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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.

General control of prosecution by the Attorney-General.

214.

Position in court of person summoned.

 

 

 

 

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.

 

 

 

 

 

 

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.

 

 

 

 

 

Part 27

Addresses

 

Opening of Case for the Prosecution

 

 

240.

Opening of case for the prosecution.

 

 

 

 

 

 

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.

 

 

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.

 

 

 

 

 

Warrant of Commitment

 

 

252.

Direct imprisonment.

253.

Authority for carrying out sentences not capital.

 

 

 

 

 

Defects in order or Warrant

 

 

254.

Error or omission not to affect legality of act.

 

 

 

 

 

 

 

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.

 

 

 

 

 

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.

 

 

 

 

 

Chapter 3

 

Part 32

Trials Generally

 

 

275.

Trials.

276.

Summary trial in High Court, limitation.

 

 

 

 

 

Chapter 4

 

Part 33

Summary Trial

 

Application

 

 

277.

Summary trials.

278.

Application of parts of this Act to processes under this Chapter.

 

 

 

 

 

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.

 

 

 

 

Making of Order

 

299.

Giving of decision upon conclusion of hearing.

 

 

 

 

 

 

Binding over

 

300.

Power to bind parties to be of good behaviour.

 

 

 

 

 

 

Dismissal and Acquittal

 

301.

Effect of judgment of dismissal "on merits", "not on merits" and "without prejudice".

 

 

 

 

 

 

 

Part 34

 

302.

Summary trial by magistrate of indictable cases.

303.

Whipping. In accordance with Part 42.

 

 

 

 

 

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.

 

 

 

 

 

 

 

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.

 

 

 

 

 

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.

 

 

 

 

 

 

 

Conditional binding over of Witnesses.

 

 

329.

Binding over of witnesses conditionally.

 

 

 

 

 

 

 

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.

 

 

 

 

 

Adjudication by Magistrate instead of Committal for Trial

 

332.

When court may adjudicate finally.

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

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. 

 

 

 

 

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.

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

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.

 

 

 

 

 

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.

 

 

 

 

 

 

 

Part 45

Deportation

 

 

402.

Meaning of "deported".

403.

Non-citizen may ask to leave Nigeria in lieu of deportation order.

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.

 

 

 

 

 

 

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.

 

 

 

 

 

 

Chapter 11

Miscellaneous

 

 

Part 50

Coroner's Warrant

 

 

459.

No committal for trial by coroner.

 

 

 

 

 

 

Appeals

 

460.

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

 

 

Fees

 

 

461.

Payment of fees.

462.

State not required to pay fees.

 

 

 

 

Forms

 

 

463.

Use of forms in First, Second and Third Schedules.

 

 

 

 

 

 

Rules of Court

 

 

464.

Power to make rules of court.

 

 

Forms and Procedure under Other Written Laws

 

 

465.

Saving as to other forms and procedure.

 

 

 

 

 

 

 

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.

 

 

 

 

 

Chapter 12

 

 

Part 52

Service and Execution throughout Nigeria of the Process of the Courts of the States

 

 

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.

 

 

 

 

 

Part 53

 

 

487.

Provisions for Directors of Public Prosecutions

488.

Inserted by L.N. 155 of 1960, deleted by L.N. 112 of 1964.

 

 

 

 

 

 

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 Nigeria 1990

 

 

 

 

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 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:

 

                Provided that if such person is not resident in Nigeria the recognisance shall be secured by a surety or sureties resident in Nigeria.

 

(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 Nigeria.

 

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

 

(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 England so far as the circumstances of the case and the practice and procedure of the High Court will admit.

 

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 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.

 

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 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.

 

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 warran