CHAPTER 1

PRELIMINARY PROVISIONS
1. Short title and commencement.
2. Purpose of the Law.
3. Savings.
4. Savings Existing Appointment.
5. Trial of offences under Penal Code.
6. Delegation of powers of the Attorney-General.

CHAPTER 2
CONSTITUTION AND POWERS OF CRIMINAL COURTS
7. Classes of the State Criminal Courts.
8. Power to divide the State into Districts.
9. Establishment and jurisdiction of Magistrate Courts in each District.
10. Presiding officer not to exceed powers.
11. Appointment of Magistrates.
12. Territorial jurisdiction of Magistrates.
13. Power of Chief Magistrate to direct a surbordinate Magistrate

CHAPTER 3
POWERS OF CRIMINAL COURTS
14. Offences under the Penal Code.
15. Offences under the Laws.
16. Jurisdiction of High Court.
17. Jurisdiction on Magistrate to pass sentence.
18. Power of the Chief Judge to increaser jurisdiction.
19. Combination of sentences.
20. Imprisonment in default to payment of fine.
21. Power to inflict fine in lieu of imprisonment.
22. Sentences in case of conviction of several offences at one trial.
23. Power to bind parties to be of good behaviour.

CHAPTER 4
ARREST AND PROCESS
24. Arrest generally.
25. How to make arrest.
26. No unnecessary restraint.
27. Notification of cause of arrest and rights of suspect.
28. Recording of arrest and Taking of the Statement of Suspect.

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29. Prohibition of in human treatment of an arrested person.
30. When police may arrest.
31. Police to be furnished with the particulars of the suspects.
32. When private person may arrest.
33. Arrest for offence committed in the presence of any person.
34. Resisting endeavour to arrest.
35. Power to seize offensive weapon.
36. Public bound to assist in arrest.
37. Search of place entered by person sought to be arrested.
38. Pursuit of offender into other jurisdiction.
39. Power to break out of any place for purpose of liberation.
40. Control of restraint.
41. Information on cause of arrest.
42. Procedure after arrest by private person.
43. Inventory of property of arrested person.
44. Person arrested to be taken before a Court.
45. Procedure when offender has refused to give his name and address.
46. Person arrested without warrant not to be detained more than twenty four
hours.
47. Monthly report of arrest by Police to Supervising Magistrate.
48. Search of arrested person.
49. Discharge of arrested person.
50. Register of arrest.

CHAPTER 5
PROCESSES TO COMPEL APPEARANCE
51. Power to issue summons.
52. Service of summons.
53. Manner of serving summons.
54. Service on Corporations.
55. Service on Local Governments.
56. Substituted service.
57. Inability of person served to sign or seal.
58. Service outside jurisdiction.
59. Proof of service.
60. Form of warrant of arrest.
61. Court may direct security to be taken.
62. Warrant to whom directed.
63. A direction of warrant.

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64. Notification of substance of warrant.
65. Power to arrest without warrant.
66. Person to be arrested to be brought before the Court without delay.
67. Execution of warrant.
68. Warrant forwarded for execution outside jurisdiction.
69. Procedure for arrest executed outside jurisdiction.
70. Procedure on arrest under warrant outside jurisdiction.
71. Public summons for person absconding.
72. Publishing of public summons.
73. Powers to arrest on warrant but without warrant.
74. Court may direct particulars of security on execution of warrant.
75. Execution of warrant of arrest.
76. Attachment of property of person absconding.
77. Restoration of attached property.
78. Issue of warrant in lieu or in addition to summons.
79. Powers to take bond of appearance.
80. Provisions of this chapter apply to summons and warrants.
81. Summons to produce documents or other things.
82. Issue of search warrant by Court.
83. Application and issue of search warrant.
84. Search for stolen property.
85. Search for persons wrongly confined.
86. Search to be made in presence of witnesses.
87. Search of woman’s quarters.
88. Occupant of place searched may attend.
89. Search of person found in place.
90. Mode of searching woman.
91. Execution of search warrant outside jurisdiction.
92. Provisions as to warrant of arrest to search warrant.
93. Impounding of document.
CHAPTER 6
PROCEDURE FOR DISPERSING UNLAWFUL ASSEMBLY AND RIOTS
94. Assembly to disperse on command.
95. Use of civil force to disperse on command.
96. Protection against acts done under this Law.

CHAPTER 7
PROCEDURE FOR REMOVAL OF CAUSE OF PUBLIC NUISANCE
97. Conditional order for removal of nuisance.

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98. Service of order.
99. Person to whom order is addressed to obey and appear before Court.
100. Consequences of failure to obey order to appear.
101. An application for an order to set aside.
102. Consequences of disobedience to order made absolute.
103. Order pending inquiry.
104. Prohibition of repetition of continuance of nuisance.

CHAPTER 8
PREVENTION OF ACTION BY POLICE AND PUBLIC
105. Prevention by Police and other public officers of offences to public
property.

CHAPTER 9
DUTY OF PUBLIC OFFICER AND DISTRICT HEADS TO GIVE
INFORMATION
106. Public to give information on certain offences.
107. District head to report certain matters.
108. Investigation by district head on receiving information.

CHAPTER 10
FIRST INFORMATION REPORT
109. Procedure for receiving complaint and first information report.
110. Case diary to be kept by the police.
111. Use of case diary.
112. Power to police to summon and examine.
113. No inducement to be offered.
114. Endorsement by a superior officer after confession.
115. Recording of confession in a case diary.
116. Medical examination of suspect.
117. Taking of finger print.
118. Remand of person in custody.
119. Procedure where police consider investigation be terminated without
inquiry or trial.
120. Procedure when police consider that a suspect be taken to Court.
121. Attendance of defendant and bond for attendance of witnesses.
122. Procedure where warrant is required for arrest.

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 CHAPTER 11
PLACE OF TRIAL
123. Ordinary place of trial.
124. Place of trial when scene of offence is uncertain.
125. Offence committed on a journey or offence commenced and completed
indifferent states.
126. Chief Judge to decide in case of doubt of court in which trial shall take
place.
127. Procedure in transfer of cases.
128. Power to try offence committed beyond local jurisdiction.

CHAPTER 12
PROCEDURE FOR THE INVITATION OF JUDICIAL PROCEEDINGS IN
CERTAIN CASES
129. Offences where Court shall take cognizance unless cogent or on complaint
of a public servant.
130. Cognizance of offence on complaint by person aggrieved.
131. Prosecution of adultery.

CHAPTER 13
INVITATION OF JUDICIAL PROCEEDINGS FOR COGNIZANCE OF
OFFENCES BY COURT
132. Ordinary place of trial.
133. Power of Court to inspect case diary.
134. Power of Court to reduce complaint in writing.
135. Transfer of cases by Court.
136. Application for directions of the Courts.
137. Inquiry of Court of complaint by person other than police officer.
138. Court may refuse to proceed.
139. Procedure by Court not competent to take cognizance of cases.
140. Inquiry or trial.
141. Defendant to be present in the conduct of his case.
142. Presence of accused at trial.

CHAPTER 14
SUMMERY TRIALS
143. Procedure in summary trial.
144. Substance of accusation to be stated.

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145. Conviction on admission of truth of accusation.
146. Evidence for prosecution.
147. Discharge of defendant.
148. Charge to be framed when offence appears to have been committed.
149. Plea.
150. Defence.
151. Process for compelling production of evidence at instance of the accused.
152. Procedure after finding.
153. Absence of complainant.
154. Frivolous or vexatious accusation.

CHAPTER 15
BAIL
155. When bail to be granted.
156. When bail may be taken in respect of unbailable offence.
157. Power of High Court to direct release on bail.
158. Power to arrest person released on bail.
159. Power of Court to order reduction of bond.
160. Bond of accused and sureties.
161. Discharge from custody.
162. Deposit instead of bond.
163. Bond required from a person less than eighteen years.
164. Amount of bond not to be excessive.
165. Reconsideration of bail.
166. Discharge of sureties.
167. Discharge of surety’s estate.
168. Order of the Court committing the defendant to prison.
169. Procedure for forfeiture of bond.
170. Arrest on breach of bond for appearance.

CHAPTER 16
PLEA BARGAIN
171. Plea Bargain Guidlines.

CHAPTER 17
CHARGES
172. Forms of charges.

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173. Contents of charge.
174 Particulars as to time, place and person.
175 Charge of Criminal breach of trust.
176. Charge of falsification of accounts.
177. Charge to contain particulars.
178. Effects of error.
179. Variation of charge.
180. Court may alter charge.
181. When Court may proceed with trial immediately after altering, adding to or
in framing charge.
182. When new trial may be directed or trial suspended.
183. Recall of witness when charge revised.
184. Separate charges for distinct offenders.
185. Offences of like character may be charged together.
186. Acts forming the same transaction.
187. Charge for alternative offences.
188. When it is doubtful on which occasion an offence has been committed.
189. When person charged with one offence may be convicted for another.
190. Conviction of lesser offence where greater offence is charged.
191. Conviction for attempt not separately charged.
192. Withdrawal of remaining charges on conviction on one of several charges.
193. When person may be charged jointly.
194. Effect of error in stating the offence or particulars of the offence.
195. Objection to a charge.
196. Effect of material error.
CHAPTER 18
TRIAL BY HIGH COURT
197. Initial of trial.
198. Filing of charge.
199. Representation by a legal practitioner in capital offence.
200. Commencement of trial.
201. Plea of not guilty or no plea.
202. Presentation of case by prosecution.
203. Procedure after conclusion of evidence for prosecution.
204. No case submission by the defence and reply by prosecution.
205. Defence.
206. Prosecutor’s right to reply.
207. Consideration of finding.
208. Announcement of finding.

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209. Procedure for finding guilty.
210. Sentence.
211. Recommendation for mercy.

CHAPTER 19
PREVIOUS ACQUITTALS OR CONVICTION
212. Person once convicted or acquitted not to be tried for same offence.
213. Previous acquittal or conviction when to be proved.
CHAPTER 20
GENERAL PROVISIONS AS TO INQUIRIES, TRIAL AND OTHER
JUDICIAL PROCEEDINGS
214. Courts to be open.
215. Right of appearance of legal practitioner.
216. Representation of the State Government, Departments and Local
Government.
217. General procedure in inquiries and trials by Magistrate Courts.
218. Oath.
219. Court direction on Oath.
220. Witness not compelled to take oath or affirmation
221. Swearing of Muslims.
222. Protection of witness.
223. Taking and recording of evidence.
224. Power to examine the defendant.
225. Evidence of defendant.
226. Powers to summon material witness or call persons present.
227. Evidence of person confined.
228. Admissibility of Previous Evidence.
229. Admissibility of statement by defendant.
230. Language not understood by defendant.
231. Interpreter bound to interpret truthfully.
232. Visit to locus inquo by court.
233. Determination of age.
234. Age in relation to offences.
235. Powers to take evidence of a person dangerously ill.
236. Commission to take evidence.
237. Examination of witness on commission.
238. Return of Commission.
239. Evidence taken abroad by interrogatories.
240. Deposition of medical witness.

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241. Report of Scientific expert.
242. Report under Sections 250 and 251 of this Law.
243. Record of evidence in absence of absconding defendant and Stay of
Proceedings by Attorney General.
244. No influence to be used to induce disclosure.
245. Power to postpone or adjourn proceeding.
246. Procedure of Court in cases it cannot dispose.
247. Procedure when Court cannot pass sentence sufficiently severe.
248. Conviction on other offences pending.
249. Joint trial may be stayed and defendants tried separately.
250. Reference on point of Law.
251. Procedure when accused does not understand proceedings.
252. Delivery of judgement when the Judge etc is unavoidably absent.
253. Constitution of Court.
254. Every member to give opinion.
255. Order of taking opinion.
CHAPTER 21
JUDGMENT
256. Language of mode of delivering judgment.
257. Contents of judgment.
258. Sentencing in the case of a child offender
259. Procedure when a woman convicted of capital offence alleged to be
pregnant.
260. Death Sentence.
261. Cases on which appeal lies.
262. Court not to alter judgment.
263. Copy of judgment to be given to the parties at no cost.
CHAPTER 22
SECURITY FOR KEEPING PEACE AND GOOD BEHAVIOUR ON
CONVICTION
264. Security on conviction.
265. Security in other cases.
266. Security for good behaviour from habitual offender.
267. Warrant for arrest if breach of peace is likely.
268. Content of summons or warrant under Sections 88, 89 and 90.
269. Inquiry as to the truth of information.
270. Evidence of general refutes.
271. Order to give security.
272. Discharge of persons informed against.

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273. Commencement of period for which security is required.
274. Content of bond.
275. Imprisonment in default of security.
276. Power to reject sureties.
277. Power to release person imprisoned.
278. Powers to cancel bond.

CHAPTER 23
APPEAL AND REVIEW
279. Appeal from Magistrate and Sharia Court.
280. Procedure on appeal.
281. Memorandum of grounds of appeal.
282. Grounds of appeal.
283. Giving security to prosecute appeal from a Magistrate Court.
284. Appeals from High Court.
285. Sentence to take effect pending appeal.
286. Appellate Court not to interfere with the judgement for technical error in
procedure.
287. Enforcing judgement.
288. Disqualification from sitting on appeal.
289. Abatement of appeals.
290. Reference to Court of appeal.
291. Effect of decision of the Court of appeal.
292. Stay of proceedings.

CHAPTER 24
EXECUTION
293. Convicted person.
294. High Court to report death sentence to Governor.
295. Recommendation of pardon or reprieve.
296. When death to be carried into effect.
297. Governor to inform High Court.
298. Order of execution of death sentence.
299. Copy of order to be sent to the Sheriff.
300. When woman sentenced to death is alleged to be pregnant.
301. Procedure for granting pardon.
302. Execution of sentence of imprisonment.
303. Warrant of levy of fine.

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304. Who may issue a warrant.
305. Powers of Court when offender is sentenced to fine only.
306. Execution of sentence of Haddi and lashing.
307. Execution of sentence of caning.
308. Stay of execution of sentence of caning.
309. Stay of execution of sentence of caning to allow time for appeal.
310. Execution of sentence on escaped convict.
311. Sentence of offender already sentence for another offence.
312. Return of warrant on execution of sentence.

CHAPTER 25
SPECIAL PROCEEDINGS IN CERTAIN OFFENCES AFFECTING
ADMINISTRATION OF JUSTICE
313. Procedure in cases mentioned in Section 129.
314. Procedure in certain cases mentioned in contempt.
315. Record of certain cases of contempt.
316. Discharge of offender on submission of apology.
317. Imprisonment or commitment to officer’s custody of person refusing to
answer or produce document.
318. Appeals from convictions in contempt cases.

CHAPTER 26
PERSON OF UNSOUND MIND
319. Procedure when defendant is suspected to be of unsound mind.
320. Certificate of medical officer.
321. Release of persons of unsound mind pending investigation or trial.
322. Resumption of inquiry or trial.
323. Resumption of proceedings under Section 322.
324. Judgment of acquittal on ground of mental disorder.
325. Safe custody of person acquitted.
326. Observation of prisoners of unsound mind.
327. Procedure where a person of unsound mind reported fit for discharge.
328. Transfer from one place of custody to another.
329. Delivery of person of unsound mind to care of relatives.

CHAPTER 27
PROCEEDINGS RELATING TO CORPORATIONS
330. Definition of chapter XXVI.

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331. Plea by corporation.
332. Committal of corporation for trial.
333. Powers of representative.
334. Matters to be read or explained to representative.
335. Nonappearance of representative.
336. Savings.

CHAPTER 28
COMPOUNDING OF OFFENCES
337. Compounding of offences Appendix C.

CHAPTER 29
CUSTODY, DISPOSAL AND RESTORATION OF PROPERTY
338. Definition
339. Order for custody and disposal of property pending trial.
340. Order for disposal of property after trial.
341. Payment to the innocent purchaser of money found on defendant.
342. Destruction of defamatory and other matter.
343. Power to restore possession of immovable property.
344. Procedure upon seizure of property taken under Section 48 or stolen.
345. Procedure where owner of property seized is unknown.
346. Power to sell perishable property.
347. General power of awarding imprisonment in default of payment of penalty.
348. Imprisonment in default of fine.
349. Consideration for imposition of fine.

CHAPTER 30
MISCELLANEOUS
350. Expenses of complaints and witness.
351. Power of Court to order payment of expenses or compensation in addition
to a fine.
352. Payments to be taken into consideration in subsequent suit.
353. Money ordered to be paid recoverable fines.
354. Copies of proceedings.
355. Power of police to seize property suspected to be stolen.
356. Power of superior police officers.
357. Compensation to persons erroneously arrested.
358. Savings as to other forms and procedure.
359. Power to make rules.

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360. Case in which member of Court is personally interested.
361. Proceeding by or against officer of the Court.
362. Public servant concerned in sales not to purchase or bid for property.
363. Protection of judicial officers.

CHAPTER 31
IRREGULAR PROCEEDINGS
364. Irregularities which do not vitiate proceedings.
365. Irregularities which vitiate proceedings.
366. Effect of omission to prepare charge.
367. Finding or sentence when reversible by reason of error or omission in
charge or other proceedings.
368. Proceedings valid not withstanding death or vacation of office of person
issuing.
369. Errors and omission in orders and warrants.

CHAPTER 32
THE ADMINISTRATION OF CRIMINAL JUSTICE MONITORING
COMMITTEE
370. Establishment of the Administration of Criminal Justice Monitoring
Committee.
371. Functions of the Committee.
372. Secretariat of the Committee.
373. Fund of the Committee.
374. Annual Estimates and Accounts.
375. Annual Reports.
376. Power to obtain information.
377. Proceedings and quorum of the Committee.

CHAPTER 33
INTERPRETATION
378. Interpretation.

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 A Law to establish Administration of
Criminal Justice and for connected matters

Katsina State of Nigeria

Law No. …..2021

( ) Date of
Commencement

CHAPTER 1
PRELIMINARY PROVISIONS

BE IT ENACTED by the House of Assembly of Katsina State Enactment

of Nigeria as follows

1. This Law may be cited as the Katsina State Short title and
Commencement
Administration of Criminal Justice Law and shall come into
operation on the ………………day of ………………….…, 2021.

2.(1) The purpose of this Law is to ensure that the system Purpose of the
Law
of administration of criminal justice in Katsina State promotes
efficient management of criminal justice institutions, speedy
dispensation of justice, protection of the society from crime and
protection of the rights and interests of the suspect, the
defendant and the victim.
(2) The Courts, Law enforcement Agencies and other
authorities or persons involved in criminal justice administration
in Katsina State shall ensure compliance with the provisions of
this Law for the realization of its purposes.
3. All proceedings instituted, commenced or taken in Savings
accordance with the provisions of the Criminal Procedure Code
Law or any other written Law in respect of any criminal cause or
matter pending at the date of the coming into force of this Law
shall be valid and effective and shall be continued in accordance
with the provisions of this Law or such other written Laws.
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 4. Nothing in this Law shall affect the status, Saving existing
Appointment
appointment or tenure of office of:
(a) any Magistrate appointed as such within the
State before the commencement of this Law,
and such Magistrate shall be deemed to have
been appointed as such under this Law and
shall exercise his duties in the Magistrates’
Courts established under this Law in the
district in which he was serving before the
commencement of this Law, and shall
thereafter be subjected to the provisions of
this Law;
(b) any officer performing duties in connection
with a Court, constituted under any written
Law before the commencement of this Law,
and such officer shall be deemed to have been
appointed as such under this Law and shall
thereafter be subject to the provisions of this
Law.
5.(1) All offences under the Penal Code shall be inves- Trial of offences
under Penal Code
tigated, inquired into and otherwise dealt with according to the
provisions contained in this Law.
(2) All offences against any other Law shall be
investigated, inquired into, tried and otherwise dealt with
according to the same provisions, but subject to any Law for the
time being in force regulating the manner or place of
investigating, inquiring into, trying or otherwise dealing with such
offences.
6. The Powers of the Attorney-General under this Law Delegation of
powers of the
may be exercised by him in person or through the State Counsel Attorney-General
in his chambers acting under and in accordance with his general
or special instructions.

15
 CHAPTER 2
THE CONSTITUTION AND POWERS OF CRIMINAL COURTS
7. There shall be nine classes of Criminal Courts in the Classes of the
State Criminal
State namely: Courts
(1) the High Court;
(2) Courts of Chief Magistrates of the first grade;
(3) Courts of Chief Magistrates of the second grade;
(4) Courts of Senior Magistrates of the first grade;
(5) Courts of Senior Magistrates of the second grade;
(6) Courts of Magistrates of the first grade;
(7) Courts of Magistrates of the second grade;
(8) Courts of Magistrates of the third grade;
(9) Sharia Courts deemed to have been established in the
State under any Law.
8. The Chief Judge may: Power to divide
the State into
(a) divide the State, or any portion thereof, into Districts
magisterial districts for the purposes of
establishing Magistrates’ Court;

(b) constitute in any part of the State a

magisterial district for the purpose of
establishing a Magistrate Court;
(c) distinguish such magisterial districts by such
names or numbers as he may think proper;
and
(d) vary the limits of any such magisterial
districts.
9.(1) In each magisterial district there shall be and there is Establishment
and jurisdiction of
hereby established a Court, to be called the Magistrate’s Court. Magistrate Courts
in each district

(2) A Magistrate Court shall have such jurisdiction as is

conferred upon it by this Law or any other written Law subject
nevertheless to the limitations imposed by the Constitution.

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 10.(1) Subject to the provisons of this Law: Presiding officer
not to exceed
(a) the magistrate of each magisterial district powers
shall be the presiding Magistrate of the Court
of such district where he shall have and
exercise all the jurisdiction and powers
conferred upon him by his appointment; and
(b) no Magistrate either as presiding officer or
otherwise shall exercise any jurisdiction or
powers in excess of those conferred upon
him by his appointment.
(2) When the Chief Judge assigns two or more
Magistrates to any magisterial district, each Magistrate shall be a
presiding officer of the Court of such district, and each sitting
separately shall have and exercise all the jurisdiction and powers
conferred upon him by his appointment.

Appointment of
11.(1) Magistrates shall be Chief Magistrates of the first and Magistrates
second grades, senior magistrates of the first and second grades
and magistrates of the first, second and third grades.
(2) The Judicial Service Commission may appoint any
legal practitioner to the office of a Magistrate.
(3) The appointment of Magistrates shall be made
in compliance with the provisions of any Law made by the House
of Assembly.

Territorial
12. Every Magistrate shall have jurisdiction throughout jurisdiction of
the State unless his appointment is specifically limited to the area Magistrates
of any magisterial district, or group of magisterial districts.

Power of Chief
13. Notwithstanding the provisions of Section 12 of this Magistrate to
Law, a Chief Magistrate who is assigned to a group of magisterial direct a
districts may direct a Magistrate in one district within the group to surbordinate
assist another Magistrate within the group and may direct to the Magistrate
best advantage the movements of any additional Magistrate
within the group.

17
 CHAPTER 3
THE POWERS OF CRIMINAL COURTS
14.(1) Subject to other provisions of this Law, any offence Offences under
the Penal Code
under the Penal Code may be tried by any Court by which such
offence is shown in the sixth column of Appendix A to be tried by
any Court other than Sharia Court with greater powers.
(2) Any offence under the Penal Code, other than
Sections 56(b), 59(1), 59(2), 79, 80, 81, 82, 83, 84, 85, 86, 87,
88, 89, 90, 243, 253, 254, 255, 277, 278, 280, 281, 287, 331,
334, 339, 340, 341, 342, 343, 344, 345, 346, 347 and 366, may
be tried by any Court by which such offence is shown in the
seventh column of Appendix A to be triable or by any other Court
with greater powers.
(3) Subject to the provisions of Sub-Section (2) of this
section, the jurisdiction of establishing the Courts shall be
governed by the provisions of the Law.

15.(1) Any offence under any Law other than Penal Code Offences under
Other Laws
may be tried by any Court given jurisdiction in that behalf in that
Law or by any Court with greater powers.
(2) When no Court is so mentioned such offence may
be tried by the High Court or any Court constituted under this
Law.
Provided that in trying any such offence:
(a) a Chief Magistrate of the first grade shall not try
an offence punishable with imprisonment for a
term which may exceed Fourteen (14) years or
with fine exceeding Seven Hundred Thousand
Naira (N700,000);
(b) a Chief Magistrate of the second grade shall not
try an offence punishable with imprisonment for a
term which may exceed Twelve (12) years or
with a fine not exceeding Six Hundred Thousand
Naira (N600,000);

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 (c) a Senior Magistrate of the first grade shall not try
an offence punishable with imprisonment for a
term which may exceed Ten (10) years or with a
fine not exceeding Five Hundred Thousand Naira
(N500,000);
(d) a Senior Magistrate of the second grade shall not
try an offence punishable with imprisonment for a
term which may exceed Eight (8) years or with a
fine not exceeding Four Hundred Thousand Naira
(N400,000);
(e) a Magistrate of the first grade shall not try an
offence punishable with imprisonment for a term
which may exceed Five (5) years or with fine not
exceeding Two Hundred Thousand Naira
(N200,000);
(f) a Magistrate of the second grade shall not try an
offence punishable with imprisonment for a term
which may exceed Three (3) years or with fine
not exceeding One Hundred Thousand Naira
(N100,000);
(g) a Magistrate of the third grade shall not try an
offence punishable with imprisonment for a term
that may exceed Eighteen months or with fine
not exceeding Seventy Five Thousand Naira
(N75,000).

16. The High Court may pass any sentence authorized by Jurisdiction of
High Court
this Law.

17.(1) A Chief Magistrate of the first grade may pass the Jurisdiction on
Magistrate to
following sentences: pass sentence
(a) imprisonment for a term not exceeding
Fourteen (14) years;
(b) fine not exceeding Seven Hundred Thou-
sand Naira (N700,000);
(c) caning; and
(d) detention under Section 34 of the Penal
Code.

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 (2) A Chief Magistrate of the second grade, may pass the
following sentences:
(a) imprisonment for a term not exceeding
Twelve (12) years;

(b) fine not exceeding Six Hundred Thou-

sand Naira (N600,000);
(c) caning; and
(d) detention under Section 34 of the Penal
Code.
(3) A Senior Magistrate of the first grade may pass the
following sentences:
(a) imprisonment for a term not exceeding
Ten (10) years;
(b) fine not exceeding Five Hundred
Thousand Naira (N500,000);
(c) caning; and
(d) detention under Section 34 of the Penal
Code.
(4) A Senior Magistrate of the second grade may pass the
following sentences:
(a) imprisonment for a term not exceeding
Eight (8) years;
(b) fine not exceedingn Four Hundred Thou-
sand Naira (N400,000);
(c) caning; and
(d) detention under Section 34 of the Penal
Code.
(5) A Magistrate of the first grade may pass the following
sentences:
(a) imprisonment for a term not exceeding
Five (5) years;
(b) fine not exceeding Two Hundred
Thousand Naira (N200,000);
(c) caning; and
(d) detention under Section 34 of the Penal
Code.

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 (6) A Magistrate of the second grade may pass the
following sentences:
(a) imprisonment for a term not exceeding
Three (3) years;
(b) fine not exceeding One Hundred
Thousand Naira (N100,000);
(c) caning; and
(d) detention under Section 34 of the Penal
Code.
(7) A Magistrate of the third grade may pass the following
sentences:
(a) imprisonment for a term not exceeding
Eighteen (18) months;
(b) fine not exceeding Seventy Five
Thousand Naira (N75,000);
(c) caning; and
(d) detention under Section 34 of the Penal
Code.
18. The Chief Judge may increase the jurisdiction in Power of the
Chief Judge to
criminal matters of any magistrate to such extent as he may increase juris-
specify and the increase of jurisdiction may at any time be diction
revoked by him.

Combination of
19. Any Court may pass any Lawful sentence combining Sentences
any type of sentences which it is authorized by this Law to pass.

Imprisonment in
20. Any Court may award any term of imprisonment in default of
default of payment of a fine which is authorized by Section 37 of payment of fine
the Penal Code.
Provided that the term of imprisonment shall not be in
excess of the powers of the Court under Section 17 of this Law.
21.(1) Where a Court has authority under any written Law Power to inflict
fine in lieu of
to impose imprisonment for any offence and has no specific imprisonment
authority to impose a fine for that offence, the Court may in its
discretion impose a fine in lieu of imprisonment

21
 (2) The amount of the fine shall not be in excess of the
power of the Court to impose fines under Section 17 of this Law.
(3) No terms of imprisonment imposed in default of
payment of such fine shall exceed the maximum fixed in relation
to the amount of the fine by Section 37 of the Penal Code.

(4) A term of imprisonment imposed in default of

payment of fine shall not exceed the maximum term authorized
as punishment for the offence by the written Law.

(5) The provisions of this Section shall not apply in any

case where a written Law provides a minimum period of
imprisonment to be imposed for the commission of an offence.

Sentences in case
22.(1) When a person is convicted at one trial for two or of conviction of
more distinct offences, the Court may, subject to the provisions several offences
of Section 39 of the Penal Code, sentence him for such offences at one trial
to the several punishments prescribed which such Court is
competent to inflict when consisting of imprisonment to
commence one after the expiration of the other in such order as
the Court may direct, unless the Court directs that such
punishment shall run concurrently.

(2) In cases falling under this Section, a Court shall not

be limited by the provisions of Section 17 of this Law, but a Court
shall not impose consecutive sentences exceeding in the
aggregate twice the amount of punishment which it is in the
exercise of its ordinary jurisdiction competent to inflict.

Power to bind
23. A Court may, whether the defendant is discharged or parties to be of
not, bind over the complainant or defendant, or both, with or good behavior
without sureties, to be of good behavior and may order any
person so bound, in default of compliance with the order, to be
imprisoned for a term not exceeding three months in addition to
any other punishment to which that person is liable.

22
 CHAPTER 4
ARREST AND PROCESS
24.(1) A suspect or defendant alleged or charged with Arrest generally
committing an offence established by a Law shall be arrested,
investigated, inquired into, tried or dealt with according to the
provisions of this Law, except otherwise provided under this Law.
(2) A person shall not be arrested in place of a suspect.

25. In making an arrest, the Police officer or other How to make

arrest
persons making the arrest shall actually touch or confine the
body of the suspect, unless there is submission to the custody by
word or action.
26. A Suspect or defendant may not be handcuffed, bound No unnecessary
restraint
or be subjected to restraint except:
(a) there is reasonable apprehension of vio-
lence or an attempt to escape;
(b) the restraint is considered necessary for
the safety of the suspect or defendant;or
(c) by order of a Court.
27.(1) Except when the suspect is in the actual course of Notification of
cause of arrest
the commission of an offence or is pursued immediately after the and rights of
commission of an offence or has escaped from lawful custody, suspect
the Police officer or other persons making the arrest shall inform
the suspect immediately of the reason for the arrest.

(2) The Police officer or the person making the arrest or

the Police officer in charge of a Police station shall inform the
suspect of his rights to:
(a) remain silent or avoid answering any
question until after consultation with a
legal practitioner or any other person of
his own choice;
(b) consult a legal practitioner of his choice
before making, endorsing or writing any
statement or answering any question put
to him after arrest; and

23
 (c) free legal representation by the Legal Aid
Council of Nigeria where applicable.

Provided that the authority having custody of the suspect

shall have the responsibility of notifying the next of kin or relative
of the suspect of the arrest at no cost to the suspect.

28. (1) Where a suspect is arrested with or without a Recording of

Arrest and Taking
warrant, and taken to a police station or any other agency of Statement of
effecting the arrest, the police officer making the arrest or the Suspect.
officer in charge shall cause to be taken immediately, in the
prescribed form, the following record of the suspect arrested:
(a) the alleged offence;
(b) the date and circumstances of his arrest;
(c) his full name, occupation, residential
address and telephone number; and
(d) for the purpose of identification:
(i) his height
(ii) his photograph;
(iii) his full fingerprint impression; or
(iv) such other means of his identi-
fication.
(2) The process of recording in Sub-Section (1) of this
Section shall be concluded within a reasonable time of the arrest
of the suspect, but not exceeding 48 hours.
(3) Any further action in respect of the suspect arrested
pursuant to Sub-Section (1) of this Section shall be entered in the
record of arrest.
(4) Where a suspect who is arrested with or without a
warrant volunteers to make a confessional statement, the police
officer shall ensure that the making and taking of the statement
shall be in writing and may be recorded electronically on a
retrievable video compact disc or such other audio-visual means.
(5) Notwithstanding the provision of Sub-Section (4) of
this Section, an oral confession of arrested suspect shall be
admissible in evidence.
24
 29.(1) A suspect shall: Prohibition of
inhuman treat-
(a) be accorded humane treatment, having ment of an
regard to his right to the dignity of his arrested person
person; and
(b) not be subjected to any form of torture,
cruel, inhuman or degrading treatment.
(2) A suspect shall not be arrested merely on a civil
wrong or breach of contract.

(3) A suspect shall be brought before the Court as

prescribed by this Law or any other written Law or otherwise
released conditionally or unconditionally.
(4) The arraignment and trial of a suspect for a crime
shall be in accordance with the provisions of this Law unless
otherwise stated in this Law.
30. Any police officer may arrest: When police may
arrest
(a) any person who commits an offence in his
presence not withstanding any provision in
the third column of Appendix A that an
arrest may not be made without a warrant;
(b) any person for whose arrest a warrant has
been issued or whom he is directed to
arrest by a superior Court or superior police
officer;
(c) any person who has been suspected of an
offence for which is in accordance with the
third column of Appendix A or under any
other Act or Law for the time being in force
in any part of Nigeria the police may arrest
without warrant, or against whom a
reasonable complaint has been made or
credible information has been received or
reasonable suspicion exists of his having
been so suspected;
(d) any person whose discharge from prison
has been cancelled by a Judge of the High
Court for failure to furnish security;

25
(e) any person whom he reasonably suspects
to be designing to commit an offence for
which the police may arrest without a
warrant, if it appears to him that the
commission of the offence cannot be
otherwise prevented;
(f) any person required to appear by a public
summons published by any Court;
(g) any person found taking precautions to
conceal his presence in suspicious cir-
cumstances or who being found in
suspicious circumstances has no osten-
sible means of subsistence or cannot give
a satisfactory account of himself;
(h) any person in whose possession property
is found which may reasonably be
suspected to be stolen property or
property in respect of which an offence
has been committed under Section 79, 80,
82, 83, 84, 85, 86, 130 or 131 of the
Penal Code, or who may reasonably be
suspected of having committed an offence
with reference to such property;
(i) any person who obstructs a police officer
while in the execution of his duty;
(j) any person who has escaped or attempts
to escape from lawful custody;
(k) any person reasonably suspected of being
a deserter from any military force for the
time being serving in Nigeria;
(l) any person who in his presence has
committed or been accused of com-
mitting any offence for which the police
may not, according to the third column of
Appendix A arrest without a warrant if, on
his demand, such person refuses to give
his name and address or gives a name
and address which he believes to be false;

26
 31. Any Police officer may require any person whom he Police to be
furnished with the
has reasonable grounds for suspecting to have committed an particulars of the
offence of any kind to furnish him with his name and address, suspect.
and he may require any such person to accompany him to the
police station.
32. Any private person may arrest: When private
person may
(a) any person for whose arrest he has a arrest
warrant or whom he is directed to arrest
by a Court or a superior police officer;
(b) any person who has escaped from lawful
custody;
(c) any person required to appear by a public
summons published by a Court;
33. A superior police officer may at any time arrest or Arrest for offence
committed in the
direct the arrest in his presence of any person for whose arrest a presence of any
warrant might lawfully be issued. person

34. If a person liable to be arrested resists the endeavour Resisting endea-

vour to arrest
to arrest him or attempts to evade the arrest, the person
authorized to arrest him may use all means necessary to effect
the arrest.
35. The person making an arrest may take from the Power to seize
offensive wea-
person arrested any offensive weapon which he has about his pons
person and shall deliver all weapons so taken to the Court or
officer before whom the person arrested is required by the
warrant of arrest or by this Law to be produced.
36. Every person is bound to assist a police when public Public bound to
assist in arrest
officer or other person reasonably demand his aid in arresting or
preventing the escape of any person whom such police officer or
other person is authorised to arrest
37.(1) If anyone who is authorised to arrest any person has Search of place
entered by
reason to believe that such person has entered into or is within person sought to
any place, he may enter such place and search for the person to be arrested
be arrested.
(2) The person residing in or being in charge of such
place shall on demand allow free access into and afford all
reasonable facilities for search.
27
 (3) If on demand such access is refused, the person
authorised to make the arrest may effect an entry by force.
(4) The provisions of this Section shall be subject to the
provisions of any Law relating to searches in a woman’s quarters.
38. Any police authorised to effect the arrest of any Pursuit of
offender into
person may for the purpose of effecting the arrest pursue him other jurisdiction
into any part of Nigeria.
39. Any police officer or other person authorised to make Power to break
out of any place
an arrest may break out of any place in order to liberate himself for purpose of
or any other person who, having lawfully entered for the purpose liberation
of making an arrest, is detained therein.
40. An arrested person shall not be subjected to more Control of
restraint
restraint than is necessary to prevent his escape.
41. Except when the person arrested is in the actual Information on
cause of arrest
course of committing a crime, or is pursued immediately after
committing a crime or escaping from lawful custody, the person
making the arrest shall inform the person arrested of the cause of
arrest.

42.(1) Any person, except a police officer making an arrest Procedure after
arrest by private
without a warrant shall without unnecessary delay take the person
person arrested to the nearest police station or hand him over to
a police officer.

(2) Where the arrested person appears to be one whom

a police officer is authorised to arrest, the police officer shall re-
arrest him, otherwise the arrested person shall be at once
released.

43.(1) A police officer making an arrest or to whom a Inventory of

property of
private person hands over the suspect, shall immediately record arrested person
information about the arrested person and an inventory of all
items or property recovered from the suspect.

(2) An inventory recorded under Sub-Section (1) of this

Section shall be duly signed by the police officer and the arrested
suspect, but the failure of the arrested suspect to sign the
inventory shall not invalidate it.
28
 (3) The arrested suspect, his legal practitioner or such
other person, as the arrested suspect may direct, shall be given a
copy of the inventory.

(4) Where any property has been taken under this

Section from an arrested suspect, a police officer may, upon
request by either the owner of the property or parties having
interest in the property, release such property on bond pending
the arraignment of the arrested before a Court.

(5) Where a police officer refuses to release the property

to the owner or any person having interest in the property under
Sub-Section (4) of this Section, the police officer shall make a
report to the Court of the fact of the property taken from the
arrested suspect and the particulars of the property.

(6) The Court to which a report is made under Sub-

Section (5) of this Section, may, if it is of the opinion that the
property or any portion of it can be returned in the interest of
justice to the safe custody of the owner or person having interest
in the property, direct that the property or any portion of it be
returned to the owner or to such person having interest in the
property.

(7) Where any property has been taken from a suspect

under this Section, and the suspect is not charged before a Court
but is released on the ground that there is no sufficient reason to
believe that he has committed an offence, any property so taken
from the suspect shall be returned to him, provided the property
is neither connected to nor a proceed of offence.

44. A police officer making an arrest without warrant or Person arrested

to be taken
officer in charge of police station making arrest under Section 42 before a Court
of this Law shall without unnecessary delay take or send the
person arrested before a Court competent under Chapter 13 to
take cognizance of the case.

29
 45. Any person arrested for refusing to give his name and Procedure when
offender has
address or for giving a false name or address shall: refused to give
(a) where he is found to have given his true his name and
address
name and address, be released;
(b) when his true name and address are
ascertained, be released on his executing
a bond, with or without sureties, to
appear before a Court if and when
required;
(c) should his true name and address not be
ascertained within twenty-four hours from
the time of arrest or should he fail to
execute the bond or, if so required, to
furnish sufficient sureties, be forthwith
brought before the nearest Court
competent under Chapter 13 to take
cognizance of the case.
46. A police officer shall not detain in custody a person Person arrested
without warrant
arrested without warrant for a period longer than in the not to be
circumstances reasonable and such period shall not, in the detained more
absence of an order of a Court under Section 118 of this Law, than twenty-four
exceed twenty-four hours exclusive of the time necessary for the hours
journey from the place of arrest to the Court and of any
intervening public holiday.

47.(1) An officer in charge of a police station or an official Monthly report of

the arrest by
in charge of an agency authorised to make arrest shall on the last Police to
working day of every month report to the nearest Magistrate the Supervising
cases of all suspects arrested without warrant within the limits of Magistrate.
their respective stations or agency whether the suspects have
been admitted to bail or not.
(2) The report shall contain the particulars of the
suspects arrested as prescribed in Section 28 of this Law.
(3) The Magistrate shall on reciept of the reports,
forward them to the Administration of Criminal Justice Monitering
Committee which shall analyse the report and take appropriate
action on it.

30
 48.(1) A police officer making the arrest or whom the Search of arres-
ted person
private person hands over a suspect may search the suspect
using such force as may be reasonably necessary.

(2) A police officer searching a person shall place in safe

custody such articles, other than necessary wearing apparel,
make a list of the same, and shall permit the arrested person to
retain all articles not so placed in safe custody.

(3) Where the arrested person is a woman, the search

shall not be made except by a woman.

49. No person who has been arrested by a police officer Discharge of

arrested person
or re-arrested under Section 42 of this Law shall be discharged
except on his own bond or on bail or under the special order of a
Court.

50.(1) A register of arrest shall be kept in the prescribed Register of arrest

format at every police station and every arrest made within the
local limits of the station shall be entered therein by the officer in
charge of the police station so soon as the arrested person is
brought to the station.
(2) The State Police Command shall ensure that the
decisions of the Court in all criminal trials are transmitted to the
Central Criminal Registry and the office of the Attorney-General
within 30 days of the judgment.

CHAPTER V
PROCESSES TO COMPEL APPEARANCE
51.(1) A summons to appear or attend before a Court may Power to issue
Summons
be issued by any Court competent to inquire into an offence.
(2) Every summons so issued shall be in writing, in
duplicate and signed or sealed by the Court.
52. The summons shall be served by a police officer or by Service of
Summons
any officer of the Court issuing it or other public servant who,
under any Law for the time being in force, may be authorised to
serve summons.

31
 53.(1) The summons shall if practicable be served Manner of serving
summons
personally on the person summoned by delivering or tendering to
him one of the duplicates of the summons.
(2) The person served shall, if so required by the serving
officer, sign or make his mark on the back of the other duplicate.
(3) Where the service cannot be effected personally, E-
service may be effected. E-service means “a service effected by
electronic means in particular through computer or other
electronic devices as provided under the Evidence Act”.
54. Service of a summons on an incorporated Company or Service on Corpo-
ration
other body Corporate may be effected by service on the
Secretary, local Manager or other principal officer of the
Corporation at any office of the Corporation in the State.
55. Service of a summons on a Local Government, shall Service on Local
Government
be effected in accordance with the provisions of the Local
Government Law.
56. Where service in the manner provided by this Law Substituted
service
cannot, by the exercise of due dilligence, be effected, the serving
officer may, with the 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 or works, and on doing so the summons shall be deemed
to have been duly served.
57. Where the person on or with whom a summons is Inability of person
served to sign or
served or left is unable to sign his name or make his mark, the seal
summons shall be served or left in the presence of a witness in
addition to filing an affidavit of service.
58. A summons required to be served outside the local Service outside
Jurisdiction
limits of the jurisdiction of the Court issuing it shall be sent in
duplicate to a Court within the local limits of whose jurisdiction
the person summoned resides or is, to be there served.

32
 59. An affidavit or declaration purporting to be made Proof of service
before a Court by the serving officer or by a witness to the
service that a summons has been served and a duplicate of the
summons purporting to be endorsed, in a manner provided by
Section 53 or Section 56 of this Law, by the person to whom it
was delivered or tendered or with whom it was left shall be
admissible in evidence and the statements made in it shall be
deemed to be correct unless and until the contrary is proved.

60.(1) Every warrant of arrest issued under this Law by a Form of warrant
of arrest
Court shall be in writing, signed or sealed by the Court.

(2) Every such warrant shall remain in force until it is

cancelled by the Court issuing it or until it is executed.

61.(1) A Court issuing a warrant for the arrest of any Court may direct
security to be
person shall have discretion to direct by endorsement on the taken
warrant that, if such person executes a bond with sufficient
sureties for his attendance before the Court at a specified time
and thereafter until otherwise directed, the person to whom the
warrant is directed shall, on receiving security, release such
person from custody.

(2) The endorsement referred to in Sub-Section (1) of

this Section shall state:
(a) the number of sureties;

(b) the amount in which the sureties and the

person for whose arrest the warrant is
issued are to be respectively bound; and

(c) the time and place at which the person

for whose arrest the warrant is issued is
to attend.

(3) Whenever security is taken under this Section, the

person to whom the warrant is directed shall forward the bond
to the appropriate Court.

33
 62.(1) A warrant of arrest shall be directed to one or more Warrant to whom
directed
police officers or other public servants who may be authorised to
make an arrest, but the Court issuing the warrant may, if its
immediate execution is necessary and no police officer or other
public servant so authorised is immediately available, direct it to
any other person or persons.

(2) When a warrant is directed to more persons than one,

it may be executed by all or by anyone or more of them.

63. A warrant of arrest directed to a police officer may Redirection of

Warrant
also be, executed by any other police officer whose name is
endorsed upon the warrant by the police officer to whom it is
directed or endorsed.

64. The person executing a warrant of arrest shall notify Notification of

substance of
the substance in it to the person to be arrested and, if so warrant
required, shall show him the warrant.

65. A warrant of arrest may be executed notwithstanding Power to arrest

without warrant
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.

66. The person executing a warrant of arrest shall, Person to be

arrested to be
subject to the provisions of Section 61 of this Law as to security, brought before
without unnecessary delay bring the person arrested before the the Court without
Court specified in the warrant. delay

67. A warrant of arrest may be executed at any place in Execution of

Warrant
Nigeria.

68.(1) When a warrant of arrest is to be executed outside Warrant forwar-

ded for execution
the local limits of the jurisdiction of the Court issuing it, such outside juris-
Court, instead of directing such warrant as laid down in Section diction
62 of this Law forward it by post or by electronic device to any
Court within the local limits of whose jurisdiction it is to be
executed by such other means as may be necessary.

34
 (2) Such Court shall endorse the warrant and if
practicable cause it to be executed in manner as provided in this
Law within the local limits of its jurisdiction.
69. When a warrant of arrest is to be executed beyond Procedure for
arrest executed
the local limits of the jurisdiction of the Court issuing it, the outside
person to whom it is directed shall take it for endorsement to a jurisdiction
Court within the local limits of whose jurisdiction the warrant is to
be executed.

Procedure on
70.(1) When a warrant of arrest is executed outside the arrest under
local limits of the jurisdiction of the Court issuing it, the person warrant outside
arrested shall, unless security is taken under Section 61 of this jurisdiction
Law, be taken before a Court within the local limits of whose
jurisdiction the arrest was made and such Court shall, if the
person arrested appears to be the person intended by the Court
issuing the warrant, either:

(a) take security for his appearance in

accordance with the provisions of
Chapter 15 of this Law or as directed by
any endorsement of the warrant under
Section 61 of this Law and forwarded the
bond or bonds to the Court issuing the
warrant; or
(b) direct his removal in custody to such
Court.
(2) Notwithstanding the provisions of Sub-Section (1) of
this Section, the arrested person may be taken directly before the
Court issuing the warrant if this course is more convenient having
regard to conditions of time, place and other circumstances.
71. Where a Court has reason to believe, whether after Public summons
for person
evidence or not, that a suspect, against whom a warrant of arrest absconding
has been issued by itself or by any Court, has absconded or is
concealing himself so that the warrant cannot be executed, the
Court may publish a public summons in writing requiring that
person to appear at a specific place and a specific time not less
than thirty (30) days from the date of publishing the public
summons.
35
 Publishing of
72.(1) A public summons shall be published: public summons
(a) in a newspaper that enjoys wide
circulation or circulated in any other
medium as may be appropriate;
(b) by affixing it to some conspicuous part of
the house or premises or to some
conspicous place in the town or village, in
which the person ordinarily resides; or
(c) by affixing a copy to some conspicuous
part of the High Court or Magistrate’s
Court building.

(2) A statement in writing from the Judge of the High

Court or a Magistrate to the effect that the public summons was
duly published on a specified day, shall be conclusive evidence
that requirements of this Section have been complied with and
that the public summons was published on such day.
Powers to arrest
73. A warrant of arrest may be executed notwithstanding on warrant but
that it is not in the possession at the time of the person executing without warrant.
the warrant but the warrant shall, on the demand of the suspect,
be shown to him as soon as practicable after his arrest.

74. (1) A court, on issuing a warrant for the arrest of a Court may direct
suspect in respect of a matter other than an offence punishable particulars of
with death, may, if it thinks fit by endorsement on the warrant, security to be
taken on
direct that the suspect named in the warrant be released on bail execution of
on his entering into a recognizance for his appearance as may be warrant.
required in the endorsement.

(2) The endorsement shall specify:

(a) the number of sureties, if any;

(b) the amount in which they and the suspect
named in the warrant are, respectively to be
bound; or are to provide as cash security on
the request of the surety or suspect;

36
 (c) the Court before which the suspect is to
attend; and
(d) the time at which the suspect is to attend,
including an undertaken to appear at a
subsequent time as may be directed by any
court before which he may appear.

(3) Where an endorsement is made, the officer in

charge of a police station to which an arrest the
suspect named in the warrant is brought, shall
discharge him on his entering into a recognizance,
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 recognizance.

(4) Where security is taken under this section the

officer who takes the recognizance shall cause it to
be forwarded to the court before which the suspect
named in the recognizance is bound to appear.

75.(1) A warrant of arrest may be executed on any day, Execution of

warrant of arrest
including Sunday or public holiday.

(2) A warrant of arrest may be executed by any police

officer at any time and in any place in any State other than within
the actual Courtroom in which a Court is sitting.

(3) The police officer executing a warrant of arrest shall,

before making the arrest, inform the suspect to be arrested that
there is a warrant for his arrest unless there is reasonable cause
for abstaining from giving the information on the ground that it is
likely to occasion escape, resistance or rescue.

(4) A suspect arrested on a warrant of arrest shall,

subject to the provisions of the Constitution of the Federal
Republic of Nigeria, Section 44 and 45 of this Law, brought
before the Court that issued the warrant of arrest.

37
 76.(1) A Judge may at any time after action has been taken Attachment of
property of
under Section 71 of this Law order the attachment of any person
property, moveable or immoveable or both, belonging to a person absconding
the subject matter of a public summons.

(2) An Order under Sub-Section (1) of this Section shall

authorize any public servant named in it to attach any property
belonging to a person, the subject of a public summons within
the area of jurisdiction of the judge by seizure or in any other
manner in which for the time being property may be attached by
way of civil process.

(3) Where a person the subject of a public summons

does not appear within the time specified in the public summons,
the property under attachment shall be at the disposal of the
Court but it shall not be sold until the expiration of three months
from the date of the attachment unless it is subject to speedy
and natural decay or the judge considers that the sale would be
for the benefit of the owner, in either of which cases the judge
may cause it to be sold whenever he thinks fit.

77. Where within one year from the date of the Restoration of
attached property
attachment, any person whose property is or has been at the
disposal of the Court under Section 76 of this Law appears
voluntarily or being arrested is brought before a Court and proves
to its satisfation that he did not abscond or conceal himself for
the purpose of avoiding execution of the warrant and that he had
no such notice of the public summons as to enable him to attend
within the time specified therein, that property, so far as it has
not been sold and the net proceeds of any of it which has been
sold shall, after satisfying all cost incurred in consequence of the
attachment be delivered to him.

78.(1) A Court empowered by this Law to issue a summons Issue of warrant

in lieu or in
for the appearance of any person may, after recording reasons in addition to
writing, issue a warrant for his arrest in addition to or instead of summons
the summons:

38
 (a) where, whether before or after the issue
of such summons, the Court sees reason
to believe that he has absconded or will
not obey the summons; or
(b) where at the time fixed for his appearance
he fails to appear and the summons is
proved to have been duly served in time
to him for his appearnace and no
reasonable excuse is offered for his failure
to appear.

(2) A Court empowered by this Law to issue a warrant

for the arrest of any person may issue a summons in place of a
warrant if it thinks fits.

79. When any person for whose appearance or arrest a Powers to take
bond for
summons or warrant may be issued is present before a Court, the appearance
Court may require him to execute a bond, with or without
sureties, for his appearance before a Court.

80. The provisions contained in this chapter relating to Provisions of this

chapter applies to
summons and warrants and their issue, service and execution summons and
shall so far as may be applied to every summons and every warrants
warrant issued under this Law.

81. When a Court considers that the production of any Summons to

produce
document or other thing is necessary or desirable for the purpose documents or
of any investigation, inquiry, trial or other proceeding under this other things
Law by or before such Court, the Court may issue a summons to
any person in whose possession or power the document or thing
is believed to be, requiring him to attend and produce it, or to
cause it to be produced at the time and place stated in the
summons or order.

39
 Issue of search
82. Where for any reason it appears to a Court that it is warrant by Court
impossible or inadvisable to proceed under Section 81 of this Law
or that a search or inspection would further the purposes of any
investigation, inquiry, trial or other proceeding under this Law,
the Court may issue a search warrant authorizing the person to
whom it is addressed to search or inspect the place or places
mentioned in the warrant for any document or thing specified or
for any purpose described in the warrant to seize any such
document or thing and to dispose of it in accordance with the
term of the warrant.
83.(1) Where an investigation under this Law is being made Application and
issue search
by a police officer, he may apply to any Court within the local warrant
limits of which jurisdiction he is, for the issue of search warrant
under Section 82 of this Law above, and the Court before which
the application is made may issue the warrant when it appears to
it that an offence is being investigated.
(2) There shall be a first information report as in Section
109 of this Law, before a Court issues a search warrant under
this Section.
84.(1) Where upon information and after such inquiry, if Search for stolen
property
any, as it thinks necessary a Court has reason to believe that any
place is used for the deposit or sale of stolen property or that
there is kept or deposited in any place any property in respect of
or by means of which an offence has been committed or which is
intended to be used for any illegal purpose, the Court may issue
a search warrant authorizing any police officer to:
(a) search the place in accordance with the
terms of the warrant and to seize any
property appearing to be of any
description above mentioned and to
dispose of it in accordance with the terms
of the warrant; and
(b) arrest any person found in the place and
appearing to have been or to be a party to
any offence committed or intended to be
committed in connection with the
property.
40
 (2) In this Section and Section 85 of this Law “offence”
includes an offence against a Law of the Federation or of any
State which would be punishable in the State if it had been
committed in Nigeria.

85.(1) Where a Court upon information and after such Search for
persons wrongly
inquiry, if any, as it thinks necessary has reason to believe that confined
any person is confined under such circumstances that the
confinement amounts to an offence, it may issue a search
warrant authorizing the person to whom it is addressed to search
for the confined person and to bring him before the Court and
upon the appearance of the confined person the Court shall make
such orders as it deems proper.
(2) Upon complaint made on Oath to a Court of the
abduction for any unlawful purpose or of the unlawful detention
of any person, the Court may after such inquiry, if any, as it
thinks necessary, make an order for the production of that person
or for the immediate restoration of that person to his liberty or if
he is under fourteen years of age for his immediate restoration
to his parent, guardian or other person having lawful charge of
him and may compel compliance with the order made under this
Sub-Section using such force as may be necessary and upon the
production of the person who is the subject of the Order of the
Court shall make such order as it deems proper.

86.(1) Searches under this chapter shall be made whenever Search to be

made in presence
possible in the presence of two respectable inhabitants of the of witnesses
neighborhood to be summoned by the person to whom the
search warrant is addressed unless the Court owing to the nature
of the case otherwise directs.
(2) A list of all things seized in the course of search and
of the places in which they are found shall be drawn up by the
person carrying out the search and shall be signed or sealed by
the witnesses.

41
 87. Where any place to be searched is an apartment in Search of
woman’s quarters
the actual occupancy of a woman, not being the person to be
arrested, who according to custom, does not appear in public, the
person making the search shall, before entering the apartment,
give notice to such woman that she is at liberty to withdraw and
shall afford her every reasonable facility for withdrawing, and
may enter the apartment.

88. The occupant of any place searched or some person Occupant of place
searched may
on his behalf shall be permitted to be present at the search and attend
shall, if he so require, receive a copy of the list of things seized
therein signed or sealed by the witness referred to in Section 86
of this Law.

89.(1) Where any person is in or about a place which is Search of person

found in place
being searched is reasonably suspected of concealing about his
person any article for which search should be made, such person
may be search.
(2) A list of all things found on his person and seized
shall be prepared and witnessed in the manner mentioned in
Section 86 of this Law and a witnessed copy of the list shall be
delivered to the person searched, if he so requires.

90. Whenever it is necessary to cause a woman to be Mode of

searching woman
searched, the search shall be made by another woman, with strict
regard to decency.

91. Every person executing a search warrant beyond the Execution of

search warrant
local limits of the jurisdiction of the Court issuing it shall before outside
doing so apply to some Court within the local limits of whose jurisdiction
jurisdiction the search is to be made and shall act under its
direction.

92. The provisions of Section 37 of this Law as to access Provisions as to

warrant of arrest
and all other provisions in this Law contained as to warrants of to search warrant
arrest shall, so far as applicable, apply to search warrants.

42
 93. Any Court may, if it thinks fit, impound any document Impounding of
Document
or thing produced before it under this Law.

CHAPTER 6
PROCEDURE FOR DISPERSING UNLAWFUL ASSEMBLY AND RIOTS

94. A police officer of or above the rank of Assistant Assembly to

disperse on
Superintendent or any officer of equivalent rank in the Nigerian command
Security and Civil Defence Corp and Nigerian Vigilante may
command any unlawful assembly or any assembly of five or more
persons likely to cause a disturbance of the public peace to
disperse and it shall be the duty of the members of such
assembly to disperse accordingly.
95. Where upon being commanded in accordance with Use of civil force
to disperse on
the provision of Section 94 of this Law any unlawful assembly or command
any assembly of five or more persons likely to cause a
disturbance of the public peace does not disperse or if, without
being so commanded, it conducts itself in such a manner as to
show a determination not to disperse, or if force or violence is
used by it or by any member thereof in prosecution of the
common object of such assembly, any officer mentioned in
Section 94 of this Law may proceed to disperse such assembly by
force and may require the assistance of any person for the
purpose of dispersing such assembly, and if necessary, arresting
and confining the persons who form part of it in order to disperse
such assembly or that they may be punished according to Law
and any such person whose assistance is so required shall be
bound to render such assistance.

96.(1) No officer acting under this chapter in good faith Protection for
acts done under
shall be deemed to have committed an offence. this chapter

(2) A prosecution against any officer or person

mentioned in Sub-Section (1) of this Section shall not lie without
the consent of the Attorney General of the State.
(3) No act lawfully done under this chapter shall be
called in question in any civil proceedings.

43
 CHAPTER 7
PROCEDURE FOR THE REMOVAL OF CAUSE OF PUBLIC NUISANCE

97.(1) Whenever a Court considers on receiving a police Conditional order

for removal of
report or other information and on taking such evidence, if any, nuisance
as it thinks fit that an offence under Sections 159, 160, 162, 164
and 165 of the Penal Code is being committed, such Court may
make a conditional order requiring the offender within a time
fixed in the order to cease committing such offence and to amend
or remove the causes of the nuisance in such manner as in the
order specified or to appear before the Court at a time and place
to be fixed by the order and apply to have the order set aside or
modified in the manner provided under this Law.

(2) No Order duly made by a Court under this Section

shall be called in question in any civil proceedings.

98.(1) An order made under Section 97 of this Law shall if Service of order
practicable be served on the person against whom it is made in a
manner provided for the service of a summons.

(2) Where an order referred to in Sub-Section (1)

cannot be served in the manner laid down in that Sub-Section it
may be served by registered letter through the post, addressed to
the person against whom it is made at his last known address or,
if his last address is not known, then by affixing a notice in some
conspicuous place in the town or village in or near which the
nuisance or offence is being committed.

99. A person against whom an order under Section 97 of Person to whom

order is address
this Law is made shall: to obey and
(a) perform within the time and in the manner appear before
specified in the order the act directed; or Court
(b) appear in accordance with the order and
apply to have the same set aside or
modified.

44
 100. Where a person against whom an order under Section Consequence of
failure to obey
97 of this Law is made does not perform the act specified in the order to appear
order or appear and apply to have the order set aside or modified
he shall be liable to the penalty prescribed in that behalf in
Section 114 of the Penal Code and the order shall be made
absolute.

101.(1) Where a person against whom an order under An application for

an order to set
Section 97 of this Law is made appears and applies to have the aside
order set aside or modified the Court shall take evidence in the
matter in the same manner as in a summary trial.

(2) Where the Court is satisfied that the order with or

without modification is reasonable and proper, the Court shall
make it absolute with such modification, if any, as the Court shall
think fit.

(3) Where the Court is not so satisfied, it shall cancel

the order.
102.(1) Where the act directed by an order under Section Consequences of
disobedience to
97 which is made absolute under Section 100 or Sub-Section (2) order made
of Section 101 of this Law is not performed within the time fixed absolute
and in the manner specified therein, the Court may cause it to be
performed and may recover the cost of performing it either by
the sale of any building, goods or other property removed by its
order or by seizure and sale of any other movable property of the
person against whom the order under Section 97 of this Law was
made in the manner prescribed in this Law for the recovery of a
fine.

(2) No suit shall lie in respect of anything done in good

faith under this Section.

103.(1) Where the Court making an order under Section 97 Order pending
Inquiry
of this Law considers that immediate measures should be taken
to prevent imminent danger or injury of a serious kind to the
public, it may issue such further order to the person against
whom the order was made as is required to obviate or prevent
such dangter or injury pending the determination of the matter.
45
 (2) In default of the person referred to in Sub-Section
(1) of this Section obeying the further order referrred to in that
Sub-Section or where notice of the order cannot by the exercise
of due diligence be served upon him immediately, the Court may
use or cause to be used such means as it thinks fit to obviate the
danger or to prevent the injury.

104. Any Court may in any proceedings under this chapter Prohibition of
repetition of
or in criminal proceedings in respect of a public nuisance order continuance of
any person not to repeat, or continue the public nuisance. nuisance

CHAPTER 8
PREVENTION OF ACTION BY POLICE AND PUBLIC

105.(1) A Judge, Magistrate, or any other public officer Prevention by

Police and
charged with responsibility for maintaining law and order may other public
intervene for the purpose of preventing and shall, to the best of officers of
his ability, prevent the commission of an offence, for which he is offences to public
authorized to arrest without a warrant or any damage to any property
public property, movable or immovable.

(2) A person is bound to assist a Judge or Magistrate or

police officer or any other public officer reasonably demanding his
aid:
(a) in preventing, and shall to the best of his ability,
prevent the commission of an offence for which
he is authorized to arrest without a warrant or
any damage to any public property, movable or
immovable;
(b) in the supression of a breach of the peace or in
the prevention of any damage to any property,
movable or immovable or to any railway, canal,
water supply, telecommunication system, oil
pipeline or oil installation or electrical instal-
lation; or
(c) in the prevention of the removal of any public
landmark, buoy or other mark used for
navigation.
46
 CHAPTER 9
DUTY OF PUBLIC AND DISTRICT HEADS TO GIVE INFORMATION

106. Every person: Public to give

information on
(a) who has reason to believe that any other certain offences
person has committed suicide or has been killed
by another or by an accident of any kind
whatsoever or that a dead body has been
found; or
(b) who is aware of the commission of or of the
intention of any other person to commit any
offence shall in the absence of reasonable
excuse, the burden of proving which shall lie
upon the person making such excuse, to
immediately give information to the nearest
Magistrate Court, Police Officer or any Law
Enforcement Agent of such death, dead body,
commission or intention.
107. Every district head shall immediately communicate to District head to
report certain
the nearest Magistrate Court, Police Officer or any Law matters
Enforcement Agent, any information in his possession with
respect to:
(a) the permanent or temporary residence of any
notorious receiver or vendor of stolen property;
(b) the resort to or passage through his village,
ward or district of any person whom he knows
or reasonably suspects to be a murderer,
robber, escaped convict or person required to
appear by a summons’ published under Section
71 of this Law;
(c) the occurrence within his village, ward or district
of the death of any person or the disappearance
from his village, ward or district of any person in
circumstances which lead to a reasonable
suspicion that the death or disappearance is the
result of an offence committed in respect of
such person; or
47
 (d) any matter likely to affect the maintenance of
order or the prevention of crime or the safety of
persons or property.

108.(1) A district head to whom information has been given Investigation by

district head on
under paragraph (c) of Section 107 of this Law or who suspects receiving
the existence of such facts as are set out in that paragraph, shall information
after forwarding the information either to the Magistrate Court
which shall direct the appropriate police officer, or in any other
manner prescribed in that Section, proceed to the place where
the body of the deceased is and shall in the presence of two or
more persons whom he shall summon for the purpose, and who
also shall be bound to attend, make an investigation and draw up
a report of the apparent cause of death describing such wounds,
fractures and other marks of injuries as may be found on the
body and stating in what manner or by what weapon or
instrument those marks appear to have been inflicted and such
other information relating to the death as he can discover.

(2) Notwithstanding the provision of Sub-Section (1) of

this section, when the police officer to whom information has
been given under Paragraph (c) of Section 107 undertakes the
investigation the district head upon being so notified shall cease
further to investigate.

(3) Where practicable the person making an

investigation under Sub-Section (1) and (2) of this section shall
be accompanied by a medical officer or dispensary attendant.

(4) Where there is any doubt regarding the cause of death or

where for any other reason the person making the investigation
considers it expedient and practicable to do so or where the
medical officer attending such investigation so directs, the body
shall be brought to the nearest hospital or to some other
convenient place for further examination.

(5) Except in case of necessity, the burial shall not take

place until leave has been obtained from a coroner.

48
 (6) The person making the investigation under this
Section shall have the powers and duties of a police officer under
Section 112 and 113 of this Law.

(7) On completion of the investigation the police officer

shall make a report in the relevant police diary.

(8) Nothing in this Section shall operate to relieve any

police officer from any obligation or duty conferred upon him
under Chapter 10 to undertake and carry out any investigation.

CHAPTER 10
FIRST INFORMATION REPORT

109.(1) Where a complaint is brought before a police officer Procedure for

receiving com-
in charge of a police station concerning the commission of an plaint and first
offence and is: information
report

(a) One for which the police are authorized to arrest

without a warrant; and
(b) Triable by Magistrate or Alkali within which
jurisdiction the police station is situate, the police shall, if the
complaint is made orally, reduce the complaint or cause it to be
reduced into writing in the police diary.
(2) The complaint, whether given in writing or orally
shall be reduced in writing into the police diary and read or cause
to be read over to the complainant and every such complaint
shall be signed by the officer receiving the complaint.
(3) Where on any other ground the officer in charge of
the police station has reason to suspect the commission of an
offence referred to in sub-section (1), he shall enter or cause to
be entered the grounds of his suspicion in a police diary.
(4) Where the officer is satisfied that no public interest
may be served by prosecuting, he may refuse to accept the
complaint provided that he notifies the complainant of his right to
complain to an appropriate court.

49
 (5) Notwithstanding the provisions of sub-section (2) of
this section, the officer in charge of a police station if in his
opinion the matter might more conveniently be inquired into by
an officer in charge of another police station, refer the complaint
to such other police station.

(6) After complying with provision of sub-section (3) of

this section, the officer in charge of the police station shall act as
follows:
(a) he shall forthwith proceed to the scene
and investigate the case and if the suspect
is not in custody, take such steps as may
be necessary for the discovery and arrest
of the suspect or he may direct a police
officer subordinate to him to do so and
report to him;
(b) in cases involving death or serious injury
to any person, the officer in charge of the
police station shall arrange, if possible, for
the person to be taken to the nearest
hospital for such further examination as
may be necessary;
(c) where the complaint is given against a
person by name and the alleged offence is
not of a serious nature, the officer in
charge of a police station need not make
or direct investigation on the spot;
(d) in the cases mentioned in paragraph (c) of
this Sub-Section, the officer in charge of
the police station shall record in the police
diary referred to in Sub-Section (2) and in
the First Information Report to the Court
his reason for not directing investigation
on the spot;

50
 (e) where after the investigation, it appears
that the complaints against the suspect
are unfounded, the investigation shall be
terminated and this fact shall be recorded
in the Police Diary mentioned in Sub-
Section (2) of this Section; and
(f) where the officer considers that the
prosecution of the alleged offence will
serve the public interest, the officer shall
reduce the complaint into the prescribed
form called First Information Report and
the officer shall take the alleged suspect
with the First Information Report before a
Court within whose jurisdiction the police
station is situate.
(7) Where the suspect appears or is brought before the
Court, the particulars of the offence of which he is accused shall
be read to him and he shall be asked if he has any cause to show
why he should not be tried by the Court.

(8) Where upon hearing the information, the

defendant admits the commission of the offence contained in the
First Information Report, his admission shall be recorded as near
as possible in the words used by him and if he shows no
sufficient cause why he should not be convicted, the Court may
convict him summarily.

(9) Where the defendant denies the allegation against

him and states that he intends to show cause why he should not
be convicted, the Court shall proceed to hear the complaint and
take such evidence as may be produced in support of the
prosecution and the defendant shall be at liberty to cross-
examine the witnesses for the prosecution and if he so does, the
prosecutor may re-examine the witnesses where necessary.

51
 (10) Where the evidence referred to in Sub-Section (9)
of this Section has been taken or at any stage of the case, the
Court is of the opinion that there is ground that the defendant
has committed an offence triable under this part, which such
Court is competent to try and which, in the opinion of the Court,
could be adequately punished, the Court shall frame a charge
stating the offence for which the defendant will either be tried by
the Court or direct that the defendant be tried in another Court.
(11) Where in the proceeding before a Court, the Court
at any stage before judgement, is of the opinion that the case is
one which ought to be tried by a High Court, the Court shall
transfer the case along with the defendant to the High Court.
110.(1) Every officer in charge of a police station Case diary to be
kept by the police
conducting an investigation under Section 109 (6) of this Law, or
any police officer deputed by the officer in charge of a police
station to conduct such investigation, shall keep a case diary in
which he shall set forth in chronological order:
(1) the time when he began his investigation;
(2) any information received by him in connection
with the investigation;
(3) the time when such information reached him;
(4) the places visited by him;
(5) any action required to be taken or directions
given by a Court in the course of the police
investigations or the inquiry by the Court, and
any facts ascertained as a result thereof;
(6) any report made by any police officer acting on
his instructions;
(7) the statement of any witness, if reduced to
writing;
(8) a statement of the circumstances ascertained
through his investigation; and
(9) the time when he closed the investigation.

(2) The First Information Report or a copy thereof shall

in all cases be attached to and form part of the case diary.

52
 111.(1) Nothing in any way included in or forming part of a Use of case diary
case diary shall be admissible in evidence in any inquiry or trial
unless it is admissible under the provisions of the Evidence Act
or of rules made thereunder, but:
(a) a Court may if it thinks fit order the
production of the case diary for its
inspection under the provisions of
Section 133;
(b) the Attorney-General or officers of his
department may at any time order the
submission of the case diary to himself
or any officer of his department;
(c) any relevant part of the case diary may
be used by a police officer who made the
same to refresh his memory if called as a
witness.
(2) Save to the extent that:
(a) anything in any way included in or
forming part of a case diary is admitted
in evidence in any inquiry or trial in
pursuance of the provisions of Sub-
Section (1) of this section; or
(b) the case diary is used for the purposes
set out in paragraph (c) of Sub-Section
(1), the defendant or his counsel shall
not be permitted to call for or inspect
such case diary or any part thereof but,
where for the purposes of paragraph (a)
or (b) of this sub-section any such
inspection is permitted, such inspection
shall be limited to the part of the case
diary referred to in the said paragraphs
as the case may be.

112.(1) A police officer making an investigation under Power of police to

summon and
Section 109 (6) of this Law may require the attendance before Examine
him, of any person whose evidence appears likely to be of
assistance in the case, and may examine such person orally and
reduce same into writing.
53
 (2) A person referred to in Sub-Section (1) shall be
bound to attend and to answer the questions put to him except
that he shall be warned that he is not bound to answer if his
answer would tend to expose him to a criminal charge or a
penalty other than of failing to give information under Chapter 9.
(3) No person giving evidence in an investigation under
Section 109 (6) of this Law shall be required to take an oath.

113.(1) No police officer or person in authority shall make No inducement to

be offered
use of any threat or of any promise of an advantage towards any
person in an investigation under this chapter in order to influence
the evidence he may give.
(2) No police officer or other person shall prevent any
person from making in the course of the investigation any
statement in accordance with any rules made under Section 359
which of his own free will he may be disposed to make.

114.(1) Where any person in the course of any investigation Endorsement by a

superior officer
under Section 109 (6) of this Law or at any time after the close of after confession
the investigation but before the commencement of any trial
confesses to the commission of an offence in connection with the
subject matter of the investigation, he may be taken before a
superior police officer for his statement to be recorded and
placed in the case diary.
(2) No oath shall be administered to any person making
such confession.
(3) The record of such confession in the case diary
shall be admissible as evidence against the person who made the
confession and if so admitted shall be read out in Court.

Provided that the Court trying the case may if the Court
thinks fit either on the application of the defendant or his counsel
or of its own motion call the superior police officer whom the
confession was made to prove the circumstances in which it was
recorded.

54
 115.(1) Where any person in the course of an investigation Recording of
confession in a
under Section 109 (6) of this Law or at any time after the close of case diary
the investigation but before the commencement of any trial
confesses to the commission of an offence in connection with the
subject matter of the investigation, a police officer may record
such confession in the case diary in his handwriting in the
presence of the person making the confession and after reading
over to that person such record shall require him to sign or seal it
and the police officer shall countersign.
(2) Subject to the provisions of the Evidence Act and of
any rules made under paragraph (f) of Sub-Section (1) of Section
359 of this Law, the record of a confession in the case diary if
made by a police officer in accordance with this Section shall be
admissible as evidence against the person who made the
confession and if so admitted shall be read out in Court.
116. A person under arrest upon reasonable suspicion of Medical
examination of
having committed an offence punishable with imprisonment suspect
whose state of health is uncertain may be required by a superior
police officer to submit a medical examination certified by a
medical officer.

117.(1) A Court holding a trial or a police officer conducting Taking of

Fingerprints
an investigation may cause the fingerprints, photograph or
measurements of any person to be taken if satisfied that it is
desirable in furtherance of the purposes of the trial, inquiry or
investigation.
(2) All fingerprints, photographs or records or
measurements taken under this Section may be kept for six (6)
months but if not already destroyed shall be destroyed unless the
person in respect of whom they were taken has been convicted
of an offence.
118.(1) Whenever it appears, that an investigation under Remand of
person in custody
Section 109 (6) of this Law cannot be completed within twenty-
four hours of the arrival of the suspect at the police station, the
officer in charge of the police station shall release or discharge
him under Section 155 of this Law.

55
 (2) The Court may from time to time, on the
application of the officer in charge of a police station, authorize
the detention of the person under arrest in such custody as it
thinks fit for a time not exceeding fifteen days, and shall record
its reasons for so doing.
(3) Where the Court refuses to authorize detention of
the suspect under arrest it shall make an order of discharge
under Section 49 of this Law.
(4) Where the police investigation is not completed
within fifteen days and the Court considers it advisable that the
suspect should be detained in custody pending further
investigation it shall remand the suspect as provided in Section
245 of this Law.
119.(1) Where in the course of an investigation under Procedure where
police consider
Section 109 (6) of this Law it appears to the officer in charge of a investigation be
police station under whom an investigation is being made that terminated
such investigation should be terminated without a trial, he shall, without inquiry or
after entering in the case diary a summary of the case and his trial
reasons for terminating the investigation, close the case diary and
terminate the investigation;
Provided that nothing in this Sub-Section shall prevent the
officer in charge of a police station from re-opening the case
diary and continuing the investigation if further information is
given to him concerning the commission of the offence.
(2) When an investigation has been terminated or re-
opened under the provisions of this Section, the officer in charge
of a police station shall inform the Court and the Court shall
endorse the First Information Report the fact of such termination
or re-opening and the reasons.
Provided that the Court may, if it is not satisfied from the
information given that the investigation has been properly
terminated, order that the investigation be continued and the
case diary be re-opened, and if the Court shall think fit may send
a copy of the First Information Report endorsed as aforesaid
together with the reasons stated by the officer in charge of a
police station to the Attorney-General with any comments that it
may think fit to make.

56
 (3) When any person has been taken into custody in
the course of an investigation and such investigation has been
terminated under the provisions of Sub-Section (1) and (2), the
officer in charge of a police station shall on such termination
forthwith release him, or, if he has been remanded in custody by
the Court, shall cause an applicatiion to be made to the Court for
an order that such person be released.
(4) Nothing in this Section shall affect the power of the
police to release an arrested person under Section 49 of this Law.
120. Subject to Section 127 of this Law, if upon an Procedure when
police consider
investigation under this Chapter, it appears to the officer in that a suspect be
charge of a police station that there is sufficient evidence or taken to Court
reasonable ground or suspicion to justify sending the suspect to a
competent Court to take cognizance of the offences, he shall
send the suspect to such Court which may where applicable, fix a
day for the trial or remand the suspect in custody or on bail as
the case may be:
(a) for his appearance before such Court on a
day to be fixed and thereafter for his
attendance from day to day before such
Court until otherwise directed; or
(b) for his appearance before another Court
having jurisdiction to try the offence.

121.(1) Where under the provisions of Section 120 of this Attendance of

defendant and
Law the Court fixes a day for a trial, the officer in charge of a bond for
police station shall subject to any orders or directions of the attendance of
Court: witnesses
(a) require the complainant, if any, and all
persons likely to be required as witnesses
to execute bonds without sureties to
appear before the Court as directed and to
prosecute or give evidence, as the case
may be, in the matter of the trial;
(b) arrange for the defendant whether in
custody or on bail to be before the Court
on the day fixed for the trial.

57
 (2) A copy of a bond executed under Sub-Section (1) of
this Section shall be handed to the person executing the same
and the original shall be forwarded to the Court for filing.

(3) Where any person required to execute a bond

under this Section refuses to do so, he may be taken in custody
to the Court which may order his detention until he executes the
bond or until the hearing of the case is concluded.

122.(1) When any information is received by an officer in Procedure where

warrant is requi-
charge of a police station of facts pointing to the commission of red for arrest
an offence for which the police may not arrest without a warrant,
the officer shall enter the substance of the information in a book
in the form prescribed in accordance with Section 109 (1) of this
Law and either in a First Information Report or in such other
reports as may be prescribed in respect of the offence and
thereupon refer the information if other than a public servant
acting in the exercise of his public duties, to a Court and send the
First Information Report or such other report to the same Court
on receipt of the report shall if the police show sufficient cause,
issue a warrant.
(2) No investigation of such an information shall be
made by any police officer without the Order of a Court or
superior police officer unless the circumstances appear to be such
that the delay which would be caused by submitting the report
may seriously prejudice the interests of justice, in which case the
investigation may be commenced forthwith but a report shall be
sent as soon as possible to a Court or superior police officer
giving the reasons for the action taken and on the receipt of the
report, the Court or superior police officer may give such orders
or direction as he thinks fit.

(3) The functions conferred on a superior police officer

by Sub-Section (2) may be exercise by such other police officers
as the Commissioner of Police for the State may appoint.

58
 (4) Any investigation of such an information
undertaken by a police officer either by an order of Court or
direction of a superior police officer under Sub-Section (2) of this
section or without such order or direction, shall be conducted in
such manner and with such powers as are set out in this chapter,
provided that no arrest of a suspected person shall be made
without a warrant.

CHAPTER 11
PLACE OF TRIAL

123.(1) Every offence shall ordinarily be tried by a Court Ordinary place

of trial
within the local limits of whose jurisdiction:
(a) the offence was wholly or in part
committed, or some act forming part of
the offence was done; or
(b) some consequence of the offence has
ensued; or
(c) some offence was committed by reference
to which the offence is defined; or
(d) some person against whom, or property in
respect of which, the offence was
committed is found, having been
transported there by the offender or by
some person knowing of the offence.

Illustrations,
A posts in Katsina a letter addressed to B in Funtua
threatening to accuse B of an offence in order to extort
money from him;
(a) A stabs B at Katsina and B dies ten days
later at Katsina in consequence of the
wound;
(b) A in Katsina abets an offence committed
by B at Funtua;
(c) A abducts B at Katsina and carries him to
Funtua where he is found;

59
 (d) A steals property at Katsina and the
property is taken by B, who knows it to be
stolen, to Funtua where it is found.
In all above cases A may be tried either at Katsina or at Funtua.

(2) A criminal charge shall be filed and tried in the

division where the allege offence was committed unless it can be
shown that it is convenient to do otherwise for security or other
reasons.

(3) The Commissioner of Police shall ensure that one or

more armed policemen are posted to provide security during
every criminal trial.

124. When it is uncertain in which of several districts an Place of trial

when scene of
offence was wholly or in part committed, the offence may be offence is
tried by a Court having jurisdiction over any of such districts. uncertain

125. (1) An offence committed by a person while he is in Offence

committed
the course of performing a journey or voyage may be tried by a on a journey or
Court through or into the local limits of whose jurisdiction he, or offence
the person against whom, or the thing in respect of which, the commenced and
offence was committed, resides or passed in the course of that completed in
different states.
journey or voyage.

(2) Where an offence:

(a) Is commenced in the State and completed in

another State,
(b) Is completed in the State after being
commenced in another State, the Suspect may
be tried and punished as if the offence had
actually or wholly been committed in the State.

60
 126.(1) Whenever a question arises as to which of two or Chief Judge to
decide in case of
more Courts ought to try any offence it shall be decided by the doubt of Court in
Chief Judge. which trial shall
take place
(2) The Chief Judge may, where it appears to him that
the transfer of a case will promote the ends of justice or will be in
the interest of the public peace, transfer any case from one Court
to another.

(3) Where the Chief Judge is to exercise this power

subsequent to a petition, the Chief Judge shall cause the petition
to be investigated by an independent body of not more than
three reputable legal practitioners within one week of receipt of
such petition.

(4) Each of the Legal Practitoners referred to in Sub-

Section (3) of this Section shall be selected from the official bar,
private or academia,

(5) The judge trying the case shall be served with a

copy of the petition for the purpose of his comments. Upon
receipt of the copy of the petition the judge shall stay further
proceedings pending further directives from the Chief Judge.

(6) The investigation body shall submit its report within

two weeks of appointment except otherwise specified.

127. Where any case shall be transferred from one place in Procedure in
transfer of cases
a division or district to another place or district in the same
division or district or to another place or district, the case shall be
tried and determined at the division or distrcit to which it has
been transferred and all cognisances and proceedings in or
relating to the case shall thereupon be deemed to be returnable
at a latter division or district and all witnesses who are bound by
recognisances or summoned to attend the trial shall be informed
accordingly and shall attend at the latter division or district.

61
 128. Subject to Section 127 of this Law, when a Court has Power to try
offence
reason to believe that any person within the local limits of its committed
jurisdiction has committed without such limits an offence which beyond local
cannot under the provisions of Section 123 of this Law or any jurisdiction
other Law for the time being in force, be tried within the local
limits but is under any Law for the time being in force, triable in
the Katsina State of Nigeria, it may take cognizance of the
offence as if it had been committed within the local limits of its
jurisdiction and compel such person in a manner provided by this
Law to appear before it and send him to a Court having
jurisdiction to try the offence, or, if the offence is bailable may
take a bond with or without sureties for his appearance before
such a Court.

CHAPTER 12
PROCEEDURE FOR THE INITIATION OF JUDICIAL PROCEEDINGS IN
CERTAIN CASES

129.(1) A Court shall not take cognizance:

Offences where
(a) of any offence punishable under Sections Court shall take
98 to 114 of the Penal Code, except with cognizance unless
the previous sanctions or on the complaint cogent or on
of the public servant concerned or of complaint of a
public servant
some public servant to whom he is
subordinate;
(b) of any offence punishable under Sections
117, 120, 121, 122, 123, 126, 127, 136,
137, 138, 141, 146 or 148 of the Penal
Code when such offence is committed in
or in relation to any proceeding in any
Court, except with the previous sanction
or on the complaint of such Court;

62
 (c) of any offence described in Section 340 of
the Penal Code or punishable under
Section 343 or Section 346 of the Penal
Code, when such offence has been
committed by a party to any proceeding in
any Court in respect of a document
produced or given in evidence in such
proceeding, except with the previous
sanction or on the complaint of such
Court;
(d) of any offence punishable under
paragraph (a) of Section 75 of the Penal
Code where the circumstances are such as
to constitute an offence under Section 6 of
the Public Order Act, except with the
sanction of the Attorney-General;
(e) any of offence punishable under Section
61 of the Penal Code except with the
sanction of the Attorney-General.

(2) The provisions of Sub-Section (1) of this Section,

with reference to the offences named therein, apply also to the
abetment of such offences and attempts to commit them.

(3) The sanction referred to in this Section may be

expressed in general terms and need not name the defendant,
but it shall, so far as practicable, specify the place where and the
occasion on which the offence was committed.

(4) Any sanction given or refused under this Section

may be revoked or granted by any authority to which the
authority giving or refusing it is subordinate.

130.(1) A Court shall not take cognizance of any offence Cognizance of

offence on
falling under Chapter 22 or Chapter 24 of the Penal Code or complaint by
under Sections 360 to 363 of the same Code, except upon a person aggrieved
complaint made by some person aggrieved by such offence.

63
 (2) Where the person so aggrieved is a woman who
according to customs ought not to be compelled to appear in
public or where such person is under the age of eighteen or is an
idiot or lunatic or is due to sickness or infirmity unable to make a
complaint, some other person may, with the leave of the Court,
make a complaint on his or her behalf.
(3) In the case of an offence under Section 369 of the
Penal Code where the party so aggrieved is other than the
Government, or Local Government, a police officer may, in the
public interest and with the sanction of the Attorney-General,
make a complaint on behalf of such party.
Prosecution of
131.(1) A Court shall not take cognizance of an offence Adultery
under Section 364 or 365 of the Penal Code except:
(a) upon a complaint made by the husband of
the woman or in his absence by some
person who had care of such woman on
his behalf at the time when the offence
was committed; or

(b) in the case of the woman being unmarried

upon a complaint made by her father or
guardian or in his absence, by some
person who had care of such unmarried
woman on his behalf at the time when the
offence was committed.

(2) Where the husband, father or guardian referred to

in Sub-Section (1) is under the age of eighteen years, or is an
idiot or lunatic or due to sickness or infirmity unable to make a
complaint some other person may, with the leave of the Court,
make a complaint on his behalf.

64
 CHAPTER 13
INVITATION OF JUDICIAL PROCEEDINGS FOR COGNIZANCE
OF OFFENCES BY COURT

132. (1) Subject to the provisions of Chapter 11 and 12 of Cognizance of

Offences by Court
this Law, a Court may take cognizance of any offence committed
within the local limits of its jurisdiction:-
(a) when an arrested person is brough before
it under Section 44 or 45 of this Law;
(b) upon receiving a First Information Report
under Section 109 of this Law, or from
any other Court;
(c) upon receiving a complaint in writing from
the Attorney-General;
(d) upon receiving a complaint of facts which
constitute the offence; or
(e) if from information received from any
person other than a police officer, it has
reason to believe or suspect that an
offence has been committed.
(2) On production of a First Information Report,
Magistrates shall:-
(a) have jurisdiction to take cognizance; and
(b) remand a defendant to the Custodial Centre,
Remand Home or the custody of either Police
or any Law Enforcement Agency pending the
framing of a charge against him in the High
Court by the Attorney General.
133. When the defendant appears before a Court taking Power of Court to
inspect case diary
cognizance of an offence, the Court may require the police
officer, if any, in charge of the investigation, or any police officer
acting on his behalf, to state a summary of the case and, if the
Court shall think fit, to produce the case diary for its inspection.
134.(1) A Court taking cognizance of an offence on Power of Court to
reduce complaint
complaint shall, subject to the exercise of its powers under in writing
Section 131 or this Section, thereupon examine, the complainant
and reduce his complaint and the substance of the examination
to writing, and the writing shall be signed or sealed by the
complainant if he is able so to do.
65
 (2) A Court may in its discretion conduct such
examination on Oath.
(3) When the complaint is made in writing and signed
by a public servant acting or purporting to act in the execution of
his official duties, the Court may, if it thinks fit, and shall when
the complaint is made by a Court under Section 313 of this Law
proceed with the trial of the case without examining the
complaint under this Section.
135. Where an offence of which a Court takes cognizance Transfer of cases
by Court
ought properly or more conveniently to be tried by another Court,
the said Court taking cognizance shall send the case to other
Court for trial.
136. Where a Court taking cognizance of an offence under Application for
directions of the
the provisions of Section 132 of this Law is of the opinion that an Court
investigation or further investigation should be conducted under
the provisions of Chapter 10 of this Law, the Court shall order
that such an investigation or further investigation shall be made,
and such investigation or further, investigation, shall be
conducted in the same manner and with the same powers as set
out in Chapter 10 of this Law and at the time when such order is
made or at any stage of the investigation or further investigation
the police officer in charge of the investigation, or any police
officer acting on his behalf, may appear before the Court and
apply for directions.

137.(1) A Court taking cognizance of an alleged offence on Inquiry of Court

of complaint by
the complaint of any person other than a police officer or any person other than
appropriate authority may, for reasons to be recorded in writing, police officer
refer the matter to any police officer for investigation without any
order to remand.
(2) An investigation by a police officer under the
provisions of Sub-Section (1) shall be conducted so far as may be
in the manner and with the powers in and with which an
investigation under Chapter 10 is conducted, and shall, if the
police have already investigated the case, be deemed to be a
continuation of that investigation.

66
 138.(1) A Court taking cognizance of an alleged offence Court may refuse
to proceed
may refuse to proceed with the case if after examining the
complaint, if any, and considering the result of any investigation
held under Chapter 10 or Section 137 of this Law, there is in its
opinion no sufficient ground for proceeding and it shall thereupon
briefly record its reasons for so refusing.
(2) Where there is in the opinion of the Attorney-
General no sufficient ground for any charge to be preferred
against the Defendant, the Attorney-General may discontinue the
case.
(3) Where the Defendant is in custody or on bail, he
shall be discharged when, under this Section, the Court refuses to
proceed or the Attorney-General discontinues the case.
(4) A person aggrieved by a refusal of a Court to
proceed with a case may apply to the appropriate appeal Court
with an affidavit setting out the facts for an order directing the
transfer of the case to another Court with jurisdiction to hear and
determine the cause or matter.
139.(1) Where a First Information Report or a complaint in Procedure by
Court not
writing is received by a Court which is not competent to take competent to
cognizance of the offence, the Court shall return the First take cognizance
Information Report or complaint for presentation to the proper of cases
Court with an endorsement to that effect.
(2) If a complaint not in writing is made to a Court
which is not competent to take cognizance of the offence the
Court shall direct the complainant to the proper Court.

140. When a Court taking cognizance of an offence is Inquiry or trial

satisfied that there is sufficient ground for proceeding, it shall
after causing process to issue for the attendance of the
defendant, if he is not already in custody or on bail, proceed to
try the offence provided that it is competent so to do.

67
 141. A defendant shall, subject to the provisions of Section Defendant to be
present in the
140 of this Law be present in Court during the whole of his trial conduct of his
unless: case
(a) he misconducts himself in such a manner
as to render his continuing presence
impracticable or undersirable; or
(b) at the hearing of an interlocutory
application.
142.(1) Process to compel the attendance of the defendant Presence of
defendant at trial
shall ordinarily be by way of summons or a warrant as the Court
may determine guided by the fourth column of Appendix A in the
first instance.
(2) When a summon is issued, the Court may if it sees
reason to do so, dispense with the personal attendance of the
defendant:
Provided that:
(a) he is represented by counsel; or
(b) he pleads guilty in writing.
(3) Notwithstanding the provisions of Sub-Section (2)
of this Section, the Court shall not without adjourning for his
personal attendance sentence the defendant to any term of
imprisonment or to any other form of detention or order him to
be subject to any disqualification.

CHAPTER 14
SUMMARY TRIALS

143. The procedure laid down in this chapter shall be Procedure in

summary trial
observed by Magistrate Courts and such other Courts as may
have summary jurisdiction.
Substance of
144. When the defendant appears or is brought before the accusation to be
Court, the particulars of the offence of which he is accused shall stated
be stated to him and he shall be asked if he has any cause to
show why he should not be convicted.

68
 145.(1) Where the defendant admits that he has committed Conviction on
admission of
an offence of which he is accused, his admission shall be truth of
recorded as nearly as possible in the words used by him and if he accusation
shows no cause why he should not be convicted, the Court may
convict him accordingly, and in that case it shall not be necessary
to frame a formal charge.
(2) The Chief Judge may by order specify the maximum
sentence of imprisonment or the maximum fine which any grade
or class of Court may impose on a conviction under this Section.
(3) No Court shall exercise any powers under Sub-
Section (1) of this Section unless an order under Sub-Section (2)
of this Section has been made in respect of that grade or class of
Court.
146.(1) When the Court decides not to convict the Evidence for
prosecution
defendant under Section 145 of this Law or when the defendant
states that he intends to show cause why he should not be
convicted, the Court shall proceed to hear the complaint, if any,
and take all such evidence as may be produced in support of the
prosecution.
(2) The defendant shall be at liberty to cross-examine
the witness for the prosecution and, if he does so, the prosecutor
may re-examine them.
147.(1) Where upon taking all the evidence referred to in Discharge of
defendant
Section 146 of this Law and making such examination, if any, of
the defendant as may be made in accordance with Section 224 of
this Law the Court finds that no case against the defendant has
been made out which if not rebutted would warrant his conviction
the Court shall discharge him.
(2) The Court may discharge the defendant at any
previous stage of the case if for reasons to be recorded by the
Court it considers the charge to be groundless.
Provided that the prosecution shall not commence
further proceedings in Court against the person so discharged in
respect to the same matter unless the prosecution satisfies the
Court that there is fresh evidence justifying further proceedings.

69
 148. Where the evidence referred to in Section 146 of this Charge to be
framed when
Law and the examination referred to in Section 147 of this Law offence appears
have been taken and made or at any previous stage of the case to have been
the Court is of the opinion that there is ground for presuming that committed
the defendant has committed an offence triable under this
chapter, which such Court is competent to try and which in the
opinion of the Court could be adequately punished, the Court
shall frame a charge declaring what offence the defendant is
charged and then proceed as provided in this Law.
149.(1) Where the Court is of the opinion that the offence Plea
is one which having regard to Section 148 of this Law it should
try itself, the charge shall be read and explained to the defendant
and he shall be asked whether he is guilty or has any defence to
make.
(2) Where the defendant pleads guilty, the Court shall
record the plea and may in its discretion convict him on it.
(3) The Court shall before convicting on a plea of guilty
satisfy itself that the defendant has clearly understood the
meaning of the charge and all its details and essentials and also
the effect of his plea.

150.(1) Where the defendant pleads not guilty or makes no Defence

plea or refuses to plead, he shall be required to state whether he
wishes to crosss examine or further cross examine any witness
and if so, which of the witnesses for the prosecution whose
evidence has been taken.
(2) The evidence of any remaining witnesses for the
prosecution shall next be taken and after cross-examination and
re-examination, if any, they shall also be discharged.
(3) The defendant shall be called upon to enter his
defence and produce his evidence.
(4) Where the defendant puts in any written statement,
the Court shall file it with the record.
(5) The complainant or prosecutor may cross-examine
any witnesses produced for the defence and the defendant may
re-examine them.
70
 151.(1) The defendant may apply to the Court to issue any Process for
compelling
process for compelling the attendance of any witness for the production of
purpose of examination or the production of any document or evidence at
other thing and the Court shall issue such process unless for instance of the
reasons to be recorded by it in writing it considers that the defendant
application is made for the purpose of vexation or delay or
defeating the ends of justice.
(2) The Court may before summoning any witness on
an application under Sub-Section (1) of this Section require that
reasonable expenses incurred by such witness in attending for
the purposes of the trial be deposited in Court.
152.(1) Where in any case under this chapter in which a Procedure after
Finding
charge has been framed the Court finds the defendant not guilty,
it shall record an order of acquittal.
(2) Where in any case under this chapter in which a
charge has been framed the Court finds the defendant guilty, it
shall announce its finding and shall thereafter, where the
defendant has not previously called any witness to character, call
upon him to produce such witness if he so desires and, if he
wishes to make a statement in mitigation of punishment.
(3) The record of the defendant’s previous conviction, if
any, if it has not already been put in evidence, shall be produced
and if necessary proved by the police.
(4) The Court shall pass sentence upon the defendant
according to Law.
153. When the proceedings have been instituted upon Absence of
complainant
complaint and upon any day fixed for the hearing of the case the
complainant is absent, the Court may in its discretion
notwithstanding anything contained in this Law at any time
before the charge has been framed discharge the defendant.

71
 154.(1) Where, in any case instituted by complaint as Frivolous or
vexatious
defined in this Law or upon information given to a police officer accusation
or a Court and heard under this chapter, the Court discharges or
acquits the defendant and is satisfied that the accusation against
him was frivolous or vexatious, the Court may in its discretion by
its order of discharge or acquittal direct the complainant or
informant to pay to the defendant, or to each of the defedants
where there are more than one, such compensation not
exceeding Thirty Thousand Naira (N30,000.00) to each such
defendant as the Court thinks fit and may award a term of
imprisonment not exceeding three months in the aggregate in
default of payment, and the provisions of Sections 37 and 38 of
the Penal Code shall apply as if such compensation were a fine.
(2) Before making any decision under Sub-Section (1)
the Court shall:
(a) record and consider any objections which
the complainant or informant may urge
against the making of the direction; and
(b) state in writing in its order of discharge or
acquittal its reasons for awarding the
compensation.
(3) Compensation awarded under this Section may be
recovered as if it were a fine.
(4) Any person directed to make a payment of
compensation under this Section may appeal from the direction
as if he had been convicted after trial by the Court.

72
 CHAPTER 15
BAIL
155.(1) When any person accused of an offence punishable When bail to be
Granted
with imprisonment whether with or without fine for a term not
exceeding three (3) years or with fine only is arrested or detained
without warrant by an officer in charge of a police station or
appears or is brought before a Court and is prepared at any time
while in the custody of that officer or before that Court to give
such security as may seem sufficient to the officer or Court, such
person shall be released on bail unless the officer or Court for
reasons to be recorded in writing considers that by reason of the
granting of bail the proper investigation of the offence would be
prejudiced or a serious risk of the defendant escaping from
justice be occasioned.
(2) The officer or Court referred to in Sub-Section (1)
of this Section if he or it thinks fit may instead of accepting
security from such person discharge him on his executing a bond
without sureties for his appearance as provided in Sections 158
and 159 of this Law.
156.(1) A suspect arrested, detained or charged with an When bail may be
taken in respect
offence punishable with death shall not be released on bail. He of unbailable
may however be admitted to bail by a judge of the High Court offence
only under exceptional circumstances.
(2) For the purpose of exercise of discretion in sub-section
(1) of this section, an execptional circumstance includes:
(a) ill health of the applicant which shall be confirmed
and certified by a qualified Medical Doctor
employed in Government Hospital, provided that
the suspect is able to prove that there are no
medical facility to take care of his illness by the
authority detaining him;
(b) extra-ordinary delay in the investigation,
arraignment and prosecution; or
(c) any other circumstances that the judge may, in
the particular facts of the case consider
exceptional.
73
 (3) Persons accused of an offence punishable with
imprisonment for a term exceeding three (3) years shall not
ordinarily be released on bail; nevertheless the Court may upon
application, release on bail a person accused as aforesaid if it
considers:
(a) that by reason of the granting of bail the
proper investigation of the offence would
not be prejudiced;
(b) that no serious risk of the defendant
escaping from justice would be
occasioned; and
(c) that no grounds exist for believing that
the defendant, if released, would commit
an offence.
157.(1) Where any person is accused of an offence a single Power of High
Court to direct
Judge of the High Court may, subject to the provisions of Section release on bail
156 of this Law, direct that such person be admitted to bail.
(2) When any person is convicted of an offence by
Court and appeals from such Court to the High Court, the High
Court or a single Judge thereof may, subject to the provisions of
Section 156 of this Law, direct that such person be admitted to
bail.
158. Any Court may at any subsequent stage of any Power to arrest
person released
proceeding under this Law cause any person who has been on bail
released under Sections 155, 156 or 157 to be re-arrested and
may commit him to custody.
159. A Judge of the High Court may in any case direct that Power of Court to
order reduction of
the bond required by an officer in charge of a police station or bond
any Court be reduced.

74
 160. Before any person is released under Sections 155, Bond of
defendant and
156 or 157 of this Law he shall execute a bond for such sum of sureties.
money as the officer in charge of the police station or the Court
thinks sufficient on condition that such person shall attend at the
time and place mentioned in the bond and shall continue so to
attend until otherwise directed by the Court and if he is released
on bail, the sureties shall execute the same or another bond or
other bonds containing conditions to the same effect.

Provided that nothing in this Law shall prevent a woman

from standing as a surety.
161.(1) As soon as a bond referred to in Section 160 of this Discharge from
Custody
Law has been executed, the person for whose appearance it has
been executed shall be released, and if he is under custody, the
Court admitting him to bail shall issue a written Order of release
to the official in charge of the Custodial Centre and such official
on receipt of the Order shall release him.
(2) Nothing in Sections 155 and 156 of this Law shall be
deemed to require the release of any person liable to be detained
for some matter other than that in respect of which the bond was
executed.
162. When any person is required by any Court or officer Deposit instead of
bond
in charge of a police station to execute a bond with or without
sureties, the Court or officer may, except in the case bonds to be
executed under Chapter 22, permit him to deposit a sum of
money to such amount as the Court or officer may think fit in lieu
of executing such bond.
163. When the person required to execute a bond is under Bond required
from a person
eighteen years of age, a bond executed by a surety or sureties under eighteen
only may be accepted. 18 years

164.(1) The amount of every bond shall be fixed with due Amount of bond
not to be
regard to the circumstances of the case and shall not be excessive
excessive.

75
 (2) If through mistake, fraud or otherwise, insufficient
sureties have been accepted or if the sureties afterwards become
insufficient, the Court may issue a warrant for the arrest of the
person on whose behalf the sureties executed the bond and,
when that person appears, the Court may order him to find
sufficient sureties and on his failing to do so may make such
order as in the circumstances is just and proper.
165. Where a person has been admitted to bail and Reconsideration
of bail
circumstances arise which in the opinion of the Attorney-General
would justify the Court in cancelling the bail or requiring bail of
greater amount, a Court may, on application being made by the
Attorney-General, issue a warrant for the arrest of the person
and, after giving him an opportunity of being heard, may either
commit him to custody to wait trial, or admit him to bail for the
same or an increased amount.
166.(1) All or any sureties to a bond may at any time apply Discharge of
Sureties
to the Court which caused the bond to be taken to discharge the
bond either wholly or so far as relates to the applications.
(2) On an application under Sub Section (1) of this
Section, the Court shall issue a warrant for the arrest of the
person on whose behalf the bond was executed and upon his
appearance shall discharge the bond either wholly or so far as it
relates to the applications and shall require such person to find
other sufficient sureties and, if he fails to do so, may make such
order as in the circumstances is just and proper.

167. When a surety to a bond dies before his bond is Discharge of

sureties estate
forfeited, his estate shall be discharged from all liability under the
bond, but the person on whose behalf such surety executed the
bond may be required to find a new surety and in such case the
Court may issue a warrant for the arrest of such person and upon
his appearance may require him to find a new surety and if he
fails to do so, may make such order as in the circumstances is
just and proper.

76
 168. If a person required by a Court to find sufficient Order of the
Court committing
sureties under Sections 165, 166 or 167 of this Law fails to do so the defendant to
the Court, unless it is just and proper in the circumstances to custody
make some other order, shall make:
(a) in the case of person ordered to give
security for good behaviour under Section
264 or 265 of this Law, an order
committing him to custody for the
remainder of the period for which he was
originally ordered, to give, surety or until
he finds sufficient sureties; or
(b) in the case of a person accused of an
offence and released on bail under Section
155 of this Law an order committing him
to custody until he is brought to trial or
discharge.
169.(1) Whenever it is proved to the satisfaction of the Procedure for
forfeiture of bond
Court which a bond has been taken or when the bond is for
appearance before a Court to the satisfaction of such Court, that
a bond has been forfeited, the Court shall record the grounds of
such proof and may call upon any person bound by the bond to
pay the penalty thereof or to show cause why it should not be
paid.
(2) If sufficient cause is not shown and the penalty is
not paid, the Court may proceed to receover the same from any
person bound or from his estate if he is dead in the manner laid
down in Section 303 of this Law for the recovery of fines.
(3) A surety shall only be liable under this Section if the
surety dies, after the bond is forfeited.
(4) If the penalty is not paid and cannot be recovered
in manner aforesaid, the person bound shall be liable by order of
the Court which issued the warrant under Section 303 of this Law
to imprisonment for a term which may extend to six months.
(5) The Court may at its discretion remit any portion of
the penalty and enforce payment in part only.

77
 170. When a person who is bound by any bond to appear Arrest on breach
of bond for
before a Court does not so appear, the Court may issue warrant appearance
for his arrest.

CAHPTER 16
PLEA BARGAIN

171.(1) Notwithstanding anything in this Law or any other

law, the prosecutor may:
Plea bargain
(a) receive and consider a plea bargain from a guidlines
defendant charged with an offence either directly
from that defendant or on his behalf; or
(b) offer a plea bargain to a defendant charged with
an offence.

(2) The prosecution may enter into plea bargain with

the defendant during or after the presentation of the evidence of
the prosecution, but before the presentation of the evidence of
the defence, provided that in any offence affecting the human
body, the consent of the victim or his representative must first be
sought and obtained before entering into a plea bargain.

(3) Where the prosecutor is of the view that the offer

and acceptance of the plea bargain is in the interest of justice,
the public interest, public policy and need to prevent abuse of
legal process, he may offer or accept the plea bargain.

(4) The prosecutor and the defendant or his legal

practitioner may, before the plea to the charge, enter into an
agreement in respect of:

(a) the terms of the plea bargain which may include

the sentence recommended within the
appropriate range of punishment stipulated for
the offence or a plea of guilty by the defendant
to the offence charged or a lesser offence that he
may be convicted on the charge; and

78
 (b) an appropriate sentence to be imposed by the
Court where the defendant is convicted of the
offence to which he intends to plead guilty.

(5) The prosecutor may only enter into an agreement

contemplated in Sub-Section (4) of this Section:

(a) after consultation with the victim or his

representative; and
(b) with due regard to the nature of and
circumstances relating to the offence, the
defendant and the public interest;

Provided that, in determining whether it is in the public

interest to enter into a plea bargain, the prosecution shall weigh
all the relevant factors, including:

i. the defendant’s willingness to coorperate

in the investigation or prosecution of
others by providing relevant informations
for the prosecution of other defendants;
ii. the defendant’s history with respect to
criminal activity;
iii. the defendant’s remorse or contrition
and his willingness to assume
responsibility for his conduct;
iv. the desirability of prompt and certain
disposition of the case;
v. the likelihood of obtaining a conviction at
trial and the Probable effect on
witnesses;
vi. the probable sentence or the other
consequence if the defendant is
convicted;
vii. the need to avoid delay in the disposition
of other pending cases;
viii. the expense of trial and appeal; and

79
 ix. the defendant’s willingness to make
restitution or return the proceeds of
crime or pay compensation to the victim
where appropriate.

(6) The prosecution shall afford the victim or his

representative the opportunity to make representations to the
prosecution regarding:

(a) the content of the agreement; and

(b) the inclusion in the agreement of a compensation
or restitution order.
(7) An agreement between the parties contemplated in
Sub-Section (4) of this Section shall be reduced to writing and
shall:

(a) state that, before conclusion of the agreement,

the defendant has been informed:

i. that he has a right to remain silent;

ii. of the consequences of not remaining silent; and
iii. that he is not obliged to make any confession or
admission that could be used in evidence against
him;

(b) state fully, the terms of the agreement and any

admission made;
(c) be signed by the prosecutor, the defendant, the
legal practitioner and interpreter, as the case may
be; and
(d) a copy of the agreement forwarded to Attorney
General.

(8) The Presiding Judge or Magistrate before whom the

criminal proceedings are pending shall not participate in the
discussion contemplated in Sub-Section (4) of this Section.

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 (9) Where a plea agreement is reached by the
prosecution and the defendant, the prosecutor shall inform the
Court that the parties have reached an agreement and the
Presiding Judge or Magistrate shall then enquire from the
defendant to confirm the terms of the agreement.

(10) The Presiding Judge or Magistrate shall ascertain

whether the defendant admits the allegation in the charge to
which he has pleaded guilty and whether he entered into the
agreement voluntarily and without undue influence and may
where;
(a) he is satisfied that the defendant is guilty of the
offence to which he has pleaded guilty, convict
the defendant on his plea of guilty to that
offence, and shall award the compensation to the
victim in accordance with the terms of the
agreement which shall be delivered by the Court;
or
(b) he is for any reason of the opinion that the
defendant cannot be convicted of the offence in
respect of which the agreement was reached and
to which defendant has pleaded guilty or that the
agreement is in conflict with the defendant’s right
referred to in Sub-Section (7) of this Section, he
shall record a plea of not guilty in respect of such
charge and order that the trial proceed.

(11) Where a defendant has been convicted under Sub-

Section (10)(a), the Presiding Judge or Magistrate shall consider
the sentence as agreed upon and where he is;

(a) satisfied that such sentence is appropriate,

impose the sentence;
(b) of the view that he will have imposed a lesser
sentence than the sentence agreed, impose the
lesser sentence; or
(c) of the view that the offence requires a heavier
sentence than the sentence agreed upon, he shall
inform the defendant of such heavier sentence he
considers to be appropriate.
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 (12) The Presiding Judge or Magistrate shall make an
order that any money, asset or property agreed to be forfeited
under the plea bargain shall be transferred to and vest in the
victim or his representative or any other person as may be
appropriate or reasonably feasible.

(13) Notwithstanding the provisions of Sheriffs and Civil

Process Law the prosecutor shall take reasonable steps to ensure
that any money, asset or property agreed to be forfeited or
returned by the offender under a plea bargain are transferred to
or vested in the victim, his representative or other person lawfully
entitled to it.

(14) Where the defendant has been informed of the heavier

sentenced as contemplated in Sub-Section (11)(c) of this Section,
the defendant may:

(a) abide by his plea of guilty as agreed upon and subject

to the defendant’s right to lead evidence and present
argument relevant to sentencing, the Presiding Judge
or Magistrate proceed with the sentencing; or
(b) withdraw from his plea agreement, in which event the
trial shall proceed denovo before another Presiding
Judge or Magistrate, as the case may be.

(15) Where a trial proceeds as contemplated under Sub-

Section (14) (b);

(a) no references shall be made to the agreement;

(b) no admission contain therein or statements relating
thereto shall be admissible against the defendant; and
(c) the Prosecutor and the defendant shall not enter into
a similar plea and sentence agreement.

82
 CHAPTER 17
CHARGES
172. Charges may be as in the forms set out in Appendix B Forms of charges
modified in such respects as may be necessary to adapt them to
the circumstances of each case.
173.(1) Every charge under this Law shall state the offence Contents of
Charge
with which the defendant is charged.
(2) If the Law which creates the offence gives it any
specific name, the offence may be described in the charge by
that name only.
(3) If the Law which creates the offence does not give
it any specific name, so much of the definition of the offence
must be stated as to give the defendant notice of the matter with
which he is charged.

(4) The Law and Section of the Law against which the
offence is said to have been committed shall be mentioned in the
charge.
(5) The fact that the charge is made is equivalent to a
statement that every legal condition required by Law to constitute
the offence charged was fulfilled in the particular case.

174. The charge shall contain such particulars as to the Particulars as to

time, place and
time and place of the alleged offence and the person, if any, person
against whom, or the thing, if any, in respect of which, it was
committed are reasonably sufficient to give the defendant notice
of the matter with which he is charged.
175. Where the defendant is charged with criminal breach Charge of
criminal breach
of trust or criminal misappropriation of money, it shall be of trust
sufficient to specify the gross sum in respect of which the offence
is alleged to have been committed and the dates between which
the offence is alleged to have been committed without specifying
particular items or exact dates, and the charge so framed shall be
deemed to be a charge of a single offence.

83
 176. Where the defendant is charged with falsification of Charge of
falsification of
accounts under Section 348 of the Penal Code it shall be Accounts
sufficient to allege a general intent to defraud without naming
any particular person intended to be defrauded or specifying any
particular sum of money intended to be the subject of the fraud
or any particular day on which the offence was committed.

Charge to contain
177. Where the nature of the case is such that the particulars
particular mentioned in Sections 175 and 176 of this Law do not
give the defendant sufficient notice of the matter with which he is
charged, the charge shall also contain such particulars of the
manner in which the alleged offence, was committed as will be
sufficient for that purpose.
Illustration:
(a) A is accused of theft of a certain article at
a certain time and place. The charge need
not set out the manner in which the theft
was effected.
(b) A is accused of cheating B at a given time
and place. The charge must set out in the
manner in which A cheated B.
(c) A is accused of giving false evidence at a
given time and place. The charge must set
out that portion of the evidence given by
A which is alleged to be false.
178. No error in stating either the offence or the Effects of error
particulars required to be stated in the charge and no omission to
state the offence or those particulars shall, be regarded, at any
stage of the case as material, unless the defendant was in fact
misled by such error or omission and it has occasioned a failure
of justice.

84
Illustration:
(a) A is charged with cheating B, and the
manner in which he cheated B is not set
out in the charge or is set out incorrectly.
A defends himself, calls witnesses and
gives his own account of the transaction.
The Court or the appellate authority may
infer from this that the omisison to set out
the manner of the cheating is not
material.
(b) A is charged with cheating B, and the
manner in which he cheated B is not set
out in the charge. There were many
transactions between A and B, and A had
no means of knowing to which of them
the charge referred and offered no
defence. It may be inferred from such
facts that the omission to be set out in the
manner of the cheating was in this case a
material error.
(c) A is charged with the murder of Audu
Kano on the 21st January, 1960. In fact
the murdered person’s name was Audu
Kano and the date of the murder was the
20th January, 1960: A was only charged
with one murder and was present at the
inquiry before the Magistrate, which
referrred exclusively to the case of Audu
Kano. It may be inferred from these facts
that A was not misled and that the errors
in the charge were immaterial.

85
 (d) A was accused of murdering Audu Karo on
the 20th January, 1960 and Audu Kano
(who tried to arrest him for that murder)
on the 21st January, 1960. He was upon a
charge referring to the murdered man as
Audu Karo, tried for the murder of Audu
Kano, The witness present in his defence
were witness in the case of Audu Karo. It
may be inferrred from this that A was
misled and that the error was material.

179.(1) Where any person is being tried by any Court on an Variation of

Charge
imperfect or erroneous charge, the Court may permit or direct
the framing of a new charge or add to or otherwise alter the
original charge.

(2) Every such alteration or addition or new charge

shall be read and explained to the defendant and his plea thereto
shall be taken.
Illustration:
(a) A is charged with receiving stolen property
knowing it to be stolen. During the trial it
incidentally appears that he has in his
possession house breaking implements. A
charge of lurking with house breaking
implements under Section 337 of the
Penal Code cannot be added.
(b) A is charged with forging a valuable
security under Section 341 of the Penal
Code. A charge of fabricating false
evidence under Sections 120, 121 or 122
of the Penal Code, as the case may be
may be added.
180.(1) Any Court may alter or add to any charge or frame Court may alter
charge
a new charge at any time before judgment is pronounced.
(2) Every such alteration or addition or new charge
shall be read and explained to the defendant and his plea to it
shall be taken.
86
 181. Where the charge as revised under Sections 179 or When Court may
proceed with trial
180 of this Law is such that proceeding immediately with the trial immediately after
is not likely in the opinion of the Court to prejudice the defendant altering, adding
in his defence or the prosecutor, if any, in the conduct of the to or framing
case, the Court may in its discretion forthwith proceed with the charge
trial as if the charge so revised had been the original charge.
182. Where the revised charge is such that proceeding When new trial
may be directed
immediately with the trial is likely in the opinion of the Court to or trial suspended
prejudice the defendant in his defense or the prosecutor, if any in
the conduct of the case, the Court may either direct a new trial or
adjourn the trial for such period as may be necessary.
183. Whenever a charge is revised by the Court after the Recall of witness
when charge
commencement of the trial, the prosecutor and the defendant revised
shall be allowed to recall and examine with reference to such
revision any witness who may have been examined and also to
call any further witness whom the Court may consider to be
material.

184. For every distinct offence of which any person is Separate charges
for distinct
accused there shall be a separate charge and every charge shall offenders
be tried separately, except in the cases mentioned in Sections
185, 186, 187, 188 and 193 of this Law.

Illustration: A is accused of theft on one occasion and of

causing grievous hurt on another occasion A must be separately
charged and separately tried for the theft and for causing
grievous hurt.

185. Where a person is accused of several offences of the Offences of like

character may be
same or similar character he may be charged with and tried at charged together
one trial for any number of them, but if the Court before the trial
or at any stage of the trial before judgment is pronounced,
considers that he may be prejudiced or embrassed in his defence
by such procedure or that for any other reason it is desirable to
do so, the Court may order a separate trial of any one or more of
such charges.

87
 186.(1) Where a series of acts so connected together as to Acts forming the
same transaction
form the same transaction is alleged, the defendant may be
charged with and tried at one trial for every offence which he
would have committed if all of such acts or some one or more of
them without the rest were proved.
(2) In passing sentence the Court shall have regard to
Section 33 of the Penal Code.
Illustrations:
(a) A, an accountant, commits criminal breach
of trust and to conceal his offence falsifies
his accounts. A may be separately charged
with and tried at one trial for criminal
breach of trust under Section 297 of the
Penal Code and falsification of accounts
under Section 347 of the Penal Code;
(b) A commits robbery on B and on doing so
voluntarily causes hurt to him. A may be
separately charged with and tried at one
trial for offences under Sections 218, 281
and 283 of the Penal Code.
187. Where a series of acts is of such nature that it Charge for
alternative
appears that an offence was committed on one of several offences
occasions but it is doubtful whether the facts which can be
proved will show on which occasion an offence was committed
the defedant may be charged with having committed an offence
alternatively on one or other of such occasions.

Illustration: A states on oath before the Magistrate at the

inquiry that he saw B hit C with a club. Before the High Court A
states on oath that B never hit C. A may be charged in the
alternative and convicted of intentionally giving false evidence,
although it cannot be proved which of these contradictory
statements was false.

88
 188. Where a single act or series of acts is of such a nature When it is
doubtful on which
that it is doubtful which of several different offences the facts occasion an
which can be proved will constitute, the defendant may be offence has been
charged with having committed all or any one or more of such committed
offences and any number of such charges may be tried together
or he may be charged in the alternative with having committed
one or other of the said offences.

Illustration: A is accused of an act which may amount to

theft or receiving stolen property or criminal breach of trust. He
may be charged
(a) with theft and receiving stolen property
and criminal breach of trust; or
(b) with theft or receiving stolen property or
criminal breach of trust alternatively; or
(c) with one or two of these offences omitting
the other or one of them.

189. Where in the case mentioned in Section 188 of this When person
charged with one
Law the defendant is charged with one offence and it appears in offence may be
evidence that he committed a different offence with which he convicted for
might have been charged under the provisions of that Section, he another
may be convicted of the offence which he is shown to have
committed although he was not charged with it.

Illustration:
(a) A is charged with stealing a bicycle. It is
proved that he received the bicycle
knowing it to have been stolen. A may be
convicted of receiving stolen property
although he was not charged with that
offence.
(b) A is charged with stealing a wireless set
and it is proved in evidence that he
obtained the wireless set by means of a
criminal breach of trust. A may be
convicted of criminal breach of trust
although he was not charged with that
offence.

89
 (c) A is charged with rape and it is proved in
evidence that he committed an act of
gross indecency. A may be convicted of
committing an act of gross indencency
although he was not charged with that
offence.
(d) A, a woman, is charged with culpable
homicide punishable with death, in fact it
is apparent in evidence that she killed her
child who was under the age of twelve
months while the balance of her mind was
disturbed by reason of her not having fully
recovered from the effect of giving birth to
the child. A may be convicted of culpable
homicide not punishable with death.
(e) A is charged with causing grievous hurt to
Z and it is proved in evidence that A in
fact abetted B to cause the grievous hurt
to Z. If at the time of framing the charge
A could have been charged with abetting
the offence, A may be convicted of
abetment.

190.(1) Where a person is charged with an offence Conviction of

lesser offence
consisting of several particulars, a combination of some only of where greater
which constitutes a complete lesser offence, and such offence is
combination is proved but the remaining particulars are not charged
proved, he may be convicted of the lesser offence though he was
not charged with it.

(2) Where a person is charged with an offence and

facts are proved which reduce it to a lesser offence, he may be
convicted of the lesser offence although he is not charged with it.

191. Where a person is charged with an offence he may be Conviction for

attempt not
convicted of an attempt to commit such an offence although the separately
attempt is not separately charged. charged

90
 192.(1) When more than one charge is framed against the Withdrawal of
remaining
same person, and when a conviction has been obtained on one charges on
or more of them, the complainant or the officer conducting the conviction on one
prosecution may, with the consent of the Court, withdraw the of several
remaining charge or charges, or the Court of its accord may stay charges
the trial of such charges.
(2) A withdrawal under Sub-Section (1) shall have the
effect of an acquittal on the remaining charge or charges referred
to in that Sub-Section unless the conviction be set aside on
appeal or on review in which case the Court, subject to any order
of the Court setting aside the convictions, may proceed with the
trial of the charge or charges so withdrawn.

193. The following persons may be charged and tried When person may
be charged jointly
together, namely:
(a) Persons accused of the same offence
committed in the cause of the same
transaction;
(b) persons accused of an offence and
persons accused of abetment or of an
attempt to commit the same offence;
(c) persons accused of more than one offence
of the same character, committed by them
jointly;
(d) persons accused of different offences
committed in the course of the same
transaction;
(e) persons accused of offences which include
theft, extortion or criminal
misappropriation and persons accused of
receiving or retaining or assisting in the
disposal or concealment of property, the
possession of which has been transferred
by offences committed by the first named
persons, or of abetment of or attempting
to commit any of the last named offences;

91
 (f) persons accused of offences under
Sections 300 and 302 of the Penal Code or
either of those Sections in respect of
stolen property the possession of which
has been transferred by one offence; and
(g) persons accused of offences committed
during a fight or series of fights arising out
of another fight, and persons accused of
abetting any of these offences.

Illustrations:
(a) A and B are accused of the same
homicide. A and B may be charged and
tried together for that homicide;

(b) A and B are accused of housebreaking by

night in the course of which A commits
culpable homicide with which B has
nothing to do. A and B may be tried
together on a charge, charging both of
them with house-breaking by night and A
on a separate charge with culpable
homicide;
(c) A and B are both charged with theft and B
is charged with two other thefts
committed by him in the course of the
same transaction. A and B may be tried
together on a charge, charging both for
the same theft and B alone with the two
other thefts.
Effect of error in
194. An error in stating the offence or the particulars stating the
required to be stated in a charge or an omission to state the offence or
offence or those particulars, or any duplicity, mis-joinder or non- particulars of the
joinder of the particulars of the offence shall not be regarded at offence.
any stage of the case as material unless the defendant was infact
misled by the error or omission.

92
 195. After the plea has been taken the defendant may raise Objection to a
charge.
any objection to the validity of the charge at any time before
judgment provided that any such objection shall only be
considered along with the substantive issue and a ruling thereon
made at the time of delivery of judgment.

196.(1) Where any Appellate Court is of the opinion that Effect of material
error
any person convicted of an offence was misled in his defence by
the absence of a charge, or by an error in the charge, and it has
occasioned a miscarriage of justice, it may direct for a re-trial.

(2) If the Court is of opinion that the facts of the case

are such that no valid charge could be preferred against the
defendant in respect of the facts it shall quash the conviction;

Illustration:
A is convicted under Section 123 of the Penal Code of an
offence of using as genuine evidence that which he knew to be
false. The charge omits to state that he knew the evidence, which
he used or attempted to use as true or genuine, was false or
falsified. If the Court thinks it probable that A had such
knowledge and that he was misled in his defence by the omission
from the charge of the statement that he had it, it shall direct a
new trial upon an amended charge; but if it appears probable
from the proceedings that A had no such knowledge it shall
quash the conviction.

CHAPTER 18
TRIALS BY THE HIGH COURT

197. Trial shall be held in the High Court on a charge filed Initiation of trial
by:
(a) the Attorney General of the state or a Law Officer
in the office of the Attorney General;
(b) any other Legal Practitioner authorized by the
Attorney General;
(c) by the Attorney General of the Federation or
Officer in his department prosecuting certain federal offences;
and
93
 (d) other Legal Practitioners deriving authority from
the Attorney General of the Federation or enactment of the
National Assembly.
Filing of charge
198. No person shall be tried by the High Court unless:
(a) a charge is preferred against him; or
(b) a charge of contempt is preferred against him in
accordance with the provisions of Section 313 or Section 314 of
this Law.

199. Where a person is accused of an offence punishable Representation by

a legal
with death, and the defendant is not defended by a Legal practitioner in
Practitioner the court shall assign a legal practitioner for his capital offence
defence.
Commencement
200.(1) When the High Court is ready to commence the of trial
trial, the defendant shall appear or be brought before it and the
charge shall be read out in court and explained to him and he
shall be asked whether he is guilty or not guilty of the offence or
offences charged.

(2) Where the defendant pleads guilty, the plea shall be

recorded and he may in the discretion of the court be convicted
on that plea unless the offence charged is punishable with death
when the presiding judge shall enter a plea of not guilty on behalf
of the defendant.

201. Where the defendant pleads not guilty or makes no Plea of not guilty
plea or refuses to plea or if the judge enters a plea of not guilty or no plea
on behalf of the defendant, the court shall proceed to try the
case.

202.(1) After a plea of not guilty has been taken or no plea Presentation of
case by
has been made the prosecutor may open the case against the prosecution
defendant stating shortly by what evidence he expects to prove
the guilt of the defendant.

94
 (2) The prosecutor shall then examine the witnesses for
the prosecution who may be cross-examined by the defendant
stating shortly by what evidence he expects to prove the guilt of
the defendant.

(3) The court may ask any question it may deem

necessary for the proper determination of the case.

203.(1) After witnesses for the prosecution have been Procedure after
conclusion of
heard in accordance with the provision of Section 202(2) of this evidence for
Law, the defendant may be examined as provided in Section 205 prosecution
of this Law and he shall be asked:
(a) Whether he wishes to give evidence on his own
behalf as provided in Section 205 of this Law; and
(b) Whether he intends to call witnesses other than
witnesses to character.

(2) Where the defendant sees that he does not intend

to call any witness other than witnesses to character, the
prosecutor, if any may sum up his case against the defendant
and the court will call upon the defendant to enter the defence.

(3) Notwithstanding the provisions of sub-section (2) of this

section, the court may, after hearing the evidence for the
prosecution if it consider that the evidence against the defendant
or any of several defendant is not sufficient to justify the
continuation of the trial, record a finding of not guilty in respect
of such defendant without calling upon him or them to enter
upon the defence and such defendant shall there upon be
discharged and the court shall call upon the remaining defendant,
if any, to enter upon the defence.

(4) Where the defendant or any one of several

defendants says that he intends to call any witness other than a
witness to character, the Court shall call upon the defendant to
enter upon defence.

95
 (5) Notwithstanding the provisions of Sub-Section (4) of
this Section, the Court may, before calling upon the defendant to
enter upon the defence, call upon the prosecutor to sum up his
case against any one or more of the defendants against whom it
consider that the evidence is not sufficient to justify the
continuation of the trial and after hearing the summing up, if any,
may in its discretion record a finding of not guilty in respect of
any such defendant or call upon them to enter upon his or their
defence.

204.(1) Where the defendant or his legal practitioner makes No case

a no case submission in accordance with the provision of this Submission by
the defence and
Law, the Court shall call on the prosecutor to reply. reply by
prosecution
(2) The defendant or his legal practitioner has the right
to reply to any new point of law raised by the prosecutor, after
which, the Court shall give its ruling.

(3) In considering the application of the defendant

under this Section, the Court shall, in the exercise of its
discretion, have regard to whether:

(a) an essential element of the offence has

been proved;
(b) there is evidence linking the defendant
with the commission of the offence with
which he is charged;
(c) the evidence so far led is such that no
reasonable Court or tribunal would convict
on it; and
(d) any other ground on which the Court may
find that a prima facie case has not been
made out against the defendant for him to
be called upon to answer.

96
 205.(1) When the Court calls upon the defendant to enter Defence
upon the defence, the defendant or his counsel may open his
case stating the fact or law on which he intends to rely and
making such comment as he thinks necessary on the evidence for
the prosecution, and the defendant may give evidence on his on
behalf, examine his witnesses, if any, the defendant or his
counsel may sum up his case.

(2) the defendant shall be allowed to examine any

witness not previously named by him if such witness is in
attendance, but shall not, except as provided in Section 183 of
this Law, be entitled of right to have any witness summoned
other than the witnesses named.

(3) Where the defendant wishes to call a witness who is

not present in court and in respect of whom he has not given
notice and if the Court is satisfied that the absence of the witness
is not due to any fault or neglect of the defendant and that it is
likely that such witness could if present give factual evidence, the
Court may adjourn and take steps to compel the attendance of
such witness.

206.(1) Where the defendant or any of the defendants calls Prosecutor’s right
to reply
any witness other than to character or any document other than
the document relating to character is put in evidence for the
defence, the prosecutor shall be entitled to reply.

(2) Where the defendant has called only evidence for

character, the prosecutor may at the close of the case for the
defence adduce the evidence of previous conviction of the
defendant.

(3) Notwithstanding the provision of Sub-Section (1)

and (2), in any case with the leave of the Court the prosecutor
may be heard in reply on a point of law or, where none of the
defendants has called evidence other than to character but any of
them has introduced a new matter in his statement to the court,
on such new matter.

97
 207. When the case for the defence and the prosecutor’s Consideration of
finding
reply, if any, are concluded and the Court does not desire to put
any further questions to the defendant, the Court shall retire or
adjourn to consider its finding.
Announcement of
208. After the Court has made its finding the Court shall finding.
announce that finding.

209.(1) Where the finding is guilty the defendant shall, if he Procedure for
finding guilty
has not previously called any witnesses to character be asked
whether he wishes to call any such witnesses and after such
witnesses, if any, have been heard he shall be asked whether he
desires to make any statement in mitigation of punishment.

(2) After the defendant has made his statement if any,

in mitigation of punishment the prosecution shall, unless such
evidence has already been given, produce evidence of any
previous conviction of the defendant.

210. When the provision of Sub-Section (2) of Section 209 Sentence

has been complied with the Court may retire or adjourn to

consider the sentence and the Court shall, having determined the
sentence, announce the same in open court.
Recommendation
211. The Court may in any case in recording sentence make for mercy
a recommendation for mercy but in such case shall give the
reasons for its recommendation.

CHAPTER 19
PREVIOUS ACQUITTALS AND CONVICTIONS
212.(1) A person who has once been tried by a Court of Person once
convicted or
competent jurisdiction for an offence and convicted or acquitted acquitted not to
of that offence shall, while such conviction or acquittal remains in be tried for same
force, not be liable to be tried again for the same offence nor on offence
the same facts for any other offence for which a different charge
from the one made against him might have been made under
Section 188 or of which he might have been convicted under
Section 189 of this Law.
98
 (2) A person convicted, of any offence constituted by
any act causing consequencies, which together with such act
constituted a different offence from that of which he was
convicted, may be afterwards tried for such last mentioned
offence if the consequences had not happened or were not
known to the Court to have happened at the time when he was
convicted.
(3) A person acquitted or convicted of any offence
constituted by any acts may, notwithstanding such acquittal or
conviction, be subsequently charged with and tried for the same
or any other offence constituted by the same acts which he may
have committed, if the Court by which he was first tried was not
competent to try the offence with which he was charged.
Illustrations:
(a) A is tried upon a charge of theft as a servant and
acquitted. He cannot afterwards, while the acquital
remains in force, be charged upon the same facts either
with theft as a servant or with the theft simply or with
criminal breach of trust.
(b) A is tried upon a charge of culpable homicide and
acquitted. There is no charge of robbery, but it appears
from the facts that A committed robbery at the time
when the killing was committed. He may afterwards be
charged with and tried for robbery;
(c) A is tried for causing grievous hurt and convicted. The
person injured afterwards dies. A may be tried for
culpable homicide;
(d) A is charged before the High Court and convicted of
culpable homicide not punishable with death in respect
of B, A may not while the conviction remains in force
afterwards be tried on the sme facts for culpable
homicide punishable with death in respect of B;
(e) A is charged with and convicted of voluntarily causing
hurt to B. A, may not while the conviction remains in
force afterwards be tried for voluntarily causing grievous
hurt to B on the same facts, unless the case comes
within Sub-Section (2) of this section.

99
 213. A person’s acquittal or conviction may be pleaded or Previous acquittal
or conviction
proved at any stage of any trial for the same offence or any other when to be
offence to a charge of which it is a bar; upon its being proved, proved
the defendant shall be discharged.

CHAPTER 20
GENERAL PROVISIONS AS TO INQUIRIES, TRIALS AND OTHER JUDICIAL
PROCEEDINGS
214.(1) The place in which any Court is held for the Courts to be open
purpose of trying any offence shall be deemed to be an open
Court, to which the public generally may have access, so far as
the same can conveniently contain them.
(2) Notwithstanding the provisions of Sub-Section (1),
a Court may if it thinks fit order at any stage of a trial of any
particular case that the public generally or any particular person
shall not have access to or be or remain in such place.
Explanation:
Acting under Sub-Section (2), the Court may exclude any
witness from the Court at any stage of the proceedings or may
clear the Court while a child or young person is giving evidence.

215.(1) A legal practitioner shall have the right to practice Right of

appearance of
in the High Court or in Magistrate’s Court in accordance with the legal practitioner
provisions of the Legal Practitioners Act.

(2) The expression “legal practitioner” shall have the

same meaning as in the Legal Practitioners Act.

216.(1) In the case of a prosecution in the High Court or in Representation of

the State
a Magistrate’s Court by or on behalf of the state or by any public Government,
servant in his official capacity or by any local government the Departments and
state or that public servant or local government may be Local Government
represented by a law officer, the Attorney-General, State Counsel,
a Police Oficer, or by any legal practitioner or other person duly
authorized in that behalf or by or on behalf of the Attorney-
General or, in revenue cases, authorized by the head of the
department concerned.

100
 (2) In any case, matter or appeal, to which a Local
Government is a party, the Local Government may be
represented at any stage of the proceedings by any member or
officer of the Local Government who shall satisfy the Court that
he is duly authorized in that behalf.
(3) Where any person other than the Attorney-General
prosecutes on behalf of the State or any public servant
prosecutes in his official capacity such person or public servant
shall prosecute the case subject to such directions as may be
given by the Attorney-General in any prosecution for an offence
under a Law of the State.
General
217. Except as otherwise provided in this Law the general procedure in
order of procedure in inquires and trials before a Magistrate Court inquiries
shall, so far as may be, be the same as it is provided in Chapter and trials by
18 of this Law for trials by the High Court. Magistrate Courts

218. Every witness giving evidence in any inquiry or trial in Oath

this Law, may be called upon to take an oath or make a solemn
affirmation that he will speak the truth.

219. A witness shall take an oath or make a solemn Court’s direction

on oath
affirmation in such manner as the Court considers binding on his
conscience.

220. No witness, if he refuses to take an oath or make a Witness not

compelled to take
solemn affirmation, shall be compelled to do so or asked his oath or make
reason for so refusing but the Court shall record the nature of the affirmation
oath or affirmation proposed, and the fact of the refusal of the
witness together with any reason which the witness may
voluntarily give for his refusal.

221. No person of the Islamic faith shall be required to Swearing of

Muslims
take an oath in any Court unless:
(a) he has been given an opportunity to complete
the ablutions prescribed by the Islamic faith for
person taking oath on the Holy Qur’an;
(b) the oath is administered by a person of the
Islamic faith; and

101
 (c) the oath is taken upon a copy of the Hoy Qur’an
printed in the Arabic language.
222. The Court shall prevent the putting of irrelevant Protection of
Witnesses
questions to witnesses and shall protect them from any language,
remarks or gestures likely to intimidate them; and it shall prevent
the putting of any question of an indecent or offensive nature
unless such question bears directly on facts which are material to
the proper appreciation of the facts of the case.
223.(1) Save as otherwise provided in Sub-Section (2) of Taking and
recording of
Section 140 of this Law, all evidence in every inquiry and trial evidence
shall be taken in the presence of the defendant.
(2) Save as otherwise provided in this Law, the evidence of
each witness and the examination and statement, if any, of the
defendant shall be recorded in writing or electronically by or
under the superintendence of the Court.
(3) The record shall ordinarily be in the form of a narrative
and not in the form of question and answer, but in the discretion
of the Court any particular question and answer may be taken
down in full.
(4) After recording the evidence of a witness the Court may
also record or cause to be recorded such remarks as it thinks
material respecting the demeanour of such wintess while under
examination.

224.(1) For the purpose of enabling the defendant to Power to examine

the defendant.
explain any circumstances appearing in the evidence against him
the Court may, if the defendant so agrees, at any stage of a trial,
after explaining to the defendant the effect of Sub-Section (2)
and (3) of this Section, put such questions to him as the Court
considers necessary and in such case shall for this purpose
aforesaid question him generally on the case after the witnesses
for the prosecution have been examined and before he is called
on for his defence.

(2) The defendant shall not render himself liable to

punishment by refusing to answer such questions or by giving
false answers to them; but the Court may draw inferences from
such refusal or answers as it thinks just.

102
 (3) The answers given by the defendant may be taken into
consideration in the inquiry or trial.
(4) The sole purpose of such examination shall be to
discover the line of defence and to make clear to the defendant
the particular points in the case for the prosecution which he has
to meet in his defence and there shall be nothing in the nature of
a general cross-examination for the purpose of establishing the
guilt of the defendant
(5) No oath shall be administered to the defendant for the
purposes of an examination under this Section.
225.(1) The defendant shall be a competent witness on his Evidence of
Defendant
own behalf in any trial, whether he is accused solely or jointy
with another person or persons, and his evidence may be used in
proceedings against any person or persons tried jointly with him;
and the following provisions shall have effect:
(a) the defendant shall not be examined as a
witness except at his request;
(b) before giving evidence the defendant shall be
warned by the Court that he is not bound to
give evidence, and that, if he does so, his
evidence may be used at the trial;
(c) the failure of the defendant to give evidence
shall not be made the subject of any comment
by the prosecution, but the Court may draw
such inference as it thinks just;
(d) the defendant shall not be asked in cross-
examination, and if asked shall not be required
to answer, any question tending to show that
he has committed or been convicted of or been
charged with an offence other than that with
which he is then charged, or is of bad character,
unless;
(i) the proof that he has committed or
been convicted of such other
offence is admissible evidence to
show that he is guilty of the offence
with which he is then charged; or

103
 (ii) he has personally or by his legal
practitioner asked questions of the
witness for the prosecution with a
view to establishing his own good
character or has given evidence of
his good character or the nature of
conduct of the defence is such as to
involve, imputations on the charater
of the prosecutor or the witnesses
for the prosecution;
(e) no prosecution in respect of such evidence for
the offence of giving false evidence shall be
instituted against the defendant except with the
sanction of a Judge of the High Court.
(2) The disposition, if any, of the defendant recorded under
Sub-Section (1) of this Section may be put in evidence in any
other trial for any other offence which such disposition or such
answers may tend to show he has committed.

Powers to
226.(1) Any Court may at any stage of any trial or other summon material
judicial proceedings under this Law summon any person as a witness or call
witness or call as a witness any person in attendance though not persons present
summoned as a witness, and shall summon or call any such
person:
(a) if his evidence appears to the Court to be
essential to the just decision of the case;
(b) on the application of the Attorney-
General, and if such application is made,
the defendant shall have a similar right,
on applying to the Court, to have any
person summoned or called as a witness
by the Court.
(2) The Court may examine or allow the prosecutor or
complainant or the defendant, as the case may require, to
examine any person summoned or called as a witness under this
Section, and shall allow the prosecutor or the defendant, as the
case may require, to examine any person so summoned or called
under paragraph (b) of Sub-Section (1) of this Section.
104
 (3) Any person summoned or called as a witness under
the provisions of this Section may:

(a) if examined by the prosecutor or

complainant be cross-examined, by the
defendant, and then re-examined by the
prosecutor or complainant;
(b) if examined by the defendant be cross-
examined by the prosecutor or
complainant and then be re-examined by
the defendant.
(4) Notwithstanding anything contained in Section 222
of the Evidence Act, any person summoned or called as a witness
under the provisions of this Section who is examined by the Court
may be cross-examined by the prosecutor or complainant and by
the defendant.
(5) The powers conferred by this Section may be
exercised whether or not the person to be summoned or called
and examined has already been examined as a witness in the
proceedings.

Evidence of
227.(1) In any proceedings pending before a Court, the person confined
Court may upon application either orally or in writing by any
party, issue a warrant or order for bringing up before the Court
any person confined in any place under sentence or under
commitment for trial or otherwise, to be examined as a witness in
the proceedings.

(2) The person mentioned in any such Order shall be

brought before the Court under custody.

Admissibility of
Previous Evidence

105
 228.(1) The evidence of a witness given on oath and duly
recorded in writing in any judicial proceeding under this Law may
in the discretion of the Court be read and accepted as evidence in
any subsequent proceedings concerning the same cause or
matter against the same defendant or in a later stage of the
same proceedings, if the witness is dead or cannot be found or is
incapable of giving evidence or if his presence cannot be obtained
without an amount of delay, expense or inconvenience which the
Court considers unreasonable in the circumstances of the case,
provided that the questions in issue are substantially the same on
each occasion and that if the witness is a witness for the
prosecution, the defendant had the right and opportunity to
cross-examined the witness.

Illustration:
Where A is tried and convicted of causing grievous hurt to B
and B subsequently dies of his injuries, A may be tried again for
culpable homicide punishable with death. B’s evidence of the first
trial may be used in the second trial, B being dead and the
questions in issue at each trial substantially the same.

(2) Where a witness is produced and examined in any

judicial proceeding under this Law, his evidence given on oath
and duly recorded in writing or electronically at any proceeding
previously held against the same defendant in which the
questions in issue were substantially the same or in a previous
stage of the same judicial proceeding may be read out after the
evidence in chief has been given and he may be examined and
cross-examined upon it and it may be accepted as evidence in
Court.
(3) The Court may, when it thinks that a witness has
told the truth at a previous stage and is lying before it, ignore the
evidence given before it and rely on the evidence given
previously.

106
 229. Where there are several defendants, the statements of Admissibility of
each made in answer to examination under Section 224 or made statement by
defendant
under Section 205 or given in evidence under Section 225 of this
Law may be taken into consideration by the Court and shall be
admissible for or against himself and any of the other defendants at
the same or any subsequent stage of the same proceedings, but
such statements made by one of the defendants shall not be
admitted at the trial of the other defendant unless the accused
person who made such statements is being tried jointly with the
other defendant and the statements were made in the presence of
the other defendant who shall have had an opportunity of cross-
examining the accused who made them.

Language not
230. Where any evidence is given in a language not understood by
understood by the defendant and the defendant is present in defendant
Court, it shall be interpreted to him in a language understood by
him.

231.(1) When the services of an interpreter are required by Interpreter bound

to interpret
any Court for the interpretation of any evidence, statement or truthfully
other proceedings, he shall be bound by oath or solemn
affirmation to state the true interpretation of the evidence,
statement or other Court proceedings.
(2) When, the services of an interpreter are used in any
proceedings by a Court the record of the proceedings shall state the
name of the interpreter, the languages which and in which he
interprets, and the fact that he has been bound in accordance with
the provisions of Sub-Section (1) of this Law to state the true
interpretation of the evidence, statement or other proceedings.
232.(1) Where it appears to the court that in the Visit to locus
interest of justice the court should have a view of any place, In quo by court.
person or thing connected with the case, the court may, where
the view relates to a place, either adjourn the court to the place
and there continue the proceedings or adjourn the case and
proceed to view the place, person or thing concerned.

(2) The defendant shall be present at the viewing of

the place, person or thing concerned.

107
 (3) At the locus, the court shall give directions as it may
deem fit for the purpose of preventing communication between
the witnessess and the defendant.

(4) A breach of a direction given under sub-section (3) of

this section shall not affect the validity of the proceedings unless
the court otherwise directs.

Determination of
233.(1) Where the age of any person, or whether a person age.
is under or above a specified age, is in question in any judicial
proceeding under this Law, the Court may determine such
question by taking into account one or both of the following,
namely:
(a) the apparent physical appearance of the
person concerned;
(b) any evidence, in relation to the age of the
person concerned, received by the Court
in accordance with the provisions of the
Evidence Act or this Administration of
Criminal Justice Law.
(2) The evidence of a witness, who is not an expert
within the meaning of expert under the Evidence Act shall be
admissible for the purpose of this Section.
234. Where in a charge for an offence, it is alleged that the Age in relation to
offences.
person by or in respect of whom the offence was committed, was
a child under or above a specified age, and he appears to the
court to have been at the date of the commission of the alleged
offence a child under or above the specified age, as the case may
be, he shall for the purpose of this Law, be presumed at that date
to have been a child or to have been under or above that age, as
the case may be, unless contrary is proved.

235.(1) Whenever it appears to a Court that a person who Power to take

evidence of
is so dangerously ill that there is a possibility that he may not person dange-
recover is able and willing to give evidence relating to any rously ill
offence the Court may take in writing the statement of such
person and may invite him to take an oath as to the truth of the
statement.
108
 (2) When a statement is taken in accordance with Sub-
Section (1) of this Section the Court shall certify that the
statement is a correct record of the statement made by such
person.
(3) The Court shall record its reason for proceeding
under this Section and shall also record thereon the date and
place of taking the statement.
236. Whenever in the course of any judicial proceeding Commission to
take evidence
under this Law it appears to the Court that the examination of a
witness is necessary for the ends of justice and that the
attendance of such witness cannot be procured without an
amount of delay, expense or inconvenience which in the
circumstances of the case would be unreasonable, such Court
may dispense with his attendance and may issue a commission to
any Court within the local limits of whose jurisdiction such
witness resides to take his evidence.
237.(1) The Court issuing a commission under Section 236 Examination of
witness on
may send any interrogatories in writing submitted by the commission
prosecution or the defence or prepared by itself which it deems
relevant to the questions in issue to the Court to which the
commission is directed which shall examine the witness upon
such interrogatories.
(2) The prosecutor and the defendant may appear in
person or by counsel before the Court taking evidence on
commission to examine, cross-examine or re-examine, such
witness.
(3) A commission shall be addressed to a Court and not
personally to an officer of the Court and, if sufficient informaton
on the record or extracts from the record of proceedings are not
sent with the commission, it shall be given to enable the
examining Court to understand the points upon which the
evidence of the witness is required.

109
 238.(1) After any commission issued under Section 236 of Return of
Commission
this Law has been duly executed it shall be returned together
with the deposition of the witness examined under it to the Court
which issued the commission, and the deposition shall be open
at all reasonable times to inspections by the prosecution or
defence and may be read in evidence in the case and shall form
part of the record.
(2) Any deposition of a witness examined under a
commission issued under Section 236 of this Law may also
be received in evidence at any subsequent stage of the
same case before another Court.
Evidence taken
239.(1) Wherever in the course of any judicial proceeding abroad by
under this Law, it appears to a Court that for the purpose of interrogatories
ascertaining the nature, source or other attribute of identification
of any article the examination of a witness who is abroad is
necessary for the ends of justice and that the attendance of such
witness cannot be procured without an amount of delay, expense
or inconvenience which in the circumstances of the case would be
unreasonable the Court, after hearing the prosecutor, if any, and
the defendant or his counsel may dispense with his attendance
and may settle such interrogatories in writing to be answered by
such witness as may be necessry for the aforesaid purpose.

(2) Where such interrogatories are settled by a Court

other than the High Court leave to serve such interrogatories
shall be obtained from a Judge of the High Court.

(3) The interrogatories settled by the Court under Sub-

Sections (1) and (2) may be answered by affidavit duly sworn by
the witness in question or in such other manner as a Judge of the
High Court may order.

Deposition of
240.(1) The evidence of any medical officer or registered medical witness
medical practitioner taken on oath before a Court in the presence
of the defendant may be read in evidence in any trial or other
proceeding under this Law although he is not called as a witness.

110
 (2) The Court may if it thinks fit summon such medical
officer or registered medical practitioner to appear before it as a
witness.
(3)(a) A written report by any medical officer or registered
medical practitioner after he has examined any person or the
body of any person may at the discretion of the Court be
admitted in evidence for the purpose of proving the nature of any
injuries received by such person or where such person has died,
the nature of the injuries received by such person and, where
possible, the physical cause of his death.

(b) On the admission of such report the same shall

be read over to the defendant and he shall be asked whether he
disagrees with any statement in it and any such disagreement
shall be recorded by the Court; and
(c) Where by reason of any such disagreement or
otherwise it appears desirable for the ends of justice that such
medical officer or registered medical practitioner shall attend and
give evidence in person the Court shall summon such medical
officer or registered medical practitioner to appear as a witness.

Report of
241.(1) Any document purporting to be a report under the scientific expert
hand of the Accountant-General or Director of Audit or any expert
in bacteriology, physiology, biology, pathology, chemistry or other
branch of scientific knowledge in the service of any Government
of Nigeria upon any matter or thing duly submitted to him for
examination or analysis and report in the course of any
proceeding under this Law may be used as evidence in any
inquiry, trial or other proceeding under this Law.
(2) The Court may if it appears desirable for the ends
of justice summon any person making a report under Sub-Section
(1) to give evidence in person.

Reports under
242.(1) The Court shall, in the absence of evidence to the Section 240 and
contrary presume that the signature to any report or document of 241 of Adminis-
Procedure referred to in Section 240 or Section 241 is genuine tration of Criminal
and that the person signing it held the office or the qualification Justice Law
which he professed at the time when he signed it.
111
 (2) Where any such report or document is intended to
be produced by either party to the proceedings, a copy thereof
shall be sent to the other party at least five clear days before the
day appointed for the hearing and, if it is not so sent, the Court
may, if it thinks fit, adjourn the hearinig for such report or
document to be so sent.
243.(1) Where it is proved that the defendant has Record of
evidence in
absconded and there is no immediate prospect of arresting him, absence of
the Court competent to try or commit for trial such person for the absconding
offence alleged may in his absence examine any witness defendant
produced on behalf of the prosecution and record their and Stay of
Proceedings by
dispositions. Attorney General.
(2) Any such disposition may on the arrest of such
person be given in evidence at the inquiry or trial for the offence
with which he is charged if the deponent is dead or incapable of
giving evidence or his attendance cannot be procured without an
amount of delay, expense or incovenience which in the
circumstances of the case would be unreasonable.

(3) At any stage in any inquiry or at any stage before

the finding in any trial under this Law the Attorney-General may
in person or through officers of his department exercise his
constitutional power to inform the Court conducting such inquiry
or trial that he does not in respect of all or any of the offences
alleged or charged intend to prosecute or further prosecute the
person or any one or more of the persons accused.

(4) When the Attorney-General exercises the powers

referred to in Sub-Section (2) of this Section all proceedings in
respect of the offence alleged or charged shall be stayed and the
person accused shall be discharged but such discharge shall not
operate as a bar to any subsequent proceedings against the
person accused on account of the same facts.

244. No influence by means of any promise or threat or No influence to

be used to induce
otherwise shall be used on the defendant to induce him to disclosure
disclose or withhold any matter within his knowledge.

112
 245.(1) If from the absence of a witness or any other Power to
postpone or
reasonable cause it becomes necesssary or advisable to postpone adjourn
the commencement of or adjourn any trial, the Court may if it proceedings
thinks fit by order in writing stating the reasons therefore from
time to time postpone or adjourn the same on such terms as it
thinks fit for such time as it considers reasonable and may by a
warrant remand the defendant if not in custody.
(2) Notwithstanding the provisions of Sub-Section (1),
no Court shall remand the defendant to custody under this
Section for a term exceeding fifteen days at a time.

246.(1) Subject to Section 135 of this Law, if in the course Procedure of

Court in cases it
of a trial before a Court the evidence appears to warrant a cannot dispose
presumption that the case is one that should be tried by some
other Court, the Court holding the trial shall stay proceedings and
submit the case with a brief report, explaining its nature to a
Court which has jurisdiction or to the High Court.
(2) The Court to which the case is submitted may
either try the case itself or refer the case for trial to any Court
subordinate to it, which has jurisdiction.
(3) Where the Court to which the case is submitted,
decides that the case should be tried, the trial shall begin afresh.

247.(1) Whenever a Court having jurisdiction: Procedure when

Court cannot pass
(a) finds a person guilty after hearing the sentence
evidence for the prosecution and the sufficiently severe
defence; or
(b) accepts a plea of guilty from a person,
and after convicting such person is of the
opinion that he ought to receive a
punishment different in kind from, or
more severe than that, which such Court
is empowered to inflict, it may record such
opinion and submit the proceedings and
send the defendant to a Court having the
necessary powers of punishment or to the
High Court.

113
 (2) The Court to which proceedings are submitted
under Sub-Section (1) of this Law shall pass such sentence or
Order in the case as it thinks fit and in accordance to Law.
(3) When more defendants than one are being tried
together and the Court considers it necessary to proceed under
Sub-Section (1) in regard to all the defendants it shall forward all
the defendants who are in its opinion guilty to the appropriate
Court.
(4) A Court may where several persons are charged
before it sentence some of the defendants and forward the
others under this Section to an appropriate Court for sentence.

248.(1) When a defendant is found guilty of an offence the Conviction on

other offences
Court may in passing sentence take into consideration any other pending
offence of the defendant whether or not a Court has taken
cognizance of such offence, if the defendant admits the other
offence and desires that it be taken into consideration and if the
Attorney-General consents.
(2) In exercising its powers under Sub-Section (1) of this
Section, a Court shall not pass a greater sentence than the
maximum sentence:
(a) which it could have passed on the defendant on
conviction for the offence:
(i) in respect of which he has been found
guilty; or
(ii) which he has admitted; and
(b) which it has jurisdiction to pass.

(3) Where the defendant expresses a desire and the

Attorney-General gives consent under Sub-Section (1) of this
Section, the Court that enter or cause an entry to that effect to
be made on the record and upon sentence being pronounced the
defendant shall not, unless the conviction is set aside, be liable to
be charged or tried in respect of any such offence so taken into
consideration.

114
 249.(1) The Court at any stage of the trial where there are Joint trial may be
stayed and
several defendants may by Order in writing stating the reasons defendant tried
therefore stay the proceedings of the joint trial and may continue separately
the proceeding against each or any of the defendants separately.
(2) Where it appears that the evidence of one of the
defendants is required for the prosecution of another defendant
the defendant whose evidence is required shall be acquitted or
convicted before his evidence is taken.
250.(1) Any Court when so required by the Attorney- Reference on
points of Law
General shall, refer for the opinion of the High Court any question
of Law which arises in the hearing of any case pending before it
or may give judgment in any such case subject to the High
Court’s decision, and pending such opinion or decision, as the
case may be, may either commit the defendant to prison or
release him on bail to appear when called on.

(2) A reference to the High Court by a lower Court

under Sub-Section (1) shall set out:

(a) the charge or complaint;

(b) the facts found to be admitted or proved;
(c) any submission of Law made by or on
behalf of the complainant or the
defendant;
(d) any question of Law which the Court
desires to be submitted for the opinion of
the High Court; and
(e) any question of Law which the Attorney-
General requires to be submitted for the
opinion of the High Court.

(3) Upon the High Court notifying its opinion or

decision the case shall be dealt with in accordance with such
opinion or decision.

115
 251. Where the defendant though not insane cannot be Procedure when
defendant does
made to understand the proceedings the Court shall proceed to not
try to use his fitness to plead and if it is established that he is not understand
fit to plead he shall be treated in like manner as a person proceedings
incapable of making his defence by reason of unsoundness of
mind as provided in Chapter 26.

252. Where a Judge or Magistrate is prevented by illness Delivery of

judgment when
or other unavoidable cause from delivering the judgment or the Judge, e.t.c.
sentence of the Court, such judgment and the sentence, if the is unavoidably
same has been reduced into writing and signed by the Judge or absent
Magistrate, may be delivered and pronounced in open Court in
the presence of the defendant by any other Judge, Magistrate or
Shari’a Court Judge as may be appropriate.
253. A Court shall be constituted of an uneven number of Constitution of
Court.
judges and its decission shall be that of majority.
254. Every member of a Court shall give his opinion on Every member to
give opinion
every question which the Court has to decide.
255. The opinions of the members of the Court shall be Order of taking
Opinion
taken in Order of succession beginning with the junior in rank.

CHAPTER 21
THE JUDGMENT
256.(1) The judgment in every trial in a Court shall be in Language or
mode of
writing and shall be pronounced, and the substance of it delivering
explained in the language understood by the defendant in open judgment
Court, either on the day on which the hearing terminates or at
some subsequent time of which due notice shall be given.
(2) If the defendant is in custody he shall be brought
up to hear the judgment delivered; if he is not in custody he shall
be required to attend to hear the judgment delivered unless his
presence is dispensed with by the Court.

116
 (3) No judgment delivered by any Court shall be
deemed to be invalid by reason only of the absence of any party
or his counsel on the day or from the place notified for the
delivery thereof, or of any omission to serve or defect in service
on the parties or their counsel or any of them of the notice of
such day and place.

257.(1) Every judgment shall contain the point or points for Contents of
Judgment
determination, the decision thereon and the reasons for the
decision and shall be dated and signed or sealed by the Court in
open Court at the time of pronouncing it.
(2) If the judgment is a judgment of conviction it shall
specify the offence and the Section of the Penal Code or other
Law under which the defendant is convicted and the punishment
to which he is sentenced.
(3) If the judgment is a judgment of acquittal it shall
state the offence of which the defendant is acquitted and direct
that he be set at liberty.

258. Where a convict who, in the opinion of the court, has Sentencing in the
case of a Child
not attained the age of 18 years at the time the offence was Defendant.
committed is found guilty of a capital offence, sentence of death
shall not be pronounced or recorded but in lieu of it the court
shall sentence the child to life imprisonment or to such other
terms as the court may deem appropriate.

259.(1) Where a woman convicted of an offence punishable Procedure when a

woman convicted
with death alleges that she is pregnant, or where the Court by of capital offence
which a woman is convicted thinks fit so to do, the Court shall alleged to be
before the sentence is pronounced upon her, determine the Pregnant
question whether or not she is pregnant.

(2) The question whether the woman is pregnant or

not shall be determined by the Court on such evidence as may be
given or put before it on the part of the woman or on the part of
the prosecution, and the Court shall find that the woman is not
pregnant unless it is proved affirmatively to the satisfaction of the
Court that she is pregnant.

117
 (3) The test to confirm whether Convicted Woman is
pregnant under sub-section (1) of this section shall be carried out
in a Government Hospital by a Medical Doctor.

(4) Where under the provisions of Sub-Section (2) of

this Section, it is not proved affirmatively to the satisfaction of the
Court that the woman is pregnant, the Court shall find
accordingly and shall pronounce sentence of death upon her;

(5) Where a woman found guilty of a capital offence is

pregnant, the sentence of death shall be passed on her but its
execution shall be suspended until the baby is delivered and
weaned.
260. When a person is sentenced to death, the sentence Death sentence
shall direct that he be hanged by the neck till he is dead.
261. When a judgment of conviction is one from which an Cases on which
appeal lies
appeal lies, the Court shall inform the convicted person that he
has a right to appeal and of the perioid within which if he desires
to appeal his appeal is to be presented.
262. No Court when it has signed its judgment shall alter Court not to alter
judgment
or review the same, except as provided in Section 308 or Section
316 to corrrect a clerical error.
263.(1) On the application of either of the parties, a copy of Copy of
judgement to be
the judgment shall be given to him without delay and such copy given to the
shall be given at no cost. parties at no cost
(2) The original judgment shall be filed with the record
of the proceedings.

118
 CHAPTER 22
A – SECURITY FOR KEEPING THE PEACE AND FOR GOOD
BEHAVIOUR ON CONVICTION

264. Whenever any person is convicted by a Court of any Security on

conviction
offence involving or likely to cause a disturbance of the public peace
or a breach of the peace and the Court is of the opinion that it is
expedient to require that person to execute a bond for keeping the
peace and being of good behaviour, it may at the time of passing
sentence on such person order him to execute a bond for a sum
proportionate to his means and with or without sureties for keeping
the peace and being of good behaviour for any period not
exceeding three (3) years in the case of the High Court and not
exceeding two (2) years in the case of any other Court.
265.(1) Whenever a Court is informed that any person is Security in
other cases
likely to commit a breach of the peace or to disturb the public
peace or to do any illegal act which may probably cause a breach
of the peace or disturb the public peace, the Court, may issue a
summons requiring that person to attend before a Court to
execute a bond with or without sureties for keeping the peace or
refraining from illegal acts likely to disturb the public peace for
any period not exceeding one year or to show cause why he
should not execute such bond.
(2) Proceedings shall not be taken under this Section
unless:
(a) the person informed against is in the
State; and
(b) either:
(i) the person informed against is
within the area of jurisdiction of
the Court before which he is
required to attend; or
(ii) the place where the breach of
the peace or disturbance is
apprehended is within the area
of jurisdiction of the Court
before which the person
informed against is required to
attend.

119
 266. Whenever a Court receives information that any Security for good
behaviour from
person within the local limites of its jurisdiction: habitual offenders

(a) habitually commits any offence

punishable under section 271 to 279 of
the Penal Code;
(b) is by habit a robber, house breaker or a
thief;
(c) is by habit a reciever of stolen property
knowing the same to have been stolen;
(d) habitually protects or harvours thieves or
aids in the concealment or disposal of
stolen property;

(e) habitually commits mischief, extortion or

cheating or the counterfeiting of coin,
notes or revenue stamps or attempts so
to do;
(f) habitually commits or attempts to
commit or abets the commision of
offences involving a breach of the peace;
or
(g) is so desperate and dangerous as to
render his being at large without security
hazardous to the community, such Court
may issue a summons requiring that
person to attend before the Court to
execute a bond with sureties for his good
behaviour for any period not exceeding
two years or to show cause, why he
should not execute such bond.

120
 267. Whenever it appears to a Court acting under Section Warrant for arrest
if breach of peace
265 or 266 of this Law as the case may be, upon the report of a is likely
police officer or upon other information that there is reason to
fear the commission of a breach of the peace or disturbance of
the public peace and that such breach of the peace or
disturbance of the public peace cannot be prevented otherwise
than by the immediate arrest of any person, such Court shall
record the substance of the report or information and may at any
time issue a warrant for the arrest of such person and for his
production before a Court.

268. A Court when issuing a summons or warrant under Content of

summons or
Section 265, 266 or 267 of this Law, as the case may be, shall warrant under
therein set forth the substance of the information received, the section 265, 266
amount of the bond to be executed, the term for which it is to be and 267
in forced and the number , character and class of sureties, if any,
required.

269.(1) When any person has appeared or is brought Inquiry as to

before the Court in compliance with a summons or warrant under truth of
information
Section 265, 266 or 267 of this Law, the Court shall proceed to
inquire into the truth of the information upon which action has
been taken and to take such further evidence as may appear
necessary.
(2) An inquiry under Sub-Section (1) of this Section shall be
made as far as practicable in the manner laid down in this Law
for conducting trials and recording evidence in summary trials by
Magistrate except that:

(a) no charge need be framed nor shall any witness be

recalled for cross-examination except with the
permission of the Court; and
(b) the Court may refuse to release on bail any person
arrested under Section 267 of this Law unless he
executes a bond to the nature specified in the
warrant of arrest but limited in time to the
conclusion of the inquiry.

121
 Evidence of
270. For the purposes of Section 269 of this Law, the fact general repute
that a person is a habitual offender or is so desperate and
dangerous as to render his being at large without security
harzardous to the community may be proved by evidence of
general repute.

271.(1) Where on inquiry under Section 269 of this Law, it Order to give
is proved that it is necessary for keeping the peace or preserving Security

the public peace or maintaining good behaviour, as the case may

be, that the person in respect of whom the inquiry is made
should execute a bond with or without sureties, the Court shall
make an order accordingly.
(2) Notwithstanding the provisions of Sub-Section (1) of
this Section:

(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 any specified in the
summons or warrant issued under Section 265,
266 or 267 of this Law;
(b) the amount of every bond 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 under eighteen (18) years of age, the
bond shall be executed only by his sureties.
Discharge of
272. Where on inquiry under Section 269 of this Law, it is persons inquired
not proved that it is necessary for keeping the peace or against
preserving the public peace or maintaining good behaviour, as
the case may be, that the person in respect of whom the inquiry
is made shall execute a bond, the Court 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 he is not in
custody shall discharge him.

122
273.(1) Where any person in respect of whom an order requiring Commencement
of period for
security is made under Section 264 or 271 of this law is at the which security is
time the order is made suject to a sentence of imprisonment, the required
period for which such security is required shall commence on the
expiration of such sentence.

(2) In other cases the period for which security is

required shall commence on the date of the Order unless the
Court for sufficient reason fixes a later date.

274. The bond to be executed by any person in respect of Content of bond

whom an order requiring security is made under Section 264 or
Section 271 of this Law shall bind him to keep the peace or to
refrain from illegal acts likely to disturb the public peace or to be
of good behaviour, as the case may be and in the last case the
commission or attempt to commit or the abetment of an offence
punishable with imprisonment, wherever it may be committed, is
a breach of the bond.

275. Where any person ordered to give security under Imprisonment in

default of security
Section 264 or 271 of this Law does not give the security on or
before the date of the commencement of the period for which the
security is to be given, he shall be comitted to custody or if he is
already in custody be detained until such period expires or until
within such period he gives the security ordered.

276.(1) The Court may refuse to accept any surety offered Power to reject
Sureties
or any surety previously accepted on the ground that the surety
is an unfit person for the purpose of the bond.

(2) Before refusing to accept or reject any such surety,

the Court shall hold an inquiry into his fitness and the Court shall,
before holding the inquiry, give reasonable notice to the surety
and to the person by whom the surety was offered and shall in
making the inquiry record the susbstance of the evidence
adduced before it.

123
 (3) Where the Court is satisfied after considering the
evidence adduced before it that the surety is an unfit person for
the purposes of the bond, it shall make an Order refusing to
accept or rejecting as the case may be, such surety and record its
reasons for so doing.
Power to release
277.(1) Whenever a Judge of a High Court is of the opinion person
that any person imprisoned for failing to give security under this imprisoned for
chapter may be released without hazard to the public or to any failure to give
security
person, he may order the person imprisoned to be discharged.

(2) Whenever any person has been imprisoned for

failure to give security under this chapter, a judge of the High
Court may make an order reducing the amount of the security or
the number of sureties or the time for which security has been
required.

(3) An Order under Sub-Section (1) of this Section may

direct the discharge of the person in custody either without
condition or upon any conditions which that person accepts.

(4) Where any condition upon which any person

imprisoned for failing to give security under this chapter is
discharged and such person shall be recomitted to custody until
the expiry of the period for which he was originally ordered to
give security unless before that time he gives such security.
Powers to cancel
278. A Judge of the High Court may at any time cancel any bond
bond for keeping the peace or refraining from illegal acts likely to
disturd the public peace or for good behaviour executed under
this chapter.

124
 CHAPTER 23
APPEAL AND REVIEW
Appeal from
279.(1) Appeals from a Magistrate Court to the High Court Magistrate and
shall be in accordance with the High Court Law or this Law or any Sharia Court
rules made under either of such Laws.
(2) Appeals from Sharia Courts lies to Upper Sharia Court
and appeals from Upper Sharia Court in criminal matter lies to the
High Court.
280.(1) An appeal in accordance with the provisions of this Procedure on
Appeal
chapter shall be commenced by the appellant giving to the
registrar of the Court from which the appeal is brought or to the
registrar of the Court to which the appeal is brought notice of
such appeal which may be verbal, or in writing, and if verbal,
shall be forthwith reduced into writing by the registrar and signed
by the appellant, or by a legal practitioner if a legal practitioner is
representing him.

(2) The notice of appeal shall be given in every case

before the expiration of the thirtieth day or, where the appeal is
against a sentence of caning, before the expiration of the
fifteenth day after the day on which the Court has made the
decision appealed against.

(3) Where an appellant gives verbal notice of appeal at

the time of the pronouncement of the decision and before the
opposite party or the legal practitioner representing him has left
the Court, such verbal notice of appeal shall be recorded by the
Court with a note of the presence of the respondent or the legal
practitioner representing him and written notice of appeal shall
not thereafter be necessary.

(4) Where the appellant is in custody he may present

his notice of appeal and the memorandum of the grounds of
appeal required by Section 281 of this Law to the officer in
charge of the Custodial Centre who shall thereupon forward such
notice and memorandum to the registrar of the Court from which
the appeal is brought.

125
 (5) An appellant shall file as many copies of his notice
of appeal as there are parties to be served, in addition to the
copies for the Court and the Attorney-General.

Memorandum of
281.(1) An appellant in an appeal brought in accordance grounds of appeal
with the provisions of this chapter shall within thirty days or, if
the appeal is against a sentence of caning, within fifteen days of
the day of the pronouncing of the decision appealed against file
with the Registrar of the Court from which the appeal is brought
a memorandum setting forth the grounds of his appeal which
shall be signed by the appellant.

(2) An appellant shall file as many copies of his

memorandum of grounds of appeal, as there are parties to be
served, in addition to the copies for the Court and the Attorney-
General.

Grounds of
282.(1) In his memorandum of grounds of appeal the Appeal
appellant shall set forth in a separate ground of appeal each
error, omission, irregularity or other matter on which he relies or
of which he camplains with particulars sufficient to give the
respondent due notice thereof.

(2) Without prejudice to the generality of Sub-Section

(1) of this Section, the memorandum of grounds of appeal may
set forth all or any of the following grounds, that is to say:

(a) that the lower Court had no jurisdiction in

the case;
(b) that the lower Court has exceeded its
jurisdiction in the case;
(c) that the decision has been obtained by
fraud;
(d) that the case has already been heard or
tried and decided by or forms the subject
of a hearing or trial pending before a
competent Court;

126
 (e) that admissible evidence has been
rejected, or inadmissible evidence has
been admitted, by the lower Court, and
that in the latter case there is no sufficient
admissible evidence to sustain the
decision after rejecting such in-admissible
evidence;
(f) that the decision is unreasonable or
cannot be supported having regard to the
evidence;
(g) that the decision is erroneous in point of
law;
(h) that some other specific illegality, not
earlier mentioned and substantially
affecting the merits of the case, has been
committed in the course of the
proceedings in the case; or
(i) that the sentence passed on conviction is
excessive or inadequate, unless the
sentence is one fixed by Law.

(3) Where the appellant relies upon the grounds of

appeal mentioned in paragraph (d) of Sub-Section (2) the name
of the Court shall be stated and, if it is alleged that a decision has
been made, the date of such decision.

(4) Where the appellant relies upon the ground of

appeal mentioned in paragraph (g) of Sub-Section (2) the nature
of the error shall be stated and, where he relies upon the ground
of appeal mentioned in paragraph (h) of that Sub-Section the
illegality complained of shall be clearly specified.

Giving security to
283.(1) Within thirty days or, in the case of an appeal prosecute
against a sentence of caning, within fifteen days after the appeal from a
pronouncement of the decision of the Court the appellant shall Court
enter into a bond with or without a surety as the Court may
require, in such sum as the Court may specify, or in lieu of
furnishing a surety or sureties as the case may be, he may
deposit with the Court the sum required.
127
 (2) The condition of the bond shall be for the due
prosecution of the appeal and for abiding the result thereof,
including all costs of the appeal.

(3) If there shall be any breach of the bond, the

deposit, if any, shall be forfeited and shall be applied to
discharging the condition of the bond.

(4) If the appellant is in custody he may at the

discretion and on the order of a Court be released on bail on
complying with the provisions of this Section as to Security for
prosecuting the appeal and abiding the results thereof.

(5) If the appellant who is in custody is not within the

district of the Court from whose decision the appeal is made, any
Court of the district in which such appellant may be shall have
the powers and functions given and assigned to the Court by this
Section.

Appeals from
284.(1) Appeals from the High Court in criminal matters High Court
shall be in accordance with the provisions of the Constitution.
(2) The prosecutor may appeal as of right to the Court
of Appeal on any question of law from a decision of the High
Court.
(3) The prosecutor may appeal with leave to Court of
Appeal on any question of fact or of mixed law and fact from a
decision of the High Court.

Sentence to take
285. A sentence other than a sentence of death or caning effect pending
shall take effect notwithstanding an appeal unless: Appeal

(a) warrant has been issued under Section

303 when no sale of property shall take
place until the sentence has been
confirmed or the appeal decided; or

128
 (b) an order for release on bail pending any
further proceedings has been made by a
competent Court when the time during
which the convicted person had been so
released shall be excluded in computing
the period of any sentence which he has
ultimately to undergo.
286. A Court exercising appellate jurisdiction shall not in Appellate Court
not to interfere
the exercise of such jurisdiction interfere with the finding or with the
sentence or other Order of the lower Court on the ground only judgment for
that, evidence has been wrongly admitted or that there has been technical error in
a technical irregularity in procedure, unless it is satisfied that a procedure
failure of justice has been occasioned by such admission or
irregularity.
287. After the pronouncement of the judgment on an Enforcing
judgment
appeal the Court from which the appeal came shall have the
same jurisdiction and power to enforce, and shall enforce any
decision which may have been affirmed, modified, amended or
substituted by the appeal Court, or any judgment which may
have been pronounced by the Appeal Court, in the same manner
in all respects as if such decision or judgment had been
pronounced by itself.
288. No Judge or Magistrate shall sit as a member of an Disqualification
from sitting on
Appeal Court when such Appeal Court is hearing an appeal from a appeal.
finding, sentence or order passed by him or by a Court of which
he is a member.
289. (1) Every criminal appeal, other than an appeal from Abatement of
Appeals
a sentence of fine shall finally abate on the death of the
appellant.

(2) Notwithanding the provision of sub-section (1) of this

section, the heirs or representatives of the deceased appellant
may prosecute the appeal.

129
 Reference to
290. When a question as to the interpretation of the Court of Appeal
Constitution arise in the course of the trial and it is referred to the
Court of Appeal, the Court before which the question arose may:
(a) adjourn the trial until such question shall
have been considered and decided; or
(b) conclude the trial and postpone the
verdict until such time as the question has
been considered and decided.
291. When the question has been decided, the Court shall: Effect of decision
of the Court of
(a) continue the trial or discharge the Appeal
defendant; or
(b) acquit or convict the defendant.
292. Subject to the provisions of the Constitution, Stay of
Proceedings
application for stay of proceedings in respect of any criminal
matter brought before High Court or Lower Court shall not be
entertained until judgment is delivered.

CHAPTER 24
EXECUTION
293. In this chapter:
“convicted person” means a person convicted of an Convicted person
offence punishable with death.
294. After a sentence of death has been pronounced in the High Court to
report death
High Court the presiding judge shall, as soon as may be sentence to
convenient, forward to the Governor a copy of the trial Governor
proceedings including the judgment and sentence together with a
report in writing containing any recommendation or observations
on the case which he thinks fit to make.
295. When any convicted person: Recommendation
of pardon or
(a) has been sentenced to death by the High reprieve
Court; and
(b)(i) has not appealed within the time
prescribed by law;
(ii) has unsuccessfully appealed against the
conviction; or

130
 (iii) having filed a notice of appeal has failed
to prosecute such appeal the Governor,
after consultation with the advisory
council of the State on the prerogative of
mercy, shall decide whether or not he
should exercise any power conferred on
him by Section 212 of the Constitution.

296. Where the Governor decides that he should not When death
sentence to be
exercise the power referred to in Section 295 of this Law in carried into effect
respect of a convicted person the sentence of death pronounced
upon the convicted person shall be carried into effect in
accordance with the provisions of this chapter.
297. The Governor shall communicate the decision referred Governor to
inform High Court
to in Section 296 of this Law, to the High Court.
298.(1) When the Governor has communicated his decision Order of
execution of
in accordance with the provisions of Section 297 of this Law, he death sentence
shall by order either:
(a) direct that the sentence of death shall be
executed and the order shall state the
date, time and place for the sentence of
death to be carried out and give directions
as to the place of burial of the body; or
(b) direct that the execution shall take place
at such date, time and place as shall be
specified by some officer, specified in the
order and that the body of the person
executed shall be buried at such place as
shall be specified by such officer.
(2) When the date, time and place of carrying out the
sentence of death and the place of burial is not stated in the
Governor’s order the officer specified in the order shall endorse
on it the date, time and place of carrying out the sentence of
death and the place of burial.
(3) The Governor may make rules prescribing the form
of any order, direction or specification mentioned in this Section.

131
 299.(1) A copy of the Governor’s order shall be sent to the Copy of order to
be sent to the
Sheriff who shall cause effect to be given to the order. Sheriff

(2) Where for any reason a copy of the Governor’s

order is not received by the Sheriff before the date fixed therein
or endorsed thereon for execution the Sheriff shall nevertheless
direct that the order shall be carried into effect upon the earliest
convenient day after the receipt of the order.

(3) The said copy of the Governor’s order or the

directions issued by the Sheriff under Sub-Section (2) of this
Section shall be sufficient authority to all persons to carry the
sentence into effect in accordance with the terms thereof.

When woman
300.(1) Where a woman sentenced to death is sentenced to
subsequently alleged to be pregnant the officer in charge of the death is alleged
custodial centre in which she is detained shall report such to be pregnant
allegations to the Governor through the Attorney General who
shall thereupon order the sentence of death to be postponed and
order for the determination of the question of such pregnancy by
a Medical Doctor of any Government Hospital.

(2) Where the woman mentioned in sub-section (1) of this

section is confirmed to be pregnant, the provisions of section 259
(5) of this Law shall apply.

301.(1) When the Governor exercises a power referred to in Procedure for

granting pardon
Section 295 of this Law, he shall issue an order, directing that the
execution be not proceeded with, and, as the case may be, that
the convicted person be released, or that he be imprisoned for
such a term as may be specified in the Order, or that he be
otherwise dealt with as may be specified in the order subject to
any condition as may be specified in the order.

(2) The Governor shall send to the Superintendent or

other officer in charge of the custodial centre in which the
convicted person is confined a copy of any order issued by the
Governor in ccordance with the provisions of this Section.

132
 (3) The Superintendent or other officer in charge of the
custodial centre in which the convicted person is confined shall
comply with and give effect to every such order sent to him
under the provisions of this Section.

Execution of
302.(1) When a defendant is sentenced to imprisonment, sentence of
the Court passing the sentence shall forthwith issue a warrant imprisonment
committing him to custodial centre and shall send him with the
warrant to the custodial centre in which he is to be confined.
(2) Every warrant referred to in Sub-Section (1) of this
Section shall be directed to the officer in charge of the custodial
centre or other place in which the convict is to be confined and
shall be lodged with the official in charge of such custodial centre
or place.
(3) A person detained during the Governor’s pleasure may
at any time be discharged by the Governor on licence.
(4) A licence may be in such form and may contain such
conditions as the Governor may direct.
(5) A licence may at any time be revoked or varied, by the
Governor and where a licence has been revoked the person to
whom the licence relates shall proceed to such place as the
Governor may direct and if he fails to do so, may be arrested
without warrant and taken to such place.

303.(1) Where any offender is sentenced to pay a fine the Warrant of levy of
fine
Court passing the sentence may, in its discretion although the
sentence directs that in default of payment of the fine the
offender shall be imprisoned, issue a warrant for the levy fo the
amount:
(a) by the seizure and sale of any movable
property belonging to the offender;
(b) by the attachment of any debts due to the
offender; or
(c) subject to the provisions of the Land Use
Act by the attachment and sale of any
immovable property of the offender
situate within the jurisdiction of the Court.

133
 (2) A warrant for seizure and sale of the movable
property of an offender shall be addressed to the Court within the
local limits of whose jurisdiction it is to be executed.
(3) When execution of a warrant is to be enforced by
attachment of debts or by sale of immovable property, the
warrant shall be sent for execution to any Court competent to
execute decrees for the payment of money in civil suits and such
Court shall follow the procedure for the time being in force for
the execution of such decrees.

304. Except in the case of a sentence of death, a warrant Who may issue a
warrant
for the execution of any sentence or other Order of a criminal
Court shall be issued by the Court which passed such sentence or
order.
305.(1) When an offender has been sentenced to a fine Powers of Court
when offender is
only without a sentence of imprisonment in default of payment of sentenced to fine
the fine, the Court authorized by Section 304 of this Law to issue only
a warrant may exercise all or any of the following powers:
(a) allow time for payment of the fine;
(b) direct that the fine be paid by instalments;
(c) postpone the issue of a warrant under Section
303 of this Law;
(d) without postponing the issue of a warrant under
Section 303 of this Law, postpone the sale of
any property seized under such warrant;
(e) postpone the execution of the sentence of
imprisonment in default of payment of the fine.
(2) Any order made in the exercise of the powers
referred to in Sub-Section (1) of this Section may be subject to
the offender giving such security as the authority making the
order thinks fit by means of a bond with or without sureties, and
such bond may be conditioned either for the payment of the fine
in accordance with the order or of the appearance of the offender
as required in the bond or both.

134
 (3) In like manner the Court or any person so
authorized may order that the execution of the sentence of
imprisonment upon an offender who has been committed to
custody in default of payment of fine be suspended and that he
be released but only subject to the offender giving security as set
forth in Sub-Section (2) of this Section.
(4) In the event of the fine or any instalment thereof
not being paid in accordance with an order under this Section the
authority making the order may enforce payment of the fine or of
the balance outstanding by any means authorized in this chapter
and may cause the offender to be arrested and may commit or
recommit him to custody under the sentence of imprisonment in
default of payment of the fine.
306.(1) When the offender is sentenced to a Haddi lashing Execution of
sentence of Haddi
the sentence shall be executed at such time as the Court may lashing
direct in the presence of an official of the Court and the sentence
shall be inflicted by such instrument and in such manner and at
such place as shall be prescribed by order of the Court.
(2) Nothing contained in this Law shall be deemed to
authorize the infliction of a Haddi lashing upon any person other
than a Muslim.
307.(1) When the offender is sentenced to caning, the Execution of
sentence of
sentence shall be executed at such place and time as the Court caning
may direct.
(2) The caning shall be inflicted in the presence of the
registrar of the Court.
(3) No sentence of caning shall be executed by
instalments.

308.(1) Where before the execution of sentence of caning it Stay of execution

of sentence of
appears to the Court that the offender is not in a fit state of caning
health to undergo the sentence, it shall stay the execution, and
may either:
(a) after taking a medical opinion again order
the execution of the sentence; or
(b) substitute for it any other sentence which
it could have passed at the trial.
135
 (2) Where during the execution of caning it appears to
the Court that the offender is not in a fit state of health to
undergo the remainder of the sentence, the caning shall
immediately be stopped and the remainder of the sentence be
remitted.

309.(1) Where the offender is sentenced to caning the Stay of execution

of sentence of
Court shall forthwith ask him whether he intends to appeal and if caning to allow
he expresses such an intention the caning shall not be inflicted time for appeal
until fifteen days after the date of sentence or, if an appeal is
made within that time, unless and until the appellate Court
confirms the sentence.
(2) Where the offender is sentenced to caning only and
states to the Court his intention to appeal in accordance with the
provisions of Sub-Section (1) of this Section, the Court shall
release him pending the expiration of the period of fifteen days
or, if an appeal is made within that time, the disposal of the
appeal by the appellate Court on his furnishing bail to the
satisfaction of the Court for his appearance at such time or place
as the Court may direct for the execution of the sentence if such
sentence is to be carried out.
(3) When the offender is sentenced to caning only and
furnishes bail to the satisfaction of the Court for his appearance
at such time or place as the Court may direct for the execution of
the sentence the Court shall release him pending such
appearance.
310. When sentence of imprisonment is passed on an Execution of
sentence on
escaped convict, such sentence shall take effect after he has escaped convict
suffered imprisonment for a further period equal to that which at
the time of his escape remained unexpired for his former
sentence.
311. Subject to the provisions of Section 22 of this Law, Sentence on
offender already
when a person is sentenced to imprisonment such imprisonment sentenced for
shall not commence before the expiration of any imprisonment to another offence
which he has been previously sentenced, unless the Court directs
that the imprisonment shall run concurrently with any such
previous imprisonment.
136
 312. When the sentence has been fully executed, the Return of warrant
on execution of
officer executing it shall return the warrant to the Court in which sentence
the trial took place with an endorsement under his hand
certifying the manner in which the sentence has been executed.

CHAPTER 25
SPECIAL PROCEEDINGS IN CASE OF CERTAIN OFFENCES
AFFECTING THE ADMINISTRATION OF JUSTICE

313. When any Court is of opinion that an offence referred Procedure in

cases mentioned
to in Section 129 of this Law and committed before it or brought in Section 129 of
to its notice in the course of any judicial proceedings should be this Law.
inquired into or tried, such Court, shall refer the matter to the
police for investigation and any appropriate action.
314.(1) When any such offence is as described in Section Procedure in
certain cases
101, 105, 106, 107 or 117 of the Penal Code is committed in the mentioned in
view or presence of a Court, the Court may instead of proceeding contempt
under this Section cause the offender to be detained in custody,
and at any time before the rising of the Court on the same day
may if it thinks fit take cognizance of the offence and sentence
the offender as provided under Section 6 of the Penal Code.
(2) No Court with criminal jurisdiction shall impose a
sentence under this Section which it is not competent to impose
under the provisions of this Law.
315.(1) When any Court takes cognizance under Section Record of certain
cases of
314 of this Law of an offence it shall record the facts constituting contempt
the offence with the statement, if any, made by the offender as
well as the finding and sentence.
(2) Where the offence is under Section 117 of the
Penal Code, the record shall show the nature and stage of the
judicial proceedings in which the Court interrupted or insulted
was sitting and the nature of the interruption or insult.

137
 316. When any Court has under Section 314 of this Law Discharge of
offender on
sentenced an offender to punishment for refusing or omitting to submission of
do anything which he was lawfully required to do or for any apology
intentional insult or interruption, the Court may in its discretion
discharge the offender or remit the punishment on his submission
to the order or requisition of the Court or an apology being made
to its satisfaction.
317. Where any witness or any person called to produce a Imprisonment or
commitment to
document or thing before a Court unlawfully refuses to answer officer’s custody
such questions as are put to him or to produce any document or of person
thing in his possession or power which the Court requires him to refusing to
produce and does not offer any reasonable excuse for such answer or
produce
refusal, the Court may for reasons to be recorded in writing deal document
with him according to the provisions of Section 313 or 314 of this
Law.
318.(1) Any person sentenced by any Court pursuant to Appeals from
convictions in
Section 314 or 317 of this Law may, notwithstanding anything contempt cases
contained in this Law, appeal to the Court to which judgments or
orders made in the trial Court are appealable.
(2) Any person sentenced by any Court pursuant to
Section 314 or 317 of this Law may, notwithstanding anything
contained in this Law, ask for a review by the reviewing authority,
if any, which ordinarily has supervisory power over such Court.

CHAPTER 26
PERSONS OF UNSOUND MIND
319.(1) When a Court holding a trial or an inquiry has Procedure when
defendant is
reason to suspect that the defendant is of unsound mind and suspected to be
consequently incapable of making his defence, the Court shall in of unsound mind
the first instance investigate the fact of such unsoundness of
mind.
(2) An investigation under Sub-Section (1) of this
Section may be held in the absence of the defendant if the Court
is satisfied that owing to the state of the defendant’s mind it
would be in the interest of the defendant or of other persons or
in the interest of the public decency that he should be absent.

138
 (3) If the Court is not satisfied that the defendant is
capable of making his defence, the Court shall adjourn the trial or
inquiry and shall remand such person for a period not exceeding
one month to be detained for observation in any suitable
government psychiatric hospital or similar facility.
(4) A person detained in accordance with Sub-Section
(3) of this Section shall be kept under observation by a medical
officer during the period of his remand and before the expiry of
that period the medical officer shall give to the Court his opinion
in writing as to the state of mind of that person, and if he is
unable within the period to form any definite opinion shall so
certify to the Court and shall ask for a further remand and such
further remand may extend to a period of two (2) months.

(5) Any Court before which a person suspected to be of

unsound mind is accused of any offence may, on the application
of the Attorney-General made at any stage of the proceedings
order that such person be sent to some suitable place for
observation.
320.(1) Where a medical officer reports under Section 319 Certificate of
medical officer
that the person is of sound mind and, capable of making his
defence, the Court shall, unless satisfied that the defendant is of
unsound mind, proceed with the inquiry or trial.
(2) Where the medical officer report under Section 319
that such person is of unsound mind and incapable of making his
defence, the Court shall if satisfied of the fact, find accordingly
and thereupon the inquiry or trial shall be adjourned.
321.(1) Whenever a defendant is found to be of unsound Release of
persons of
mind and incapable of making his defence the Court, if the unsound mind
offence charged is not punishable with death, may in its pending
discretion release him on sufficient security being given by his investigation or
guardians that he shall be properly taken care of and shall be Trial
prevented from doing injury to himself or to any other person and
for his appearance when required before the Court or such officer
as the Court appoints in that behalf.

139
 (2) Where the offence charged is one punishable, with
death or if a Court has refused to take security under Sub-Section
(1) of this Section or if no application is made for bail or if an
application for bail is refused the Court shall report the case to
the Governor who after consideration of the report may, in his
discretion, order the defendant to be confined in a suitable
medical facility or as he may direct.

(3) Pending the order of the Governor the defendant

may be committed to a suitable place of safe custody.
322. Whenever an inquiry or trial is adjourned under Resumption of
inquiry or trial
Section 319 or Section 320 of this Law, the Court may at any
time re-open the inquiry or commence the trial and require the
defendant to appear or be brought before such Court.
323. When the defendant has been released under Section Resumption of
proceedings un-
321 of this Law, the Court may at any time require the defendant der Section 322
to appear or be brought before it and may again proceed under
Section 322 of this Law.
324. Whenever any person is acquitted upon the ground Judgment of
acquittal on
that at the time at which he is alleged to have committed an ground of mental
offence he was by reason of unsoundness of mind incapable of disorder
knowing the nature of the act alleged as constituting the offence
or that it was wrong or contrary to Law, the finding shall state
specifically whether he committed the act or not.
325.(1) Whenever the finding states that the defendant Safe custody of
person acquitted
committed the act alleged, the Court before which the trial has
been held, shall, if such act would but for incapacity found have
constituted an offence, order such person to be kept in a suitable
government medical facility.
(2) The Governor may order such person to be
confined in a suitable place for appropriate treatment.
326. When any person is confined under Section 321 or Observation of
persons of
Section 325 of this Law, a responsible medical officer shall keep unsound mind
him under observation in order to ascertain his state of mind and
such medical officer shall make a special report as to the state of
mind of such person for the information of the Governor at such
time or times as the Governor shall require.
140
 327. Where the responsible medical officer referred to in Procedure where
a person of un-
Section 326 of this Law, certifies that in his opinion a person sound mind re-
confined under Section 321 or 325 of this Law, may be ported fit for dis-
discharged without danger to himself or to any other person, the charge
Governor may thereupon order him to be discharged or to be
detained in custody and he may appoint two medical officers to
report on the state of mind of such person and on receipt of such
report the Governor may order his discharge or detention as he
thinks fit.
328. Where a person is confined in any place the Governor Transfer from one
place of custody
may direct his transfer from one medical facility to another. to another.

329. Whenever any relative or friend of any person Delivery of person

of unsound mind
confined under Section 321 or 325 of this Law applies to the to care of
Governor that such person shall be delivered over to his care and Relatives
custody the Governor may in his discreation order such person to
be delivered to such relative or friend upon the relative or friend
giving sufficient security that:

(a) the person delivered shall be properly

taken care of and shall be prevented from
doing injury to himself or to any other
person;
(b) where at any time it shall appear that the
person delivered is capable of making his
defence the relative or friend shall
produce such person for trial; and
(c) the person delivered shall be produced for
the inspection of such officer and at such
time as the Governor directs.

141
 CHAPTER 27
PROCEEDINGS RELATING TO CORPORATIONS

330.(1) In this Chapter: Interpretation

Under this
Chapter.
“corporation” means anybody corporate,
incorporated in Nigeria or elsewhere;
“representative” in relation to a corporation
means a person duly appointed by the
corporation to represent it for the purpose of
doing any act or thing which the representative
of a corporation is by this chapter authorised to
do, but a person so appointed shall not by
virtue only of being so appointed be qualified to
act on behalf of the corporation before any
Court for any other purpose.
(2) A representive for the purposes of this chapter
need not be appointed under the seal of the corporation, and a
statement in writing purporting to be signed by a managing
director of the corporation or by any person having, or being one
of the persons having, the management of the affairs of the
corporation, to the effect that the person named in the statement
has been appointed as the representative of the corporation for
the purposes of this chapter shall be admissible without further
proof as evidence that the person has been so appointed.

331. Where a corporation is called upon to plead to any Plea by

corporation
charge it may enter in writing by its representative a plea of
guilty or not guilty or any plea which may be entered under the
provisions of Section 213 of this Law, and if either the
corporation does not appear by a representative or, though it
does so appear, fails to enter any plea; the Court shall order a
plea of not guilty to be entered and the trial shall proceed as
though the corporation had duly entered a plea of not guilty.

142
 332. A Lower Court may commit a corporation for trial to Committal of
corporation for
the High Court. trial

333. A representative may on behalf of a corporation: Powers of

representative
(a) make a statement before Lower Court
holding a preliminary inquiry;
(b) state whether the corporation is ready to
be tried on a charge or altered charge to
which the corporation has been called on
to plead under the provisions of Section
180 of this Law.
334. Where a representative appears, any requirement of Matters to be
read or explained
this Law, that anything shall be done in the presence of the to representative
defendant, or shall be read or explained to the defendant, shall
be construed as a requirement that such thing shall be done in
the presence of the representative or read or explained to the
representative.
335. Where a representative does not appear, any such Non appearance
of representative
requirement as is referred to in Section 334 of this Law, shall not
apply.
336.(1) Subject to the provisions of this chapter, the Savings
provisions of this Law relating to the inquiry into and trial of
offences shall apply to a corporation as they apply to a natural
person of full age and sui juris.

(2) A corporation may be charged jointly and tried with

an individual for any offence.

CHAPTER 28
THE COMPOUNDING OF OFFENCES
337.(1) The offences punishable under the Sections of the Compounding of
offences
Penal Code described in the first two columns of Appendix C may, Appendix C
subject to the subsequent provisions of this Section, be
compounded by the persons mentioned in the third column of
that Appendix.

143
 (2) When any offence is compoundable under this
Section the abetment of such offence or an attempt to commit
such offence, when such attempt is itself an offence, may be
compounded in like manner.

(3) When the person who would otherwise be

competent to compound an offence under this Section is under
eighteen years of age, an idiot or a lunatic, any person
competent to contract on his behalf may compound the offence.
(4) The offences mentioned in Part I of Appendix C
may be compounded without the leave of the Court at any time
before the defendant has been convicted by the Court or
committed for trial to the High Court.
(5) The offences mentioned in Part II of Appendix C
may be compounded before the defendant has been convicted by
a Court or committed for trial only with the consent of the Court
which has jurisdiction to try the defendant for the offence or to
commit him for trial.
(6) After a commitment for trial an offence shall not be
compounded except:
(a) with the leave of the committing Court
where the trial has not commenced; or
(b) with the leave of the Court trying the case
where the trial has commenced and has
not been concluded.
(7) After a trial has been concluded an offence shall not
be compounded except with the leave of the Court to which an
appeal would lie.
(8) The compounding of an offence under this Section
shall have the effect of an acquittal of the defendant.
(9) No offence shall be compounded except as
provided by this Section.

144
 CHAPTER 29
CUSTODY, DISPOSAL AND RESTORATION OF PROPERTY

338. In this Chapter, “property” in the case of property Meaning of

property under
regarding which offence appears to have been committed, this chapter
includes not only the property as has been originally in the
possession or under the control of a party, but also any property
into or for which that same has been converted or exchanged
and anything acquired by the conversion or exchange, whether
immediately or otherwise.
Order for custody
339. When any property regarding which any offence and disposal of
appears to have been committed or which appears to have been property pending
used for the commission of any offence is produced before any trial
Court during any inquiry or trial, the Court may make such order
as it thinks fit for the proper custody of that property pending the
conclusion of the inquiry or trial and, if the property is subject to
speedy or natural decay, may, after recording such evidence as it
thinks necessary, order it to be sold or otherwise disposed of.
340.(1) When an inquiry or trial in any criminal case is Order for disposal
of property after
concluded, the Court may make such order as it thinks fit for the trial
disposal by destruction, confiscation or delivery to any person
appearing to be entitled to the possession thereof or otherwise of
any movable property or document produced before it or in its
custody or regarding which any offence appears to have been
committed or which has been used for the commission of any
offence.
(2) When an order is made under this Section in a case in
which any appeal lies, such order shall not, exccept when the
property is livestock or is subject to speedy and natural decay, be
carried out until the period allowed for presenting such appeal
has passed or, when such appeal is presented within such period,
until such appeal has been disposed of.

145
 (3) Notwithstanding the provisions of Sub-Section (2) of this
Section, the Court may in any case make an order under the
provisions of Sub-Section (1) of this Section, for the delivery of
any property to any person appearing to be entitled to the
possession thereof on his executing a bond with or without
sureties to the satisfaction of the Court engaging to restore such
property to the Court, if the order made under this Section is
modified or set aside by the applellate Court.

Payment to
341. When any person is convicted of any offence which the innocent
includes or amounts to theft or receiving stolen property and it is purchaser of
proved that any other person has bought the stolen property money found
from him without knowing or having reason to believe that the on defendant
same was stolen and that any money has on his arrest been
taken out of the possession of the convicted person, the Court
may, on the application of the purchaser and on the restitution of
the stolen property to the person entitled to the possession
thereof, order that out of such money a sum not exceeding the
price paid by the purchaser be delivered to him.
342.(1) On a conviction under Sections 170, 370 or 371 of Destruction of
defamatory and
the Penal Code the Court may order the confiscation or other matter
destruction of all the copies of the thing in respect of which the
conviction was had and which are in the custody of the Court or
remain in the possession or power of the person convicted.
(2) The Court may, in like manner, on a conviction
under Sections 152 to 158 of the Penal Code order the food
drink, drug or medical preparation in respect of which the
conviction was obtained to be destroyed.
343.(1) Whenever a person is convicted of an offence Power to restore
possession of
attended by criminal force or show of force or criminal immovable
intimidation and it appears to the Court that thereby any person property
has been dispossessed of any immovable property, the Court may
if it thinks fit order that person to be restored to the possession
of the same.
(2) No order under Sub-Section (1) shall prejudice any
right or interest to or in such immovable property which any
person may be able to establish in a civil suit.
146
 344.(1) The seizures by the police of property taken under Procedure upon
seizure of
Section 48 of this Law or alleged or suspected to have been property taken
stolen or found in circumstances which create a suspicion of the under Section 48
commission of an offence shall be forthwith reported to a Court of this Law or
which shall make such order as it thinks fit respecting the stolen
disposal of the property or its delivery to the person entitled to
the possession of it on such conditions as the Court thinks fit, or,
if such person cannot be ascertained, respecting the custody and
production of such property.
(2) Where the person entitled to the possession of
property referred to in Sub-Section (1) is unknown, the Court
may detain it and shall in such case issue a public notice in such
form as it thinks fit specifying the articles of which the property
consists and requiring any person who may have a claim thereto
to appear before the Court and establish his claim within six
months from the date of the notice.
345.(1) Where no person within the period referred to in Procedure where
owner of property
Section 344 establishes his claim to property referred to in that seized is
Section and if the person in whose possession such property was Unknown
found is unable to show that it was lawfully acquired by him,
such property shall be at the disposal of the Court and may be
sold in accordance with the orders of the Court.
(2) At any time within two years from the date of the
property coming into the possession of the police the Court may
direct the property or the proceeds of the sale of the property to
be delivered to any person proving his title thereto on payment
by him of any expenses incurred by the Court in the matter.
346. If the person entitled to the possession of property Power to sell
perishable
referred to in Section 344 of this Law is unknown or absent and property
the property is subject to speedy and natural decay or if the
Court to which its seizure is reported is of opinion that its sale
would be for the benefit of the owner, the Court may at any time
direct it to be sold and the provisions of Section 344 and 345 of
this Law shall as nearly as may be practicable apply to the net
proceeds of such sale.

147
 CHAPTER 30
MISCELLANEOUS
General power
347. Where by any written Law, the Court is empowered to of awarding
impose a penalty for an offence triable summarily, it may in the imprisonment in
absence of express provision to the contrary order a defendant default of
who is convicted of such offence, in default of payment of the payment of
penalty
sum of money adjudged to be paid by order, at the time specified
in the order as the case may be, to be imprisoned with labour in
accordance with the scale set out in Section 348 of this Law.
348. Subject to the provision of a Law on which an order is Imprisonment in
default of fine
founded, the period of imprisonment whether with or without
labour, which is imposed by the Court in respect of the non-
payment of any sum to be paid by an order, shall be such period
as in the opinion of the Court will satisfy the justice of the case
but shall not exceed the maximum fixed in the following scale.
Imprisonment in default of payment of fine shall not exceed
the following:
Does not exceed N10,000 seven days
Does not exceed N25,000 fourteen days
Does not exceed N50,000 one month
Does not exceed N70,000 two months
Does not exceed N100,000 four months
Does not exceed N200,000 six months
Does not exceed N300,000 one year
Does not exceed N400,000 one year six months
Does not exceed N500,000 two years.
349. A Court in fixing the amount of any fine to be Consideration for
imposition of fine
imposed, shall take into consideration the nature of the offence,
the victim of such an offence, and the application of the fine as
part of revenue for the State.

148
 350. Subject to any rules made by the Chief Judge under Expenses of
complainants and
Section 359 of this Law, any criminal Court may if it thinks fit, witnesses
remit the fees for the issue and service of any witness summons
and order payment on the part of the Government at the
reasonable expenses of any complainant or witness attending for
the purpose of any trial, inquiry or other proceeding before such
Court under this Law.
351.(1) Whenever under any Law in force for the time Power of Court to
order payment of
being a criminal Court imposes a fine, the Court may, when expenses or
passing judgment, order that in addition to a fine a convicted compensation in
person shall pay a sum:- addition to a fine
(a) in defraying expenses properly incurred in
the prosecution;
(b) in compensation in whole or in part for the
injury caused by the offence committed,
where substantial compensation is in the
opinion of the Court recoverable by civil
suit;
(c) in compensating an innocent purchaser of
any property in respect of which the
offence was committed who has been
compelled to give it up;
(d) in defraying expenses incurred in medical
treatment of any person injured by the
defendant in connection with the offence.
(2) Where the fine referred to in Sub-Section (1) of this
Section is imposed in a case which is subject to appeal, no such
payment additional to the fine shall be made before the period
allowed for presenting the appeal has elapsed or, if an appeal is
presented, before the decision on the appeal.

352. At the time of awarding compensation in any Payments to be

taken into
subsequent civil suit relating to the same matter the Court shall consideration in
take into consideration any sum paid or recovered as subsequent suit
compensation under Section 351 of this Law.
353. Any compensation adjudged to be payable under Moneys ordered
to be paid
Section 32 of the Penal Code and the payment of any money, recoverable fines
other than a fine, payable by virtue of any order under this Law,
may be enforced as it it were a fine.
149
 354.(1) Where any person affected by a judgment or order Copies of
Proceedings
passed by Court desires to have a copy of any order or deposition
to other part of the record other than the judgment, he shall on
applying for such copy be furnished with it.
(2) An application under Sub-Section (1) of this Section
shall be made within a period of two years, unless the Court or
appellate Court in any case on account of the poverty of the
appellant or for some special reason directs that the copy be
furnished without fee.
(3) The applicant shall pay such fee, if any, for the copy
as may be prescribed, unless the Court or appellate Court in any
case on account of the poverty of the appellant or for some
special reason directs that the copy be furnished without fee.
355. Any police officer may seize any property which may Power of police to
seize property
be alleged or suspected to have been stolen or which may be suspected to be
found in circumstances which create suspicion of the commission stolen
of any offence and such police officer, if subordinate to the officer
in charge of a police station, shall forthwith report the seizure to
that officer.
356.(1) Any superior police officer may exercise the same Power of superior
police officers
powers throughout the local area to which he is appointed as
may be exercised by an officer in charge of a police station within
the officers limits of his station.
(2) The State Police Command shall ensure that the
decisions of the Court in all criminal trials are transited to the
Central Criminal Registry and the office of the Attorney-General
within thirty (30) days of the judgment.

357.(1) When any person causes the arrest of another Compensation to

persons
person and it appears to the Court by which the case is inquired erroneously
into or tried that there was no sufficient ground for causing arrested
arrest, the Court may in its discretion direct the person causing
the arrest to pay to the arrested person or each of the arrested
persons, if there are more than one person, such compensation
not exceeding such amount to each of such persons as the Court
thinks fit and may award a term of imprisonment not exceeding
three months in the aggregate in default of payment, and the
provisions of Section 37 and 38 of the Penal Code shall apply as if
such compensation were a fine.
150
 (2) Before making any direction under Sub-Section (1)
of this Section the Court shall:-
(a) record and consider any objection which
the person causing the arrest, if present,
may urge against the making of the
direction; and
(b) state in writing its reasons for awarding
the compensation.

(3) Compensation awarded under this Section may be

recovered as if it were a fine.

(4) Any person directed to make a payment of

compensation under this Section may appeal from the direction
as if he had been convicted after trial by the Court.

358. Nothing in this Law shall affect the use or validity of Savings as to
other forms and
any special forms in respect of any procedure or offence specified procedure
under the provisions of any other written Law or the validity of
any other procedure provided by any other written Law.
359.(1) The Chief Judge may make rules for all or any of Power to make
Rules
the following purposes:

(a) prescribing fees or expenses to be

charged for or in respect of any act or
thing done under this Law;
(b) prescribing the books and forms of
account to be used in magistrates’ Courts
and keeping of the same;
(c) requiring the making and forwarding of
returns of cases decided in magistrates’
Courts to the Chief Judge or to any Judge
of the High Court and prescribing the
forms of and terms of forwarding such
returns;
(d) prescribing the imposition of penalties on
any person who fails to take any action
required by a rule of Court or who
disobeys any rule of Court;
151
 (e) prescribing forms for processes, warrants,
summonses, orders of Court, bonds
notices, certificates and receipts;
(f) prescribing the conditions under which
statements may be made to the police by
defendant and other persons and under
which such statements may be admitted
in evidence; and
(g) generally for the better carrying into effect
of the provisions, objects and intentions of
this Law.

(2) Rules of Courts made under this Section shall apply

to all proceedings in the State.

360.(1) No person shall try or commit for trial or sit as a Case in which
member of Court
member of the Court which tries any case to or in which he is a is personally
party or personally interested. interested

(2) A person shall not be deemed to be a party to or

personally interested in any case within the meaning of this
Section by reason only that he is concerned therein in a public
capacity or by reason only that he has viewed the place in which
an offence is alleged to have been committed or any other place
in which any other transaction material to the case is alleged to
have occurred or made or held in inquiry in connection with the
case.

361. Subject to the provisions of Section 360 of this Law,

Proceeding by or
any criminal proceeding by or against any officer of a Court for against officer of
any offence or matter cognizable by a Court may be brought in the Court
any Court having jurisdiction in respect of any particular
proceeding.

Public servant
362. A public servant having any duty to perform in concerned in
connection with the sale of any property under this Law shall not sales not to
purchase or bid for the propery. purchase or bid
for property

152
 363.(1) No Judge of the High Court, Magistrate shall be Protection of
judicial officers
liable for any act done or ordered to be done by him in the
course of any proceeding before him whether or not within the
limits of his jurisdiction, provided that at the time he, in good
faith, believed himself to have jurisdiction to do or order to be
done the act complained off.

(2) No person required or bound to execute any

warrant or order issued by a Court shall be liable in any action for
damages in respect of the execution of such warrant or Order
unless it be proved that he executed either in an unlawful
manner.

CHAPTER 31
IRREGULAR PROCEEDINGS
364. Where any Court not empowered by law to do any of Irregularities
which do not
the following things, namely:- vitiate
proceedings
(a) to issue a search warrant under Section 82 of this
Law;
(b) to direct, under Section 136 of this Law, the
police to investigate an offence;
(c) to take cognizance of an offence under Section
129 of this Law, erroneousl;y in good faith does
any such things, the procedings shall not be set
aside merely on the ground that the Court was
not so empowered.

Irregularities
365. Where any Court not being empowered by law in this which vitiate
behalf, does any of the following things, namely:- proceedings
(a) attaches and sells property under Section 76 of this
Law;
(b) demands security to keep the peace;
(c) demands security for good behaviour;
(d) discharges a person lawfully bound to be of good
behaviour;
(e) cancels a bond to keep the peace;
(f) makes an order under Section 297 as to public
nuisance;

153
 (g) prohibits, under Section 97 of this Law the
repetition or continuance of a public nuisance; or
(h) tries an offender; or
(i) decides an appeal,
such proceeding shall be void.

Effect of omission
366.(1) No finding or sentence pronounced or passed shall to prepare charge
be deemed invalid merely on the ground that no charge was
framed, unless, in the opinion of an appeal Court or reviewing
authority a failure of justice has in fact been occasioned thereby.

(2) Where an appeal Court or reviewing authority

thinks that a failure of justice has been occasioned by an
omission to frame a charge, it may order that a charge be framed
and that the trial be recommenced from the point at which the
appeal Court or reviewing authority considers the charge should
have been framed.

367. Subject to the foregoing provisions, no finding, Finding or

sentence or order passed by a Court of competent jurisdiction sentence when
shall be reversed or altered on appeal or review on account of reversible by
any error, omission or irregularity in the complaint, summons, reason of error or
omission in
warrant, charge, public summons, order, judgment or other charge or other
proceedings before or during trial or in any inquiry or other proceedings
proceedings under this Law unless the appeal court or reviewing
authority thinks that a failure of justice has in fact been
occasioned by such error, omission or irregularity.

EXPLANATION:
In determining whether any error, omission or irregularity in
any proceeding under this Law has occasioned a failure of justice, the
Court shall have regard to the fact whether the objection could and
should have been raised at an earlier stage in the proceedings.
368. A summons, warrant or other process under any Proceedings valid
not withstanding
written Law shall not be invalidated by reason of the person who death or vacation
signed the same dying or ceasing to hold office or have of office of
jurisdiction. person issuing

154
 369. A Court may at any time amend any defect in Errors and
omission in
substance or in form in any order or warrant issued by such orders and
Court, and no omission or error as to time and place, and no warrants
defect in form in any order or warrant given under this Law, shall
be held to render void or unlawful any act done or intended to be
done by virtue of such order or warrant, when it is therein
mentioned, or may be inferred from it, that it is founded on
conviction of judgment, and there is a valid conviction or
judgment to sustain the same.

CHAPHTER 32
THE ADMINISTRATION OF CRIMINAL JUSTICE MONITORING
COMMITTEE

370. (1) There is established the Administration of Criminal Establishment of

the
Justice Monitoring Committee (in this Law referred to as “the Administration of
Committee”). Criminal Justice
Monitoring
(2) The Committee shall consist of: Committee.

(a) the Chief Judge who shall be the Chairman;

(b) a Judge of the High Court;

(c) Grand Khadi or Khadi;

(d) Attorney-General or his representative not below the

rank of a Director in the Ministry;

(e) Director of Public Prosecutions;

(f) the Commissioner of Police or his representative not

below the rank of Chief Supretendent of Police;

(g) the Controller of the Nigerian Correctional Service in

the State or his representative not below the rank of
Chief Supretendent;

(h) the State Co-ordinator of the National Human Rights

Commission or his representative;
155
 (i) the Chairman of any of the local branch of the
Nigerian Bar Association in the state to serve for two
years only;

(j) State Director of Department of Security Service or

his representative;

(k) the State Director of the Legal Aid Council of Nigeria

or his representative; and

(l) a representative of the Civil Society working on

human rights and access to justice or women rights to
be appointed by the Committee to serve for a period
of two years only.

(m) The Chairman of the Magistrates Association of

Nigeria Katsina State Chapter.

(3) A member not being a Public Officer may resign his

appointment by a letter to the Chairman.

(4) Members of the Committee shall be paid such

allowances applicable to State Boards, Commissions and Agencies
approved by the State Executive Council.
Functions of the
371. (1) The Committee shall be charged with the Committee.
responsibility of ensuring effective and efficient application of this
Law by the relevant agencies.

(2) Without prejudice to the generality of subsection (1)

of this Section, the Committee shall ensure that:

(a) criminal matters are speedily dealt with;

(b) congestion of criminal cases in Courts is drastically

reduced;

156
 (c) congestion in detention facilities is reduced to the
barest minimum;

(d) persons awaiting trial are, as far as possible, not

detained in custodial centre;

(e) the relationship between the organs charged with

the responsibility for all aspects of the
administration of justice in the state is cordial;

(f) that quarterly reports are submitted to the

Governor to keep him abreast of developments
towards improved criminal justice delivery and for
necessary action; and

(g) it carries out such other activities as are necessary

for the effective and efficient administration of
criminal justice.

372. (1) The Committee shall established and maintain Secretariat of the
Committee.
secretariat with such number of staff as it considers necessary for
the efficient running of its affairs provided that the number of
staff shall not exceed ten except with the approval of the
Governor.

(2) The Secretariat shall be headed by a Secretary who

shall be nominated by the Attorney-General.

(3) The Secretary shall be a legal practitioner of not less

than 5 years post call experience and shall posses sound
knowledge of the practical functioning of the criminal justice
system and adequate experience in justice system administration.

(4) The Secretary shall be responsible for the execution of

the policy of the Committee and the day-to-day running of the
affairs of the Committee.

157
 (5) The Secretary shall hold the office for a term of 4
years and may, subject to satisfactory performance of his
functions, be re-appointed for another term of 4 years and no
more.

(6) Subject to this Section, the Secretary shall hold office

on such terms as to emoluments and otherwise as may be
specified in his letter of appointment.

373. (1) There is established for the Committee a Fund into Fund of the
which shall be paid: Committee.

(a) budgetary allocation to it through the Office of

Attorney-General;
(b) such monies as may, from time to time, be provided
to the Committee by any public, private or
international organization by way of a grant, support
or assistance on such terms as are consistent with its
functions; and
(c) such monies as may be received by the Committee in
relation to the exercise of its functions under this
Law.

(2) The Secretary of the Committee shall be the accounting

Officer for the purpose of controlling and disbursing monies from
the Fund established under this Section.
Annual Estimates
374. (1) The Secretary shall submit to the Attorney-General and Accounts
not later than 30th September in each financial year, an estimate
of its expenditure and income during the next financial year.

(2) The Committee shall keep proper accounts and records

in respect of each financial year and shall cause its accounts to
be audited not later than 2 months from the end of each financial
year.

(3) The audited accounts shall be forwarded to the

Governor for his consideration and directives.

158
 375. The Committee shall prepare and publish an annual Annual Report.
report of its activities.

376. (1) For the purpose of carrying out the functions Power to Obtain
conferred on the Committee under this Law, it: Information.

(a) shall have a right to access to all records of any of

the organs in the administration of justice sector to
which this Law applies; and

(b) may, by notice in writing served on any person in

charge of any such organs require that person to
furnish information on such matters as may be
specified in the notice.

(2) A person required to furnish information under Sub-

Section (1) of this Section shall comply with the notice within 7
days.

377. (1) The Committee may make standing orders Proceedings and
Quorum of the
regulating its proceedings. Committee.

(2) The quorum at a meeting of the Committee shall consist

of the Chairman or his representative and five other members of
the Committee.

(3) Subject to the provision of the applicable standing order,

the Committee shall meet at least once a quarter.

(4) At a meeting of the Committee, the Chairman or in his

absence, his representative shall preside at that meeting.

(5) The validity of proceedings of the Committee is not

affected by:

(a) a vacancy in the membership of the Committee; or

(b) a defect in the appointment of a member of the

Committee.
159
 (6) A member of the Committee who has a personal interest
in any matter to be considered by the Committee shall disclose
his interest and shall not vote on any issue relating to the
proposal.

CHAPHTER 33
INTERPRETATION

378. (1) In this Law: Interpretation

“area head” means a person appointed as district,

village or ward head under the Local Government
Law;
“Complaint” means the allegation made orally or in
writing to a Court with a view to its taking action
under this Law that some person whether known or
unknown has committed an offence, but except
where the context otherwise requires it does not
include a police report;
“Court” means any Court of civil or criminal
jurisdiction established by any law or deemed to be so
established;
“High Court” means the High Court of Justice of
Katsina State;
“investigation” includes all proceedings for the
collection of evidence by a police officer;
“local limits of the jurisdiction of a Court” means the
local limits of the administrative division, division or
district or judicial division or magisterial district in
which the Court exercises his or its functions;
“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;
“Penal Code” means the Penal Code Law of Katsina
State;
160
 “police officer” means any member of the Nigeria
Police Force;
“superior police officer” shall have the same meaning
as in the Police Act;
“suspect” includes an arrested person, and a person
the subject of a complaint or a First Information
Report or a police report, even though any such
person may not be the subject of a formal charge;
“take cognizance” with its grammatical variations
means take notice in an official capacity;
(2) Words which refer to acts done also extend to
illegal omissions.
(3) All words and expressions used herein and defined
in the Penal Code shall have the meaning attributed to them by
that Code.
The Administration of Criminal Justice Law, 2019 is hereby
repealed.

161