ADMINISTRATION OF CRIMINAL JUSTICE (REPEAL AND RE-ENACTMENT) LAW OF LAGOS STATE

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

ADMINISTRATION OF CRIMINAL JUSTICE (REPEAL AND RE-ENACTMENT) LAW

ARRANGEMENT OF SECTIONS

PART 1 – ARREST, BAIL AND PREVENTIVE JUSTICE

Arrest- GENERALLY

1.       Arrest how made

2.       No unnecessary restraint

3.       Notification of cause of arrest and rights of arrested person(s)

4.       Arrest in lieu

5.       Search of arrested person

6.       Inventory of property of arrested person(s)

7.       Search of place entered by person sought to be arrested

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

9.       Arrested person to be taken at once to a Police Station

ARREST WITHOUT WARRANT AND PROCEDURE THEREON

10.     Arrest without warrant

11.     Refusal to give name and residential address

12.     Arrest by private persons

13.     Arrest by owners of property

14.     Treatment of person arrested by private person

15.     Offence committed in presence of a Judge or Magistrate

16.     Arrest by a Judge or Magistrate

BAIL ON ARREST WITHOUT WARRANT

17.     Release on bail of a person arrested without warrant

18.     Remedy of a person detained in custody

19.     Discharge of a person for want of evidence

20.     Police to report arrest and detention

Warrants of Arrest

GENERAL AUTHORITY TO ISSUE

21.     General authority to issue warrant

22.     Form and content of warrant of arrest

23.     Warrant issued on complaint to be in writing on oath

24.     Warrant may be issued on any day

25.     Warrants, to whom directed and duration

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

EXECUTION OF, IN GENERAL

27.     Procedure for execution of warrant

28.     Power to arrest on warrant but without the warrant

BAIL BY ORDER OF COURT ON EXECUTION OF WARRANT OF ARREST

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

EXECUTION OF WARRANT OUT OF DIVISION OR DISTRICT IN WHICH ISSUED

30.     Procedure on arrest of persons outside Division or District of Court issuing warrant

PART 2 – Escape and Re-arrest

31.     Re-arrest of person escaping

32.     Provisions of sections 1 and 2 to apply to re-arrest under section 31

33.     Assistance to Judge, Magistrate or Police Officer

PART 3 – Prevention of Offences

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

34.     Power of Magistrate to require execution of recognisance for keeping peace

35.     Security for good behaviour for suspected person

36.     Security for good behaviour for habitual offenders

37.     Order to be made

38.     Procedure in respect of person present in court

39.     Summons or warrant in case of person not present

40.     Copy of order under section 37 to accompany summons or warrant

41.     Power to dispense with personal attendance

42.     Inquiry as to truth of information

43.     Order to give security

44.     Discharge of person against whom allegation is made

PROCEEDINGS IN ALL CASES SUBSEQUENT TO ORDER TO FURNISH SECURITY

45.     Commencement of period for which security is required

46.     Conditions of recognisance

47.     Power to reject sureties

48.     Procedure on failure of person to give security

49.     Power to release persons imprisoned for failure to give security

50.     Power of High Court to review recognisance

51.     Discharge of sureties

PART 4 – Preventive Action of the Police

52.     Police to prevent offences and prevent injury to property

53.     Information of plan to commit an offence

54.     Arrest to prevent an offence

PART 5 – PROVISIONS RELATING IN GENERAL TO ALL CRIMINAL TRIALS AND INQUIRIES

Application and General

55.     Application

56.     General authority to bring persons before courts

57.     Duty to report offence

PART 6 – Place of Trial

VENUE

58.     Venue

59.     Effect of change of venue

60.     Offences against Federal Laws

61.     Judge to decide in case of doubt of venue

SENDING DEFENDANT TO ANOTHER MAGISTRATE

62.     A defendant to be sent in certain cases to another Magistrate

63.     Court having concurrent jurisdiction

64.     Transmission of document

65.     Removal under warrants

66.     Transfer of case where cause of complaint has arisen out of jurisdiction of Court

ASSUMPTION OF JURISDICTION

67.     Courts may assume jurisdiction under certain conditions

68.     Assumption of jurisdiction after commencement of proceedings

PART 7 – Powers of the Attorney-General

69.     Information by the Attorney-General

70.     General control of prosecution by the Attorney-General

CONTROL OF CRIMINAL PROCEEDINGS BY STATE

71.     Discontinuance of criminal cases by the Attorney-General

72.     Withdrawal from prosecution in remand proceedings for offences triable on information

73.     Withdrawals from prosecution in trials before a High Court or a Magistrates’ Court

74.     Issuance of legal advice

PART 8 – Plea Bargain in General

75.     Plea Bargain

76.     Plea and Sentence Agreements

PART 9 – Proceedings in General

INSTITUTION OF CRIMINAL PROCEEDINGS

77.     Methods of Instituting Criminal Proceedings

78.     Particulars of instituting criminal proceedings in Magistrates’ Court

79.     Compelling appearance of a defendant

80.     Summons and warrant

81.     Issue and service on any day

Enforcing Appearance of Defendant

82.     Issue of summons and contents thereof

83.     Hearing by consent before return date of summons

84.     Discretion in ex parte applications

FORM AND SERVICE OF SUMMONS

85.     Summons to be in duplicate

86.     Service of summons

87.     Normal methods of effecting service

88.     Service where person summoned cannot be found

89.     Service on persons in Government service

90.     Proof of service when serving officer not present

91.     Service outside local jurisdiction

92.     Receipt of service of summons

93.     Persons refusing to endorse may be arrested

WARRANT ISSUED IF SUMMONS DISOBEYED

94.     Warrant may issue where summons is disobeyed

95.     Issue of warrant for defendant in the first instance

96.     Applications of sections 21- 30 to such warrant

97.     Warrant may issue before or after return date of summons

Part 10 – Miscellaneous Provisions Regarding Process

IRREGULARITIES

98.     Irregularity in summons, warrant, service or arrest

99.     Variation between charge, summons or warrants

100.   Process valid notwithstanding death or vacation of office of person issuing

SAVING OF VALIDITY OF PROCESS

101.   Validity of process

102.   General addressee of process for issue and execution, being directed to the Sheriff

103.   Certain provisions applicable to all summonses, warrants and processes

PART 11 – Search Warrant

ISSUE AND EXECUTION

104.   Cases in which search warrants may be issued

105.   Discharge of suspected person

106.   Search warrants to be signed by Magistrate

107.   Search warrants: to whom it is directed

108.   Time when search warrant may be issued and executed

109.   Person in charge of closed place to allow access

DETENTION AND DISPOSAL OF ARTICLES SEIZED

110.   Detention of articles seized

111.   Perishable articles may be disposed of by Court

112.   Search for and disposal of gunpowder, arms, etc.

113.   Destruction of forged banknotes

114.   Transmission to Court of other State

PART 12 – Provisions as to Bail and Recognisances Generally

115.   Grant of bail

116.   Security for bail

117.   Recognisance in respect of children

118.   Sureties

119.   Admission to bail after its refusal

120.   Judge may vary bail fixed by Magistrate or Police

121.   Persons before whom recognisance may be executed

122.   Mode of entering into recognisance

123.   Conditional bail

124.   Discharge from custody

125.   Person bound by recognisance who absconds may be committed to prison

126.   Re-consideration of amount of bail on application by Law Officer or Police Officer

127.   Power to revoke bail

128.   Variation of a recognisance where surety is unsuitable

129.   Discharge of surety

130.   Order for fresh security upon original order

131.   Death of surety

132.   Forfeiture of recognisance

133.   Mitigation of forfeiture

134.   Forfeiture on conviction

135.   Where recognisance forfeited: warrant may be issued

136.   Payment on recognisance

137.   Appeal

138.   Registration of bondsperson and revocation of licence

139.   Arrest on breach of recognisance for appearance

140.   Power of court to order prisoner to be brought before it

141.   Use of Forms in First Schedule

PART 13 – Provisions relating to Property and Persons

OWNERSHIP OF PROPERTY

142.   Methods of stating ownership of property

DESCRIPTION OF PERSONS

143.   Description of persons in criminal process

RIGHTS OF MARRIED WOMEN IN RESPECT OF SEPARATE ESTATE

144.   Remedies of a married woman

145.   Husband and wife compellable witnesses

PART 14 – The charge

FORM OF AND JOINDER OF OFFENCES AND PERSONS

146.   Forms of charges to be used and adopted

147.   Form of charge

148.   Particulars of a charge

149.   Sense of words used in charge

150.   Owner and value of property need not be named unless specifically required

151.   When persons may be charged together

152.   Separate charges for distinct offences

153.   When offences may be charged together

VARIATION OF CHARGE

154.   Procedure when a charge is imperfect

155.   Alteration of charge

156.   Procedure on alteration of charge

157.   Recall of witnesses after alteration of charge

158.   Effect of error

159.   Objections cured by verdict

CONVICTION OF ONE OF SEVERAL OFFENCES AND OF OFFENCES NOT SPECIFICALLY CHARGED

160.   Full offence charged attempt proved

161.   Attempt charged full offence proved

162.   Defendant’s liability as to further prosecution

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

164.   Persons tried for a misdemeanour not to be acquitted if felony proved unless court so direct

165.   Conviction of related offences relating to property

166.   Persons charged with an offence may be convicted of any other offence

167.   On a charge of rape conviction for indecent assault may follow

168.   On charge of defilement conviction of indecent assault may follow

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

170.   Where murder is charged and infanticide is proved

171.   Where offence proved is included in the offence charged

WITHDRAWAL OF REMAINING CHARGES

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

PART 15 – Previous Acquittals or Convictions

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

174.   Persons acquitted or convicted may be tried again on separate charge in certain cases

175.   Consequences supervening or not known at previous trial

176.   When court at first trial was not competent

PART 16 – Witnesses

ENFORCING ATTENDANCE OF WITNESS

177.   Issue of summons for witness

178.   Service of summons on a witness

179.   Warrant for witness after summons

180.   Issue of warrant for witnesses in first instance

181.   Penalty on witness refusing to attend

182.   Non-attendance of witness on adjourned hearing

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

184.   Attendance of witness bound by recognisance

185.   Warrant for arrest of witness not attending on recognisance

186.   Warrant for arrest of witness disobeying summons

187.   Fine for non-attendance of witness

188.   Writ of subpoena

189.   Service of subpoena

190.   Witness refusing to be sworn or produce documents

EXPENSES OF WITNESSES

191.   Expenses of witnesses for the prosecution

192.   Expenses of witnesses for the defendant

193.   Adjournment shall be granted subject to witnesses’ costs

194.   Payment of witnesses’ expenses

195.   Provision of interpreter

EXAMINATION OF WITNESSES

196.   Application of the Evidence Law

197.   Power to call or recall witness

198.   Certificates of certain Government technical officers

199.   Right of reply

PART 17 – Publicity and View

200.   Public to have access to hearing

201.   Public may be excluded

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

203.   Order under section 201 or 202 not to apply to press and certain others

204.   Prohibition of children in court during the trial of other persons

205.   View by court of locus

Determination of Age

206.   Presumption and determination of age

207.   Age in relation to offences

Presence of Parties and Conduct of Trials

208.   Presence of defendant at trial

209.   Counsel for the prosecution and for defendant

210.   Position of person summoned in court

Recording of Plea

211.   Pleading to information or charge

212.   Effect of plea of not guilty

213.   Plea of guilty

214.   Plea when offence admitted is included in offence charged

215.   Failure to plead due to malice

216.   Pleas: autrefois acquit or convict, pardon

PART 18 – Persons of Unsound Mind

217.   Procedure when defendant is suspected to be of unsound mind

218.   Certificate of Medical Officer

219.   Release of person of unsound mind pending trial

220.   Resumption of trial

221.   Resumption of proceedings under section 217

222.   Acquittal on ground of insanity (including insanity resulting from intoxication)

223.   Safe custody of person acquitted

224.   Observation of prisoners of unsound mind

225.   Procedure when person of unsound mind is reported able to make a defence

226.   Procedure when person of unsound mind is reported fit for discharge

227.   Transfer from one place of custody to another

228.   Delivery of person of unsound mind to care of relative

229.   Removal to another State

PART 19 – Trials Generally

230.   Local inspection

231.   Date and place of hearing

232.   Non- appearance of prosecutor

233.   Non- appearance of defendant’s counsel

234.   Change of Legal Practitioner

235.   Non- appearance of defendant

236.   Non- appearance of both parties

237.   Appearance of both parties

238.   Witnesses in general to be out of hearing

239.   Discharge of defendant when no case to answer

240.   Defence

241.   Evidence in reply

242.   Power to take evidence of persons seriously ill

243.   Notices to be given to parties

244.   When statement may be used in evidence

245.   Notes of evidence to be taken

246.   Giving of decision upon conclusion of hearing

247.   Power to bind parties to be of good behaviour

248.   Effect of judgment of dismissal ‘‘on merits’’ ‘‘not on merits’’ and ‘‘without Prejudice’’.

249.   Prosecutorial authority

250.   Form of information

251.   Contents of information

252.   Procedure on information of offenders

253.   Signing of information on behalf of State

254.   Information by private person

255.   Form of notice of trial

256.   Prisoner shall be tried at once

257.   Return of service

258.   Bench warrant where the defendant does not appear

259.   Counsel for State and defence in capital cases

260.   Arraignment, time for raising certain objections

261.   Application of Law to trials

262.   Trials according to practice of High Court of Justice where no Rules exist

263.   Witness arrested under warrant

Remand

264.   Court shall remand defendant in custody

265.   Court shall bring up defendant during remand

266.   Magistrate may adjourn where defendant cannot appear

267.   Place of commitment

Addresses

268.   Opening of case for the prosecution

269.   In certain cases prosecution has no right of reply

270.   Cases in which prosecution shall reply

271.   Reply by Law Officers or a Police Officer who is a Legal Practitioner

Procedure where Constitutional Questions are referred to Higher Court

272.   Reference to Court of Appeal

273.   Stay of Proceedings

Conclusion of Trial

274.   Deliberation by Court

275.   Judgment to be in writing

276.   Defendant to be discharged if found not guilty

277.   Defendant to be asked if he has anything to say before sentence

278.   Sentence

279.   Conviction on other charges pending

280.   Security for appearing for judgment

281.   Delivery of Judgment when Judge or Magistrate is absent

WARRANT OF COMMITMENT

282.   Direct imprisonment

283.   Authority for carrying out non-capital sentences

DEFECTS IN ORDER OR WARRANT

284.   Error or omission not to affect legality of act

PART 20 – Costs, Compensation and Damage

285.   Costs against private prosecutor

286.   Compensation in case of false and vexatious charge

287.   Enforcement of award of compensation

288.   Saving of express procedure for awarding cost and compensation

289.   Injured person may refuse to accept compensation, but payment of compensation is bar

PART 21 – Seizure, Restitution, Forfeiture and Disposition of Property

290.   Order for disposal of property with respect to which offence is committed

291.   Seizure of things intended to be used in commission of offence

292.   Destruction of seditious and prohibited publications

293.   Search warrants shall be used to search for things subject to sections 291 and 292

294.   Restoration of possession of immoveable property

295.   Payment to innocent person of money found on defendant

296.   Restitution and disposition of property found on person arrested

297.   Restitution of property stolen

298.   Mode of dealing with non-pecuniary forfeiture

Summary Procedure in Perjury

299.   Perjury summary procedure

General

300.   Construction of provisions relating to punishment

PART 22 – Capital Sentence

301.   Capital Sentence

302.   Prior formalities (generally)

303.   Authority for detention

304.   Procedure for pardon vested in Governor

305.   Judge’s Certificate

306.   Steps to be taken by the Registrar

307.   Judge to forward report to Commissioner for Justice

308.   Stage at which Governor is to consider report

309.   Where no commutation, pardon or reprieve

310.   Where a pardon or reprieve is granted

311.   Procedure where a pregnant woman is convicted of a capital offence

PART 23 – Imprisonment

312.   Imprisonment with labour

313.   Power to order detention

314.   Consecutive sentences of imprisonment

315.   Date from which sentence commences

316.   Power to impose fines in lieu of imprisonment

317.   Escaped prisoners: effect of escape on punishment

Fines

318.   Fines, imprisonment in default of payment

319.   General power of awarding imprisonment in default of payment of penalty

320.   Payment and allocation of fines and fees

321.   Power to commit defendant in certain cases

322.   Power to postpone issue of warrant of commitment

323.   Payment of penalty to person executing warrant

324.   Commencement of imprisonment

325.   Varying of or discharging order for sureties

326.   Right of person imprisoned in default

327.   Where fines may be recoverable by distress

328.   Warrant of distress

329.   Part payment reduces period of imprisonment in proportion

330.   Conditions attached to detention at discretion of the Governor

PART 24 – Deportation

331.   Court may recommend deportation for offences punishable by imprisonment without Option of fine

332.   Deportation in default of security for peace

333.   Deportation of a person threatening peace and order

334.   Procedure prior to Court recommending deportation under section 332 or 333

335.   Procedure on recommendation of deportation under section 331, 332, or 333

336.   Detention of person concerned

337.   Order of deportation

338.   Minister of Internal Affairs may withhold order and remit case to Court

339.   Provisions as to sentence of deportation

PART 25 – Juvenile Offenders and Probation

340.   Procedure for trying juvenile offenders

341.   Conditional release of offenders

342.   Probation orders and conditions of recognisance

343.   Relieving probation officers of his duties

344.   Duties of probation officers

345.   Variation of terms and conditions of probation

346.   Provisions in case of offender failing to observe conditions of release

COMMUNITY SERVICE

347.   Rules governing Community Service

348.   Rehabilitation and Correctional Centre

MODE OF ADDRESSING MAGISTRATES

349.   How Magistrates are to be addressed

PART 26 – Coroner’s Warrant

350.   No committal for trial by Coroner

FEES

351.   Payment of fees

352.   State not required to pay fees

FORMS

353.   Use of forms in First , Second, Third, Fourth and Fifth Schedules

354.   Power to make Rules of Court

355.   Savings as to other forms and procedure

356.   Proceedings in relation to which sections have effect

PART 27

Special Provisions relating to Corporations

357.   Plea by Corporations

358.   Matters to be read, explained to representatives

359.   Non appearance of representatives

360.   Service on Corporation

PART 28 – Service and execution throughout Nigeria of the process of the courts of the States

361.   Service of summons issued on information etc

362.   Subpoena or summons to witness may be served in another State by leave

363.   Order for production of prisoners

364.   Mode of proof of service

365.   Execution of warrants outside State of issue

366.   Arrest without warrant

367.   Review of order of Magistrate

368.   Forfeiture of recognisance

369.   Execution of distress warrants outside State of issue

PART 29 – Repeal, Interpretation, Citation and Commencement

370.   Repeal

371.   Interpretation.

372.   Citation and Commencement

ADMINISTRATION OF CRIMINAL JUSTICE (REPEAL AND RE-ENACTMENT) LAW

A LAW ON CRIMINAL JUSTICE ADMINISTRATION IN THE HIGH COURTS AND MAGISTRATES’ COURTS OF LAGOS STATE AND FOR CONNECTED PURPOSES

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA