Constitution of Nigeria

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Law Reporting

1.

Short title.

2.

Interpretation.

3.

Arrest, how made.

4.

No unnecessary restraint.

5.

Notification of cause of arrest.

6.

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.

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.

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.

21.

General authority to issue warrant.

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.

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.

28.

Execution of warrant and procedure thereon.

29.

Power to arrest on warrant but without the warrant.

30.

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

31.

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

32.

33.

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

34.

Assistance to judge, magistrate or police officer.

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.

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.

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.

56.

Application of Chapter 2.

57.

General authority to bring persons before courts.

58.

Deleted by 1967 No. 5.

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.

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.

67.

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

68.

69.

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

70.

Courts may assume jurisdiction under certain conditions.

71.

Assumption of jurisdiction after commencement of proceedings.

72.

Informations by the Attorney-General.

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.

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.

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.

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.

96.

Summons disobeyed, warrant may issue.

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.

100.

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

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.

104.

105.

General addressee of process for issue and execution.

106.

Certain provisions applicable to all summonses and warrants in criminal matters.

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.

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.

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.

137.

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.

144.

Power of court to order prisoner to be brought before it

145.

Use of forms in First Schedule.

146.

Methods of stating ownership of property.

147.

Description of persons in criminal process.

148.

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

149.

Husband and wife competent witnesses.

150.

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

152.

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.

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.

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.

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.

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.

180.

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

180A.

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.

185.

186.

Issue of summons for witness.

187.

Service of summons on witness.

188.

Warrant for witness after summons.

189.

190.

Mode of dealing with witness arrested under warrant.

191.

Penalty on witnesses refusing to attend.

192.

193.

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

194.

Witness refusing to be sworn, or produce documents.

195.

196.

197.

Adjournment may be granted subject to witnesses' costs.

198.

Ascertainment of witness's expenses.

199.

200.

201.

Certificates of certain Government technical officers.

202.

Right of reply.

203.

204.

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

205.

206.

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

207.

208.

Presumption and determination of age.

209.

210.

211.

Counsel for complainant and for defendant.

212.

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

213.