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Criminal Procedure Act

Chapter 80

Laws of the Federation of Nigeria 1990

 

 

 

 

 

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.

 

 

 

 

Part 2

Arrest

 

 

Generally

 

3.

Arrest, how made.

4.

No unnecessary restraint.

5.

Notification of cause of arrest.

6.

Search of arrested persons.

7.

Search of place entered by person sought to be arrested.

8.

Power to break out of any house for purpose of liberation.

9.

Arrested persons to be taken at once to police station.

 

 

 

 

 

 

Arrest without Warrant and Procedure Thereon

 

10.

Arrest by police officer without warrant.

11.

Refusal to give name and residence.

12.

Arrest by private persons.

13.

Arrest by owners of property.

14.

Disposal of person arrested by private person.

16.

Arrest by magistrate.

 

 

Bail on Arrest without

 

17.

Release on bail of a person arrested without warrant.

18.

Power to release on bail before charge is accepted.

19.

Discharge of person for want of evidence.

20.

Police to report apprehensions.

 

 

 

 

Warrants of Arrest

General Authority to Issue

 

21.

General authority to issue warrant.

 

 

 

 

 

 

Warrants, in General

 

22.

Form and requisites of warrant of arrest.

23.

Warrant issued on complaint only if on oath.

24.

Warrant may issue on any day.

25.

Warrants, to whom directed, and duration.

26.

Omitted as inapplicable as it relates to warrants directed to local government police force which has been abolished.

27.

Warrant of arrest may in exceptional cases be directed to other persons.

 

 

Execution of, in General

 

28.

Execution of warrant and procedure thereon.

29.

Power to arrest on warrant but without the warrant.

 

 

 

 

Bail by Order of Court on Execution of Warrant of Arrest

 

30.

Court may direct particulars of security to be taken on execution of warrant.

 

 

 

 

 

 

Execution of Warrant out of Division or District in which issued

 

31.

Procedure on arrest of persons outside division or district of court issuing warrant.

 

 

 

 

 

 

 

Part 3

Escape and Retaking

 

32.

Recapture of person escaping.

33.

Provisions of sections 7 and 8 to apply to arrests under section 32.

34.

Assistance to judge, magistrate or police officer.

 

 

 

Part 4

Prevention of Offences

 

Security for keeping the Peace and for Good Behaviour

 

 

35.

Power of magistrate to require execution of recognisance for keeping the peace.

36.

Security for good behaviour for suspected persons.

37.

Security for good behaviour for habitual offenders.

38.

Order to be made.

39.

Procedure in respect of person present in court.

40.

Summons or warrant in case of person not so present.

41.

Copy of order under section 38 to accompany summons or warrant.

42.

Power to dispense with personal attendance.

43.

Inquiry as to truth of information.

44.

Order to give security.

45.

Discharge of person informed against.

 

 

 

 

Proceedings in all Cases Subsequent to Order to Furnish Security

 

46.

Commencement of period for which security is required.

47.

Conditions of recognisance.

48.

Power to reject sureties.

49.

Procedure on failure of person to give security.

50.

Power to release persons imprisoned for failure to give security.

51.

Power of High Court to cancel recognisance.

52.

Discharge of sureties.

 

 

 

 

 

 

Part 5

Preventive Action of the Police

 

53.

Police to prevent offences and prevent injury to public property.

54.

Information of design to commit such offences.

55.

Arrest to prevent such offences.

 

 

 

Chapter 2.

Provisions Relating in General to all Criminal Trials and Inquiries

 

 

 

Part 6

Application and General

 

56.

Application of Chapter 2.

57.

General authority to bring persons before courts.

 

 

 

 

 

Part 7

 

58.

Deleted by 1967 No. 5.

 

 

 

 

 

 

Part 8

The Complainant, Form of Complaint and Time within which the Complaint must be made

 

 

59.

Right of making complaint.

60.

Form and requisites of complaint.

61.

Form of documents in criminal proceedings.

62.

Rule as to statement of exception.

63.

Limitation of period for making a private complaint.

 

 

 

 

 

Part 9

Place of Trial or Inquiry

 

 

Venue

 

64.

Venue.

64A.

Offences against Federal laws.

65.

Judge to decide in case of doubt of venue.

66.

Chief Judge may change venue by order.

 

 

 

 

 

 

Remitting Magistrates

 

67.

Accused person to be remitted in certain cases to another magistrate.

68.

Removal under warrant.

69.

Transfer of case where cause of complaint has arisen out of district of court.

 

 

Assumption of Jurisdiction

 

70.

Courts may assume jurisdiction under certain conditions.

71.

Assumption of jurisdiction after commencement of proceedings.

 

 

 

 

 

Part 10

State Procedure

 

 

Powers of the Attorney-General

 

72.

Informations by the Attorney-General.

 

 

 

 

 

 

Control of State in Criminal Proceedings

 

73.

Nolle prosequi in criminal cases.

74.

Nolle prosequi in committal cases.

75.

 

76.

Deleted by Legal Notice 65 of 1958.

76A.

Inserted by Legal Notice 47 of 1955 and deleted by Legal Notice 65 of 1958.

 

 

 

 

 

Part 11

Proceedings in General

 

 

Institution of Proceedings

 

 

77.

Different methods of instituting criminal proceedings.

78.

Particulars of instituting criminal proceedings in magistrates' courts.

79.

Compelling appearance of an accused person.

80.

Summons and warrant.

81.

Making of complaint and issue of process thereon.

82.

Issue and service on any day.

 

 

 

Enforcing Appearance of Defendant

Issue of Summons

 

 

83.

Issue of summons and contents thereof.

84.

Hearing by consent before return date of summons.

85.

Summons with immediate return date in special circumstances.

86.

Discretion in ex parte applications.

 

 

 

 

 

 

Form and Service of Summons

 

87.

Summons to be in duplicate

88.

Service of summons.

89.

Normal methods of effecting service.

90.

Service where person summoned cannot be found.

91.

Service on Government servant.

92.

Service outside local division or district.

93.

Proof of service when serving officer not present. 94. Receipt of service of summons.

95.

Person refusing to give receipt may be apprehended.

 

 

 

 

Warrant Issued If Somebody Disobeyed

 

96.

Summons disobeyed, warrant may issue.

 

 

 

 

 

 

Issue of Warrant of Arrest on Complaint on Oath

 

97.

Issue of warrant for defendant in the first instance.

98.

Application of sections 22 to 31 to such warrant.

99.

Warrant may issue before or after return date of summons.

 

 

Dispensing with Presence of Accused

 

100.

Power to dispense with personal attendance of accused in certain cases.

 

 

 

 

 

 

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.

 

 

138.

Mitigation of forfeiture.

139.

Forfeiture on conviction.

140.

Where recognisance forfeited warrant may issue.

141.

Payment on recognisance.

142.

Appeal.

143.

Arrest on breach of recognisance for appearance.

 

 

Part 15

Bringing before Court of Person in Custody

 

144.

Power of court to order prisoner to be brought before it

 

 

 

 

 

 

Part 16

Forms in respect of Summonses, Warrants, Recognisance and other Similar Process

 

145.

Use of forms in First Schedule.

 

 

 

 

 

Part 17

Provisions relating to Property and Persons

 

 

Ownership of Property

 

 

146.

Methods of stating ownership of property.

 

 

 

 

 

 

Description of Persons

 

 

147.

Description of persons in criminal process.

 

 

 

 

 

 

 

Rights of Married Women in Respect of Separate Estate

 

 

148.

Remedies of married woman against her husband and others in respect of property.

149.

Husband and wife competent witnesses.

 

 

 

 

 

Part 18

The Charge

 

Form of, and Joinder of offences and Persons

 

 

150.

Form of charges in Second Schedule to be used and adapted.

151.

Form of charge.

152.

Particulars in charge.

153.

Sense of words used in charge.

154.

Ownership or description of property.

155.

When persons may be charged jointly.

156.

Separate charges for distinct offences.

157.

Three offences within twelve months may be charged together.

158.

Trial for more than one offence.

159.

Offences falling within two definitions.

160.

Acts constituting one offence but constituting when combined a different offence.

161.

Where it is doubtful which offence has been committed.

 

 

Variation of Charge

 

 

162.

Procedure on imperfect charge.

163.

Court may alter charge.

164.

Procedure on alteration of charge.

165.

Recall of witnesses when charge altered.

166.

Effect of error.

167.

Objection to charge to be taken at plea.

168.

Objections cured by verdict.

 

 

 

 

 

Conviction of one of Several Offences and of Offences not Specifically Charged

 

 

169.

Full offence charged-attempt proved.

170.

Attempt charged-full offence proved.

171.

Liability as to further prosecution.

171A.

On charge of an offence conviction as accessory after the fact to that or connected offence may follow.

172.

Person tried for misdemeanour not to be acquitted if felony proved, unless court so direct.

173.

Conviction of kindred offences relating to property.

174.

Persons charged with burglary may be convicted of kindred offence.

175.

On charge of rape conviction under section 221 of Cap. 77 or of indecent assault may follow.

176.

On charge under section 221 of Cap. 77 conviction of indecent assault may follow.

177.

Where murder or infanticide is charged and concealment of birth is proved.

178.

Where murder is charged and infanticide proved.

179.

Where offence proved is included in offence charged.

 

 

Withdrawal of Remaining Charges

 

 

180.

Withdrawal of remaining charges on conviction on one of several charges.

 

 

 

 

 

 

Part 19

Previous Acquittals or Convictions

 

 

180A.

Interpretation.

181.

Person convicted or acquitted not to be tried again for same or kindred offence.

182.

May be tried again on separate charge in certain cases.

183.

Consequences supervening or not known at previous trial.

184.

Where court at first trial was not competent.

185.

Deleted by 1966 No. 84.

 

 

 

Part 20

Witnesses

 

Enforcing Attendance of Witnesses

 

186.

Issue of summons for witness.

187.

Service of summons on witness.

188.

Warrant for witness after summons.

189.

Issue of warrant for witness in first instance.

190.

Mode of dealing with witness arrested under warrant.

191.

Penalty on witnesses refusing to attend.

192.

Non-attendance of witness on adjourned hearing.

193.

Persons in court may be required to give evidence though not summoned.

 

 

 

 

Refractory Witnesses

 

194.

Witness refusing to be sworn, or produce documents.

 

 

 

 

 

 

Expenses of Witnesses

 

195.

Expenses of witnesses for the prosecution.

196.

Expenses of witnesses for accused.

197.

Adjournment may be granted subject to witnesses' costs.

198.

Ascertainment of witness's expenses.

 

 

 

 

 

 

Examination of Witnesses

 

199.

Application of the Evidence Act.

200.

Power to call or recall witnesses.

201.

Certificates of certain Government technical officers.

202.

Right of reply.

 

 

 

Part 21

Publicity and View

 

 

203.

Public to have access to hearing.

204.

Court may be cleared whilst child or young person is giving evidence in certain cases.

205.

Order under section 203 or 204 not to apply to press and certain others.

206.

Prohibition on children being present in court during the trial of other persons.

207.

View by court of locus.

 

 

 

 

 

Part 22

Determination of Age

 

 

208.

Presumption and determination of age.

209.

Age in relation to offences.

 

 

 

 

Part 23

Presence of Parties and Conduct of Trials

 

 

210.

Presence of accused at trial.

211.

Counsel for complainant and for defendant.

212.

(Deleted by L.N. 47 of 1955.)

213.