Part 48

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-

(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;

(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,

(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.

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:

(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.

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 Nigeria;

(f)            any person whom he suspects upon reasonable grounds of having been concerned in any act committed at any place out of Nigeria which, if committed in Nigeria, would have been punishable as an offence, and for which he is, under any enactment in force in Nigeria, liable to be apprehended and detained in Nigeria;

(g)           any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking;

(h)            any person for whom he has reasonable cause to believe a warrant of arrest has been issued by a court of competent jurisdiction in the State;

(I)             any person who has no ostensible means of subsistence and who cannot give a satisfactory account of himself, and

(j)             any person found in the State taking precautions to conceal his presence in circumstances which afford reason to believe that he is taking such precautions with a view to committing an offence which is a felony or misdemeanour.

(2)            The authority given to a police officer to arrest a person who commits an offence in his presence shall be exercisable in respect of offences committed in such officer's presence notwithstanding that the written law creating the offence provides that the offender cannot be arrested without a warrant.

(3)            The powers conferred by this section upon a police officer shall be exercisable within a State by a member of the police force.

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:

(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.

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.

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.

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.

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.*

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.*

(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.

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.

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:

(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,

(3)            Nothing in this section shall be deemed to prevent a police officer taking security under section 30 of this Act.

(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.

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.

(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,

(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

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:

(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:

(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.

(2)            In other cases such period shall commence on the date of such order unless the magistrate, for sufficient reason, fixes a later date.

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.

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.

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.

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.

(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,

(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.

(a)            is begun in the State and completed in another State; or

(b)            is completed in the State after being begun in another State,

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.

(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.

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:

(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.

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 England may exhibit informations in the High Court of Justice in England.

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.

(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:

(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.

(a)            in magistrates' courts, on a complaint whether or not on oath, and

(b)            in the High Court-

(i)             by information of the Attorney-General of the State in accordance with the provisions of section 72 of this Act, and

(ii)            by information filed in the court after the accused has been summarily committed for perjury by a Judge or magistrate under the provisions of Part 31 of this Act, and

(iii)           by information filed in the court after the accused has been committed for trial by a magistrate under the provisions of Part 36 of this Act, and

(iv)          on complaint whether on oath or not.

(a)            upon complaint to the court, whether or not on oath, that an offence has been committed by any person whose presence the magistrate has power to compel, and an application to such magistrate, in the manner hereinafter set forth for the issue of either a summons directed to, or a warrant of arrest to apprehend, such person; or

(b)            by bringing a person arrested without a warrant before the court upon a charge contained in a charge sheet specifying the name and occupation of the person charged, the charge against him and the time and place where the offence is alleged to have been committed; and the charge sheet shall be signed by the police officer in charge of the case.

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.

(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 Nigeria of the firm or corporation, or

(vi)           to anyone having, at the time of service, control of the business or the firm or corporation;

(c)            if on a local government council, then in accordance with the Local Government Law of the State.

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.

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.

(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.