the first day of the criminal sessions.
Miscellaneous
Provisions
360. In
addition to the provisions hereinbefore in this Part provided in respect of witnesses
the provisions contained in this Part 20 of this Act, shall, mutatis mutandis,
apply to witnesses required to give evidence in a case triable under this Part
of this Act.
361. In
addition to the provisions of this Part of this Act and to the other express
provisions of this or any other enactment relating to trials of indictable
offences the provisions of this Act relating to evidence, adjournment,
addresses, the discharge and sentencing of convicted persons, the awarding of
compensation, costs and the directing and ordering of forfeitures and also all
other incidental matters relating to the trial of a case other than those
specifically applicable to trial with a jury or with assessors, shall be
applicable to a trial on information.
362.
The judgment and
subsequent sentence of the court shall be endorsed by the registrar on the
information.
363. The procedure
and practice for the time being in force of the High Court of Justice in
Part 38
Summary Trial
after Committal
364.
(1) When an accused
person has been committed by a magistrate for trial by the High Court and if on
or before the day appointed for trial of such accused an information against
him has not been filed or if on such day no duly authorised person appears
before the court to prosecute the case on behalf of the State, the presiding
Judge-
(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.
365. The trial
of an accused under this Part of this Act shall be in accordance with the
provisions of this Act so far as, in the opinion of the Judge, the same may be
applicable.
Chapter 7
Provision
Relating to Sentences of Death, Imprisonment, Caning and Fine
PART 39
General
366. Subject to
the provisions of any written law relating to any specific offence or class of
offence and to the jurisdiction conferred on any court or on any person
presiding over such 30 of 1960. court the provisions hereinafter in this
Chapter contained shall apply to sentences of death, imprisonment, caning and
fine.
Part 40
Capital
Sentences
367.
(1) The punishment
of death is inflicted by hanging the offender by the neck till he be dead.
(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."
368.
(1) Where sentence of
death has been passed such sentence shall only be carried out in accordance
with the provisions of this Part of this Act.
(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.
369. A
certificate under the hand of the registrar, or other officer of the court,
that such sentence has been passed, and naming the person condemned, shall be
sufficient authority for the detention of such person.
370. After the sentence of death has been
pronounced the presiding Judge shall, as soon as conveniently may be, forward
to the Governor a copy of the finding and sentence and of his notes of evidence
taken on the trial together with a report in writing signed by him containing
any recommendation or observations on the case which he thinks fit to make.
371. (Deleted by 1961 No. 40.)
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.
372. The
appropriate authority shall communicate his decision to the Judge who presided
over the trial or to his successor in office sending to such Judge a copy of
his order and such Judge shall cause such order to be entered in the record of
the court.
373. (1)
The order of the appropriate authority shall be under his hand and the Public
Seal and shall be as in one of the forms set out in the Fourth Schedule of this
Act or as near thereto as circumstances permit and if the sentence is to be
carried out shall state the place and time where and when the execution is to
be had and give directions as to the place of burial of the body or may direct
that the execution shall take place at such time and at such place and the body
of the person executed be buried at such place as shall be appointed by some
officer specified in the order.
(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.
374. A copy of the order of the appropriate
authority under his hand and the Public Seal shall be sent, if the execution is
to take place in Lagos to the sheriff and if elsewhere to the Governor of a
State in which the execution is to be carried into effect and the sheriff or
Governor, as the case may be, shall have effect given thereto:
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.
375.
(1) The said copy of the
order of the appropriate authority under his hand and the Public Seal or the
directions S issued by the Governor under section 374 of this Act shall be
sufficient authority in law to all persons to carry the sentence into effect in
accordance with the terms 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.
375.
(1) The said copy of the
order of the appropriate authority under his hand and the Public Seal or the
directions issued by the Governor under section 374 of this Act shall be
sufficient authority in law to all persons to carry the sentence into effect in
accordance with the terms 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.
Procedure Where
Woman Convicted of Capital Offence is alleged to be Pregnant
376.
(1) Where a woman
convicted of an offence punishable with death alleges that she is pregnant, or
where the court before or by which a woman is so convicted thinks fit so to do
the court shall, before sentence is passed on her, determine the = is question
whether or not she is 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
377. Imprisonment,
subject to the express provisions of any written law providing imprisonment as
a punishment for an offence, may be either with or without hard labour as the
court may order and where no specific order is made the imprisonment shall be
with hard labour.
378.
(1) The Governor may by notice
published in the State Gazette declare that in the case of certain chiefs named
in such notice no sentence of imprisonment passed by virtue of the powers given
under any written law by any court shall be carried out without the previous
consent of the Governor and after the publication of such notice no such
sentence passed on any chief named therein shall be carried out without such
consent and the Governor may in his discretion fine the said chief in lieu of
the sentence of the court.
(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.
379. Where the
court has power to pass a sentence of imprisonment the court, in lieu of
passing sentence of imprisonment, may order that the offender be detained
within the precincts of the court or at any police station till such hour, not
later than eight in the evening on the day on which he is convicted, as the
court may direct:
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.
380. Where a sentence of imprisonment is
passed on any person by a court the court may order that the sentence shall
commence at the expiration of any other term of imprisonment to which that
person has been previously sentenced by any competent tribunal in Nigeria so
however that where two or more sentences passed by a magistrate's court are ordered
to run consecutively the aggregate term of imprisonment shall not exceed four
years or the limit of jurisdiction of the adjudicating magistrate whichever is
the greater.
381. A sentence of imprisonment takes effect
from and includes the whole of the day of the date on which it was pronounced.
382.
(1) Subject to the
other provisions of this section, where a court has authority under any written
law to impose imprisonment for any offence and has not specific authority to
impose a fine for that offence, the court may, in its discretion, impose a fine
in lieu of imprisonment.
(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.
383.
A person who escapes from
lawful custody while undergoing a sentence involving deprivation of liberty is
liable upon recapture to undergo the punishment which he was undergoing at the
time of his escape, for a term equal to that during which he was absent from
prison, after the escape and before the expiration of the term of his original
sentence, whether at the time of his recapture the term of that sentence has or
has not expired.
Part 42
Caning
384. No person
shall be sentenced to be caned more than once for the same offence.
385. No sentence
of caning shall be passed on any female or on any male who, in the opinion of
the court, has attained the age of forty-five years.
386.
(1) Caning shall be with
light rod or cane or birch, and the number of strokes shall be specified in the
sentence and shall not exceed twelve.
(2)
Where a person is convicted of one or more offences at one trial the total
number of strokes awarded shall not exceed twelve.
387. When any
person is convicted of any offence for which he is liable to imprisonment for a
period of six months or more the court may, if it thinks fit, having regard to
the prevalence of crime within its jurisdiction or to the antecedents of the
offender, sentence such offender to caning either in addition to or in lieu of
any other punishment to which the offender is liable.
388. (1)
In the case of a
sentence or order involving corporal punishment such punishment shall be
carried out at such place as the court may direct and as soon as practicable
unless the person convicted gives notice of appeal or of his intention to
appeal or of his intention to apply for leave to appeal, as the case may be, in
which case such punishment shall not be carried out until the determination of
the appeal, or in cases where application for leave to appeal is finally
refused of the application, and pending the determination of the application to
appeal or the appeal, as the case may be, the accused shall be kept in custody
or may be released on bail as the court may order.
(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
389. A person
convicted of an offence punishable by-
(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.
390.
(1) Where by any written
law the court is empowered to impose a penalty for a summary conviction offence
it may, in the absence of express provision to the contrary in the same or any
other written law, order a defendant who is convicted of such offence, in
default of payment of the sum of money adjudged to be paid by the order, either
forthwith or at the time specified in the order, as the case may be, to be
imprisoned, with or without hard labour, in accordance with the scale set forth
in this section.
(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-
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Where the fine- |
The period of imprisonment shall not exceed- |
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does not exceed one naira |
seven days |
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exceeds one naira and does not exceed two naira |
fourteen days; |
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exceeds two naira and does not exceed twenty naira |
one month; |
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exceeds twenty naira and does not exceed sixty naira |
Two months; |
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exceeds sixty naira and does not exceed one hundred
naira |
four months; |
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exceeds one hundred naira and does not exceed two
hundred naira |
Six months |
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exceeds two hundred naira and does not exceed four
hundred naira one year; |
One year |
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exceeds four hundred naira |
Two years |
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(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
391. A court in
fixing the amount of any fine to be imposed on an offender shall take into
consideration, amongst other things, the means of the offender so far as they
appear or are known to the court and where a fine is imposed the payment of the
court fees and police fees payable in the case up to and including conviction
shall not be taken into consideration in fixing the amount of the fine or be
imposed in addition to the fine, but the amount of the fine, or of such part
thereof as may be paid or recovered, shall be applied as follows-
(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
392.
(1) In every case
where an order is made against any person for the payment of a sum of money and
such person is liable to be imprisoned for a certain term unless such sum shall
be sooner paid the court may do all or any of the following therefor-
(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.
393.
(1) If the person
liable to pay any sum and to whom time has been given to pay either with or
without a surety or sureties makes default in such payment or fails to enter
into the security required by the court the court may issue its warrant of
commitment requiring any police officer to take and convey such person to
prison and there deliver him to the officer in charge of the prison, and
requiring the officer in charge of the prison to receive such person into the
prison and there to imprison him with or without hard labour, as the case may
be, for such time as may be directed and appointed by the warrant of
commitment, unless the sum of money adjudged to be paid by the order and also all
other costs, charges, and expenses shall be sooner paid.
(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.
394. In all
cases where any person against whom a warrant of commitment for non-payment of
any sum of money adjudged to be paid by an order is issued, pays or tenders to
the person having the execution of the same the sum or sums in such warrant
mentioned together with the amount of the expenses of such warrant up to the
time of such payment or tender, the person having the execution of such warrant
shall cease to execute the same.
395. Where any
person is brought to any prison to be imprisoned by virtue of a warrant of
commitment there shall be endorsed on such warrant the day on which such person
was arrested by virtue thereof and the imprisonment shall be computed from such
day and inclusive thereof.
396. Where any
person has been committed to prison by the court for default in finding a
surety or sureties the court may, on application made to it by such person or
by some person acting on his behalf, inquire into the case of such person, and
if upon new evidence produced to the court or proof of a change of
circumstances the court thinks having regard to all the circumstances of the
case that it is just so to do, the court may reduce the amount for which it was
ordered that the surety or sureties should be bound, or dispense with the
surety or sureties, or otherwise deal with the case as the court may think
just.
397. (1)
Where any person has been
committed to prison by the court for non-payment of any sum of money adjudged
to be paid by an order, such person may pay or cause to be paid to the officer
in charge of the prison the sum mentioned in the warrant of commitment together
with the amount of the costs, charges and expenses, if any, also mentioned therein
and the officer in charge of the prison shall receive the same and thereupon
discharge such person, unless he is in custody for some other matter.
(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.
398. Where under the authority of any written
law the court imposes a fine or any pecuniary penalty whether or not that fine
or penalty is accompanied by a power to impose imprisonment and no special
provision other than recovery by distress is made for the recovery of such fine
or penalty, the court may order such fine or penalty to be recoverable by
distress and in default of such distress satisfying the amount of the fine or
penalty as aforesaid, may order that the offender be imprisoned, with or without
hard labour as the case may be, in accordance with the scale set forth in
section 390 of this Act.
399.
(1) Where the court
orders a sum to be recoverable by distress the court shall issue its warrant of
distress for the purpose of recovering the same, such warrant shall be in
writing and signed by the court, it shall authorise the person charged with the
execution thereof to take any money as well as any goods of the person against
whom distress is levied and any money so taken shall be treated as if it were
the proceeds of sale of goods taken under the warrant.
(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.
400. Where a part only of the amount ordered
to be recovered by distress is so recovered the period imprisonment ordered to
be suffered in default of recovery of the amount imposed shall be reduced
accordingly and shall bear the same proportion to the full period as the amount
recovered bears to the total amount ordered to be recovered, the warrant of
commitment shall be drawn up accordingly and after such committal the
provisions of section 397 of this Act, shall apply.
Chapter 8
Detention
during the Pleasure of President and Deportation
Part 44
Detention
during the Pleasure of the President
401.
(1) When any person is ordered
to be detained during the pleasure of the President he shall notwithstanding
anything in this Act or in any other written law contained be liable to be
detained in such place and under such conditions as the President may direct
and whilst so detained shall be deemed to be in legal custody.
(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
402. In this Part of this Act, the word
"deported" with its grammatical variations and cognate expressions
means-
(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
403. Where a
person not a citizen of Nigeria is deported to some place within Nigeria and
such person requests that instead of remaining in Nigeria he may leave Nigeria
and undertakes not to return for such term of years as may be approved by the
President or at all and the President accedes to such request the person shall
be permitted to leave Nigeria, and may, if the President so directs, be
detained in custody until his deportation and if such person returns to Nigeria
within the period during which his deportation was to remain in force such
person may be again deported on a fresh warrant under the original order or
under a new order.
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.
406. Where it
is shown by evidence on oath to the satisfaction of a court that any person in
the State is conducting or has conducted himself so as to be dangerous to peace
and good order, or is endeavouring or has endeavoured to excite enmity between
any section of the people of Nigeria and the Federal Republic or is intriguing
or has intrigued against constituted power and authority in Nigeria, the court
may recommend to the President that he be deported.
407.
(1) Where a person
required to give security under section 405 of this Act makes default in so
doing and the court contemplates recommending to the Minister that he be
deported, or where the court contemplates recommending to the President the
deportation of a person to whom section 406 of this Act relates, before making
any such recommendation the court shall require the person concerned to attend
before the court and, after in the latter case being informed of the
allegations made against him, be given an opportunity to show cause why he
should not 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.
409. Where a
recommendation for deportation has been made in respect of a person to whom
section 404, 405 or 406 of this Act relates such person may be detained in
custody pending the decision of the President and during such time shall be
deemed to be in lawful custody.
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.
411. If after
such consideration as aforesaid the President shall decide that no order of
deportation shall be made, he shall cause the court to be so informed, and the
court may, in the case where a recommendation has been made under section 404
of this Act instead of imposing any other punishment, deal with the case as if
no such recommendation had been made, and make such order of imprisonment or
other punishment as may be authorised by law.
412.
(1) If a person
ordered to be deported is sentenced to any term of imprisonment, such sentence
of imprisonment shall be served before the order of deportation is carried into
effect.
(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
413. Where a child or young per son is brought
before the High Court or a magistrate's court charged with an offence the
charge shall be inquired into in accordance with the provisions of the Children
and Young Persons Act and not in accordance with the provisions of this Act.
414. The words
"conviction" and "sentence" shall cease to be used in
relation to children and young persons and any sentence" reference in any
Act to a person convicted, a conviction or a sentence shall, in the case of a
child or young person, be construed as including a reference to a person found
guilty of an offence, a finding of guilt or an order made upon such a finding,
as the case may be.
415. A court
when inquiring into a charge against a child or young person or when hearing an
application for an order that such a person be sent to a Government
establishment or an institutional which inquiry the attendance of the child or
young person is required, shall, when practicable, unless the child or young
person is charged jointly with any other person not being a child or young person,
sit either in a different building or room from that in which the ordinary
sittings of the court are held, or on different days or at different times from
those at which the ordinary sittings are held.
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.
418. In a court sitting as provided in section
415 of this Act no persons other than members and officers of the court and the
parties to the case, the legal practitioners representing them, and other
persons directly concerned in the case shall, except by leave of such court, be
allowed to attend:
Provided that bona fide representatives of a newspaper or news agency shall not
be excluded except by special directions of the court.
419.
(1) No child shall
be ordered to be imprisoned.
(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.
420. Where an
offender found to have committed a capital offence has not attained the age of
seventeen years the provisions of subsection (3) of section 368 of this Act
shall apply.
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.
423. Where a
person who apparently has not attained the age of seventeen years having been
apprehended is not so released as aforesaid, the officer to whom such person is
brought shall cause him to be detained in a suitable place, which is not a
police station cell for detention of adult prisoners or a prison, until he can
be brought before the court, unless the officer certifies-
(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.
424. It shall
be the duty of the police officer in immediate charge of a police station to
make arrangements for preventing, so far as practicable, a person who
apparently has not attained the age of seventeen years while being detained in
a police station from associating with an adult charged with an offence.
425.
(1) A court on
remanding or committing for trial a child or young person who is not released
on bail shall, instead of committing him to prison, order him to be detained in
a place deemed by the court to be a place of safe custody to be named in the
commitment to be there detained for the period for which he is remanded or
until he is thence delivered in due course of law:
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.
426.
(1) Where a child or
young person is charged with any offence, or where a child is brought before a
court on an application for an order to send him to a Government establishment
or an institution, his parent or guardian may in any case, and shall, if he can
be found and resides within a reasonable distance and the person so charged or
brought before the court is a child, be required to attend at the court before
which the case is heard or determined during all the stages of the proceedings,
unless the court is satisfied that it would be unreasonable to require his
attendance.
(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.
427. Where a
child or young person charged with any offence is tried by any court, and the court
is satisfied of his guilt, the court shall take into consideration the manner
in which, under the provisions of this or any other Act enabling the court to
deal with the case, the case should be dealt with, namely whether-
(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.
428. Where a child is
charged before a magistrate's court with an offence and the court deals with
the case summarily, the court may not inflict on him a fine exceeding four
naira.
429.
(1) Where a child
or young person is charged before any court with any offence for the commission
of which a fine, damages, or costs may be imposed and the court is of opinion that
the case would be best met by the imposition of a fine, damages, or costs
whether with or without any other punishment, the court may in any case, and
shall if the offender is a child order that the fine, damages, or costs awarded
be paid by the parent or guardian of the child or young person instead of by
the child or young person, unless the court is satisfied that the parent or
guardian cannot be found or that the parent or guardian has not conduced to the
commission of the offence by neglecting to exercise due care of the child or
young person.
(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.
430. A child or
young person found guilty of an offence which is a felony shall not be regarded
as being convicted of felony for the purposes of any disqualification attaching
to felony.
431. Where a
child or young person is himself order by the court to pay costs in addition to
a fine the amount of the costs so ordered to be paid shall in no case exceed
the amount of the fine and, except in so far as the court may think fit
expressly to order otherwise, all fees payable or paid by the complainant in excess
of the amount of costs so ordered to be paid shall be remitted or repaid to him
and the court may also order the fine or any part thereof to be paid to the
complainant in or towards the payment of his costs.
432.
(1) A person who
apparently has not attained the age of nine years shall not be sentenced to
imprisonment for any offence, or committed to prison in default of payment of a
fine, damages, or costs.
(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.
433. Where a
child or young person is found guilty of an offence punishable in the case of
an adult with imprisonment or would if he were an adult be liable to be
imprisoned in default of payment of any fine, damages, or costs and the court
considers that none of the other methods in which the case may legally be dealt
with is suitable, the court may, in lieu of making an order upon such a finding
and sending him to prison or committing him to prison order that he be
committed to custody in a Government establishment or an institution named in
the order for such term as may be specified in the order.
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
435.
(1) Where any person is
charged before a court with an offence punishable by such court, and the court
thinks that the charge is proved but is of opinion that having regard to the
character, antecedents, age, health, or mental condition of the person charged,
or to the trivial nature of the offence or to the extenuating circumstances
under which the offence was committed, it is inexpedient to inflict any
punishment or any other than a nominal punishment or that it is expedient to
release the offender on probation the court may without proceeding to
conviction make an order either-
(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.
436.
(1) A recognisance
ordered to be entered into under this Part shall if the court so orders contain
a condition that the offender be under the supervision of such person or
persons of either sex, hereinafter called a probation officer, as may, with the
consent of such probation officer, be named in the order during the period
specified in the order, and an order requiring the insertion of such conditions
as aforesaid in the recognisance is in this Part of this Act referred to as a
probation order.
(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.
437. The person named
in a probation order may at any time be relieved of his duties and in any such
case or in case of the death of the person so named another person may by
consent be substituted by the court before which the offender is bound by his
recognisance to appear for conviction or sentence.
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.
439. The court before which any person is
bound by a recognisance under this Part of this Act to appear for conviction
and sentence or for sentence-
(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.
440. (1)
If the court before which an offender is bound by his recognisance under this
Part of this Act to appear for conviction or sentence is satisfied by
information on oath that the offender has failed to observe any of the
conditions of his recognisance, it may issue a warrant for his apprehension or
may if it thinks fit instead of issuing a warrant in the first instance issue a
summons to the offender and his sureties, if any, requiring him or them to
attend at such court and at such time as may be specified in the summons.
(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
441. Every male
person, between the ages of twenty-one years and sixty years residing in
Nigeria, who is able to speak the English language and understand the same
shall be qualified to serve as an assessor:
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.
442. The
sheriff, before the sitting, of any court whereat assessors shall be necessary,
shall, on receiving from the court a precept, issue summonses requiring the
attendance thereat of the number of persons therein named, which number shall
not exceed ten, qualified to serve as assessors and who are within the division
of the court requiring their services, and every such summons shall be personally
served upon or left at the usual or last known place of abode of the person so
summoned three clear days, or such other time as the court may direct, before
the day appointed for the sitting of the Court.
443. Not more
than one person employed in the same merchantile establishment shall be
required to serve together on any panel at any session of the court unless the
business of the court should be impeded by adherence to the provisions of this
section.
444. The
sheriff shall cause to be delivered to the court at the opening of the sessions
a list containing the names, occupations, and places of abode of the persons so
summoned.
445.
Omitted as applying only to the former Protectorate.
446. If the
trial is to be held with the aid of assessors, the judge shall select from the
persons summoned to act as assessors such number, not being ordinarily less
than two, as he shall think fit to assist him in such trial:
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.
447. If in the course of a trial with the aid
of assessors, at any time prior to the finding, any assessor shall from any
sufficient cause be prevented from attending throughout the trial, the trial
shall proceed with the aid of the remaining assessors or assessor.
448. In the
event of adjournment the assessors shall be required to attend at the adjourned
sitting, and at every subsequent sitting till the conclusion of the trial.
449.
(1) The opinion of each
assessor shall be given orally, and shall be recorded in writing by the court,
but the decision of the court shall be vested exclusively in the Judge.
(2) Any assessor
dissenting from any decision of the court may have his dissent and the grounds
thereof recorded.
450.
(1) Any person summoned to
attend the court as an assessor who shall not, without reasonable excuse (the
burden of proof whereof shall rest on such assessor), duly attend and be
present at the court on such summons and at all times appointed by the court
for adjournment, and any person present in court who, being called to serve as
an assessor, without reasonable excuse, refuses so to serve, shall be liable to
a fine of fifty naira or imprisonment for one month if the fine be not sooner
paid.
(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.
451. In cases
where any person is so fined in his absence the registrar shall forthwith send
him a written notice of the fact, requiring him to pay the fine, or to show
cause before the court within four days for not paying, the same.
452. Nothing
herein contained shall prevent the court from exempting for reasonable cause any
person from serving as an assessor.
Part 49
Inquiries by
Direction of Attorney-General
453. Where a sworn information is made before
any magistrate that an offence against a law of the State has been committed,
the Attorney-General of the State may, whether or not any known person be
charged with the commission of the offence, direct any magistrate to hold an
inquiry under this Part of this Act and may, if he thinks fit, direct that such
inquiry be held in camera.
454. The officer so directed shall then
examine on oath concerning such offence any person whom he has reason to
believe to be able to give material evidence concerning it, other than a person
confessing himself to be the offender, and shall take the deposition of such
witness and, if he sees cause, bind such witness by his own recognisance to
appear and give evidence at any place where, and at any time when, he may be
called upon to do so.
455. At the conclusion of an inquiry under
this Part of this Act the said officer shall forward to the Attorney-General of
the State the original depositions and recognisances of the witnesses together
with his report upon the proceedings, and shall state in such report his
opinion as to the persons implicated in the commission of such offence.
456. The provisions contained in this Act
relating to summoning witnesses, and to compelling their attendance and to
their examination on oath, and to binding them over to give evidence, shall
apply for the purposes of an inquiry under this Part of this Act.
457. If a person is put upon his trial for an
offence respecting which an inquiry under this Part of this Act has been held,
he shall, if he so request, be supplied free of charge, at least three days
before such trial, with an authenticated copy of all depositions taken at such
inquiry.
458. A witness examined at such inquiry shall
not to be excused from answering any question on the ground that the answer
thereto may incriminate or tend to incriminate him but any confession or answer
by a person to a question put at such examination shall not, except in the case
of any criminal proceeding for perjury committed at or after the holding of
such inquiry, be in any proceeding admissible in evidence against him.
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
459. From and
after the coming into operation of this Act, no person shall be committed for trial
on a coroner's inquisition.
Appeals
460. (Deleted
by L.N. 47 of 1955.)
Fees
461.
(1) Subject to the
provisions of section 462 of this Act in every proceeding had before any court
such fees as may be prescribed under this Act shall be paid.
(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.
462. The
provisions of this Act relating to fees and to the giving of security shall not
apply to the State or to any public officer acting in his official capacity.
Forms
463.
(1) Subject to the
express provisions, if any, of the rules, the forms and precedents contained in
the First, Second and Third Schedules to this Act may, in accordance with a any
instructions contained in the said forms, and with such variations as the
circumstances of the particular case may require, be used in the cases to which
they apply and, when so used, shall be good and sufficient in law.
(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
464.
(1) The Chief Judge
may make rules in respect of any or all of the following matters-
(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
465. Nothing in this Act shall affect the use
or validity of any special forms in respect of any procedure or offence
specified under the provisions of any other written law or the validity of any
other procedure provided by any other written law.
Part 51
Special
Provisions relating to Corporations
466.
(1) The provisions of
this Part of this Act shall have effect in relation to proceedings in the High
Court or in a magistrate's court.
(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.
467.
(1) In this Part of this
Act "corporation" means any body corporate, incorporated in
(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.
468. Where a corporation is called upon to
plead to any charge or information (including a new charge or information
framed under the provisions of section 162 of this Act, or a charge or
information added to or altered under the pro- visions of section 162 or
section 163 of this Act) it may enter in writing by its representative a plea
of guilty or not guilty or any plea which may be entered under the provisions
of section 221 of this Act, and if either the corporation does not appear by a
representative or, though it does so appear, fails to enter as aforesaid any
plea, the court shall order a plea of not guilty to be entered and the trial
shall proceed as though the corporation had duly entered a plea of not guilty.
469. A
magistrate may commit a corporation for trial to the High Court by an order in
writing empowering the prosecutor to prefer an information in respect of the
offence named in the order.
470. An order
under section 469 of this Act shall not prohibit the inclusion in the
information of counts that, under the proviso to subsection (2) of section 340
of this Act, may be included in the information in substitution for or in
addition to counts charging the offence named in the order.
471. A
representative may on behalf of a corporation-
(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.
472.
Where a representative
appears, any requirement of this Act that anything shall be done in the
presence of the accused, or shall be read or said or explained to the accused,
shall be construed as a requirement that that thing shall be done in the
presence of the representative or read or said or explained to the
representative:
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.
473. Where a
representative does not appear, any such requirement as is referred to in
section 472 of this Act, and any requirement that the consent of the accused
shall be obtained for summary trial, shall not apply.
474. Subject to
the preceding provisions of this Part of this Act, the provisions of this Act
relating to the inquiry into and trial of offences shall apply to a corporation
as they apply to an adult.
475. Where a corporation is charged jointly
with an individual with an offence before a magistrate, then if the offence is
not a summary conviction offence, but one that may be tried summarily with the
consent of the accused, the magistrate shall not try either of the accused
summarily unless each of them consents to be so tried.
476. The provisions of paragraph (b) of section
89 of this Act shall apply to the service on a corporation of any information,
notice or other document which is by this Act required to be served upon or
delivered to a person charged as they do to the service of a summons.
Chapter 12
Part 52
Service and
Execution throughout
477. In this
Chapter of this Act, unless the context otherwise requires-
"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
478. (1)
This section applies to a summons (other than a summons to compel the
attendance of a witness) which is issued under this Act on information or
complaint.
(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.
479. (1)
When a subpoena or summons has been issued in accordance with Chapters 1 to 11
of this Act by any court, Judge or magistrate in any State requiring any person
to appear and give evidence or to produce books or documents in any proceeding
under this Act, such subpoena or summons may, if the court, Judge or magistrate
is satisfied that the testimony of such person or the production of such books
or documents is necessary in the interests of justice, by leave of such court,
Judge or magistrate on such terms as the court,
(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.
480.
(1) Where-
(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.
481. When any
summons, subpoena, notice or other process has under the provisions of this
Chapter been served out of the State in which it was issued such service may be
proved-
(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.
482.
(1) Where a court, a
Judge, a magistrate or a justice of the peace of any State has in accordance
with this Act, issued a warrant for the apprehension of a person, a magistrate
of another State being a State in or on his way to which the person against
whom the warrant has been issued is or is supposed to be, shall, on being
satisfied that the warrant was issued by the court, Judge, magistrate or
justice of the peace, make an endorsement on the warrant in the form, or to the
effect of the form, in the Fifth Schedule authorising its execution in that
other State.
(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.
483.
(1) Where a person is
arrested without a warrant in a State or part of the Federation and there is in
that State no magistrate who has jurisdiction with respect to the offence with
which the person apprehended is charged the person apprehended shall be taken
as soon as practicable before a magistrate of a State who has such
jurisdiction:
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.
484.
(1) Where a person
apprehended is dissatisfied with an order made under subsection (3) of section
482 of this Act, or under subsection (1) of section 483 of this Act, he may
apply to a Judge of the High Court of the State in which he was apprehended for
a review of the order and the Judge may review the order.
(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.
485.
(1) Where a person has,
in pursuance of section 482, 483 or 484 of this Act, been admitted to bail in a
State, and a magistrate for that State, or where the person was admitted to
bail by a Judge of the High Court of that State, a Judge of that court, is
satisfied that the person has failed to comply with the conditions of the
recognisance upon which he was so admitted to bail, that magistrate or Judge
may declare the recognisance to be forfeited.
(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.
486.
(1) Where a court of a
State has in accordance with Chapters 1 to 11 of this Act, issued a warrant of
distress, a magistrate of another State being a State in which any money or
goods of the person against whom the warrant is issued are or are suppose to
be, may, on being satisfied that the warrant was issued by the court, make an
endorsement on the warrant in the form or to the effect of the form in the
Fifth Schedule authorising its execution in that other State.
(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.
488. Inserted by L.N. 155 of 1960, deleted by
L.N. 112 of 1964.
First Schedule
Forms