ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Establishment of Criminal Procedure Code.
3. Saving pending proceedings.
4. Saving existing appointments.
5. Trial of offences under Penal Code and other laws.
6. Functions conferred on Federal officers.
7. Delegation of powers of Attorney-General.
SCHEDULE
CHAPTER 491
CRIMINAL PROCEDURE CODE ACT
N.R. 11 of 1960. 20 of 1960. 12 of 1962. 33 of 1962. N.N. 48 of 1961. 39 of 1962. 54 of 1962. 3 of 1963. 27 of 1963. N.N.L.N. 7 of 1961. 46 of 1961. 186 of 1963. 211 of 1963. 12 of 1964.
An Act to establish a code of criminal procedure for the Federal Capital Territory, Abuja.
Commencement.
T’he original numbering of the sections has been retained.
[30th September, 1960]
Short title.
1. This Act may be cited as the Criminal Procedure Code Act.
Establishment of Criminal Procedure Code. Schedule.
2. The provisions contained in the Schedule to this Act shall be the law of the Federal Capital Territory, Abuja with respect to the several matters therein dealt with and the said Schedule may be cited as, and is hereinafter called, the Criminal Procedure Code.
Saving pending proceedings. Cap. 80.
3. All proceedings instituted, commenced or taken in accordance with the provisions of the Criminal Procedure Act or any other written law in respect of a criminal cause or matter pending at the date of the coming into force of this Act shall be valid and effectual and shall be continued in accordance with the provisions of the Criminal Procedure Code Act or such other written law, as the case may be.
Saving existing appointments.
4. Nothing in this Act shall affect the status, appointment or tenure of office of-
(a) a magistrate appointed as such within the Federal Capital Territory, Abuja before the commencement of this Act, and that magistrate shall be deemed to have been appointed as such under this Act and shall exercise his duties in the magistrates’ courts established under this Act in the district in which he was serving before the commencement of this Act, and shall thereafter be subject to the provisions of this Act-,
(b) a justice of the peace holding office as such within the Federal Capital Territory, Abuja before the commencement of this Act, and that justice of the peace shall be deemed to have been appointed as such under this Act and thereafter be subject to the provisions of this Act;
(c) an officer performing duties in connection with a court constituted under any written law before the commencement of this Act, and that officer shall be deemed to have been appointed as such under this Act and shall thereafter be subject to the provisions of this Act.
Trial of offences under Penal Code and other laws. Cap. 532.
5. (1) All offences under the Penal Code Act shall be investigated, inquired into and otherwise dealt with according to the provisions contained in the Criminal Procedure Code.
(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 a law for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
(3) Notwithstanding the provisions contained in subsections (1) and (2) of this section, an area court shall only be bound by the provisions of the Criminal Procedure Code to the extent specified in Chapter XXXIII thereof.
Functions conferred on Federal officers.
6. No function shall be deemed to be conferred by this Act upon a member of the Nigeria Police Force or a commissioned officer of the armed forces of the Federation unless and until the President shall have given his consent to the conferring of those functions.
Delegation of powers of Attorney-General.
7. The powers of the Attorney-General under this Act may be exercised by him in person or through members of his staff acting under and in accordance with his general or special instructions.
Section 2.
SCHEDULE
*CRIMINAL PROCEDURE CODE
PART I
PRELIMINARY
CHAPTER I
SECTION
1. Interpretation.
2. Illegal omissions.
3. Words to have same meaning as in Penal Code Act.
PART II
THE CONSTITUTION AND POWERS OF CRIMINAL COURTS
CHAPTER II.-THE CONSTITUTION OF CRIMINAL COURTS
4. Classes of criminal courts.
5. Power to divide the Federal Capital Territory, Abuja into districts.
6. Establishment and jurisdiction of magistrate’s court in each district.
7. Presiding officer not to exceed powers.
8. Appointment of magistrates.
9. Territorial jurisdiction of magistrates.
10. Power of Chief Magistrate to direct a subordinate magistrate.
11. Appointment of justices of the peace.
CHAPTER III.-THE POWERS OF CRIMINAL COURTS
12. Offences under Penal Code Act and jurisdiction of area courts.
13. Offences under other laws.
14. Jurisdiction of High Court.
15. Jurisdiction of Chief Magistrate.
16. Jurisdiction of magistrate of first grade.
17. Jurisdiction of magistrate of second grade.
18. Jurisdiction of magistrate of third grade.
19. Power of President to increase jurisdiction of magistrate.
20. Repealed.
21. Combination of sentences.
22. Imprisonment in default of payment of fine.
23. Power to inflict fine in lieu of imprisonment.
24. Sentences in case of convictions of several offences at one trial.
25. Power to bind over parties to be of good behavior.
PART III
ARREST AND PROCESS
CHAPTER IV.-ARREST
A-Arrest
26. When police may arrest.
27. Powers in regard to suspected persons.
28. When private person may arrest.
29. Arrest for offence committed in presence of justice of the peace.
30. Arrest by or in presence of justice of the peace or superior police officer.
31. Resisting endeavor to arrest.
32. Power to seize offensive weapons.
33. When public are bound to assist in arrest.
34. Search of place entered by person sought to be arrested.
35. Pursuit of offender into other jurisdictions.
36. Power to break out of any place for purpose of liberation.
37. No unnecessary restraint to arrest person.
38. Notification of cause of arrest.
B-Procedure after Arrest
39. Procedure after arrest by private person.
40. Person arrested to be taken before a court or officer in charge of police station.
41. Procedure when offender has refused to give his name and address.
42. Person arrested without warrant not to be detained more than twenty- four hours.
43. Police to report arrest.
44. Search of arrested person.
45. Discharge of arrested person.
46. Register of arrests.
CHAPTER V.-PROCESSES TO COMPEL APPEARANCE
A-Summons 47. Power to issue summons, and form of summons.
48. Summons by whom served.
49. Manner of serving summons.
50. Service on corporation’.
51. Service on local authority.
52. Service when person summoned cannot be found.
53. Inability of person served to sign or seal.
54. Service of summons outside local limits.
55. Proof of service.
B-Warrant of Arrest
56. Form of warrant of arrest.
57. Court may direct security to be taken.
58. Warrant to whom directed.
59. Re-direction of warrant.
60. Notification of substance of warrant.
61. Power to arrest without warrant.
62. Person arrested to be brought before court without delay.
63. Where warrant may be executed.
64. Warrant forwarded for execution outside jurisdiction.
65. Procedure for arrest executed outside jurisdiction.
66. Procedure on arrest under warrant outside jurisdiction.
C-Public Summons and Attachment
67. Public summons for person absconding.
68. Attachment of property of person absconding.
69. Restoration of attached property.
D-Other Rules regarding Process
70. Issue of warrant in lieu of or in addition to summons.
71. Power to take bond for appearance.
72. Provisions of this Chapter generally applicable to summons and warrant.
CHAPTER VI.-MEANS TO SECURE THE PRODUCTION OR DISCOVERY OF DOCUMENTS OR
OTHER THINGS AND FOR THE DISCOVERY AND LIBERATION OF PERSONS UNLAWFULLY CONFINED A-Summons to Produce
73. Summons to produce document or other thing.
B-Searches and Orders for Production and Liberation of Persons
74. Issue of search warrant by court or justice of the peace.
75. Application for search warrant.
76. Search for stolen property, etc.
77. Search for person wrongfully confined.
78. Search to be made in presence of witnesses.
79. Searching of woman’s quarters.
80. Occupant of place searched may attend.
81. Search of person found in place.
82. Mode of searching woman.
83. Execution of search warrant outside jurisdiction.
84. Provisions as to warrants of arrest to apply to search warrants.
85. Justice of the peace may direct search in his presence.
86. Impounding of document, etc.
PART IV
THE PREVENTION OF CRIME
CHAPTER VII.-SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
A-Security for Keeping-the Peace and for Good Behavior on Conviction
87. Security on conviction.
B-Security for Keeping the Peace and for Good Behavior in Other Cases
88. Security in other cases.
89. Security for good behavior from habitual offenders.
90. Warrant for arrest may issue if breach of peace likely.
91. Contents of summons or warrant under section 88, 89 or 90.
92. Inquiry as to truth of information.
93. Order to give security.
94. Discharge of person informed against.
C-Proceedings in all Cases Subsequent to Order to Furnish Security
95. Commencement of period for which security is required.
96. Contents of bond.
97. Imprisonment in default of security.
98. Power to reject sureties.
99. Power to release persons imprisoned for failure to give security.
100. Powers to cancel bond.
CHAPTER VIII.-UNLAWFUL ASSEMBLIES AND RIOTS
101. Assembly to disperse on command of justice of the peace, police or commissioned officer.
102. Use of civil force to disperse.
103. Protection against prosecution for acts done under this Chapter.
CHAPTER IX.- PUBLIC NUISANCES
104. Conditional order for removal of nuisance.
105. Service of order.
106. Person to whom order is addressed to obey or appear before court.
107. Consequences of failure to obey order or to appear.
108. Procedure where person appears.
109. Consequences of disobedience to order made absolute.
110. Order pending enquiry.
111. Prohibition of repetition or continuance of nuisance.
CHAPTER X.-PREVENTIVE ACTION BY POLICE AND PUBLIC 112. Prevention by police and others of offences and injury to public property.
113. Public to assist justice of the peace, etc.
CHAPTER XI.-DUTY OF PUBLIC AND OF SUB-AREA HEADS TO GIVE INFORMATION
114. Public to give information of certain offences.
115. Sub-area head bound to report certain matters.
116. Investigation by sub-area head on receiving information under section 115.
PART V
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE CHAPTER XII
A-Procedure in Cases where the Police may Arrest without a Warrant
117. Information in cases where the police may arrest without a warrant.
118. Procedure where warrant is not required for arrest.
119. Manner of submitting First Information Report.
120. Power of court on receiving First Information Report.
121. Case diary to be kept by police.
122. Use of case diary.
123. Power of police to summon and examine.
124. No inducement to be offered.
125. Confession to justice of the peace.
126. Confession to police officer.
127. Medical examination of suspect.
128. Taking of fingerprints, etc.
129. Remand of person in custody.
130. Procedure where police consider investigation should be terminated without inquiry or trial.
131. Procedure when police consider that investigation should be terminated upon inquiry or trial.
132. Attendance of accused and bonds for attendance of witnesses.
B-Procedure in Cases where the Police may not Arrest without a Warrant
133. Procedure where warrant is required for arrest.
PART VI
PROCEEDINGS IN PROSECUTIONS CHAPTER XIII.-PLACE OF INQUIRY AND TRIAL
134. Ordinary place of inquiry and trial.
135. Place of inquiry or trial when scene of offence is uncertain.
136. Offence committed on a journey.
137. Chief Judge to decide in case of doubt court in which inquiry or trial shall take place.
138. Power to transfer.
139. Power to issue summons or warrant for offence committed beyond local jurisdiction.
CHAPTER XIV.-SANCTIONS NECESSARY FOR THE INITIATION OF CERTAIN
PROCEEDINGS
140. Prosecution for contempt of lawful authority of public officers.
141. Prosecution for breach of contract, defamation and offences against marriage.
142. Prosecution for adultery.
CHAPTER XV.-INITIATION OF JUDICIAL PROCEEDINGS BEFORE A COURT
143. Cognizance of offences by court.
144. Power of court to give directions.
145. Power of court to advise person the subject of a complaint.
146. Examination of complaint.
147. Transfer of case by court.
148. Power of court to order further investigation.
149. Inquiry by court of complaint by person other than police officer.
150. Court may refuse to proceed.
151. Procedure by court not competent to take cognizance of cases.
152. Inquiry or trial.
153. Presence of accused at trial.
154. Process to compel attendance of accused.
CHAPTER XVI.-SUMMARY TRIALS IN MAGISTRATES’ COURTS
155. Procedure in summary trial by magistrate.
156. Substance of accusation to be stated.
157. Conviction on admission of truth of accusation.
158. Evidence for prosecution.
159. Discharge of accused.
160. Charge to be framed when offence appears to have been committed.
161. Plea.
162. Defense.
163. Process for compelling production of evidence at instance of accused.
164. Procedure after finding.
165. Absence of complaint.
166. Frivolous or vexatious accusations. CHAPTER XVII.-PRELIMINARY INQUIRY AND COMMITMENT FOR TRIAL TO THE HIGH COURT
167. Commitment.
168. Taking of evidence produced.
169. When accused to be discharged.
170. Transformation of inquiry into trial.
171. Procedure on transformation of inquiry into trial.
172. Framing of charge.
173. Charge to be explained and copy furnished to accused.
174. List of witnesses for defense at trial.
175. Power of magistrate to examine witnesses named in list given under section 174.
176. Order of commitment.
177. Summons to witnesses for defense when accused is committed.
178. Bonds of complainants and witnesses.
179. Detention in custody in case of refusal to execute bond.
180. Charge, etc., to be forwarded.
181. Power of Attorney-General to amend or alter charge.
182. Power to summon supplementary witnesses.
183. Custody of accused pending trial.
184. Continuation of inquiry by a different magistrate.
CHAPTER XVIII.-TRIALS BY THE HIGH COURT
185. Trial by High Court.
186. Defense in capital cases.
187. Commencement of trial.
188. Plea of not guilty or no plea.
189. Presentation of case for prosecution.
190. Examination of accused at inquiry to be read.
191. Procedure after conclusion of evidence for prosecution.
192. Defense.
193. Right of accused as to examination and summoning of witnesses.
194. Prosecutor’s right of reply.
195. Consideration of finding.
196. Announcement of finding.
197. Procedure on finding of guilty.
198. Sentence.
199. Recommendation to mercy.
CHAPTER XIX.–CHARGES
200. Form of charges.
201. Contents of charges.
202. Particulars as to time, place and person.
203. Charge of criminal breach of trust, etc.
204. Charge of falsification of accounts.
205. When manner of committing offence must be stated.
206. Effect of errors.
207. Procedure on commitment without charge or with imperfect charge.
208. Court may alter charge.
209. When court may proceed with trial immediately after altering, adding to or framing charge.
210. When new trial may be directed or trial suspended.
211. Recall of witnesses when charge revised.
212. Separate charges for distinct offences.
213. Offences of like character may be charged together.
214. Acts forming the same transaction.
215. When it is doubtful on which occasion an offence has been committed.
216. When it is doubtful what offence has been committed.
217. When person charged with one offence may be convicted of another.
218. Conviction of lesser offence where greater charged.
219. Conviction for attempt not separately charged.
220. Withdrawal of remaining charges on conviction on one of several charges.
221. What persons may be charged jointly.
222. Effect of material error.
CHAPTER XX.-PREVIOUS ACQUITTALS AND CONVICTIONS 223. Person once convicted or acquitted not to be tried for same offence.
224. Previous acquittal or conviction, when to be proved. CHAPTER XXI.–GENERAL PROVISIONS AS TO INQUIRIES, TRIALS AND OTHER JUDICIAL PROCEEDINGS
225. Courts to be open.
226. Right of appearance of legal practitioner.
227. Representation of the State, Government Departments and local authorities.
228. General procedure in inquiries and trials by magistrates’ courts and area courts.
229. Oath.
230. Witness not compelled to take oath or make affirmation.
231. Manner of making oath or affirmation.
232. Swearing of Muslims.
233. Protection of witnesses.
234. Taking and recording of evidence.
235. Power to examine the accused.
236. Evidence of accused.
237. Powers to summon material witnesses or call persons present.
238. Evidence of persons confined.
239. When evidence given at preliminary inquiry admissible at trial.
240. Admissibility of statements by accused.
241. Language not understood by accused.
242. Interpreter bound to interpret truthfully.
243. View.
244. Power to take evidence of persons dangerously ill.
245. Commission to take evidence.
246. Examination of witnesses on commission.
247. Return of commission.
248. Evidence taken abroad by interrogatories.
249. Deposition of medical witness.
250. Report of scientific expert.
250A. Reports under sections 249 and 250 of Code.
251. Record of evidence in absence of absconding accused.
252. Record of evidence when offender unknown.
253. Stay of proceedings by Attorney-General.
254. No influence to be used to induce disclosure.
255. Power to postpone or adjourn proceedings.
256. Procedure by court in cases of which it cannot dispose.
257. Procedure when court cannot pass sentence sufficiently severe.
258. Conviction on other charges pending.
259. Joint trial may be stayed and accused tried separately.
260. Reference on points of law.
261. Procedure when accused does not understand proceedings.
262. Delivery of judgment when judge, etc., unavoidably absent.
263. Opinion of majority to prevail.
264. Procedure where court evenly divided.
265. Every member to give opinion.
266. Order of taking opinions.
CHAPTER XXII.-THE JUDGMENT
267. Definition for Chapter XXII.
268. Language and mode of delivering judgment.
269. Contents of judgment.
270. Death sentence not imposed in certain circumstances.
271. Procedure when woman convicted of capital offence alleged to be pregnant. 272. Procedure when person is convicted of a capital offence committed while under seventeen years old.
273. Sentence of death.
274. Cases in which appeal lies.
275. Court not to alter judgment.
276. Copy of judgment or translation to be given to accused on application.
277. Original judgment to be filed.
PART VII
PROCEEDINGS SUBSEQUENT TO JUDGMENT
CHAPTER XXIII.-APPEAL AND REVIEW
278. Appeals from area courts.
279. Appeals from magistrate’s court.
280. Procedure on appeal from magistrate’s court.
281. Memorandum of grounds of appeal from magistrate’s court.
282. Grounds of appeal from magistrate’s court.
283. Giving security to prosecute the appeal from a magistrate’s court.
284. Appeals from High Court.
285. Power of Chief Judge to examine proceedings.
286. Accused, etc., not entitled to be heard on examination of proceedings under section 285.
287. Sentence to take effect pending appeal.
288. Appellant court not to send back judgment for technical error in procedure.
289. Enforcing of judgment.
290. Court member not to hear appeals from judgments.
291. Abatement of appeals.
CHAPTER XXIV.-EXECUTION
292. Definitions for Chapter XXIV.
293. Sections not applicable to area courts.
294. High Court to report death sentence to President.
295. Recommendation of pardon or reprieve.
296. When death sentence to be carried into effect.
297. President to inform High Court.
298. Order for execution of death sentence.
299. Copy of order to be sent to Minister.
300. When woman sentenced to death is alleged to be pregnant.
301. Procedure for granting of pardon.
302. Execution of sentence of imprisonment.
303. Conditions attaching to detention during pleasure.
304. Warrant for levy of fine.
305. Who may issue a warrant.
306. Powers of court when offender sentenced to fine only.
307. Execution of sentence of Haddi lashing.
308. Execution of sentence of caning.
309. Stay of execution of sentence of caning.
310. Stay of execution of sentence of caning to allow time for appeal.
311. Execution of sentence on escaped convict.
312. Sentence on offender already sentenced for another offence.
313. Return of warrant on execution of sentence.
PART VIII
SPECIAL PROCEEDINGS
CHAPTER XXV.-PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE
ADMINISTRATION OF JUSTICE
314. Procedure in cases mentioned in section 140.
315. Procedure in certain cases of contempt.
316. Record of certain cases of contempt.
317. Discharge of offender on submission or apology.
318. Imprisonment or commitment to officer’s custody of person refusing to answer or produce document.
319. Appeals from convictions in contempt cases.
CHAPTER XXVI.-PERSONS OF UNSOUND MIND
320. Procedure when accused is suspected to be of unsound mind.
321. Certificate of medical officer.
322. Release of person of unsound mind pending investigation or trial.
323. Resumption of inquiry or trial.
324. Resumption of proceedings under section 320.
325. When accused appears to have been of unsound mind.
326. Judgment of acquittal on ground of mental disorder.
327. Safe custody of person acquitted.
328. Observation of prisoners of unsound mind.
329. Procedure where person of unsound mind reported fit for discharge.
330. Transfer from one place of custody to another.
331. Delivery of person of unsound mind to care of relatives.
CHAPTER XXVII.-PROCEEDINGS RELATING TO CORPORATIONS
332. Definitions for Chapter XXVII.
333. Plea by corporation.
334. Committal of corporation for trial.
335. Powers of representative.
336. Matters to be read or said or explained to representative.
337. Non-appearance of representative. 338. Saving.
PART IX
SUPPLEMENTARY PROVISIONS CHAPTER XXVIII.-THE COMPOUNDING OF OFFENCES
339. Compounding offences.
CHAPTER XXIX.-BAIL
340. When bail to be granted.
341. When bail may be taken in respect of non-bailable offence.
342. Power of High Court to direct release on bail.
343. Power to arrest person released on bail.
344. Power of High Court to order reduction of bail.
345. Bond of accused and sureties.
346. Discharge from custody.
347. Deposit instead of bond.
348. Bond required from a person under eighteen years.
349. Amount of bond not to be excessive.
350. Reconsideration of bail.
351. Discharge of sureties.
352. Discharge of surety’s estate.
353. When person fails to find surety.
354. Procedure on forfeiture of bond.
355. Arrest on breach of bond for appearance.
CHAPTER XXX.-THE DISPOSAL OF PROPERTY
356. Order for custody and disposal of property pending trial.
357. Order for disposal of property after trial.
358. Payment to the innocent purchaser of money found on accused.
359. Destruction of defamatory and other matter.
360. Power to restore possession of immovable property.
361. Procedure upon seizure of property taken under section 44 or stolen.
362. Procedure where owner of property seized unknown.
363. Power to sell perishable property.
CHAPTER XXXI.-MISCELLANEOUS
364. Expenses of complainants and witnesses.
365. Power of court to order payment of expenses or compensation in addition to a fine.
366. Payments to be taken into consideration in subsequent suit.
367. Moneys ordered to be paid recoverable as fines.
368. Copies of proceedings.
369. Power of police to seize property suspected to be stolen.
370. Powers of superior police officers.
371. Compensation to persons groundlessly given in charge.
372. Saving as to other forms and procedure.
373. Power to make rules.
374. Case in which member of court is personally interested.
375. Proceeding by or against officer of court.
376. Public officer concerned in sales not to purchase or bid for property.
377. Protection of judicial officers.
378. Directions by area court to officer of Nigeria Police.
CHAPTER XXXII.-IRREGULAR PROCEEDINGS
379. Irregularities which do not vitiate proceedings.
380. Irregularities which vitiate proceedings.
381. Effect of omission to prepare charge.
382. Finding or sentence when reversible by reason of error or omission in charge or other proceedings.
383. Process valid notwithstanding death or vacation of office of person issuing.
384. Errors and omissions in order and warrants.
CHAPTER XXXIII.-TRIALS IN AREA COURTS
385. Definitions for Chapter XXXIII.
386. Area courts to be guided by Code.
387. Formal charge not necessary in area courts.
388. Procedure on conviction in area courts when no formal charge made.
389. Right of accused to state case and adduce evidence.
390. Counsel not admitted to area court.
391. Examination of witnesses.
392. Making of finding.
393. Court to record wishes of deceased’s relatives in capital cases.
394. Procedure in capital cases.
395. Records in area court.
396. Duties of justice of the peace.
CRIMINAL PROCEDURE CODE
PART I
PRELIMINARY
CHAPTER I
Interpretation.
1. In this Criminal Procedure Code, unless the context otherwise admits-
“accused person” 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;
Cap. 477.
“area court” means a court established or deemed to have been established under the
Area Courts Act;
“Attorney-General” means the Attorney-General of the Federation;
“charge” includes a head of charge when the charge contains more heads than one;
“Code” means the Criminal Procedure Code;
“complaint” means the allegation made orally or in writing to a court with a view to its taking action under this Criminal Procedure Code 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 a court of civil or criminal jurisdiction established by a law or deemed to be so established;
“High Court” means the High Court of the Federal Capital Territory, Abuja; “inquiry” includes every inquiry, other than a trial, conducted under this Criminal
Procedure Code by a justice of the peace or court;
“investigation” includes all proceedings under Chapter XII or section 149 of this Code for the collection of evidence by a police officer;
“local authority” means an Area Council or any other body established for the administration of the Federal Capital Territory, Abuja;
“local limits of the jurisdiction” of a justice of the peace or court means the local limits of the administrative province, division or district or judicial division or magisterial district in which the justice of the peace or court ordinarily exercises his or its functions, but a justice of the peace except in so far as his powers are limited by the terms of his appointment or otherwise may exercise his powers in a part of the Federal Capital
Territory, Abuja in which he happens to be;
“officer in charge of a police station” or “officer in charge of the police station” includes, when the officer in charge of the police station is absent from the station building or unable for a 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 the officer in charge performs the duty of the officer;
Cap. 532.
“Penal Code” means the Penal Code established by the Penal Code Act;
“police district” means a police province;
“police officer” means a member of the police force;
Cap. 359.
“superior police officer” shall have the same meaning as in section 2 of the Police Act;
“sub-area head” means a person appointed by a local authority to be head of an administrative sub-area;
“take cognizance” with its grammatical variations means take notice in an official capacity.
Illegal omissions.
2. Words which refer to acts done also extend to illegal omissions.
Words to have same meaning as in Penal Code Act.
3. All words and expressions used in this Code and defined in the Penal Code shall have the meanings attributed to them by the Penal Code.
PART II
THE CONSTITUTION AND POWERS OF CRIMINAL COURTS
CHAPTER II.-THE CONSTITUTION OF CRIMINAL COURTS
Classes of criminal courts.
4. There shall be six classes of criminal courts in the Federal Capital Territory, Abuja, namely-
(1) the High Court;
(2) courts of Chief Magistrates;
(3) courts of magistrates of the first grade;
(4) courts of magistrates of the second grade;
(5) courts of magistrates of the third grade;
Cap. 477.
(6) area courts established or deemed to have been established under the Area Courts Act.
Power to divide the Federal Capital Territory, Abuja into districts.
5. The Chief Judge may-
(a) divide the Federal Capital Territory, Abuja, or any portion thereof into magisterial districts for the purposes of establishing magistrates’ courts;
(b) constitute any part of the Federal Capital Territory, Abuja a magisterial district for the purpose of establishing a magistrate’s 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.
Establishment and jurisdiction of magistrate’s court in each district.
6. (1) In each magisterial district there shall be and there is hereby established a court, to be called the magistrate’s court.
(2) A magistrate’s court shall have such jurisdiction as is conferred upon it by this Code or any other written law.
Presiding officers not to exceed powers.
7. (1) Subject to the provisions of this code-
(a) the magistrate of each magisterial district shall be the presiding magistrate of the court of such district wherein 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 magistrates.
8. (1) Magistrates shall be Chief Magistrates or first, second or third grade magistrates.
(2) The Judicial Service Commission responsible for the Federal Capital Territory, Abuja may appoint a person to the office of magistrate.
Cap. 62.
(3) The appointment of magistrates shall be made in compliance with the provisions of the Constitution of the Federal Republic of Nigeria 1999 and of any legislation made in accordance therewith.
Territorial jurisdiction of magistrates.
9. Every magistrate shall have jurisdiction throughout the Federal Capital Territory,
Abuja unless his appointment is specifically limited to the area of a magisterial district, or group of magisterial districts.
Power of Chief Magistrate to direct a subordinate magistrate.
10. Notwithstanding the provisions of section 9 of this Code, a Chief Magistrate who is assigned to a group of magisterial districts may direct a magistrate in one district within the group to assist another magistrate within the group and may direct to the best advantage the movements of any additional magistrate within the group.
Appointment of justices of the peace.
11. The appointment of a justice of the peace shall be made in compliance with the provisions of the Constitution of the Federal Republic of Nigeria 1999.
CHAPTER III.-THE POWERS OF CRIMINAL COURTS
Offences under the Penal Code Act and jurisdiction of area courts. Appendix A.
12. (1) Subject to the other provisions of this Code, an offence under the Penal Code Act may be tried by any court by which the offence is shown in the sixth column of Appendix A of this Code to be triable or by a court other than an area court with greater powers.
Cap. 532. Appendix A.
(2) An offence under the Penal Code Act may be tried by an area court by which the offence is shown in the seventh column of Appendix A to this Code to be triable or by an area court with greater powers:
Provided that the area court shall try the offence only if jurisdiction to do so has been conferred on it by its court warrant.
Cap. 477.
(3) Subject to the provisions of subsection (2), the jurisdiction of area courts shall be governed by the Provisions of the Area Courts Act.
Offences under other laws.
13. (1) An Offence under a law other than the Penal Code may be tried by a court given jurisdiction in that behalf in that law or by any court with greater powers.
(2) When no court is so mentioned the offence may be tried by the High Court or a court constituted under this Code: Provided that in trying an offence-
(a) a Chief Magistrate shall not try an offence punishable with imprisonment for a term which may exceed ten Years or with a fine exceeding one thousand naira;
(b) a magistrate of the first grade shall not try an offence punishable with imprisonment for a term which may exceed five years or with a fine exceeding six hundred naira;
(c) a magistrate of the second grade shall not try an offence punishable with imprisonment for a term which may exceed two years or with a fine exceeding four hundred naira;
(d) a magistrate of the third grade shall not try an offence punishable with imprisonment for a term which may exceed three months or with a fine exceeding two hundred naira;
(e) an area court shall not try an offence under any other law unless jurisdiction to try the offence has been conferred on that area court.
(3) Nothing in subsection (2) of this section shall be deemed to confer on a court a jurisdiction in excess of that conferred on that court by sections 15 to 25 of this Code.
Jurisdiction of High Court.
14. The High Court may pass any sentence authorized by law.
Jurisdiction of Chief Magistrate.
15. A Chief Magistrate may pass the following sentences-
(a) imprisonment for a term not exceeding two years;
(b) fine not exceeding four hundred naira,
(c) caning;
Cap. 532.
(d) detention under section 71 of the Penal Code.
Jurisdiction of magistrate of first grade.
16. A magistrate of the first grade may pass the following sentences-
(a) imprisonment for a term not exceeding one year;
(b) fine not exceeding two hundred naira;
(c) caning;
(d) detention under section 71 of the Penal Code.
Jurisdiction of magistrate of second grade.
17. A magistrate of the second grade may pass the following sentences-
(a) imprisonment for a term not exceeding nine months;
(b) fine not exceeding one hundred naira;
(c) caning;
(d) detention under section 71 of the Penal Code.
Jurisdiction of magistrate of third grade.
18. A magistrate of the third grade may pass the following sentences- (a) imprisonment for a term not exceeding three months; (b) fine not exceeding sixty naira.
Power of President to increase jurisdiction of magistrate.
19. (1) The President may, on the recommendation of the Chief Judge, by order, authorize an increased jurisdiction in criminal matters, to be exercised by a magistrate to such extent as the Chief Judge may on such recommendation specify and such order may at any time be revoked by the President by writing under his hand.
(2) An order under subsection (1) may authorize an increased jurisdiction in respect of-
(a) offences under a named Act;
(b) offences specifically referred to under a named Act; or
(c) a particular offence for which a person is then charged or a particular offence of which a court has taken cognizance.
20. (Repealed by N.N. 12 of 1962.)
Combination of sentences.
21. A court may pass a lawful sentence combining any one of the types of sentences which it is authorized by law to pass.
Imprisonment in default of payment of fine. Cap. 532.
22. A court may award a term of imprisonment in default of payment of a fine which is authorized by section 74 of the Penal Code:
Provided that the term of imprisonment shall not be in excess of the powers of the court under sections 13 to 18 of this Code.
Power to inflict fine in lieu of imprisonment.
23. (1) Where a court has authority under a written law to impose imprisonment for an offence and has not specific authority to impose a fine for that offence the court may in its discretion impose a fine in lieu of imprisonment.
(2) The amount of the fine shall not be in excess of the power of the court to impose fines under sections 13 to 18 of this Code.
(3) No term of imprisonment imposed in default of payment of fine shall exceed the maximum fixed in relation to the amount of the fine by section 74 of the Penal Code.
(4) In no case shall a term of imprisonment imposed in default of payment of a fine exceed the maximum term authorized as punishment for the offence by the written law. (5) The provisions of this section shall not apply in a case where a written law provides a minimum period of imprisonment to be imposed for the commission of an offence.
Sentences in case of convictions of several offences at one trial. Cap. 532.
24. (1) When a person is convicted at one trial of two or more distinct offences, the court may, subject to the provisions of section 76 of the Penal Code, sentence him for those offences to the several punishments prescribed therefore which the court is competent to inflict; those punishments, when consisting of imprisonment, to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that the punishments shall run concurrently.
(2) In cases falling under this section, a court shall not be limited by the provisions of sections 13 to 18 of this Code 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 over parties to be of good behavior.
25. A court may, whether the accused is discharged or not, bind over the complainant or accused, or both, with or without sureties, to be of good behavior and may order a 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.
PART III ARREST AND PROCESS
CHAPTER IV.-ARREST
A-Arrest
When police may arrest.
26. A police officer may arrest a person-
Appendix A.
(a) who commits an offence in his presence not withstanding any provision in the third column of Appendix A of this Code that an arrest may not be made without a warrant;
(b) for whose arrest a warrant has been issued or whom he is directed to arrest by a justice of the peace or superior police officer under section 29 or 30 of this Code; Appendix A.
(c) who has been concerned in an offence for which, in accordance with the third column of Appendix A of this Code or under any other Act for the time being in force in a 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 concerned;
(d) the order for whose discharge from prison has been cancelled by a judge of the High
Court under section 99 of this Code;
(e) 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) required to appear by a public summons published under section 67 of this Code;
(g) found taking precautions to conceal his presence in suspicious circumstances or who being found in suspicious circumstances has no ostensible means of subsistence or cannot give a satisfactory account of himself,
Cap. 532.
(h) 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 sections 115, 116, 118, 119, 120, 121, 122, 168 or 169 of the Penal Code, or who may reasonably be suspected of having committed an offence with reference to such property;
(i) who obstructs a police officer while in the execution of his duty;
(j) who has escaped or attempts to escape from lawful custody;
(k) reasonably suspected of being a deserter from any military force for the time being serving in Nigeria;
Appendix A.
(l) who in his presence has committed or been accused of committing any offence for which the police may not, according to the third column of Appendix A of this Code 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 a false one;
(m) failing to obey a direction of the President issued under section 303 of this Code.
Powers in regard to suspected persons.
27. A police officer may require a person whom he has reasonable grounds for suspecting to have committed an offence of any kind to furnish him with his name and address, and he may require the person to accompany him to the police station.
When private person may arrest.
28. A private person may arrest a person-
(a) for whose arrest he has a warrant or whom he is directed to arrest by a justice of the peace under section 29 of this Code or by a justice of the peace or a superior police officer under section 30 of this Code;
(b) who has escaped from his lawful custody;
(c) required to appear by a public summons published under section 67 of this Code; (d) committing in his presence an offence for which the police are authorized to arrest without a warrant.
Arrest for offence committed in presence of justice of the peace.
29. (1) A justice of the peace may arrest or direct the arrest of a person committing an offence in his presence and shall thereupon hand him over to a police officer or take security for his attendance before a court at a specified time.
(2) Notwithstanding the provisions of subsection (1) of this section, a justice of the peace shall not direct a superior police officer under this section.
Arrest by or in presence of justice of the peace or superior police officer.
30. (1) A justice of the peace or superior police officer may at any time arrest or direct the arrest in his presence of a person for whose arrest a warrant might lawfully be issued.
(2) A justice of the peace making an arrest under subsection (1) of this section shall thereupon hand over the person arrested to a police officer or take security for his attendance before a court at a specified time.
Resisting endeavor to arrest.
31. If a person liable to arrest resists the endeavors to arrest him or attempts to evade the arrest, the person authorized to arrest him may use all means necessary to effect the arrest.
Power to seize offensive weapons.
32. The person making an arrest may take from the person arrested any offensive weapon which he has about his 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 Code to be produced.
When public are bound to assist in arrest.
33. A person is bound to assist a justice of the peace, police officer or other person reasonably demanding his aid in arresting or preventing the escape of a person whom the justice of the peace, police officer or other person is authorized to arrest.
Search of place entered by person sought to be arrested.
34. (1) If a person who is authorized to arrest any other person has reason to believe that the person has entered into or is within a place, he may enter the place and there search for the person to be arrested.
(2) The person residing in or being in charge of the place shall on demand allow free ingress thereto and afford all reasonable facilities for search.
(3) If on demand an ingress is refused, the person authorized to make the arrest may effect an entry by force.
(4) The provisions of this section shall be subject to the provisions of section 79 of this Code.
Pursuit of offender into other jurisdictions.
35. A person authorized to effect the arrest of any other person may for the purpose of effecting the arrest pursue him into any part of the Federal Capital Territory, Abuja.
Power to break out of any place for purpose of liberation.
36. A police officer or other person authorized to make an arrest may break out of any place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
No unnecessary restraint to arrest person.
37. An arrested person shall not be subjected to more restraint than is necessary to prevent his escape.
Notification of cause of arrest.
38. Except when the person arrested is in the actual 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.
B-Procedure after Arrest
Procedure after arrest by private person.
39. (1) A person, other than a police officer or a justice of the peace, making an arrest without a warrant or an order of a justice of the peace shall without unnecessary delay take the person arrested to the nearest police station or hand him over to a police officer.
(2) If the arrested person appears to be one whom a police officer is authorized to arrest, the police officer shall re-arrest him; otherwise the arrested person shall be at once released.
Person arrested to be taken before a court or officer in charge of police station.
40. A police officer making an arrest without warrant or a re-arrest under section 39 of this Code shall without unnecessary delay take or send the person arrested before a court competent under Chapter XV of this Code to take cognizance of the case or before the officer in charge of a police station.
Procedure when offender has refused to give his name and address.
41. A person arrested for refusing to give his name and address or for giving a false
name or address shall-
(a) if he is found to have given his true 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 XV of this Code to take cognizance of the case.
Person arrested without warrant not to be detained more than twenty-four hours.
42. No police officer shall detain in custody a person arrested without warrant for a longer period than in the circumstances of the case is reasonable; and the period shall not, in the absence of an order of a court under section 129 of this Code, exceed twentyfour hours exclusive of the time necessary for the journey from the place of arrest to the court and of an intervening public holiday.
Police to report arrest.
43. An officer in charge of a police station shall report as soon as reasonably possible to the appropriate local authority or superior police officer every case of arrest without warrant within his district.
Search of arrested person.
44. (1) A police officer making an arrest or receiving an arrested person from a person by whom the arrest has been made may search the arrested person or cause him to be searched.
(2) A police officer searching a person shall place in safe custody such articles, other than necessary wearing apparel, as he thinks fit, and shall make a list of those articles, and shall permit the arrested person to retain all articles not so placed in safe custody. (3) When the arrested person is a woman, the search shall not be made except by a woman.
Discharge of arrested person.
45. No person who has been arrested by a police officer or re-arrested under section 39 of this Code shall be discharged except on his own bond or on bail or under the special order of a court.
Register of arrests.
46. A register of arrests shall be kept in the prescribed form 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.
CHAPTER V.-PROCESSES TO COMPEL APPEARANCE
A–Summons
Power to issue summons.
47. (1) A summons to appear or attend before a court may be issued by a court competent to inquire into an offence or by a justice of the peace.
Form of summons.
(2) A summons so issued shall be in writing, in duplicate and signed or sealed by the court or justice of the peace.
Summons by whom served.
48. The summons shall be served by a police officer or by an officer of the court issuing it or other public officer who, under a law for the time being in force, may be authorized to serve summonses.
Manner of serving summons.
49. (1) The summons shall if practicable be served 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 a receipt therefore on the back of the other duplicate.
Service on corporation.
50. Service of a summons on an incorporated company or other body Corporate may be effected by service on the secretary, local manager or other principal officer of the corporation at an office of the corporation in the Federal Capital Territory, Abuja.
Service on local authority.
51. Service of a summons on a local authority shall, subject to a provision of any other Act or an order of a court, be effected by delivering it to an officer or by sending it by registered post addressed to the Chairman of the local authority at the principal office of the local authority.
Service when person summoned cannot be found.
52. Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family, who shall, if so required by the serving officer, sign a receipt therefore on the back of the duplicate, or by affixing one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides.
Inability of person served to sign or seal.
53. Where the person on or with whom a summons is served or left is unable to sign his name or make his mark, the summons shall be served or left in the presence of a witness.
Service of summons outside local limits.
54. A summons required to be served outside the local limits of the jurisdiction of the court or justice of the peace issuing it shall ordinarily be sent in duplicate to a court within the local limits of whose jurisdiction the person summoned resides or is, to be there served.
Proof of service.
55. An affidavit or declaration purporting to be made 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 manner provided by section 49 or 52 of this Code, 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 therein shall be deemed to be correct unless and until the contrary is proved.
B-Warrant of Arrest
Form of warrant of arrest.
56. (1) A warrant of arrest issued under this Code by a court or justice of the peace shall be in writing, signed or sealed by the court or the justice of the peace.
(2) A warrant of arrest shall remain in force until it is cancelled by the court or justice of the peace issuing it or until it is executed.
Court may direct security to be taken.
57. (1) A court or justice of the peace issuing a warrant for the arrest of a person shall have discretion to direct by endorsement on the warrant that, if the person executes a bond with sufficient sureties for his attendance before the court or justice of the peace at a specified time and thereafter until otherwise directed, the person to whom the warrant is directed shall, on receiving security, release that person from custody.
(2) The endorsement referred to in subsection (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.
Warrant to whom directed.
58. (1) A warrant of arrest shall ordinarily be directed to one or more police officers or other public officers who may be authorized to make an arrest, but the court or justice of the peace issuing the warrant may, if its immediate execution is necessary and no police officer or other public officer so authorized is immediately available, direct it to any other person or persons.
(2) When a warrant of arrest is directed to more persons than one, it may be executed by all or by any one or more of them.
Re-direction of warrant.
59. A warrant of arrest directed to a police officer may 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.
Notification of substance of warrant.
60. The person executing a warrant of arrest shall notify the substance thereof to the person to be arrested and, if so required, shall show him the warrant.
Power to arrest without warrant.
61. A warrant of arrest may be executed notwithstanding that it is not in the possession at the time of the person executing the warrant, but the warrant shall, on the demand of the person apprehended, be shown to him as soon as practicable after his arrest.
Person arrested to be brought before court without delay.
62. The person executing a warrant of arrest shall, subject to the provisions of section 57 of this Code as to security, without unnecessary delay bring the person arrested before the court specified in the warrant.
Where warrant may be executed.
63. A warrant of arrest may be executed at any place in the Federal Capital Territory, Abuja.
Warrant forwarded for execution outside jurisdiction.
64. (1) When a warrant of arrest is to be executed outside the local limits of the jurisdiction of the court or justice of the peace issuing it, the court or justice of the peace may, instead of directing the warrant as laid down in section 58 of this Code, forward it by post or otherwise to a court within the local limits of whose jurisdiction it is to be executed.
(2) The court shall endorse the warrant and, if practicable, cause it to be executed in the manner hereinbefore provided within the local limits of its jurisdiction.
Procedure for arrest executed outside jurisdiction.
65. When a warrant of arrest is to be executed beyond the local limits of the jurisdiction of the court or justice of the peace issuing it, the person to whom it is directed shall take it for endorsement to a court within the local limits of whose jurisdiction the warrant is to be executed.
Procedure on arrest under warrant outside jurisdiction.
66. (1) When a warrant of arrest is executed outside the local limits of the jurisdiction of the court or justice of the peace issuing it, the person arrested shall, unless security is taken under section 57 of this Code, be taken before a court within the local limits of whose jurisdiction the arrest was made and the court shall, if the person arrested appears to be the person intended by the court or justice of the peace issuing the warrant, either-
(a) take security for his appearance in accordance with the provisions of Chapter XXIX of this Code or as directed by any endorsement of the warrant under section 57 of this Code and forward the bond or bonds to the court or justice of the peace issuing the warrant; or
(b) direct his removal in custody to the court or justice of the peace.
(2) Notwithstanding the provisions of subsection (1) of this section, the arrested person may be taken directly before the court or justice of the peace issuing the warrant if this course is more convenient having regard to conditions of time, place and other circumstances.
C- Public Summons and Attachment
Public summons for person absconding.
67. (1) If a Judge of the High Court has reason to believe, whether after taking evidence or not, that a person, against whom a warrant of arrest has been issued by himself or by a court or justice of the peace, has absconded or is concealing himself so that the warrant cannot be executed, the Judge may publish a public summons in writing requiring that person to appear at a specified place and a specified time not less than thirty days from the date of publishing the public summons.
(2) The public summons shall be published as follows-
(a) it shall be publicly read in some conspicuous place in the town or village in which the person in respect of whom it is published ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which the person ordinarily resides or to some conspicuous place in the town or village; and
(c) a copy thereof shall be affixed to some conspicuous part of the High Court building.
(3) A statement in writing by the Judge of the High Court to the effect that the public summons was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with and that the public summons was published on such day.
Attachment of property of person absconding.
68. (1) A Judge of the High Court may, at any time after action has been taken under section 67 of this Code, order the attachment of a property movable or immovable or both, belonging to a person the subject of a public summons.
(2) An order under subsection (1) of this section shall authorize a public officer named in it to attach a 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) If 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 High 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 case the judge may cause it to be sold whenever he thinks fit.
Restoration of attached property.
69. If, within one year from the date of the attachment, a person, whose property is or has been at the disposal of the High Court under section 68 of this Code, appears voluntarily or being arrested is brought before the High Court and proves to its satisfaction that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant and that he had not 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 a part thereof which has been sold shall, after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him.
D-Other Rules regarding Process
Issue of warrant in lieu of or in addition to summons.
70. (1) A court or justice of the peace empowered by this Code to issue a summons for the appearance of a person may, after recording reasons in writing, issue a warrant for his arrest in addition to or instead of the summons-
(a) if, whether before or after the issue of the summons, the court or justice of the peace sees reason to believe that he has absconded or will not obey the summons; or
(b) if at the time fixed for his appearance he fails to appear and the summons is proved to have been duly served in time to admit of his appearing and no reasonable excuse is offered for his failure to appear.
(2) A court or justice of the peace empowered by this Code to issue warrant for the arrest of a person may issue a summons in place of a warrant if it or he thinks fit.
Power to take bond for appearance.
71. When a person for whose appearance or arrest a summons or warrant may be issued is present before a court or justice of the peace, the court or justice of the peace may require him to execute a bond, with or without sureties, for his appearance before a court.
Provisions of this Chapter generally applicable to summons and warrant.
72. The provisions contained in this Chapter relating to summonses and warrants and their issue, service and execution shall, so far as may be, apply to every summons and every warrant issued under this Code.
CHAPTER VI.-MEANS TO SECURE THE PRODUCTION OR DISCOVERY OF DOCUMENTS OR
OTHER THINGS AND FOR THE DISCOVERY AND LIBERATION OF PERSONS UNLAWFULLY
CONFINED
A–Summons to Produce
Summons to produce document or other thing.
73. When a court or justice of the peace considers that the production of a document or other thing is necessary or desirable for the purpose of an investigation, inquiry, trial or other proceeding under this Code by or before the court or justice of the peace, the court or justice of the peace may issue a summons to a 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.
B- Searches and Orders for Production and Liberation of Persons
Issue of search warrant by court or justice of the peace.
74. Where for any reason it appears to a court or justice of the peace that it is impossible or inadvisable to proceed under section 73 of this Code or that a search or inspection would further the purposes of an investigation, inquiry, trial or other proceeding under this Code the court or justice of the peace 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 a document or thing specified or for a purpose described in the warrant and to seize the document or thing and to dispose of it in accordance with the terms of the warrant.
Application for search warrant.
75. Where an investigation under this Code is being made by a police officer, he may apply to a court or justice of the peace within the local limits of whose jurisdiction he is for the issue of a search warrant under section 74 of this Code.
Search for stolen property, etc. N.R. 20 of 1960.
76. (1) When upon information and after such inquiry, if any, as it thinks necessary, a court or justice of the peace has reason to believe that a place is used for the deposit or sale of stolen property or that there is kept or deposited in a place a property in respect of or by means of which an offence has been committed or which is intended to be used for an illegal purpose, the court or justice of the peace may issue a search warrant authorizing a police officer-
(a) to search the place in accordance with the terms of the warrant and to seize any property appearing to be of a description above-mentioned and to dispose of it in accordance with the terms of the warrant; and
(b) to arrest a person found in the place and appearing to have been or to be a party to an offence committed or intended to be committed in connection with the property.
(2) In this section and section 77 of this Code, “offence” includes an offence against a law of the Federation or a State which would be punishable in the Federal Capital Territory, Abuja, if it had been committed in the Federal Capital Territory, Abuja.
Search for person wrongfully confined.
77. (1) Where a court upon information and after such inquiry, if any, as it thinks necessary has reason to believe that a 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 order as seems proper.
(2) Upon complaint made on oath to a court of the abduction for an unlawful purpose or of the unlawful detention of a 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 an order made under this subsection using such force as may be necessary and, upon the production of the person who is the subject of the order, the court shall make such order as seems proper.
Search to be made in presence of witnesses.
78. (1) Searches under Part B of this Chapter shall, unless the court or justice of the peace owing to the nature of the case otherwise directs, be made whenever possible in the presence of two respectable inhabitants of the neighborhood to be summoned by the person to whom the search warrant is addressed.
(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.
Searching of woman’s quarters.
79. If a place to be searched is an apartment in 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 the woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then enter the apartment.
Occupant of place searched may attend.
80. The occupant of a place searched or some person on his behalf shall be permitted to be present at the search and shall, if he so requires receive a copy of the list of things seized therein signed or sealed by the witnesses referred to in section 78 of this Code.
Search of person found in place.
81. (1) Where a person in or about a place which is being searched is reasonably suspected of concealing about his person an article for which search should be made, that person may be searched.
(2) A list of all things found on his person and seized shall be prepared and witnessed in the manner mentioned in section 78 of this Code and a witnessed copy of the list shall be delivered to the person searched, if he so requires.
Mode of searching woman.
82. Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency.
Execution of search warrant outside jurisdiction.
83. Every person executing a search warrant beyond the local limits of the jurisdiction of the court or justice of the peace issuing it shall before doing so apply to some court within the local limits of whose jurisdiction search is to be made and shall act under its directions.
Provisions as to warrants of arrest to apply to search warrants.
84. The provisions of section 34 of this Code, as to ingress and all other provisions hereinbefore contained as to warrants of arrest shall, so far as applicable, apply to search warrants.
Justice of the peace may direct search in his presence.
85. A justice of the peace may direct a search to be made in his presence of a place for the search of which he is competent to issue a search warrant.
Impounding of documents, etc.
86. A court may, if it thinks fit, impound a document or thing produce before it under this Code.
PART IV
THE PREVENTION OF CRIME
CHAPTER VII.-SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
A—Security for Keeping the Peace and for Good Behavior on Conviction
Security on conviction.
87. Whenever a person is convicted by a court of an offence involving or likely to cause a disturbance of the public peace or a breach of the peace and the court is of opinion that it is expedient to require that person to execute a bond for keeping the peace and being of good behavior, it may at the time of passing sentence on that 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 behavior for a period not exceeding three years in the case of the High Court and not exceeding two years in the case of any other court.
B—Security for Keeping the Peace and for Good Behaviour in Other Cases
Security in other cases. N.R. 20 of 1960.
88. (1) Whenever a court or justice of the peace is informed that a person is likely to commit a breach of the peace or to disturb the public peace or to do an illegal act which may probably cause a breach of the peace or disturb the public peace, the court or justice of the peace 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 a 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 Federal Capital Territory, Abuja; 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.
Security for good behaviour from habitual offenders. Cap. 532.
89. Whenever a court receives information that a person within the local limits of its
jurisdiction-
(a) habitually commits a offence punishable under sections 273 to 283 of the Penal
Code; or
(b) is by habit a robber, house breaker or thief, or
(c) is by habit a receiver of stolen property knowing the same to have been stolen; or (d) habitually protects or habours thieves or aids in the concealment or disposal of stolen property; or
(e) habitually commits mischief, extortion or cheating or the counterfeiting of coin, notes or revenue stamps or attempts so to do; or
(f) habitually commits or attempts to commit or abets the commission 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,
the court may issue a summons requiring that person to attend before the court to execute a bond with sureties for his good behaviour for a period not exceeding two years or to show cause why he should not execute the bond.
Warrant for arrest may be issued if breach of peace likely.
90. Whenever it appears to a court or justice of the peace acting under section 88 or 89 of this Code, as the case may be, upon the report of a 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 the breach of the peace or disturbance of the public peace cannot be prevented otherwise than by the immediate arrest of a person, court or justice of the peace shall record the substance of the report or information and may at any time issue a warrant for the arrest of that person and for his production before a court.
Contents of summons or warrant under section 88, 89 or 90.
91. A court or justice of the peace when issuing a summons or warrant under section 88, 89 or 90 of this Code, as the case may be, shall therein set forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number, character and class of sureties, if any, required.
Inquiry as to truth of information.
92. (1) When a person has appeared or is brought before the court in compliance with a summons or warrant under section 88, 89 or 90 of this Code, 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 subsection (1) of this section shall be made as far as practicable in the manner hereinafter laid down for conducting trials and recording evidence in summary trials by magistrates except that-
(a) no charge shall be framed or any witness recalled for cross-examination except with the permission of the court; and
(b) the court may refuse to release on bail a person arrested under section 90 of this Code unless he executes a bond of the nature specified in the warrant of arrest but limited in time to the conclusion of the inquiry.
(3) For the purposes of this section, the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute.
Order to give security.
93. (1) If on inquiry under section 92 of this Code, it is proved that it is necessary for keeping the peace or preserving 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 subsection (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 warrants issued under section 88, 89 or 90 of this Code;
(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 years of age, the bond shall be executed only by his sureties.
Discharge of person informed against.
94. If on inquiry under section 92 of this Code it is not proved that it is necessary for keeping the peace or preserving 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, 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.
C-Proceedings in all Cases Subsequent to Order to Furnish Security
Commencement of period for which security is required.
95. (1) If a person in respect of whom an order requiring security is made under section 87 or 93 of this Code is at the time the order is made subject to a sentence of imprisonment, the period for which the security is required shall commence on the expiration of the 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.
Contents of bond.
96. The bond to be executed by a person in respect of whom an order requiring security is made under section 87 or 93 of this Code 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.
Imprisonment in default of security.
97. If a person ordered to give security under section 87 or 93 of this Code 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 committed to prison or if he is already in prison be detained in prison until the period expires or until within the period he gives the security ordered.
Power to reject sureties.
98. (1) The court may refuse to accept a surety offered or may reject a surety previously accepted on the ground that the surety is an unfit person for the purposes of the bond.
(2) Before refusing to accept or before rejecting a 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 substance of the evidence adduced before it.
(3) If 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, the surety and record its reasons for so doing.
Power to release persons imprisoned for failure to give security.
99. (1) Whenever a Judge of the High Court is of opinion that a person imprisoned for failing to give security under this Chapter may be released without hazard to the public or to a person, he may order the person imprisoned to be discharged.
(2) Whenever a 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 subsection (1) of this section may direct the discharge of the person imprisoned either without conditions or upon conditions which that person accepts.
(4) If a condition upon which a person imprisoned for failing to give security under this Chapter is discharged is in the opinion of a Judge of the High Court not fulfilled, he may cancel the order of discharge and thereupon the person shall be re-committed to prison until the expiry of the period for which he was originally ordered to give security, unless before that time he gives the security.
Power to cancel bond.
100. A Judge of the High Court may at any time cancel a bond for keeping the peace or refraining from illegal acts likely to disturb the public peace or for good behaviour executed under this Chapter.
CHAPTER VIII.-UNLAWFUL ASSEMBLIES AND RIOTS
Assembly to disperse on command of justice of the peace, police or commissioned officer.
101. A justice of the peace or police officer of or above the rank of assistant superintendent or a commissioned officer of the armed forces of the Federation may command an unlawful assembly or an assembly of five or more persons likely to cause a disturbance of the public peace to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.
Use of civil force to disperse.
102. If, on being commanded under section 101 of this Code, an unlawful assembly or an 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 a member thereof in prosecution of the common object of the assembly, a justice of the peace or police officer of or above the rank of assistant superintendent or a commissioned officer of the armed forces of the Federation may proceed to disperse the assembly by force and may require the assistance of a male person for the purpose of dispersing the 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 a person whose assistance is so required shall be bound to render the assistance.
Protection against prosecution for acts done under this Chapter.
103. (1) No prosecution against a person for an act purporting to be done under this Chapter shall be instituted in a criminal court except with the sanction of the AttorneyGeneral.
(2) No justice of the peace, police officer or commissioned officer of the armed forces of the Federation acting under this Chapter in good faith shall be deemed to have thereby committed an offence.
(3) No act lawfully done under this Chapter shall be called in question in a civil proceeding.
CHAPTER IX.-PUBLIC NUISANCES
Conditional order for removal of nuisance. Cap. 532.
104. (1) Whenever a court considers on receiving a police report or other information and on taking such evidence, if any, as it thinks fit that an offence under sections 191, 192, 194, 196 or 197 of the Penal Code is being committed, the court may make a conditional order requiring the offender within a time fixed in the order to cease committing the offence and to amend or remove the causes thereof 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 hereinafter provided.
(2) No order duly made by a court under this section shall be called in question in a civil proceeding.
Service of order.
105. (1) An order made under section 104 of this Code shall if practicable be served on the person against whom it is made in the manner provided for the service of a summons.
(2) If an order referred to in subsection (1) of this section cannot be served in the manner laid down in that subsection 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 thereof in some conspicuous place in the town or village in or near which the nuisance or offence is being committed.
Person to whom order is addressed to obey or appear before court.
106. A person against whom an order under section 104 of this Code is made shall- (a) perform within the time and in the manner specified in the order the act directed thereby; or
(b) appear in accordance with the order and apply to have the same set aside or modified.
Consequences of failure to obey order or to appear. Cap. 532.
107. If a person against whom an order under section 104 of this Code is made does not perform the act specified in the 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 152 of the Penal Code, and the order shall be made absolute.
Procedure where person appears.
108. (1) If a person against whom an order under section 104 of this Code is made appears and applies to have the order set aside or modified, the court shall take evidence in the matter in the same manner as in a summary trial.
(2) If 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) If the court is not so satisfied it shall cancel the order.
Consequences of disobedience to order made absolute.
109. (1) If the act directed by an order under section 104 of this Code which is made absolute under section 107 or subsection (2) of section 108 of this Code is not performed within the time fixed 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 a 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 104 of this Code was made in the manner hereinafter prescribed for the recovery of a fine.
(2) No suit shall lie in respect of anything done in good faith under this section.
Order pending inquiry.
110. (1) If the court making an order under section 104 of this Code 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 the danger or injury pending the determination of the matter.
(2) In default of the person referred to in subsection (1) of this section forthwith obeying the further order referred to in that subsection or if notice thereof 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. (3) No civil proceedings shall lie in respect of anything done in good faith under subsection (2) of this section.
Prohibition of repetition or continuance of nuisance.
111. A court may in a proceeding under this Chapter or in a criminal proceeding in respect of a public nuisance, order a person not to repeat or continue the public nuisance.
CHAPTER X.-PREVENTIVE ACTION BY POLICE AND PUBLIC
Prevention by police and others of offences and injury to public property.
112. A police officer, sub-area head or other public officer charged with responsibility for maintaining law and order may intervene for the purpose of 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 a damage to the public property movable or immovable.
Public to assist justice of the peace, etc.
113. A person shall be bound to assist a justice of the peace, police officer, sub-area head or other public officer charged with responsibility for maintaining law and order reasonably demanding his aid in the suppression of a breach of the peace or in the prevention of a damage to a public property movable or immovable or to a railway, canal, water supply, telegraph, telephone or electrical installation or in the prevention of the removal of a public landmark or buoy or other mark used for navigation.
CHAPTER XI.-DUTY OF PUBLIC AND OF SUB-AREA HEADS TO RIVE INFORMATION
Public to give information of certain offences.
114. A person-
(a) who has reason to believe that any other 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
Cap. 532.
(b) who is aware of the commission of or of the intention of any other person to commit an offence punishable under section 221, 224, 248(2), 250, 274, 278, 290, 298, 300, 301, 302, 305, 306, 307, 336, 337,350,351, 356 or 357 of the Penal Code,
shall in the absence of reasonable excuse, the burden of proving which shall lie upon the person making the excuse, forthwith give information to the nearest local authority, court or police officer of the death, dead body, commission or intention.
Sub-area head bound to report certain matters.
115. A sub-area head not being a person competent under Chapter XV of this Code to take cognizance of an offence shall forthwith communicate to the nearest court so competent or to the local authority, which shall then inform the appropriate police officer, or to the nearest police officer any information which he may possess or obtain respecting-
(a) the permanent or temporary residence of a notorious receiver or vendor of stolen property; or
(b) the resort to or passage through his village, ward or district of a 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 67 of this Code; or
(c) the occurrence within his village, ward or district of the death of a person or the disappearance from his village, ward or district of a person in circumstances which lead to a reasonable suspicion that the death or disappearance is the result of an offence committed in respect of that person; or
(d) a matter likely to affect the maintenance of order or the prevention of crime or the safety of persons or property respecting which the Commissioner of Police responsible for the Federal Capital Territory, Abuja or local authority has directed him to report.
Investigation by sub-area head on receiving information under section 115.
116. (1) A sub-area head to whom information has been given under paragraph (c) of section 115 of this Code or who suspects the existence of such facts as are set out in that paragraph shall after forwarding the information either to the local authority which shall then inform 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 there 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 provisions of subsection (1) of this section, when the police officer to whom information has been given under paragraph (e) of section 115 of this Code undertakes the investigation, the sub-area head on being so notified shall cease further to make the investigation as directed by the police officer.
(3) Where practicable the person making an investigation under subsections (1) and (2) of this section shall be accompanied by a medical officer or dispensary attendant.
(4) Where there is a 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 or dispensary attendant attending the 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 justice of the peace.
(6) The person making the investigation under this section shall have the powers and duties of a police officer- under sections 123 and 124 of this Code.
(7) On completion of the investigation the sub-area head shall forward his report and the record, if any, of his investigation to the local authority which shall then inform the appropriate police officer.
(8) Nothing in this section shall operate to relieve a police officer from an obligation or a duty conferred upon him under Chapter XII of this Code to undertake and carry out an investigation.
PART V
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE CHAPTER XII
A-Procedure in Cases where the Police may Arrest without a Warrant
Information in cases where the police may arrest without a warrant. Appendix A.
117. (1) When information is given to the officer in charge of a police station concerning the commission of an offence for which according to the third column of Appendix A of this Code the police are authorized to arrest without a warrant and which under the provisions of Chapter XIII of this Code may be tried by a court within the local limits of whose jurisdiction the police station is situated, he shall if it is given orally reduce the information or cause it to be reduced to writing in the prescribed form called the First Information Report and shall read it or cause it to be read over to the informant; and every such information whether given in writing or reduced to writing as aforesaid shall be signed or scaled by the person giving it if he is able so to do and such officer shall enter or cause to be entered the information in a book to be kept in the form prescribed by the Commissioner of Police responsible for the Federal Capital Territory, Abuja.
(2) If the officer is satisfied that no public interest will be served by a prosecution he may refuse to accept the information and notify in writing the informant of his right to complain to a court under section 143 of this Code.
(3) When on any other grounds the officer in charge of a police station has reason to suspect the commission of an offence referred to in subsection (1) of this section he shall enter or cause to be entered the grounds of his suspicion in a First Information Report and the substance thereof in the book referred to in that subsection.
(4) Notwithstanding the provisions of subsection (1) of this section, the officer in charge of a police station may, if in his view the matter might more conveniently be inquired into by an officer in charge of another police station, transfer the information or refer the information to such other police station.
Procedure where warrant is not required for arrest.
118. (1) After complying with the provisions of section 117 of this Code, the officer in charge of a police station shall act as follows-
(a) he shall send to the appropriate court in the manner set out in section 119 of this
Code the First Information Report;
(b) he shall forthwith proceed to the spot and investigate the case and if the offender is not already in custody take such steps as may be necessary for his discovery and arrest or he may depute a police officer subordinate to him to do so and to report to him;
(c) in cases involving death or serious injury to a person, he shall arrange, if possible, for a medical officer or dispensary attendant to examine the body or the person injured, and if he or a police officer deputed by him under this subsection so directs the body or the person injured shall be brought to the nearest hospital for such further examination as he or the medical officer or dispensary attendant considers necessary and the burial shall not take place except in case of necessity until leave has been outlined from a court or justice of the peace;
(d) if the information is given against a person by name and the alleged offence is not of a serious character, he need not make or direct the investigation on the spot; and (e) if it appears to him that there is not sufficient ground or reason for entering upon the investigation, he need not investigate the case.
(2) In the cases mentioned in paragraphs (c) and (d) of subsection (1) of this section, the officer in charge of a police station shall record in the book referred to in section 117 of this Code and in his First Information Report to the court his reasons for not entering on an investigation or for not making or directing the investigation on the spot or not investigating the case.
Manner of submitting First Information Report.
119. (1) A First Information Report sent to a court shall be submitted through such officer of police, if any, as the Commissioner of Police responsible for the Federal Capital Territory, Abuja shall direct.
(2) An officer through whom a First Information Report is submitted under the provisions of subsection (1) of this section may give such instructions as he thinks fit to the officer submitting the report and shall after recording those instructions, if any, on the First Information Report pass the First Information Report to the court without delay.
Power of court on receiving First Information Report.
120. (1) After receiving the First Information Report, the court may-
(a) direct that the police shall proceed with the investigation; or
(b) if it thinks fit, proceed to hold an inquiry into or otherwise deal with the case as provided in Chapter XV of this Code.
(2) In the event of the court electing to proceed in accordance with paragraph (b) of subsection (1) of this section, it shall forthwith inform the officer in charge of the police station of its intentions so to do and the police shall act according to the direction of the court.
Case diary to be kept by police.
121. (1) Every officer in charge of a police station conducting an investigation under section 118 of this Code, or a police officer deputed by the officer in charge of a police station to conduct the investigation, shall keep a case diary in which he shall set out in chronological order-
(a) the time when he began his investigation;
(b) any information received by him in connection with the investigation;
(c) the time when the information reached him;
(d) the places visited by him;
(e) any action required to be taken on 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 the action taken;
(f) any report made by a police officer acting on his instructions;
(g) the statement of any witness, if reduced to writing;
(h) a statement of the circumstances ascertained through his investigation;
(i) 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.
Use of case diary. Cap. 112.
122. (1) Nothing in any way included in or forming part of a case diary shall be admissible in evidence in an inquiry or a trial unless it is admissible under the provisions of the Evidence Act or of this Code 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 144 of this Code;
(b) the Attorney-General may at any time order the submission of the case diary to himself;
(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) Except to the extent that-
(a) anything in any way included in or forming part of a case diary is admitted in evidence in an inquiry or a trial in pursuance of the provisions of subsection (1) of this section; or
(b) the case diary is used for the purposes set out in paragraph (c) of subsection (1) of this section,
the accused or his agent shall not be permitted to call for or inspect the case diary or a part thereof but, where for the purposes of paragraph (a) or (b) of this subsection any such inspection is permitted, such inspection shall be limited to the part of the case diary referred to in paragraph (a) or (b), as the case may be.
Power of police to summon and examine.
123. (1) A police officer making an investigation under section 118 of this Code may require the attendance before him, of a person being within the limits of his own police district, whose evidence appears likely to be of assistance in the case, and may examine that person orally.
(2) A person referred to in subsection (1) of this section 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 to a penalty other than a charge of failing to give information under Chapter XI of this Code.
(3) No person giving evidence in an investigation under section I IS of this Code shall be required to take an oath.
No inducement to be offered.
124. (1) No police officer or person in authority shall make use of a threat or of a promise of an advantage towards a 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 a person from making in the course of the investigation a statement in accordance with rules made under section 373 of this Code which of his own free will he may be disposed to make.
Confession to justice of the peace.
125. (1) If a person in the course of an investigation under section 118 of this Code or at any time after the close of the investigation but before the commencement of an inquiry or a trial confesses to the commission of an offence in connection with the subject matter of the investigation he may be taken before a justice of the peace, when available, for his statement to be recorded by the justice of the peace and then placed in the case diary.
(2) When a justice of the peace records a confession he shall do so in detail in his own handwriting in the presence of the person making the confession and after reading over to him the record the justice of the peace shall sign it.
(3) No justice of the peace shall record a confession unless after questioning the person making the confession he is satisfied that it is made voluntarily.
(4) No oath shall be administered to a person making a confession.
(5) The record of a confession in the case diary if made by a justice of the peace 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 and it shall not be necessary to call as a witness the justice of the peace who recorded it but the court trying the case may if the court thinks fit either on the application of the accused or of its own motion call the justice of the peace who recorded the confession as a witness to the contents and to prove the circumstances in which it was recorded.
Confession to police officer.
126. (1) If a person in the course of an investigation under section 118 of this Code or at any time after the close of the investigation but before the commencement of an inquiry or a trial confesses to the commission of an offence in connection with the subject matter of the investigation, a police officer may, instead of taking the person before a justice of the peace, record the confession in the case diary in his own handwriting in the presence of the person making the confession and after reading over to that person the record shall require him to sign or seal it and the police officer shall also sign it. (2) No police officer shall record a confession unless after questioning the person making it he is satisfied that it is made voluntarily.
(3) No oath shall be administered to a person making a confession.
Cap. 112.
(4) Subject to the provisions of the Evidence Act and of a rule made under paragraph (f) of subsection (1) of section 373 of this Code, 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.
Medical examination of suspect.
127. (1) A person under arrest on reasonable suspicion of having been concerned in an offence punishable with imprisonment may be required by a justice of the peace or police officer to submit to a medical examination by a medical officer or if no medical officer is available by a dispensary attendant.
(2) A medical examination shall only be required if it is so desirable in the interests of justice.
Taking of fingerprints, etc.
128. (1) A court holding a trial or an inquiry or a police officer conducting an investigation may cause the fingerprints, photograph or measurements of a 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 of measurements taken under this section may be kept for six months but if not already destroyed shall then be destroyed unless the person in respect of whom they were taken has been convicted of an offence.
(3) Notwithstanding the provisions of subsection (2) of this section, when a person who has not previously been convicted of an offence is discharged by the court or acquitted upon his trial or is not charged, all fingerprints, photo- graphs and records of measurements taken under this section shall forthwith be destroyed.
Remand of person in custody.
129. (1) Whenever it appears that an investigation under section 118 of this Code cannot be completed within twenty-four hours of the arrival of the accused or suspected person at the police station, the officer in charge of the police station shall release or discharge him under section 340 of this Code, or send him as soon as practicable to the nearest court competent under Chapter XV of this Code to take cognizance of the offence.
(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) If the court refuses to authorize detention of the accused under arrest it shall make an order of discharge under section 45 of this Code.
(4) If the police investigation is not completed within fifteen days and the court considers it advisable that the accused should be detained in custody pending further investigation it shall remand the accused as provided in section 255 of this Code. Procedure where police consider investigation should be terminated without inquiry or trial.
130. (1) If in the course of an investigation under section 118 of this Code it appears to the officer in charge of a police station by or under whom an investigation is being made that the investigation should be terminated without an inquiry or trial, he shall, after entering in the case diary a summary of the case and his reasons for terminating the investigation, close the case diary and terminate the investigation, provided that nothing in this subsection 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 forthwith inform the court and the court shall thereupon endorse on the First Information Report the fact of the termination or reopening and the reasons therefore, 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 thinks fit it may send a copy of the First Information Report endorsed as afore- said 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.
(3) When a person has been taken into custody in the course of an investigation and the investigation has been terminated under the provisions of subsections (1) and (2) of this section, 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 application to be made to the court for an order that the person be released. (4) Nothing in this section shall affect the power of the police to release an arrested person under section 45 of this Code.
(5) Notwithstanding the provisions of this section, an officer in charge of a police station shall not order the termination of an investigation which has been instituted by direction of the Attorney-General.
Procedure where police consider that investigation should be terminated upon inquiry or trial.
131. If, on an investigation under this Chapter, it appears to the officer in charge of a police station that there is sufficient evidence or reasonable ground or suspicion to justify sending the accused to a court empowered to take cognizance of the offence, he shall send the accused to the court which may fix a day for the inquiry or trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before the court on a day to be fixed, and thereafter for his attendance from day to day before such court until otherwise directed.
Attendance of accused and bonds for attendance of witnesses.
132. (1) If under the provisions of section 131 of this Code, the court fixes a day for an inquiry or a trial, the officer in charge of a police station shall subject to an order or direction of the court-
(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 thereby directed and to prosecute or give evidence, as the case may be, in the matter of the inquiry or trial; (b) arrange for the accused whether in custody or on bail to be before the court on the day fixed for the inquiry or trial.
(2) A copy of a bond executed under subsection (1) of this section shall be handed to the person executing the bond and the original shall be forwarded to the court for filing.
(3) If a person required to execute a bond under this section refuses to do so, he may be sent in custody to the court which may order his detention until he executes the bond or until the hearing of the case concluded.
B-Procedure in Cases where the Police may not Arrest without a Warrant
Procedure where warrant is required for arrest.
133. (1) When an information is received by an officer in charge of a police station of facts pointing to the commission of an offence for which the police may not arrest without a warrant, he shall enter the substance of the information in a book in the form prescribed in accordance with subsection (1) of section 117 of this Code and either in a First Information Report or in such other report as may be prescribed in respect of the offence and thereupon refer the informant, if other than a public officer acting in the exercise of his public duties, to a justice of the peace and send the First Information Report or such other report to the same justice of the peace and the justice of the peace on receipt thereof shall, if the police show sufficient cause, issue a warrant.
(2) No investigation of an information shall be made by a police officer without the order of a justice of the peace 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 justice of the peace or superior police officer giving the reasons for the action taken and on the receipt of the report the justice of the peace or superior police officer may give such orders or directions as he thinks fit.
(3) The functions conferred on a superior police officer by subsection (2) of this section may be exercised by the other police officers as the Commissioner of Police responsible for the Federal Capital Territory, Abuja may by office appoint.
(4) An investigation of an information undertaken by a police officer either by direction of a justice of the peace or superior police officer under subsection (2) of this section or without a direction under that subsection (2) shall be conducted in such manner and with such powers as are set out in this Chapter except that no arrest of a suspected person shall be made without a warrant.
PART VI
PROCEEDINGS IN PROSECUTIONS
CHAPTER XIII.-PLACE OF INQUIRY AND TRIAL
Ordinary place of inquiry and trial.
134. An offence shall ordinarily be inquired into and tried by a court 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 thither by the offender or by some person knowing of the offence.
Illustrations. (a) A posts in Zaria a letter addressed to B in Kaduna threatening to accuse B of an offence in order to extort money from him.
(b) A stabs B at Zaria and B dies ten days later at Kaduna in consequence of the wound.
(c) A in Zaria abets an offence committed by B at Kaduna.
(d) A abducts B at Zaria and carries him to Kaduna, where he is found.
(e) A steals property at Zaria and the property is taken by B, who knows it to be stolen, to Kaduna where it is found.
In all above cases A may be tried either at Zaria or at Kaduna.
Place of inquiry trial when scene of offence is uncertain.
135. When it is uncertain in which of several districts an offence was wholly or in part committed, the offence may be inquired into or tried by a court having jurisdiction over any of those districts.
Offence committed on a journey.
136. An offence committed by a person whilst he is in the course of performing a journey or voyage may be inquired into or tried by a Court through or into the local limits of whose jurisdiction he, or the person against whom, or the thing in respect of which, the offence was committed, resides, is or passed in the course of that journey or voyage.
Chief Judge to decide in case of doubt court in which inquiry or trial shall take place. 137. Whenever a question arises as to which of two or more courts ought to inquire into or try an offence it shall he decided by the Chief Judge.
Power to transfer.
138. (1) The Chief Judge may, whenever it appears to him that the transfer of a case will promote the ends of justice or will be in the interests of the public peace, transfer a case from one court to another at any stage of the proceedings.
Cap.477.
(2) Nothing in this section shall affect powers of transfer under the provisions of the Area Courts Act.
Power to issue summons or warrants for offence committed beyond local jurisdiction.
139. When a court has reason to believe that a person within the local limits of its jurisdiction has committed without those limits an offence which cannot under the provisions of section 134 of this Code or any other law for if the time being in force be inquired into or tried within the local limits but is under a law for the time being in force triable in the Federal Capital Territory, Abuja, it may inquire into the offence as if it had been committed within the local limits of its jurisdiction and compel the person in the manner herein- before provided to appear before it and send him to a court having jurisdiction to inquire into the offence or, if the offence is bailable, may take a bond with or without sureties for his appearance before the court.
CHAPTER XIV.–SANCTIONS NECESSARY FOR THE INITIATION OF CERTAIN PROCEEDINGS
Prosecution for contempt of lawful authority of public officers. Cap.532.
140. (1) No court shall take cognizance-
(a) of an offence punishable under sections 134 to 152 of the Penal Code, except with the previous sanction or on the complaint of the public officer concerned or of some public officer to whom he is subordinate;
(b) of an offence punishable under section 155, 158, 159, 160, 161, 164, 165, 174, 175, 176, 179, 180 or 182 of the Penal Code when the offence is committed in or in relation to a proceeding in a court, except with the previous sanction or on the complaint of that court;
(c) of an offence described in section 363 of the Penal Code or punishable under section 366 or 369 of the Penal Code, when the offence has been committed by a party to a proceeding in a court in respect of a document produced or given in evidence in the proceeding, except with the previous sanction or on the complaint of that court; Cap. 532. Cap. 382.
(d) of an offence punishable under paragraph (a) of section 111 of the Penal Code where the circumstances are such as to constitute an offence under section 4 or 5 of the Public Order Act, except with the sanction of the Attorney-General;
(e) of an offence punishable under section 97B of the Penal Code except with the sanction of the Attorney-General.
(2) The provisions of subsection (1) of this section, with reference to the offences named therein, apply also to the abetment of those 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 accused person, but it shall, so far as practicable, specify the place where and the occasion on which the offence was committed.
(4) When sanction is given in respect of an offence referred to in this section, the court taking cognizance of the case may frame a charge of any other offence so referred to which is disclosed by the facts.
(5) A sanction given or refused under this section may be revoked or granted by an authority to which the authority giving or refusing it is subordinate.
Prosecution for breach of contract, defamation and offences against marriage.
141. (1) No court shall take cognizance of an offence falling under Chapter XXI or
Chapter XXIII of the Penal Code or under sections 383 to 386 of the same Code, except upon a complaint made by some person aggrieved by that offence, but where the person so aggrieved is a woman who according to the customs and manners of the country ought not to be compelled to appear in public or where the person is under the age of eighteen or is an idiot or lunatic or is from 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.
Cap. 532.
(2) In the case of an offence under section 393 of the Penal Code, where the party so aggrieved is the Federal Government or a local authority, the Attorney-General may make a complaint on behalf of the Federal Government, and a member of the local authority may make a complaint on behalf of the local authority, and in the case of an offence under section 393 of the Penal Code where the party so aggrieved is other than the Federal Government or a local authority, a police officer may, in the public interest and with the sanction of the Attorney-General, make a complaint on behalf of the party.
Prosecution for adultery.
142. (1) No court shall take cognizance of an offence under section 387, 388 or 389 of the Penal Code except-
(a) on a complaint made by the husband of the woman or in his absence by some person who had care of the woman on his behalf at the time when the offence was committed;
or
(b) in the case of the woman being unmarried, on a complaint made by her father or guardian or in his absence by some person who had care of the unmarried woman on his behalf at the time when the offence was committed.
(2) Where the husband, father or guardian referred to in subsection (1) of this section is under the age of eighteen years, or is an idiot or lunatic or is from sickness or infirmity unable to make a complaint some other person may, with the leave of the court, make a complaint on his behalf.
CHAPTER XV.-INITIATION OF JUDICIAL PROCEEDINGS BEFORE A COURT
Cognizance of offences by court.
143. Subject to the provisions of Chapters XIII and XIV of this Code and to any limitation
on the powers of the court, a court may take cognizance of an offence-
(a) when an arrested person is brought before it under section 40 or 41 of this Code; (b) on receiving a First Information Report under section 118 of this Code or such a report from any other court;
(c), on receiving a complaint in writing from the Attorney-General;
(d) on receiving a complaint of facts which constitute the offence;
(e) if from information received from a person other than a police officer it has reason to believe or suspect that an offence has been committed.
Power of to give directions. N.R. 20 of 1960.
144. When the accused person appears before a court taking cognizance of court an offence, the court may require the police officer, if any, in charge of the investigation, or a police officer acting on his behalf, to state a summary of the case and, if the court thinks fit, to produce the case diary for its inspection; and on the application of the police officer or of its own motion, the court may give such directions as to the matters to be proved and how they are to be proved, and what documents or other exhibits are to be produced as the court may think fit.
Power of court to advice person the subject of a complaint.
145. When a court has exercised its powers under section 144 of this Code, it shall inform the accused person that he is not required to say anything at that stage, but that if he wishes to inform the court of the substance of his defense he can do so in order that the court may give him such advice as it may think fit.
Examination of complaint.
146. (1) A court taking cognizance of an offence on complaint shall, subject to the exercise of its powers under sections 144 and 145 of this Code thereupon examine the complainant and reduce his complaint and the substance of the examination to writing, and the writing shall be signed or scaled by the complainant if he is able to do so.
(2) A court may in its discretion conduct the examination on oath.
(3) When the complaint is made in writing and signed by a public officer 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 314 of this Code proceed with the inquiry into or trial of the case without examining the complainant under this section.
Transfer of case by court.
147. If an offence of which a court takes cognizance ought properly to be inquired into or tried by another court or if in the opinion of the court taking cognizance thereof the offence might be more conveniently inquired into or tried by another court, it shall send the case to that other court.
Power of court to order further investigation.
148. (1) If a court taking cognizance of an offence under the provisions of section 143 of this Code is of the opinion that an investigation or further investigation should be conducted under the provisions of Chapter XII of this Code, the court shall order that the investigation or further investigation shall be made, and the investigation or further investigation shall be conducted in the same manner and with the same powers as are set out in Chapter XII of this Code.
(2) At the time when the order is made or at any stage of the investigation or further investigations, the police officer in charge of the investigation, or a police officer acting on his behalf, may appear before the court and apply for directions as to the matters to be proved and how they are to be proved, and what documents, if any, are to be produced.
Inquiry by court of complaint by person other than police officer.
149. (1) A court taking cognizance of an alleged offence on the complaint of a person other than a police officer may, for reasons to be recorded in writing, make an inquiry into the case or direct a subordinate court to do so or refer the matter to a police officer for investigation.
(2) An investigation by a police officer under the provisions of subsection (1) of this section shall be conducted so far as may be in the manner and with the powers in and with which an investigation under Chapter XII of this Code is conducted, and shall, if the police have already investigated the case, be deemed to be a continuation of that investigation.
Court may refuse to proceed.
150. (1) A court taking cognizance of an alleged offence may refuse to proceed with the case if after examining the complainant, if any, and considering the result of an investigation held under Chapter XII or section 149 of this Code, there is in its opinion no sufficient ground for proceeding; and it shall thereupon briefly record its reasons for so refusing.
(2) If the accused is in custody or on bail he shall be discharged when the court refuses under this section to proceed with the case.
(3) 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.
Procedure by court not competent to take cognizance of cases.
151. (1) If a First Information Report or a complaint in writing is received by a court which is not competent to take cognizance of the offence, the court shall return the First Information Report or complaint for presentation to the proper 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 complaint to the proper court.
Inquiry or trial.
152. When a court taking cognizance of an offence is satisfied that there is sufficient ground for proceeding, it shall after causing process to issue for the attendance of the accused person, if he is not already in custody or on bail, proceed either to hold an inquiry into the offence or to try it provided that the court is competent to do so.
Presence of accused at trial.
153. Every accused person shall, subject to the provisions of section 154 of this Code, be present in court during the whole of his trial unless he misconducts himself by so interrupting the proceedings or otherwise as to render their continuance in his presence impracticable.
Process to compel attendance of accused. Appendix A.
154. (1) Process to compel the attendance of the accused person shall ordinarily be a summons or a warrant according as in the opinion of the court a summons or a warrant should according to the fourth column of Appendix A to this Code issue in the first instance.
(2) When a summons is issued, the court may if it sees reason to do so dispense with the personal attendance of the accused, provided that- (a) he is represented by counsel; or (b) he pleads guilty in writing.
(3) Notwithstanding the provisions of subsection (2) of this section, the court shall not, without adjourning for his personal attendance, sentence the accused to a term of imprisonment or to any other form of detention or order him to be subject to a disqualification.
CHAPTER XVI.-SUMMARY TRIALS IN MAGISTRATES’COURTS
Procedure in summary trial by magistrate.
155. Subject to the provisions of Chapter XXXIII of this Code, the procedure laid down in this Chapter shall be observed by magistrates’ court and area courts.
Substance of accusation to be stated.
156. When the accused appears or is brought before the court, the particulars of the offence of which he is accused shall be stated to him and he shall be asked if he has any cause to show why he should not be convicted.
Conviction on admission of truth of accusation.
157. (1) If the accused admits that he has committed the offence of which he is accused, his admission shall be recorded as nearly 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 accordingly, and in that case it shall not be necessary to frame a formal charge.
(2) The President 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 a power under subsection (1) of this section unless an order under subsection (2) of this section has been made in respect of that grade or class of court.
Evidence for prosecution.
158. (1) When the court decides not to convict the accused under section 157 of this
Code or when an accused person states that he intends to show cause why he should not be convicted the court shall proceed to hear the complainant, if any, and take all such evidence as may be produced in support of the prosecution.
(2) The court shall ascertain from the complainant or otherwise the names of persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution and shall summon to give evidence before the court such of them as the court thinks necessary.
(3) The accused shall be at liberty to cross-examine the witnesses for the prosecution and, if he does so, the prosecutor may reexamine them.
Discharge of accused.
159. (1) If on taking all the evidence referred to in section 158 of this Code and making the examination, if any, of the accused as may be made in accordance with section 235 of this Code, the court finds that no case against the accused has been made out, which if not rebutted would warrant his conviction, the court shall discharge him.
(2) The court may discharge the accused at any previous stage of the case, if for reasons to be recorded by the court it considers the charge to be groundless.
(3) A discharge under this section shall not be a bar to further proceedings against the accused in respect of the same matter.
(4) No oath shall be administered to the accused for the purposes of an examination under this section.
Charge to be framed when offence appears to have been committed.
160. (1) If when the evidence referred to in section 158 of this Code and the examination referred to in section 159 of this Code have been taken and made or at any previous stage of the case the court is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which the court is competent to try and which in the opinion of the court could be adequately punished thereby, the court shall frame a charge declaring with what offence the accused is charged and shall then proceed as hereinafter provided.
(2) If, in proceedings in a magistrates’ court, at any stage before the signing of judgment in the trial of a case under this Chapter it appears to the magistrate that the case is one which ought to be tried by the High Court, he shall in like manner frame a charge against the accused and, in so far as he has not already done so, shall complete the procedure laid down in Chapter XVII of this Code for inquiry into cases triable by the High Court down to the framing of the charge and the magistrate shall thereafter observe the procedure prescribed in that Chapter to be followed after the framing of the charge.
(3) No person may be committed for trial to the High Court under this section until all witnesses for the prosecution have been heard, and until the accused, if he so desires, has had an opportunity of calling evidence for the defense, though he may reserve his defense.
Plea.
161. (1) If the court is of opinion that the offence is one which having regard to section 160 of this Code it should try itself, the charge shall then be read and explained to the accused and he shall be asked whether he is guilty or has a defense to make.
(2) If the accused pleads guilty, the court shall record the plea and may in its discretion convict him thereon.
(3) The court shall before convicting on a plea of guilty satisfy itself that the accused has clearly understood the meaning of the charge in all its details and essentials and also the effect of his plea.
Defense.
162. (1) If the accused pleads not guilty or makes no plea or refuses to plead, he shall be required to state whether he wishes to cross-examine or further cross-examine any, and if so which, of the witnesses for the prosecution whose evidence has been taken.
(2) If the accused wishes to cross-examine or further cross-examine under the provisions of subsection (1) of this section the witnesses named by him shall be recalled and after cross-examination and re-examination, if any, they shall be discharged.
(3) The evidence of any remaining witnesses for the prosecution shall next be taken and after cross-examination and re-examination, if any, they also shall be discharged. (4) The accused shall then be called upon to enter upon his defense and produce his evidence.
(5) If the accused puts in any written statement, the court shall file it with the record.
(6) The complainant or prosecutor may cross-examine any witnesses produced for the defense and the accused may re-examine them.
Process for compelling production of evidence at instance of accused.
163. (1) The accused may apply to the court to issue a process for compelling the attendance of a witness for the purpose of examination or the production of a document or other thing and the court shall issue the process unless for reasons to be recorded by it in writing it considers that the application is made for the purpose of vexation or delay or of defeating the ends of justice.
(2) The court may before summoning a witness on an application under subsection (1) of this section require that reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in court.
Procedure after finding.
164. (1) If, in a case under this Chapter in which a charge has been framed the court finds the accused not guilty, it shall record an order of acquittal.
(2) If in a case under this Chapter in which a charge has been framed the court finds the accused guilty, it shall announce its finding and shall thereafter, if the accused has not previously called a witness to character, call on 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 accused’s previous convictions, 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 then pass sentence upon the accused according to law.
Absence of complaint.
165. When the proceedings have been instituted on complaint and on a day fixed for the hearing of the case the complainant is absent, the court may in its discretion notwithstanding anything hereinbefore contained at any time before the charge has been framed discharge the accused.
Frivolous or vexatious accusations. Cap. 532.
166. (1) If, in a case instituted by complaint as defined in this Code or on information given to a member of the police force or a court and heard under this Chapter, the court discharges or acquits the accused 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 accused, or to each of the accused where there are more than one, such compensation not exceeding fifty naira to each such accused 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 74 and 75 of the Penal Code shall apply as if such compensation were a fine. (2) Before making a decision under subsection (1) of this section, the court shall-
(a) record and consider an objection which the complainant or informant may urge against the making of the decision; 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) A 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.
CHAPTER XVII.-PRELIMINARY INQUIRY AND COMMITMENT FOR TRIAL TO THE HIGH COURT
Commitment.
167. (1) No person shall be committed for trial to the High Court except by a magistrate and after a preliminary inquiry has been held.
(2) Nothing in this section shall prevent the High Court trying a case summanly under paragraph (b) or (c) of section 185 of this Code.
Taking of evidence produced.
168. (1) When the accused appears or is brought before him the magistrate shall proceed to hear the complainant, if any, and to take all such evidence as may be produced in support of the prosecution or on behalf of the accused or as may be called for by the magistrate.
(2) The magistrate shall ascertain from the complainant or otherwise the names of persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution and shall summon to give evidence before him such of them as he thinks necessary.
(3) If the complainant or prosecutor or the accused applies to the magistrate to issue process to compel the attendance of a witness or the production of a document or thing, the magistrate shall issue the process unless for reasons to be recorded by him in writing he deems it unnecessary to do so.
(4) The accused may cross-examine the witnesses for the prosecution in which case the complainant or prosecutor may re-examine them, and in like manner the complainant or prosecutor may cross-examine witnesses produced for the defense and the accused may re-examine them.
(5) Where a person able to give material evidence is, from illness or injury, unable to attend before the magistrate, the magistrate may take the deposition of that person at the place where that person is and the prosecutor and the accused shall have the right to attend and cross-examine him.
(6) The magistrate shall cause all documents and other articles exhibited by witnesses to be listed and labeled, or otherwise marked, in the presence of the person producing the documents or other articles.
(7) The magistrate shall sign the deposition of every witness and the statement made by the accused on examination by the court or a statement made voluntarily by the accused to the court, and the signature of the magistrate shall authenticate the deposition or statement.
(8) The accused shall be informed by the magistrate that he is not obliged to say anything at this stage and that he may reserve his defense until the trial by the High Court.
(9) Where the accused has not reserved his defense under subsection (8) of this section, the magistrate may at this stage examine him generally on the case for the purpose of enabling him to explain any circumstances in the evidence and to discover his line of defense but nothing in this examination shall be in the nature of a general crossexamination for the purpose of establishing the guilt of the accused.
When accused to be discharged.
169. (1) If, on taking all the evidence referred to in section 168 of this Code and making an examination, if any, of the accused in accordance with section 235 of this Code, the magistrate finds that there are not sufficient grounds for committing the accused for trial to the High Court or for the trial f the accused by himself or some other magistrate, he shall record his reasons and discharge him.
(2) The magistrate may discharge the accused at any previous stage of the case if for reasons to be recorded he considers the charge to be groundless.
(3) A discharge under this section shall not be a bar to further proceedings against the accused in respect of the same matter.
(4) No oath shall be administered to the accused for the purposes of an examination under this section.
Transformation of inquiry into trial.
170. If, after the evidence and examination, if any, referred to in section 169 of this Code have been taken and made or at any previous stage of the inquiry the magistrate is of opinion that the case is not one that should be tried by the High Court but that there is ground for presuming that the accused has committed an offence which should be tried by himself or some other court, he shall, if he has jurisdiction, proceed himself to try the accused under Chapter XVI of this Code or shall stay proceedings and submit the case to the proper court as laid down in section 256 of this Code.
Procedure on transformation of inquiry into trial.
171. When pursuant to section 170 of this Code the magistrate elects to try the accused himself under Chapter XVI of this Code he shall forthwith frame a charge under his hand against the accused and shall proceed in the manner laid down in that Chapter as upon the framing of a charge in a trial by a magistrate.
Framing of charge.
172. If, after the evidence referred to in section 168 and the examination, if any, referred to in section 169 of this Code have been taken and made, the magistrate is satisfied that there are sufficient grounds for committing the accused for trial, he shall frame a charge under his hand declaring with what offence the accused is charged.
Charge to be explained and copy furnished to accused.
173. When the charge has been framed in accordance with section 172 of this Code it shall be read and explained to the accused and a copy of it shall if he so requires be given to him free of cost.
List of witnesses for defense at trial.
174. (1) Immediately after the framing of the charge, the accused shall be required to give to the magistrate orally or in writing a list of the persons, if any, whom he wishes to be summoned to give evidence at his trial.
(2) The magistrate may in his discretion allow the accused to submit a further list of witnesses at a subsequent time.
Power of magistrate to examine witnesses named in list given under section 174. 175. The magistrate may in his discretion and with the consent of the accused summon and examine any witness named in any list given to him under section 174 of this Code.
Order of commitment.
176. (1) If the magistrate after hearing any witness summoned under section 175 of this
Code is satisfied that there are not sufficient grounds for committing the accused, he
may withdraw the charge and discharge the accused or he may proceed as laid down in section 170 of this Code.
(2) If the magistrate deems it unnecessary to summon and examine all or any of the witnesses named in a list given to him under section 174 of this Code or if after hearing under section 175 of this Code any of those witnesses he is still satisfied that there are sufficient grounds for committing the accused, he shall make an order committing the accused for trial to the High Court and shall briefly record his reasons for the commitment.
Summons to witnesses for defense when accused is committed.
177. (1) When the accused has given a list of witnesses under section 174 of this Code and has been committed for trial, the magistrate shall summon the witnesses to appear before the court to which the accused has been committed.
(2) Subject to the provisions of section 364 of this Code, before the issue of a summons referred to in subsection (1) of this section the accused shall pay to the registrar the prescribed fees for the issue and service of the summons and shall deposit in court the reasonable expenses of the witness required to attend before the court and the magistrate shall explain to the accused that no witnesses named in his list or in a future list submitted under subsection (2) of section 174 of this Code will be summoned unless the payment and deposit are made.
Bonds of complainants and witnesses.
178. (1) Where witnesses named in a list of witnesses submitted by the accused under section 174 of this Code have appeared before the magistrate at the preliminary inquiry and the magistrate has exercised his powers under section 364 of this Code in respect of those witnesses, those witnesses shall execute bonds binding themselves to be in attendance at the trial to give evidence.
(2) Complainants and witnesses for the prosecution, whose attendance at the trial is necessary and who appear before a magistrate, shall execute before him bonds binding themselves to be in attendance if and when called upon at the trial to give evidence.
Detention in custody in case of refusal to execute bond.
179. If a complainant or witness refuses to execute a bond referred to in section 178 of this Code, the magistrate may detain him in custody until he executes the bond or until his attendance at the trial is required.
Charge, etc., to be forwarded.
180. When the accused is committed for trial, the magistrate shall send the charge, the record of the inquiry and any weapon or other thing which is to be produced in evidence to the court which is to try the case and shall also send the charge and a copy of the record to the Attorney-General and to the accused.
Power of Attorney-General to amend or alter charge.
181. At any time after the completion of the inquiry and before the commencement of the trial in the High Court, the Attorney-General may, by notice to the High Court, amend the charge as framed at the inquiry or substitute for that charge such other charge or charges as he may see fit.
Power to summon supplementary witnesses.
182. (1) The committing magistrate or in his absence any other magistrate may, if he thinks fit, and shall, if required by the Attorney-General, summon and examine supplementary witnesses after the commitment and before the commencement of trial and bind them over in the manner hereinbefore provided to appear and give evidence.
(2) The examination shall if possible be taken in the presence of the accused and if not so taken the record of the examination shall be read over to the accused before the trial.
(3) A copy of the record shall be given to the accused free of cost.
Custody of accused pending trial.
183. The magistrate shall, subject to the provisions of this Code regarding the taking of bail, commit the accused by warrant to Custody until and during the trial.
Continuation of inquiry by a different magistrate.
184. Whenever a magistrate after having heard and recorded the whole or a part of the evidence in an inquiry is succeeded or temporarily replaced in his office by another magistrate, the magistrate so succeeding may act on the evidence so recorded by his predecessor or partly recorded by his predecessor and partly recorded by himself, or he may of his own motion or on the reasonable demand of the accused re-summon all or any of the witnesses or recommence the inquiry.
CHAPTER XVIII.-TRIALS BY THE HIGH COURT
Trial by High Court.
185. No person shall be tried by the High Court unless-
(a) he has been committed for trial to the High Court in accordance with the provisions of Chapter XVII of this Code; or
(b) a charge is preferred against him without the holding of a preliminary inquiry by leave of a Judge of the High Court; or
(c) a charge of contempt is preferred against him in accordance with the provisions of section 314 or 315 of this Code.
Defense in capital cases.
186. Where a person is accused of an offence punishable with death if the accused is not defended by a legal practitioner the court shall assign a legal practitioner for his defense.
Commencement of trial.
187. (1) When the High Court is ready to commence the trial, the accused 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) If the accused pleads guilty, the plea shall be recorded and he may in the discretion of the court be convicted thereon unless the offence charged is punishable with death when the presiding Judge shall enter a plea of not guilty on behalf of the accused.
Plea of not guilty or no plea.
188. If the accused pleads not guilty or makes no plea or refuses to plead or if the judge enters a plea of not guilty on behalf of the accused the court shall proceed to try the case.
Presentation of case for prosecution.
189. (1) After a plea of not guilty has been taken or no plea has been made, the prosecutor ma open the case against the accused person stating shortly by what evidence he expects to prove the guilt of the accused.
(2) The prosecutor or, if there is no prosecutor, the court shall then examine the witnesses for the prosecution who may be cross-examined by the accused or his counsel and thereafter re-examined by the prosecutor.
Examination of accused at inquiry to be read.
190. After the witnesses for the prosecution have been heard, the examination of the accused duly recorded by or before the committing magistrate shall be produced and read out in court.
Procedure after conclusion of evidence for prosecution.
191. (1) After the reading of the examination of the accused in accordance with the provisions of section 190 of this Code, the accused may be examined as provided in section 235 of this Code and he may then be asked-
(a) whether he wishes to give evidence on his own behalf as provided in section 236 of this Code; and
(b) whether he means to call witnesses other than witnesses to character.
(2) If the accused says that he does not intend to call a witness other than a witness to character, the prosecutor, if any, may sum up his case against the accused and the court shall then call on the accused to enter upon the defense.
(3) Notwithstanding the provisions of subsection (2) of this section, the court may, after hearing the evidence for the prosecution if it considers that the evidence against the accused or any of several accused is not sufficient to justify the continuation of the trial, record a finding of not guilty in respect of the accused without calling upon him or them to enter upon the defense and the accused shall thereupon be discharged and the court shall then call upon the remaining accused, if any, to enter upon the defense.
(4) If the accused or any one of several accused says that he intends to call a witness other than a witness to character, the court shall call on the accused to enter upon the defense.
(5) Notwithstanding the provisions of subsection (4) of this section, the court may, before calling upon the accused to enter upon the defense, call upon the prosecutor to sum up his case against any one or more of the accused against whom it considers 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 accused or call on any of them to enter upon his or their defense.
Defense.
192. When the court calls on the accused to enter upon the defense, the accused or his counsel may open his case stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution, and the accused may then give evidence on his own behalf, examine his witnesses, if any, and, after their cross-examination and re-examination, if any, the accused or his counsel may sum up his case.
Right of accused as to examination and summoning of witnesses.
193. (1) The accused shall be allowed to examine a witness not previously named by him if that witness is in attendance, but he shall not, except as provided in section 211 of this Code, be entitled of right to have a witness summoned other than the witnesses named in the list or lists delivered to the magistrate by whom he was committed for trial.
(2) If the accused wishes to call a witness who is not present in court and in respect of whom he has not given notice under section 174 of this Code and if the court is satisfied that the absence of the witness is not due to a fault or neglect of the accused and that it is likely that the witness could if present give factual evidence, the court may adjourn and take steps to compel the attendance of that witness.
Prosecutor’s right of reply.
194. (1) If the accused or any of the accused calls a witness other than to character or a document other than a document relating to character is put in evidence for the defense, the prosecutor shall be entitled to reply.
(2) If the accused has called only evidence for character, the prosecutor may at the close of the case for the defense adduce evidence of previous convictions of the accused.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, the prosecutor may, in any case with the leave of the court, be heard in reply on a point of law or, where none of the accused has called evidence other than to character but any of them has introduced new matter in his statement to the court, on that new matter.
Consideration of finding.
195. When the case for the defense and the prosecutor’s reply, if any are concluded and the court does not desire to put any further question to the accused, the court shall retire or adjourn to consider its finding.
Announcement of finding.
196. After the court has made its finding, the court shall announce that finding.
Procedure on finding of guilty.
197. (1) If the finding is guilty the accused shall, if he has not previously called a witnesses to character, be asked whether he wishes to call those witnesses and after they, if any, have been heard he shall be asked whether he desires to make a statement in mitigation of punishment.
(2) After the accused has made his statement, if any, in mitigation of punishment, the prosecution shall, unless such evidence has already been given, produce evidence of previous convictions of the accused.
Sentence.
198. When the provisions of section 197 of this Code have been complied with the court may retire or adjourn to consider the sentence and the court shall, having determined the sentence, announce the sentence in open court.
Recommendation to mercy.
199. The court may in a case, in recording sentence, make a recommendation to mercy but in that case shall give the reasons for its recommendation.
CHAPTER XIX.–CHARGES
Form of charges. Appendix B.
200. Charges may be as in the forms set out in Appendix B of this Code modified in such respects as may be necessary to adapt them to the circumstances of each case.
Contents of 201. (1) A charge under this Code shall state the offence with which the charges. accused is charged.
(2) If the law which creates the offence gives it a 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 a specific name, so much of the definition of the offence must be stated as to give the accused 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.
Particulars as to time, place and person.
202. The charge shall contain such particulars as to the time and place of the alleged offence and the person, if any, against whom, or the thing, if any, in respect of which, it was committed as are reasonably sufficient to give the accused notice of the matter with which he is charged.
Charge of criminal breach of trust, etc.
203. When the accused is charged with criminal breach of trust or criminal misappropriation of money, it shall be 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.
Charge of falsification of accounts. Cap. 532.
204. When the accused is charged with falsification of accounts under section 371 of the Penal Code, it shall be sufficient to allege a general intent to defraud without naming a particular person intended to be defrauded or specifying a particular sum of money intended to be the subject of the fraud or a particular day on which the offence was committed.
When manner of committing offence must be stated.
205. When the nature of the case is such that the particulars mentioned in sections 203 and 204 of this Code do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain the particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. Illustrations. (a) A is accused of the 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 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.
Effect of errors.
206. No error in stating either the offence or the particulars required to be stated in the charge and an omission to state the offence or those particulars shall be regarded at any stage of the case as material, unless the accused was in fact misled by the error or omission and it has occasioned a failure of justice.
Illustrations. (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 omission 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 set out 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 Karo 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 referred exclusively to the case of Audu Karo. It may be inferred from these facts that A was not misled and that the errors in the charge were immaterial.
(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 witnesses present in his defence were witnesses in the case of Audu Karo. It may be inferred from this that A was misled and that the error was material.
Procedure on commitment without charge or with imperfect charge.
207. When a person is committed for trial without a charge or with an imperfect or erroneous charge, the court may frame a charge or add to or otherwise alter the charge, as the case may be, having regard to the provisions of this Code as to the form of charges.
Illustrations. (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 360 of the Penal Code cannot be added.
(b) A is charged with forging a valuable security under section 364 of the Penal Code. A charge of fabricating false evidence under sections 158, 159 or 160 of the Penal Code, as the case may be, may be added.
Court may alter charge.
208. (1) A court may alter or add to a charge or frame a new charge at any time before judgment is pronounced.
(2) Every alteration or addition or new charge shall be read and explained to the accused and his plea thereto shall be taken.
When court may proceed with trial immediately after altering, adding to or framing charge.
209. If the charge as revised under section 208 of this Code is such that proceeding immediately with the trial is not likely in the opinion of the court to prejudice the accused in his defence or the prosecutor, if any, in the conduct of the case, the court may in its discretion forthwith proceed with the trial as if the charge so revised had been the original charge.
When new trial may be directed or trial suspended.
210. If the revised charge is such that proceeding immediately with the trial is likely in the opinion of the court to prejudice the accused in his defence 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.
Recall of witnesses when charge revised.
211. Whenever a charge is revised by the court after the commencement of the trial, the prosecutor and the accused shall be allowed to recall or re-summon and examine with reference to the revision a witness who may have been examined and also to call a further witness whom the court may consider to be material.
Separate charges for distinct offences.
212. For every distinct offence of which a person is accused there shall be a separate charge and every charge shall be tried separately, except in the cases mentioned in sections 213, 214, 215, 216 and 221 of this Code.
Illustration. A is accused of a 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.
Offences of like character may be charged together.
213. Where a person is accused of several offences of the same or similar of character he may be charged with and tried at one trial for any number 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 embarassed in his defence by that 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 those charges.
Acts forming the same transaction.
214. (1) If a series of acts so connected together as to form the same transaction is alleged, the accused may be charged with and tried at one trial for every offence which he would have committed if all such acts or some one or more of them without the rest were proved.
Cap. 532.
(2) In passing sentence the court shall have regard to section 76 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 314 of the Penal Code and falsification of accounts under section 371 of the Penal Code.
(b) A commits robbery on B and in doing so voluntary causes hurt to him. A may be separately charged with and tried at one trial for offences under sections 246, 298 and 300 of the Penal Code.
When it is doubtful on which occasion an offence has been committed.
215. If a series of acts is of such a nature that it appears that an offence was committed on one of several occasions but it is doubtful whether the facts which can be probed will show on which occasion an offence was committed the accused may be charged with having committed an offence alternatively on one or other of those 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.
When it is doubtful what offence has been committed.
216. If a single act or series of acts is of such a nature that it is doubtful which of several different offences the facts which can be proved will constitute, the accused may be charged with having committed all or any one or more of such offences and any number of such charges may be tried together; or he may be charged in the alternative with having committed some one or other of those 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 others or other of them.
When person charged with one offence may be convicted of another.
217. If in the case mentioned in section 216 of this Code, the accused is charged with one offence and it appears in evidence that he committed a different offence with which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed although he was not charged with it.
Illustrations. (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.
(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 indecency 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.
Conviction of lesser offence where greater charged.
218. (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete lesser offence, and the combination is proved but the remaining particulars are not proved, he may be convicted of the lesser offence though he was not charged With it.
(2) When 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.
Conviction for attempt not separately charged.
219. When a person is charged with an offence he may be convicted of an attempt to commit that offence although the attempt is not separately charged.
Withdrawal of remaining charges on conviction on one of several charges.
220. (1) When a charge containing more heads than one is framed against the same person, and when a conviction has been obtained on one or more of them, the complainant or the officer conducting the prosecution may, with the consent of the court, withdraw the remaining charge or charges, or the court of its own accord may stay the inquiry into, or trial of the charge or charges.
(2) A withdrawal under subsection (1) of this section shall have the effect of an acquittal on the remaining charge or charges referred to in that subsection 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 inquiry into or trial of the charge or charges so withdrawn.
What persons may be charged jointly.
221. The following persons may be charged and tried together, namely- (a) persons accused of the same offence committed in the course 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 or similar 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;
(f) persons accused of offences under sections 317 and 319 of the Penal Cap. 532. 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, and the provisions contained in this Part of this Chapter shall, so far as may be, apply to all such charges.
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 housebreaking 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 with the one theft and B alone with the two other thefts.
Effect of material error.
222. (1) If an appellate court is of opinion that 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 failure of justice, it may direct that the trial be recommenced on a charge framed in whatever manner it thinks fit.
(2) If the court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved it shall quash the conviction.
Illustration. A is convicted under section 161 of the Penal Code of an offence of using as genuine evidence 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 has 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 XX.-PREVIOUS ACQUITTALS AND CONVICTIONS
Person once convicted or acquitted not to be tried for same offence.
223. (1) A person who has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 216 of this Code or of which he might have been convicted under section 217 of this Code.
(2) A person convicted of an offence constituted by an act causing consequences, which together with the act constituted a different offence from that of which he was convicted, may be afterwards tried for the 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 an offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charge 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 acquittal remains in force, be charged upon the same facts either with the 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 again 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 same 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 subsection (2) of this section.
Previous acquittal or conviction when to be proved.
224. A previous acquittal or conviction may be pleaded or proved at any stage of an inquiry into or a trial for the same offence or any other offence to a charge of which it is a bar and on its being proved, the accused shall be discharged.
CHAPTER XXI.–GENERAL PROVISIONS AS TO INQUIRIES, TRIALS AND OTHER JUDICIAL PROCEEDINGS
Courts to be open.
225. (1) The place in which a court is held for the purpose of inquiring into or trying an 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 subsection (1) of this section, a court may if it thinks fit order at any stage of an inquiry into or a trial of a particular case that the public generally or a particular person shall not have access to or be or remain in the place.
EXPLANATION. Acting under subsection (2) of this section the court may exclude any witness from the court at any stage of the proceedings or may clear the court whilst a child or young person is giving evidence.
Right of appearance on legal practitioner.
226. (1) A legal practitioner shall have the right to practise in the High Court or in a magistrate’s court in accordance with the provisions of the Legal Practitioners Act.
Cap. 207.
(2) The expression “legal practitioner” has the same meaning as in the Legal
Practitioners Act.
Representation of the State Government Departments and local authorities.
227. (1) In the case of a prosecution in the High Court or in a magistrate’s court by or on behalf of the State or by a public officer in his official capacity or by a local authority, the State or that public officer or local authority may be represented by a law officer, the Attorney-General, State Counsel, an administrative officer, a police officer, or by a legal practitioner or other person duly authorised in that behalf by or on behalf of the Attorney-General or, in revenue cases, authorised by the head of the department concerned.
(2) In a cause, matter or an appeal, to which a local authority is a party, the local authority may be represented at any stage of the proceedings by a member or officer of the local authority who shall satisfy the court that he is duly authorised in that behalf.
(3) In a criminal case brought by or against a first or second class chief in either his official or personal capacity, the chief may be represented in the court at any stage of the proceedings by a native of his chiefdom who shall satisfy the court that he has the authority to represent the chief.
(4) Where a person other than the Attorney-General prosecutes on behalf of the State or a public officer prosecutes in his official capacity, that person or public officer shall prosecute the case subject to such directions as may be given by the Attorney-General in a prosecution for an offence under an Act of the National Assembly.
General procedure in inquiries and trials by magistrates’ courts and area courts.
228. Except as otherwise provided in this Code, the general order of procedure in inquiries and trials before a magistrate’s court or area court shall, so far as may be, be the same as is provided in Chapter XVIII of this Code for trials by the High Court.
Oath.
229. (1) Every witness giving evidence in an inquiry or trial under this Code may be called upon to take an oath or make a solemn affirmation that he will speak the truth.
(2) The evidence of a person, who by reason of youth or ignorance or otherwise is in the opinion of the court unable to understand the nature of an oath, may be received without the taking of an oath or making of an affirmation if in the opinion of the court he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.
Witness not compelled to take oath or make affirmation.
230. No witness, if he refuses to take an oath or make a solemn affirmation, shall be compelled to do so or asked his reason for so refusing but the Court shall record in such a case the nature of the 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.
Manner of making oath or affirmation.
231. A witness shall take an oath or make a solemn affirmation in such a manner as the court considers binding on his conscience.
Swearing of Muslims.
232. No person of the Islamic faith shall be required to take an oath in a court unless-
(a) he has been given an opportunity to complete the ablutions prescribed by the Islamic faith for persons taking oath on the Holy Qu’ran; and
(b) the oath is administered by a person of the Islamic faith; and
(c) the oath is taken upon a copy of the Holy Qu’ran printed in the Arabic language.
Protection of witnesses.
233. The court shall prevent the putting of irrelevant 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 the question bears directly on facts which are material to the proper appreciation of the facts of the case.
Taking and recording of evidence.
234. (1) Except as otherwise provided in subsection (2) of section 154 of this Code, all evidence in every inquiry and trial shall be taken in the presence of the accused.
(2) Except as otherwise provided in this Code, the evidence of each witness and the examination and statement, if any, of the accused shall be recorded in writing 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 a 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 he recorded such remarks as it thinks material respecting the demeanour of the witness whilst under examination.
Power to examine the accused.
235. (1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him the court may, if the accused so agrees, at any stage of an inquiry or trial, after explaining to the accused the effect of subsections (2) and (3) of this section, put such questions to him as the court considers necessary and in that case shall for the 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 accused shall not render himself liable to punishment by refusing to answer the questions or by giving false answers to them; but the court may draw such inference from the refusal or answers as it thinks just.
(3) The answers given by the accused may be taken into consideration in the inquiry or trial.
(4) The sole purpose of the examination shall be to discover the line of defence and to make clear to the accused 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 crossexamination for the purpose of establishing the guilt of the accused.
(5) No oath shall be administered to the accused for the purposes of an examination under this section.
Evidence of accused.
236. (1) An accused person shall be a competent witness on his own behalf in any inquiry or trial, whether he is accused solely or jointly 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 accused shall not be examined as a witness except at his own request;
(b) before giving evidence the accused 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 inquiry or
trial;
(c) the failure of the accused 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 accused shall not be asked in cross-examination, and if asked shall not be required to answer, a 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 the other offence is admissible evidence to show that he is guilty of the offence with which he is then charged, or
(ii) he has personally or by his legal practitioner asked questions of the witnesses for the prosecution with a view to establishing his own good character or has given evidence of his good character, or the nature or conduct of the defence is such as to involve amputations on the character of the prosecutor or the witnesses for the prosecution, (iii) he has in his evidence made statements against any other persons tried jointly with him;
(e) no prosecution in respect of the evidence for the offence of giving false evidence shall be instituted against the accused except with the sanction of a Judge of the High Court.
(2) The deposition, if any, of the accused recorded under subsection (1) of this section may be put in evidence in any other inquiry into or trial for any other offence which such deposition or such answers may tend to show he has committed.
Powers to summon material witnesses or call persons present.
237. (1) Any court may at any stage of any inquiry, trial or other judicial proceeding under this Code summon a person as a witness or call as a witness any person in attendance though not 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; or
(b) on the application of the Attorney-General, and if such application is made, the accused 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 accused, 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 accused, as the case may require, to examine any person so summoned or called under paragraph (b) of subsection (1) of this section.
(3) A 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 accused and then re-examined by the prosecutor or complainant;
(b) if examined by the accused, be cross-examined by the prosecutor or complainant and then be re-examined by the accused.
(4) Notwithstanding anything contained in section 222 of the Evidence Act, a 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 accused.
(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 proceeding.
Evidence of persons confined.
238. (1) In a proceeding pending before a court, the court may on application either orally or in writing by a party, issue a warrant or order for bringing up before the court a person confined in a place under sentence or under commitment for trial or otherwise, to be examined as a witness in the proceeding.
(2) The person mentioned in the order shall be brought before the court under custody.
When evidence given at preliminary inquiry admissible at trial.
239. (1) The evidence of a witness given on oath and duly recorded in writing in a judicial proceeding under this Code may in the discretion of the court be read and accepted as evidence in a subsequent proceeding concerning the same cause or matter against the same accused or in a later stage of the same proceeding, 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 accused had the right and opportunity to cross-examine 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 at 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) If a witness is produced and examined in a judicial proceeding under this Code, his evidence given on oath and duly recorded in writing at a like proceeding previously held against the same accused 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 his evidence in chief has been given and he may be examined and cross-examined on it and it may be accepted as evidence by the 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.
Admissibility of statements by accused.
240. Where there are several accused, the statements of each made in answer to examination under section 235 of this Code or made under section 192 of this Code or given in evidence under section 236 of this Code may be taken into consideration by the court and shall be admissible for or against himself and any of the other accused at the same or any subsequent stage of the same proceeding, but the statements made by one of the accused shall not be admitted at the trial of the other accused unless the accused person who made those statements is being tried jointly with the other accused and the statements were made in the presence of the other accused who had an opportunity of cross-examining the accused who made them.
Language not understood by accused.
241. When an evidence is given in a language not understood by he accused and the accused is present in court, it shall be interpreted to him in a language understood by him.
Interpreter bound to interpret truthfully.
242. (1) When the services of an interpreter are required by a court or justice of the peace for the interpretation of an evidence, a statement or other proceedings he shall be bound by oath or solemn affirmation to state the true interpretation of the evidence or statement.
(2) When the services of an interpreter are used in a proceeding by a court or justice of the peace the record of the proceeding 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 subsection (1) to state the true interpretation of the evidence, statement or other proceedings.
View.
243. (1) Whenever in the course of a judicial proceeding under this Code, the court thinks it advisable to view the place where the offence is alleged to have been committed or any other place, the court may either adjourn the court to that place and there continue the proceeding or adjourn the case and proceed to view the place concerned accompanied by the accused and may cause a witness to be conducted thither and may take an evidence or hear a statement or an explanation by the accused on the spot, and the prosecutor and the counsel for the accused, if any, shall have the right to be present at the view.
Determination of age.
(2) Where the age of a person, or whether a person is under or above a specified age, is in question in a judicial proceeding under this Code, the court may determine the question by taking into account one or both of the following, namely- (a) the apparent physical appearance of the person concerned;
Cap. 112.
(b) an 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 Code.
(3) The evidence of a witness, who is not an expert within the meaning of section 57 of the Evidence Act, shall be admissible for the purposes of this section.
Power to take evidence of persons dangerously ill.
244. (1) Whenever it appears to a court that a person who is so dangerously ill that there is a possibility that he may not recover is able and willing to give evidence relating to an offence the court may take in writing the statement of that person and may invite him to take an oath as to the truth of the statement.
(2) When a statement is taken in accordance with subsection (1) of this section, the court shall certify that the statement is a correct record of the statement made by the 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.
Commission to take evidence.
245. Whenever in the course of a judicial proceeding under this Code it appears to the court that the examination of a witness is necessary for the ends of justice and that the attendance of that witness cannot be procured without an amount of delay, expense or inconvenience which in the circumstances of the case would be unreasonable, the court may dispense with his attendance and may issue a commission to a court within the local limits of whose jurisdiction the witness resides to take his evidence.
Examination of witnesses on commission.
246. (1) The court issuing a commission under section 245 of this Code may send interrogatories in writing submitted by the prosecution or the defence or prepared by itself which it deems relevant to the questions at issue to the court to which the commission is directed which shall examine the witness upon those interrogatories.
(2) The prosecutor and the accused may appear in person or by counsel before the court taking evidence on commission and examine, cross examine or re-examine, as the case may be, the witness, provided that where the court taking evidence on commission is a native court no counsel shall be entitled to appear.
(3) A commission shall be addressed to a court and not personally to an officer of the court and, if the record or extracts from the record are not sent with the commission, sufficient information shall be given to enable the examining court to understand the points on which the evidence of the witness is required.
Return of commission.
247. (1) After a commission issued under section 245 of this Code has been duly executed it shall be returned together with the deposition of the witness examined thereunder to the court out of which it issued; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection by the prosecution or defence and subject to all just exceptions may be read in evidence in the case and shall form part of the record.
(2) A deposition of a witness examined under a commission issued under section 245 of this Code may also be received in evidence at a subsequent stage of the same case before another court.
Evidence taken abroad by interrogatories.
248. (1) Wherever in the course of a judicial proceeding under this Code it appears to a court that, for the purpose of ascertaining the nature, source or other attribute of identification of an article, the examination of a witness who is abroad is necessary for the ends of justice and that the attendance of that 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 accused or his counsel, may disperse with his attendance and may settle such interrogatories in writing to be answered by the witness as may be necessary for the aforesaid purpose. (2) Where the interrogatories are settled by a court other than the High Court, leave to serve the interrogatories shall be obtained from a Judge of the High Court.
(3) The interrogatories settled by the court under subsections (1) and (2) of this section 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 medical witnesses.
249. (1) The evidence of a medical officer or registered medical practitioner taken on oath before a court in the presence of the accused may be read in evidence in an inquiry, trial or other proceeding under this Code although he is not called as a witness. (2) The court may if it thinks fit summon the medical officer or registered medical practitioner to appear before it as a witness.
(3) (a) A written report by a medical officer or registered medical practitioner after he has examined a person or the body of a person may at the discretion of the court be admitted in evidence for the purpose of proving the nature of an injury received by the person or, where the person has died, the nature of the injury received by that person and, where possible, the physical cause of his death.
(b) On the admission of the report, it shall be read over to the accused and he shall be asked whether he disagrees with a statement therein and a disagreement shall be recorded by the court.
(c) If by reason of a disagreement or otherwise it appears desirable for the ends of justice that a medical officer or registered medical practitioner shall attend and give evidence in person, the court shall summon the medical officer or registered medical practitioner to appear as a witness.
Report of scientific expert.
250. (1) A document purporting to be a report under the hand of the AccountantGeneral or Auditor-General or an expert in bacteriology, physiology, biology, pathology, chemistry or other branch of scientific knowledge in the service of a Government of the Federation on a matter or thing duly submitted to him for examination or analysis and report in the course of a proceeding under this Code may be used as evidence in an inquiry, trial or other proceeding under this Code.
(2) The court may if it appears desirable for the ends of justice summon any person making a report under subsection (1) of this section to give evidence in person.
Reports under sections 249 and 250 of Code.
250A. (1) The court shall, in the absence of evidence to the contrary presume that the signature to any report or document referred to in section 249 or 250 of this Code is genuine and that the person signing it held the office or the qualifications which he professed at the time when he signed it.
(2) Where a 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 ten 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 hearing on such terms as it may think proper.
Record of evidence in absence of absconding accused.
251. (1) If it is proved that an accused person has absconded and that there is no immediate prospect of arresting him, the court competent to try or commit for trial that person for the offence alleged may in his absence examine a witnesses produced on behalf of the prosecution and record their depositions.
(2) A deposition may on the arrest of the person be given in evidence at the inquiry into 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 inconvenience which in the circum- stances of the case would be unreasonable.
Record of evidence when offender unknown.
252. (1) If it appears that an offence punishable with death or imprisonment for ten years and upwards has been committed by some person or persons unknown, a court may hold an inquiry and examine a witness who can give evidence concerning the offence.
(2) A deposition taken under subsection (1) of this section may be given in evidence when a person is subsequently accused of the offence if the deponent is dead or incapable of giving evidence or beyond the limits of the Federal Capital Territory, Abuja.
Stay of proceedings by Attorney- General.
253. (1) At any time after the completion of an investigation under this Code into an alleged offence and before the commencement of an inquiry or trial resulting therefrom, the Attorney-General may by writing under his hand exercise his power to inform the court which has taken cognisance of the offence that he does not, in respect of all or any of the alleged offences, intend to prosecute the person or any one or more of the persons accused.
(2) At any stage in an inquiry or at any stage before the finding in a trial under this Code, the Attorney-General may in writing or in person exercise his power to inform the court conducting the inquiry or trial that he does not in respect of all or any of the offences alleged or charged intend to prosecute or further to prosecute the person or any one or more of the persons accused.
(3) When the Attorney-General exercises the powers referred to in subsection (2) of this section, all proceedings in respect of the offence alleged or charged shall be stayed and the person accused shall be discharged of and from the same, but the discharge shall not operate as a bar to a subsequent proceeding against the person accused on account of the same facts.
No influence to be used to induce disclosure.
254. No influence by means of a promise or threat or otherwise shall be used to an accused person to induce him to disclose or withhold a matter within his knowledge.
Power to postpone or adjourn proceedings.
255. (1) If from the absence of a witness or other reasonable cause it becomes necessary or advisable to postpone the commencement of or adjourn an inquiry or a trial, the court may, if it thinks fit by order in writing stating the reasons therefor, from time to time postpone or adjourn the inquiry or trial on such terms as it thinks fit for such time as it considers reasonable and may by a warrant remand the accused if in custody.
(2) Notwithstanding the provisions of subsection (1) of this section, no court shall remand an accused person to custody under this section for a term exceeding fifteen days at a time.
Procedure by court in cases of which it cannot dispose.
256. (1) If in the course of an inquiry or a trial before a court the evidence appears to warrant a presumption that the case is one that should be tried or committed for trial by some other court, the court holding the trial or inquiry 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 commit the accused for trial or refer the case for trial or commitment to a court subordinate to it which has jurisdiction.
(3) If the court to which the case is submitted or referred considers that the accused should be committed for trial, the court shall follow the procedure laid down in Chapter XVII of this Code except save that it shall not be bound to take again any of the evidence already recorded.
(4) If the court to which the case is submitted or referred decides that the case should be tried the trial shall be begun afresh.
Procedure when court cannot pass sentence sufficiently severe.
257. (1) Whenever a court having jurisdiction-
(a) finds a person guilty after hearing the evidence for the prosecution and the defence; or
(b) accepts a plea of guilty from a person,
and after convicting the person, is of the opinion that the person ought to receive a punishment different in kind from, or more severe than that, which the court is empowered to inflict, it may record its opinion and submit the proceedings and send the accused to a court having the necessary powers of punishment or to the High Court.
(2) The court to which proceedings are submitted under subsection (1) of this section shall pass such sentence or order in the case as it thinks fit and is according to law.
(3) When more accused than one are being tried together and the court considers it necessary to proceed under subsection (1) of this section in regard to all the accused it shall forward all the accused who are in its opinion guilty to the appropriate court.
EXPLANATION. A court may where several persons are charged before it sentence some of the accused and forward the others under this section to an appropriate court for sentence.
Conviction on other charges pending.
258. (1) When an accused person is found guilty of an offence, the court may in passing sentence take into consideration any other offence of the accused person, whether or not a court has taken cognisance of that offence, if the accused admits the other offence and desires that it be taken into consideration and if the Attorney-General consents.
(2) In exercising its powers under subsection (1) of this section a court shall not pass a greater sentence than the maximum sentence-
(a) which it could have passed on the accused person 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 accused expresses a desire and the Attorney-General gives consent under subsection (1) of this section, the court shall enter or cause an entry to that effect to be made on the record and, on sentence being pronounced, the accused shall not, unless the conviction is set aside, be liable to be charged or tried in respect of an offence so taken into consideration.
Joint trial may be stayed and accused tried separately.
259. (1) The court may, at any stage of the trial where there are several accused, by order in writing stating the reasons therefor stay the proceedings of the joint trial and continue the proceedings against each or any of the accused separately.
(2) Where it appears that the evidence of one of the accused is required for the prosecution of another accused, the accused whose evidence is required shall be acquitted or convicted before his evidence is taken.
Reference on points of law.
260. (1) A court may, and when so required by the Attorney-General shall, refer for the opinion of the High Court a question of law which arises in the hearing of a case pending before it or may give judgment in the case subject to the High Court’s decision, and pending the opinion or decision, as the case may be, may either commit the accused to prison or release him on bail to appear when called on.
(2) A reference to the High Court by a lower court under subsection (1) of this section shall set out-
(a) the charge or complaint;
(b) the facts found to be admitted or proved;
(c) a submission of law made by or on behalf of the complainant or the accused; (d) a question of law which the court desires to be submitted for the opinion of the High
Court; and
(e) a question of law which the Attorney-General requires to be submitted for the opinion of the High Court.
(3) On the High Court notifying its opinion or decision, the case shall be dealt with in accordance with that opinion or decision.
Procedure when accused does not understand proceedings.
261. If the accused though not insane cannot be made to understand the proceedings, the court shall proceed to try the issue of his fitness to plead and if it is established that he is not fit to plead he shall be treated in like manner as a person incapable of making his defence by reason of unsoundness of mind as provided in Chapter XXVI of this Code.
Delivery of judgment when judge, etc., unavoidably absent.
262. Where a judge or magistrate or an area court judge having tried a case is prevented by illness or other unavoidable cause from delivering the judgment or sentence of the court, the judgment and the sentence, if the same has been reduced into writing and signed by the judge or magistrate or area court judge, may be delivered and pronounced in open court in the presence of the accused by any other judge or magistrate or area court judge as may be appropriate.
Opinion of majority to prevail.
263. In all cases where the opinions of the members of the court differ, the opinion of the majority shall prevail.
Procedure where court evenly divided.
264. Where a court is constituted of an even number of judges and the court is evenly divided on a matter for decision the matter shall be referred for hearing before a court constituted of an uneven number of judges not less than three.
Every member to give opinion.
265. Every member of a court shall give his opinion on every question which the court has to decide and he shall give his opinion as to the sentence even though he was in favour of acquittal.
Order of taking opinions.
266. The opinions of the members of the court shall be taken in succession beginning with the junior in rank.
CHAPTER XXII.-THE JUDGMENT
Definition for Chapter XXII.
267. In this Chapter-
“Minister” means the Minister responsible for the Federal Capital Territory, Abuja.
Language and mode of delivering judgment.
268. (1) The judgment in every trial in a court shall be in writing and shall be pronounced, and the substance of it explained in a language understood by the accused in open 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 accused is in custody he shall be brought up to hear judgment delivered; if he is not in custody he shall be required to attend to hear judgment delivered unless his presence is dispensed with by the court.
(3) No judgment delivered by a court shall be deemed to be invalid by reason only of the absence of a party or his counsel on the day or from the place notified for the delivery thereof, or of an omission to serve or defect in service on the parties or their counsel or any of them of the notice of that day and place.
Contents of judgment.
269. (1) Every judgment shall contain the point or points for 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.
Cap. 532.
(2) If the judgment is a judgment of conviction it shall specify the offence of which and the section of the Penal Code or other law under which the accused 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 accused is acquitted and direct that he be set at liberty.
Death sentence not imposed in certain circumstances.
270. No sentence of death shall be imposed on a person who is under seventeen years of age or on a pregnant woman.
Procedure when woman convicted of capital offence alleged to be pregnant.
271. (1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court by which a woman is so convicted thinks fit so to do, the court shall, before sentence is pronounced on her, determine the 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.
(3) Where under the provisions of subsection (2) of this section, it is proved affirmatively to the satisfaction of the court that the woman is pregnant, the court shall find accordingly and shall pass upon her a sentence of imprisonment for life.
(4) Where under the provisions of subsection (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, but an appeal shall lie against the finding of the court to the Court of Appeal, and, if the finding is reversed on appeal, the sentence of death shall be quashed and a sentence of imprisonment for life shall be substituted therefor.
(5) The court of trial shall report to the Minister a case in which a sentence of imprisonment for life is passed or is substituted for a sentence of death under the preceding provisions of this section.
Procedure where person is convicted of a capital offence committed while under seventeen years old.
272. (1) Where a person is convicted of an offence punishable with death and it appears to the court by which he is convicted that he was under the age of seventeen years when he committed the offence the court shall order that he be detained during the President’s pleasure, and if the court so orders, he shall be detained in accordance with the provisions of section 303 of this Code, notwithstanding anything to the contrary in a written law.
(2) The court shall report to the Minister every case in which an order has been made under the provisions of subsection (1) of this section.
Sentence of death.
273. When a person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
Cases in which appeal lies.
274. When a judgment of conviction is one from which an appeal lies the court shall inform the convicted person that he has a right to appeal and of the period within which if he desires to appeal his appeal is to be presented.
Court not to alter judgment.
275. No court when it has signed its judgment shall alter or review the judgment, except as provided in section 309 or 317 of this Code or to correct a clerical error.
Copy of judgment or translation to be given to accused on application.
276. On the application of the accused, a copy of the judgment, or when he so desires a translation in his own language if practicable, shall be given to him without delay and the copy shall be given free of cost.
Original judgment to be filed.
277. The original judgment shall be filed with the record of the proceedings.
PART VII
PROCEEDINGS SUBSEQUENT TO JUDGMENT
CHAPTER XXIII.-APPEAL AND REVIEW
Appeals from area courts. Cap. 477. Cap. 510.
278. Appeals from area courts in criminal matters shall be in accordance with the Area Courts Act or the High Court Act or this Code, or any rules made under any of those Acts.
Appeal from magistrate’s court. Cap. 62.
279. (1) Appeals from a magistrate’s court to the High Court shall be in accordance with the provisions of the Constitution of the Federal Republic of Nigeria 1999.
(2) Where an accused person has been acquitted or an order of discharge made by a magistrate’s court, the prosecutor may appeal to the High Court from the acquittal or discharge on the ground that it is erroneous in law or that the proceedings or a part thereof were in excess of the jurisdiction of the magistrate’s court.
Procedure on appeal from magistrate’s court.
280. (1) An appeal in accordance with the provisions of this 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 the appeal, which may be verbal or in writing, and if verbal, shall be forthwith reduced to 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, the 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) If the appellant is in prison he may present his notice of appeal and the memorandum of the grounds of appeal required by section 281 of this Code to the officer in charge of the prison who shall thereupon forward the notice and memorandum to the registrar of the court from which the appeal is brought.
(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 grounds of appeal from magistrate’s court.
281. (1) An appellant in an appeal brought in accordance 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 or the legal practitioner representing him.
(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 AttorneyGeneral.
Grounds of appeal from magistrate’s court. N.N. 3 of 1963.
282. (1) In his memorandum of grounds of appeal, the 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 complains with particulars sufficient to give the respondent due notice thereof.
(2) Without prejudice to the generality of subsection (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; or
(b) that the lower court has exceeded its jurisdiction in the case; or
(c) that the decision has been obtained by fraud; or
(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; or
(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 not sufficient admissible evidence to sustain the decision after rejecting the inadmissible evidence; or (f) that the decision is unreasonable or cannot be supported having regard to the evidence; or
(g) that the decision is erroneous in point of law; or
(h) that some other specific illegality, not hereinbefore 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 on the grounds of appeal mentioned in paragraph (d) of subsection (2) of this section, the name of the tribunal 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 subsection (2) of this section, the nature of the error shall be stated and, where he relies on the ground of appeal mentioned in paragraph (h) of that subsection the illegality complained of shall be clearly specified.
Giving security to prosecute the appeal from a magistrate’s court.
283. (1) Within thirty days or, in the case of an appeal against a sentence of caning, within fifteen days after the pronouncing of the decision of the magistrate’s court, the appellant shall enter into a bond with or without a surety as the magistrate may require, in such sum as the magistrate may specify, or in lieu of furnishing a surety or sureties, as the case may be, he may deposit with the magistrate the sum required. (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 is a 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 magistrate 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 magistrate from whose decision the appeal is made, a magistrate of the district in which the appellant may be shall have the powers and functions given and assigned to the magistrate by this section.
Appeals from High Court.
284. (1) Appeals from the High Court in criminal matters shall be in accordance with the provisions of the Constitution of the Federal Republic of Nigeria 1999.
(2) The prosecutor may appeal as of right to the Court of Appeal on a question of law from a decision of the High Court sitting at first instance.
(3) The prosecutor may appeal with leave of the Court of Appeal or of the High Court to the Court of Appeal-
(a) on a question of fact or of mixed law and fact from a decision of the High Court sitting at first instance; or
(b) on a question of law or of fact or of mixed law and fact from a decision of the High Court in a criminal appeal from a magistrate’s court or an area court.
Power of Chief Judge to examine proceedings.
285. (1) The Chief Judge may on his own motion call for and examine the record of proceedings in a criminal cause or matter before a court for the purpose of satisfying himself as to the correctness, legality or propriety of a finding, sentence or an order recorded or passed and as to the regularity of the proceedings of the court.
(2) After the exercise of his powers under subsection (1) of this section, the Chief Judge may refer the record of the proceedings to the court to which an appeal from a decision of the court referred to in subsection (1) of this section, would lie and such appellate court shall treat the reference as if it were an appeal before it from the court referred to in subsection (1) of this section, at the instance of the party or person as the Chief Judge shall designate whether or not an appeal lies at the instance of that party or person.
(3) No reference shall be made under this section in respect of any finding of not guilty unless the record of the proceeding was called for within six months of the date of the delivery of the judgment.
(4) Whenever the record of a case comes before the Chief Judge under this section he may by an order in writing direct that a person in confinement be released on bail or on his own bond pending any further proceedings or order.
Cap. 477.
(5) The powers conferred on the Chief Judge by this section shall not be exercised in respect of a proceeding where a party has instituted an appeal proceeding in respect thereof or a proceeding for a review has been instituted under the provisions of the Area Courts Act.
Accused, etc., not entitled to be heard on examination of proceedings under section 285.
286. When the record of proceedings in a criminal court is before the Chief Judge for examination neither the accused nor the complainant or prosecutor shall be entitled to be heard either in person or by agent.
Sentence to take effect pending appeal.
287. A sentence other than a sentence of death or caning shall take effect
notwithstanding an appeal unless-
(a) a warrant has been issued under section 304 of this Code when no sale of property shall take place until the sentence has been confirmed or the appeal decided; or
(b) an order for release on bail pending a 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 a sentence which he has ultimately to undergo.
Appellate court not to send back judgment for technical error in procedure.
288. A court exercising appellate jurisdiction shall not in the exercise of that jurisdiction interfere with the finding or sentence or other order of the lower court on the ground only that evidence has been wrongly admitted or that there has been a technical irregularity in procedure, unless it is satisfied that a failure of justice has been occasioned by the admission or irregularity.
Enforcing of judgment.
289. After the pronouncement of the judgment of an appeal court, the Court from which the appeal came shall have the same jurisdiction and power to enforce, and shall enforce a decision which may have been affirmed, modified, amended or substituted by the appeal court, or a judgment which may have been pronounced by the appeal court, in the same manner in all respects as if that decision or judgment had been pronounced by itself.
Court member not to hear appeals from judgments.
290. No judge, magistrate or judge of an area court shall sit as a member of an appeal court when the appeal court is hearing an appeal from a finding sentence or order passed by him or by a court of which he is a member.
Abatement of appeals.
291. A criminal appeal, other than an appeal from a sentence of fine, shall finally abate on the death of the appellant.
CHAPTER XXIV.-EXECUTION
Definitions for Chapter XXIV
292. In this Chapter-
“convicted person” means a person convicted of an offence punishable with death; “Minister” means the Minister responsible for of the Federal Capital Territory, Abuja.
Sections not applicable to area courts.
293. Nothing in sections 294 to 301 of this Code inclusive shall affect the procedure prescribed in section 394 of this Code to be followed by an area court having jurisdiction over capital offences.
High Court to report death sentence to President.
294. (1) After a sentence of death has been pronounced in the High Court, the presiding judge shall, as soon as may be convenient, forward to the President a copy of the trial proceedings including the judgment and sentence together with a report in writing containing any recommendation or observation on the case which he thinks fit to make.
(2) Where an appeal against a sentence of death passed by an area court has been made to the High Court, the presiding judge of the High Court shall, when the appeal is not allowed, forward to the President a copy of the proceedings before the High Court together with the proceedings of the lower court and any recommendation or observation which the High Court thinks fit to make.
Recommendation of pardon or reprieve.
295. When a convicted person-
(a) has been sentenced to death by the High Court; and
(b) (i) has not appealed within the time prescribed by law; or
(ii) has unsuccessfully appealed against the conviction; or
(iii) having filed a notice of appeal has failed to prosecute the appeal,
Cap. 62.
the President shall, after considering the report referred to in section 294 of this Code and after consultation with the Council of State, decide whether he should exercise the powers conferred on him under section 161 of the Constitution of the Federal Republic of Nigeria 1999.
When death sentence to be carried into effect.
296. If the President decides not to exercise the power referred to in section 295 of this Code in respect of a convicted person, the sentence of death pronounced on the convicted person shall be carried into effect in accordance with the provisions of this Chapter.
President to inform High Court.
297. The President shall communicate the decision referred to in section 296 of this Code to the High Court or where an appeal from an area court has been heard in the High Court to the High Court and the trial court.
Order for execution of death sentence.
298. (1) When the President has communicated his decision in accordance with the provisions of section 297 of this Code he 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 the 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 President’s order the officer specified in the order shall endorse thereon the date, time and place of carrying out the sentence of death and the place of burial.
(3) The President may make rules prescribing the form of an order, a direction or specification mentioned in this section.
Copy of order to be sent to Minister.
299. (1) A copy of the President’s order shall be sent to the Minister and the Minister shall cause effect to be given thereto.
(2) If for any reason a copy of the President’s order is not received by the Minister before the date fixed therein or endorsed thereon for execution, the Minister shall nevertheless direct that the order shall be carried into effect upon the earliest convenient day after receipt thereof.
(3) The copy of the President’s order or the directions issued by the Minister under 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 sentenced to death is alleged to be pregnant.
300. If a woman sentenced to death is subsequently alleged to be pregnant, the Minister shall report the allegation to the President who shall thereupon order the sentence of death to be postponed until a medical officer be appointed in writing by the President has determined whether or not the woman is pregnant, and made a report in writing of his finding to the President.
Procedure for granting of pardon.
301. (1) If the President exercises a power referred to in section 295 of this Code, he shall issue an order, which shall be countersigned by the Minister, 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 such condition as may be specified therein.
(2) The Minister shall send to the superintendent or other officer in charge of the prison in which the convicted person is confined a copy of an order issued by the President in accordance with the provisions of this section.
(3) The superintendent or other officer in charge of the prison in which the convicted person is confined shall comply with and give effect to every order sent to him under the provisions of this section.
Execution of sentence of imprisonment.
302. (1) When an accused person is sentenced to imprisonment, the court passing the sentence shall forthwith issue a warrant committing him to prison and shall send the warrant and prisoner to the prison in which he is to be confined.
(2) Every warrant referred to in subsection (1) of this section shall be directed to the official in charge of the prison or other place in which the prisoner is to be confined and shall be lodged with the official in charge of the prison or place.
Conditions attaching to detention during pleasure.
303. (1) When a person is ordered to be detained during the President’s pleasure he shall notwithstanding anything in this Code or in an other written law be liable to be detained in such place and under such conditions as the President may direct and whilst so detained shall be deemed to be in legal custody.
(2) A person detained during the President’s pleasure may at any time be discharged by the President on licence.
(3) A licence may be in such form and may contain such conditions as the President may direct.
(4) A licence may at any time be revoked or varied by the President and where a licence has been revoked the person to whom the licence relates shall proceed to such place as the President may direct and if he fails to do so, may be arrested without warrant and taken to such place.
Warrant for levy of fine.
304. (1) When an offender is sentenced to pay a fine the 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 of the amount- (a) by the seizure and sale of any movable property belonging to the offender; or (b) by the attachment of any debt due to the offender; or
Cap. 202.
(c) subject to the provisions of the Land Use Act, by the attachment and sale of any immovable property of the offender situated within the jurisdiction of the court. (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 a court competent to execute decrees for the payment of money in civil suits and that court shall follow the procedure for the time being in force for the execution of the decrees.
Who may issue a warrant.
305. Except in the case of a sentence of death, a warrant for the execution of a sentence or other order of a criminal court shall be issued by the court which passed the sentence or order.
Powers of court when offender sentenced to fine only.
306. (1) When an offender has been sentenced to a fine only with or without a sentence of imprisonment in default of payment of the fine the court authorised by section 305 of this Code to issue a warrant may exercise all or any of the powers following, that is to say-
(a) allow time for payment of the fine;
(b) direct that the fine be paid by installments;
(c) postpone the issue of a warrant under section 304 of this Code;
(d) without postponing the issue of a warrant under section 304 of this Code, postpone the sale of any property seized under the warrant;
(e) postpone the execution of the sentence of imprisonment in default of payment of the fine.
(2) An order made in the exercise of the powers referred to in subsection (1) of this section may be made 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 for the appearance of the offender as required in the bond or both.
(3) In like manner the court or a person authorised as aforesaid may order that the execution of the sentence of imprisonment on an offender who has been committed to prison in default of payment of a fine be suspended and that he be released but only subject to the offender giving security as set forth in subsection (2) of this section.
(4) In the event of the fine or an installment 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 authorised in this Chapter and may cause the offender to be arrested and may commit or recommit him to prison under the sentence of imprisonment in default of payment of the fine.
Execution of sentence of Haddi lashing.
307. (1) When the accused is sentenced to a Haddi lashing, the sentence shall be executed at such time as the court may 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 by the President.
Cap. 532.
(2) Nothing herein contained shall be deemed to authorise the infliction of a Haddi lashing upon a person other than a Muslim and in accordance with the provisions of subsection (2) of section 68 of the Penal Code.
Execution of sentence of caning.
308. (1) When the accused is sentenced to caning, the sentence shall be executed at such place and time as the court may direct.
(2) The caning shall be inflicted in the presence of a local authority officer or person prescribed by the Minister.
(3) No sentence of caning shall be executed by installments.
(4) No sentence of caning shall be inflicted on-
(a) females;
(b) males sentenced to death; or
(c) males whom the court considers to be more than forty-five year of age.
(5) The sentence shall be inflicted with a light rattan cane.
Stay of execution of sentence of caning.
309. (1) If before the execution of sentence of caning it appears to the local authority officer or person referred to in subsection (2) of section 308 of this Code that the offender is not in a fit state of health to undergo the sentence, he shall stay the execution, and the court which passed the sentence 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.
(2) If, during the execution of a sentence of caning, it appears to the local authority officer or person present in accordance with the provisions of subsection (2) of section 308 of this Code 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.
(3) In either case the court shall be informed of the stay of execution.
Stay of execution of sentence of caning to allow time for appeal.
310. (1) When the accused is sentenced to caning, the court shall forthwith ask him whether he intends to appeal and if he expresses an intention to appeal the caning shall not be inflicted 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) When the accused is sentenced to caning only and states to the court his intention to appeal in accordance with the provisions of subsection (1) of this section, the court shall release him pending the expiry 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 and place as the court may direct for the execution of the sentence if the sentence is to be carried out.
(3) When the accused 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 the appearance.
Execution of sentence on escaped convict.
311. When sentence of imprisonment is passed on an escaped convict, the sentence shall take effect after he has suffered imprisonment for a further period equal to that which at the time of his escape remained unexpired of his former sentence.
Sentence on offender already sentenced for another offence.
312. Subject to the provisions of section 24 of this Code, when a person is sentenced to imprisonment the imprisonment shall not commence before the expiration of an imprisonment to which he has been previously sentenced, unless the court directs that the imprisonment shall run concurrently with any such previous imprisonment.
Return of warrant on execution of sentence.
313. When a sentence has been fully executed, the officer executing it shall return the warrant to the court in which the trial took place with an endorsement under his hand certifying the manner in which the sentence has been executed.
PART VIII
SPECIAL PROCEEDING
CHAPTER XXV.-PROCEEDINGS IN CASES OF CERTAIN OFFENCES AFFECTING THE
ADMINISTRATION OF JUSTICE
Procedure in cases mentioned in section 140.
314. (1) When a court is of opinion that an offence referred to in section 140 of this Code and committed before it or brought to its notice in the course of a judicial proceeding should be inquired into or tried, the court, after making a preliminary inquiry which it thinks fit, may send the case for inquiry or trial to the nearest court of competent jurisdiction and may send the accused in custody or take sufficient security for his appearance before the court of competent jurisdiction; and may bind over a person to appear and give evidence at the inquiry or trial.
(2) The court of competent jurisdiction shall thereupon proceed according to law and as if on complaint made and recorded under section 146 of this Code.
(3) Where it is brought to the notice of a court of competent jurisdiction, to which the case may have been transferred under this section, that an appeal is pending against the decision arrived at in the judicial proceedings out of which the matter has arisen, it may if it thinks fit adjourn the hearing of the case until the appeal is decided.
Procedure in certain cases of contempt. Cap. 532.
315. (1) When an offence is as described in sections 137, 141, 142, 143 or 155 of the Penal Code is committed in the view or presence of a criminal court, the court may instead of proceeding under section 314 of this Code 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 cognisance of the offence and sentence the offender to a fine not exceeding twenty naira and in default of payment to imprisonment for a term which may extend to one month, unless such fine be sooner paid.
(2) No criminal court shall impose a sentence under this section which it is not competent to impose under the provisions of Chapter III of this Code.
Record of certain cases of contempt.
316. (1) When a court takes cognisance under section 315 of this Code of an offence it shall record the fact constituting the offence with the statement, if any, made by the offender as well as the finding and sentence.
(2) If the offence is under section 155 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.
Discharge of offender on submission or apology.
317. When a court has under section 315 of this Code sentenced an offender to punishment for refusing or omitting to do a thing which he was lawfully required to do or for an 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.
Imprisonment or commitment to officer’s custody of person refusing to answer or produce document.
318. If a witness or a person called to produce a document or thing before a criminal court unlawfully refuses to answer such questions as are put to him or to produce a document or thing in his possession or power which the court requires him to produce and does not offer a reasonable excuse for the refusal, the court may for reasons to be recorded in writing sentence him to imprisonment or by warrant of that court commit him to the custody of an officer of the court for a term not exceeding seven days unless in the meantime he consents to be examined and to answer or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 314 or 315 of this Code.
Appeals from convictions in contempt cases.
319. (1) A person sentenced by a court under section 315 or 318 of this Code may, notwithstanding anything hereinbefore contained, appeal to the court to which judgments or orders made in the trial court are appealable.
(2) A person sentenced by a court under section 315 or 3 1 8 of this Code may, notwithstanding anything hereinbefore contained, ask for a review by the reviewing authority, if any, which ordinarily has a power of review over such courts.
CHAPTER XXVI.-PERSONS OF UNSOUND MIND
Procedure when accused is suspected to be of unsound mind.
320. (1) When a court holding a trial or an inquiry has reason to suspect that the accused is of unsound mind and consequently incapable of making his defence, the court shall in the first instance investigate the fact of the unsoundness of mind.
(2) An investigation under subsection (1) of this section may be held in the absence of the accused person if the court is satisfied that owing to the state of the accused’s mind it would be in the interests of the accused or of other persons or in the interests of public decency that he should be absent.
(3) If the court is not satisfied that the accused is capable of making his defence, the court shall adjourn the trial or inquiry and shall remand the person for a period not exceeding one month to be detained for observation in some suitable place.
(4) A person detained in accordance with subsection (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 a definite opinion shall so certify to the court and shall ask for a further remand and the further remand may extend to a period of two months.
(5) A court before which a person suspected to be of unsound mind is accused of an offence may, on the application of the Attorney-General made at any stage of the proceedings prior to the trial, order that the person be sent to some suitable place for observation.
Certificate of medical officer.
321. (1) If a medical officer reports under section 320 of this Code that the accused person is of sound mind and capable of making his defence, the court shall, unless satisfied that the accused person is of unsound mind, proceed with the inquiry or trial.
(2) If the medical officer reports under section 320 of this Code 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.
Release of person of unsound mind pending investigation or trial.
322. (1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the court, if the offence charged is not punishable with death, may, in its discretion, release him on sufficient security being given by his guardians that he shall be properly taken care of and shall be 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.
(2) If the offence charged is one punishable with death or if a court has refused to take security under subsection (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 President who after consideration of the report may, in his discretion, order the accused to be confined in a suitable place of safe custody.
(3) Pending the order of the President the accused may be committed to a suitable place of safe custody.
Resumption of inquiry or trial.
323. Whenever an inquiry or a trial is adjourned under section 320 or 321 of this Code, the court may at any time re-open the inquiry or commence the trial and require the accused to appear or be brought before such court.
Resumption of proceedings under section 320.
324. When the accused has been released under section 322 of this Code the court may at any time require the accused to appear or be brought before it and may again proceed under section 320 of this Code.
When accused appears to have been of unsound mind.
325. When the accused appears to be of sound mind at the time of a preliminary inquiry before a court and the court is satisfied from the evidence given before it that there is reason to believe that the accused committed an act which if he had been of sound mind would have been an offence and that he was at the time when the act was committed by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to law, the court shall proceed with the case and, if the accused ought otherwise to be committed to the High Court, send him for trial.
Judgment of acquittal on ground of mental disorder.
326. Whenever a person is acquitted on the ground that at the time at which he is alleged to have committed an offence he was by reason of unsoundness of mind incapable of 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.
Safe custody of person acquitted.
327. (1) Whenever the finding states that the accused person committed the act alleged the court before which the trial has been held shall, if the act would but for incapacity found have constituted an offence, order the person to be kept in safe custody in such place and manner as the court thinks fit and shall report the case for the order of the President.
(2) The President may order the person to be confined in a suitable place of safe custody during the President’s pleasure.
Observation of prisoners of unsound mind.
328. When a person is confined under section 322 or 327 of this Code, a responsible medical officer shall keep him under observation in order to ascertain his state of mind and the medical officer shall make a special report as to the state of mind of that person for the information of the President at such time or times as the President shall require.
Procedure where person of unsound mind reported fit for discharge.
329. If the responsible medical officer referred to in section 328 of this Code certifies that in his opinion a person confined under section 322 or 327 of this Code may be discharged without danger to himself or to any other person, the President 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 the person and on receipt of the report the President may order his discharge or detention as he thinks fit.
Transfer from one place of custody to another.
330. Where a person is confined in a place, the President may direct his transfer from one place to any other place as often as may be necessary.
Delivery of person of unsound mind to care of relatives.
331. (1) Whenever a relative or friend of a person confined under section 322 or 327 of this Code applies to the President that the person should be delivered over to his care and custody, the President may in his discretion order the person to be delivered to the relative or friend on 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; and
(b) if at any time it shall appear that the person delivered is capable of making his defence the relative or friend shall produce the person for trial; and
(c) the person delivered shall be produced for the inspection of such officer and at such times as the President directs.
CHAPTER XXVII.-PROCEEDINGS RELATING TO CORPORATIONS
Definitions for Chapter XXVII.
332. (1) In this Chapter-
“corporation” means a body 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 an act or a 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 a court for any other purpose.
(2) A representative 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 a 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.
Plea by corporation.
333. Where a corporation is called on to plead to a charge, it may enter in writing by its representative a plea of guilty or not guilty or a plea which may be entered under the provisions of section 224 of this Code, and if either the corporation does not appear by a representative or, though it does so appear, fails to enter as aforesaid a 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.
Committal of corporation for trial.
334. A magistrate may commit a corporation for trial to the High Court.
Powers of representative.
335. A representative may on behalf of a corporation-
(a) make a statement before a magistrate 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 208 of this Code.
Matters to be read or said or explained to representative.
336. Where a representative appears, a requirement of this Code that a thing shall be done in the presence of the accused, or shall be read or said or explained to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or said or explained to the representative.
Non-appearance of representative.
337. Where a representative does not appear a requirement as is referred to in section 363 of this Code shall not apply.
Saving.
338. Subject to the provisions of this Chapter, the provisions of this Code relating to the inquiry into and trial of offences shall apply to a corporation as they apply to a natural person su luris and of full age.
PART IX
SUPPLEMENTARY PROVISIONS
CHAPTER XXVIII.-THE COMPOUNDING OF OFFENCES
Compounding offences. Appendix C.
339. (1) The offences punishable under the sections of the Penal Code described in the first two columns of Appendix C of this Code may subject to the subsequent provisions of this section, be compounded by the persons mentioned in the third column of that Appendix.
(2) When an offence is compoundable under this section, the abetment of the offence or an attempt to commit the offence, when the 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, a person competent to contract on his behalf may compound the offence.
Appendix C.
(4) The offences mentioned in Part I of Appendix C of this Code may be compounded without the leave of the court at any time before the accused person has been convicted by the court or committed for trial to the High Court.
Appendix C.
(5) The offences mentioned in Part 11 of Appendix C of this Code may be compounded before the accused person has been convicted by a court or committed for trial only with the consent of the court which has jurisdiction to try the accused person for the offence or to commit him for trial.
(6) After a committal for trial, an offence shall not be compounded except-
(a) with the leave of the committing magistrate 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 accused.
(9) No offence shall be compounded except as provided by this section.
CHAPTER XXIX.-BAIL
When bail to be granted.
340. (1) When a person accused of an offence punishable with imprisonment, whether with or without fine for a term not exceeding three 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, the 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 accused escaping from justice be occasioned.
(2) When a person is convicted in a grade I, II, or III area court and appeals from the conviction to an upper area court, the upper area court may in any case direct that the person be admitted to bail.
(3) The officer or court referred to in subsection (1) or (2) of this section if he or it thinks fit, may instead of accepting security from the person discharge him on his executing a bond without sureties for his appearance as provided in sections 345 and 346 of this Code.
When bail may be taken in respect of non-bailable offence.
341. (1) Persons accused of an offence punishable with death shall not be released on bail.
(2) Persons accused of an offence punishable with imprisonment for a term exceeding three years shall not ordinarily be released on bail, but the court may on 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; and
(b) that no serious risk of the accused escaping from justice would be occasioned; and (c) that no grounds exist for believing that the accused, if released, would commit an offence.
(3) Notwithstanding anything contained in subsections (1) and (2) of this section, if it appears to the court that there are not reasonable grounds for believing that a person accused has committed the offence, but that there are sufficient grounds for further inquiry, the person may, pending the inquiry, be released on bail.
Power of High Court to direct release on bail.
342. (1) Where a person is accused of an offence, a single judge of the High Court may, subject to the provisions of section 341 of this Code, direct that the person be admitted to bail.
(2) When a person is convicted of an offence in a court and appeals from that court to the High Court, the High Court or a single judge thereof may, subject to the provisions of section 341 of this Code, direct that the person be admitted to bail.
Power to arrest person released on bail.
343. A court may, at any subsequent stage of a proceeding under this Code, cause a person who has been released under section 340, 341 or 342 of this Code to be arrested and may commit him to custody.
Power of High Court to order reduction of bail.
344. A judge of the High Court may in a case direct that the bail required by an officer in charge of a police station or a court be reduced.
Bond of accused and sureties.
345. Before a person is released under section 340, 341 or 342 of this Code, he shall execute a bond for such sum of money as the officer in charge of the police station or the court thinks sufficient on condition that the 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.
Discharge from custody.
346. (1) As soon as a bond referred to in section 345 of this Code, has been executed, the person for whose appearance it has been executed shall be released; and, if he is in prison, the court admitting him to bail shall issue a written order of release to the official in charge of the prison and the official on receipt of the order shall release him.
(2) Nothing in this section, section 340 or 341 of this Code shall be deemed to require the release of a person liable to be detained for some matter other than that in respect of which the bond was executed.
Deposit instead of bond.
347. When a person is required by a court or officer in charge of a police station to execute a bond with or without sureties, the court or officer may except in the case of bonds to be executed under Chapter VII of this Code, permit him to deposit a sum of money to such amount as the court or officer may think fit in lieu of executing the bond.
Bond required from a person under eighteen years.
348. When the person required to execute a bond is under eighteen years of age, a bond executed by a surety or sureties only may be accepted.
Amount of bond not to be excessive.
349. (1) The amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive.
(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.
Reconsideration of bail.
350. Where a person has been admitted to bail and circumstances arise which in the opinion of the Attorney-General would justify the court in canceling 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 prison to wait trial, or admit him to bail for the same or an increased amount.
Discharge of sureties.
351. (1) All or any of the sureties to a bond may at any time apply to the court which caused the bond to be taken to discharge the bond either wholly or so far as relates to the applicants.
(2) On an application under 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 on his appearance shall discharge the bond either wholly or so far as relates to the applicants and shall require the 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.
Discharge of surety’s estate.
352. When a surety to a bond dies before his bond is forfeited, his estate shall be discharged from all liability under the bond, but the person on whose behalf the 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 the person and on 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.
When person fails to find surety.
353. If a person required by a court to find sufficient sureties under section 349, 351 or
352 of this Code fails to do so, the court, unless it is just and proper in the circumstances to make some other order, shall make-
(a) in the case of a person ordered to give security for good behaviour under section 87 or section 88 of this Code, an order committing him to prison for the remainder of the period for which he was originally ordered to give security or until he finds sufficient sureties; or
(b) in the case of a person accused of an offence and released on bail under section 340 of this Code, an order committing him to prison until he is brought to trial or discharged.
Procedure on forfeiture of bond.
354. (1) Whenever it is proved to the satisfaction of the court by 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 the proof and may call on the 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 recover the penalty from the person bound or from his estate if he is dead in the manner laid down in section 304 of this Code for the recovery of fines.
(3) A surety’s estate 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 304 of this Code to imprisonment for a term which may extend to six months.
(5) The court may at its discretion remit a portion of the penalty and enforce payment in part only.
Arrest on breach of bond for appearance.
355. When a person who is bound by a bond to appear before a court does not so appear, the court may issue a warrant for his arrest.
CHAPTERXXX.-THE DISPOSAL OF PROPERTY
Order for custody and disposal of property pending trial.
356. When a property regarding which an offence appears to have been committed or which appears to have been used for the commission of an offence is produced before a criminal court during an inquiry or a 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.
Order for disposal of property after trial.
357. (1) When an inquiry or a trial in a criminal case is concluded the court may make such order as it thinks fit for the disposal by destruction, confiscation or delivery to a 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 an offence appears to have been committed or which has been used for the commission of an offence.
(2) When an order is made under this section in a case in which an appeal lies, the order shall not, except when the property is livestock or is subject to speedy and natural decay, be carried out until the period allowed for presenting the appeal has passed or, when the appeal is presented within that period, until the appeal has been disposed of.
(3) Notwithstanding the provisions of subsection (2) of this section, the court may in a case make an order under the provisions of subsection (1) of this section for the delivery of any property to a 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 the property to the court, if the order made under this section is modified or set aside by the appellate court.
Payment to the innocent purchaser of money found on accused.
358. When a person is convicted of an offence which includes or amounts to theft or receiving stolen property and it is proved that any other person has bought the stolen property from him without knowing or having reason to believe that it 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 the money a sum not exceeding the price paid by the purchaser be delivered to him.
Destruction of defamatory and other matter.
359. (1) On a conviction under section 202, 394 or 395 of the Penal Code, the court may order the confiscation or destruction of all the copies of the thing in respect of which the conviction was obtained and which are in the custody of the court or remain in the possession or power of the person convicted.
Cap. 532.
(2) The court may, in like manner, on a conviction under section 184, 185, 186, 187, 188, 189 or 190 of the Penal Code order the food, drink, drug or medical preparation in respect of which the conviction was obtained to be destroyed.
Power to restore possession of immovable property.
360. (1) Whenever a person is convicted of an offence attended by criminal force or show of force or criminal intimidation and it appears to the court that thereby a person 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 property.
(2) No order under subsection (1) of this section shall prejudice a right or an interest to or in the immovable property which a person may be able to establish in a civil suit.
Procedure upon seizure of property taken under section 44 or stolen.
361. (1) The seizure by the police of property taken under section 44 of this Code or alleged or suspected to have been stolen or found in circumstances which create a suspicion of the commission of an offence shall be forthwith reported to a court which shall make such order as it thinks fit respecting the disposal of the property or its delivery to the person entitled to the possession thereof on such conditions as the court thinks fit, or, if the person cannot be ascertained, respecting the custody and production of the property.
(2) If the person entitled to the possession of property referred to in sub- section (1) of this section is unknown, the court may detain it and shall in that case issue a public notice in such form as it thinks fit specifying the articles of which the property consists and requiring a 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.
Procedure where owner of property seized unknown.
362. (1) If no person within the period referred to in section 361 of this Code establishes his claim to property referred to in that section and if the person in whose possession the property was found is unable to show that it was lawfully acquired by him, the 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 a person proving his title thereto on payment by him of any expenses incurred by the court in the matter.
Power to sell perishable property.
363. If the person entitled to the possession of property referred to in section 361 of this Code is unknown or absent and 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 sections 361 and 362 of this Code shall as nearly as may be practicable apply to the net proceeds of the sale.
CHAPTER XXXI.-MISCELLANEOUS
Expenses of complainants and witnesses.
364. Subject to any rules made by the Chief Judge under section 373 of this Code a criminal court may if it thinks fit remit the fees for the issue and service of a witness summons and order payment on the part of the Federal Government of the reasonable expenses of a complainant or witness attending for the purpose of a trial, an inquiry or other proceeding before the court under this Code or before the High Court where the witness is to be summoned under section 177 of this Code.
Power of court to order payment of expenses or compensation in addition to a fine.
365. (1) Whenever under a law in force for the time being a criminal court imposes a
fine, the court may, when passing judgment, order that in addition to a fine a convicted person shall pay a sum-
(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 a 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 a person injured by the accused in connection with the offence.
(2) If the fine referred to in subsection (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.
Payments to be taken into consideration in subsequent suit.
366. At the time of awarding compensation in a subsequent civil suit relating to the same matter, the court shall take into consideration any sum paid or recovered as compensation under section 365 of this Code.
Moneys ordered to be paid recoverable as fines.
367. A compensation adjudged to be payable under section 78 of the Penal Code and the payment of any money, other than a fine, payable by virtue of any order under this Code, may be enforced as if it were a fine.
Copies of proceedings.
368. (1) If a Person affected by a judgment or order passed by a criminal court desires to have a copy Of an order or deposition or other part of the record other than the judgment, he shall On applying for tile copy be furnished with the copy.
(2) An application under subsection (1) of this Section shall be made within a period of two years from the date of judgment or order affecting the applicant.
(3) The applicant shall pay such fee, if any, for the copy as may be prescribed, unless the court in appellate court in a case on account of the poverty of the appellant or for some special reason directs that the copy be furnished without fee.
Power of police to seize property suspected to be stolen.
369. A police officer may seize a property which may be alleged or suspected to have been stolen or which may be found in circumstances which create suspicion of the commission of an offence and the police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.
Powers of superior police officers.
370. A superior police officer may exercise the same 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 limits of his station.
Compensation to persons groundlessly given in charge. Cap. 532.
371. (1) When a person causes the arrest of another person and it appears to the court by which the case is inquired into or tried that there was no sufficient ground for causing the 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, such compensation not exceeding fifty naira to each person 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 74 and 75 of the Penal Code shall apply as if such compensation were a fine.
(2) Before making a direction under subsection (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) A person directed to make a payment of compensation under this action may appeal from the direction as if he had been convicted after trial by the court.
Saving as to other forms and procedure.
372. Nothing in this Code shall affect the use or validity of a special form in respect of a procedure or an offence specified under the provisions of any other written law nor the validity of any other procedure provided by any other written law.
Power to make rules.
373. (1) The Chief Judge with the approval of the President may make rules of court for all or any of the following purposes-
(a) prescribing fees or expenses to be charged for or in respect of an act or a thing done under this Code;
(b) prescribing the books and forms of account to be used in magistrates’ courts and keeping of the books and forms of accounts;
(c) requiring the making and forwarding of returns of cases decided in magistrates’ courts to the Chief Judge or to a judge of the High Court and prescribing the forms of and terms of forwarding those returns;
(d) prescribing the imposition of penalties on a person who fails to take an action required by a rule of court or who disobeys a rule of court;
(e) prescribing forms for process, warrants, summonses, orders of court, bonds, notices, certificates and receipts;
(f) prescribing the conditions under which statements may be made to the police by accused and other persons and under which the statements may be admitted in evidence;
(g) generally for the better carrying into effect of the provisions and objects and intentions of this Code.
(2) Rules of court made under this section shall apply to all proceedings by the State.
Case in which member of court is personally interested.
374. (1) No person shall try or commit for trial or sit as a member of the court which tries a case to or in which he is a party or personally interested without the consent of the Chief Judge.
(2) A person shall not be deemed to be a party to or personally interested in a 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 an inquiry in connection with the case.
Proceeding by or against officer of court.
375. Subject to the provisions of section 374 of this Code, a criminal proceeding by or against an officer of a court for an offence or matter cognizable by a court may be brought in a court having jurisdiction in respect of a particular proceeding.
Public officer concerned in sales not to purchase or bid for property.
376. A public officer having a duty to perform in connection with the sale of a property under this Code shall not purchase or bid for the property.
Protection of judicial officers.
377. (1) No judge of the High Court, magistrate or justice of the peace or president or member of an area court shall be liable for an act done or ordered to be done by him in the course of a 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 of.
(2) No person required or bound to execute a warrant or an order issued by a court or by a justice of the peace shall be liable in an action for damages in respect of the execution of the warrant or order unless it be proved that he executed either in an unlawful manner.
Directions by area court to officer of Nigeria Police.
378. Notwithstanding the provisions of sections 120, 130, 144 and 148 of this Code, nothing in this Code shall be deemed to empower an area court to give a direction to a police officer of the Nigeria Police Force except for the purpose of arranging for the time and place of the trial in a case brought before the court by a police officer of the Nigeria Police Force.
CHAPTER XXXII.-IRREGULAR PROCEEDINGS
Irregularities which do not vitiate proceedings.
379. If a court or justice of the peace not empowered by law to do any of the following things, namely-
(a) to issue a search warrant under section 74 of this Code;
(b) to direct, under section 120 of this Code, the police to investigate an offence;
(c) to take cognisance of an offence under section 143 of this Code, erroneously in good faith does that thing, the proceedings shall not be set aside merely on the ground that the court or justice of the peace was not so empowered.
Irregularities which vitiate proceedings.
380. If a court or justice of the peace not being empowered by law in this behalf does any of the following things, namely-
(a) attaches and sells property under section 68 of this Code;
(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 104 of this Code as to a public nuisance;
(g) prohibits, under section 111 of this Code, the repetition or continuance of a public nuisance;
(h) tries an offender; (i) decides an appeal, the proceeding shall be void.
Effect of omission to prepare charge.
381. (1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless, in the opinion of an appeal court or a reviewing authority a failure of justice has in fact been occasioned thereby.
(2) If an appeal court or a 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.
Finding or sentence when reversible by reason of error or omission in charge or other proceedings.
382. Subject to the provisions hereinbefore contained, no findings, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or review on account of an error, omission or irregularity in the complaint, summons, warrant charge, public summons, order, judgment or other proceeding before or during trial or in an inquiry or other proceedings under this Code unless the appeal court or reviewing authority thinks that a failure of justice has in fact been occasioned by the error, omission or irregularity.
EXPLANATION. In determining whether an error omission or irregularity in a proceeding under this Code 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 proceeding.
Process valid notwithstanding death or vacation of office of person issuing.
383. A summons, warrant or other process under a written law shall not be invalidated by reason of the person who signed the summons, warrant or other process dying or ceasing to hold office or have jurisdiction.
Errors and omissions in orders and warrants.
384. A court may at any time amend a defect in substance or in form in an order or a warrant issued by the court, and no omission or error as to time and place, and no defect in form in an order or a warrant given under this Code shall be held to render void or unlawful an act done or intended to be done by ,virtue of the order or warrant, when it is therein mentioned, or may be inferred therefrom, that it is founded on a conviction or judgment, and there is a valid conviction or judgment to sustain the same.
CHAPTER XXXIII.-TRIALS IN AREA COURTS
Definitions for Chapter XXXIII.
385. In this Chapter-
“Minister” means the Minister responsible for the Federal Capital Territory, Abuja.
Area courts to be guided by Code.
386. (1) In a matter of a criminal nature, an area court shall be guided in regard to practice and procedure by the provisions of this Code other than those provisions which relate only to any other court other than an area court.
(2) Notwithstanding the provisions of subsection (1) of this section, all area courts shall be bound by the provisions of sections 388, 389, 390, 391, 392, 393, 394 and 395 of this Code.
(3) The fact that an area court has not been guided or properly guided by the provisions of this Code shall not entitle a person to be acquitted or an order of the court to be set aside.
Cap. 477.
(4) Where an area court has not been guided or properly guided by the provisions of this Code an appellate court or review authority shall apply to the case the principles contained in sections 288 and 382 of this Code and the provisions of the Area Courts Act.
Formal charge not necessary in area courts.
387. Notwithstanding the provisions of this Code, it shall be sufficient in a trial before an area court to have, instead of a formal charge, a statement of the offence complained of with the date and place, and when material, the value of the property in respect of which the offence has been committed.
Procedure on convictions in area courts when no formal charge made. Cap. 532.
388. Where an area court charges an accused person in the manner provided in section 387 of this Code then in the case of a conviction the offence proved shall be stated with a reference to the appropriate section of the Penal Code or other Act under which in the opinion of the court an offence has been committed and a brief statement of the reasons for conviction shall be given.
Right of accused to state case and adduce evidence.
389. On charging an accused person, an area court shall call on him to state his defence and to inform the court of the names and whereabouts of witnesses whom he intends to call in his defence and the court shall procure the attendance of the witnesses and hear their evidence in like manner in all respects as a magistrate acting under section 163 of this Code.
Counsel not admitted to area court.
390. No legal practitioner shall be permitted to appear to act for or to assist a party before an area court.
Examination of witnesses.
391. (1) In taking evidence in a criminal matter, an area court may test the credibility of a witness by examination.
(2) Notwithstanding the provisions of this Code or of any other written law, an area court may in its discretion invite a witness to take an oath as to the truth of his evidence or a part thereof either before he gives the evidence or at any subsequent stage of the proceeding and if the witness refuses to take the oath the court may draw such inference from such refusal as it thinks just.
(3) After hearing the evidence of any witness, an area court shall ask an accused person if there is any question which he wishes the court to put to the witness on his behalf and thereupon the court shall put to the witness any question which the accused person wishes the court to put on his behalf but shall not be bound to put to a witness a question which does not bear directly on facts which are material to the proper appreciation of the facts of the case.
Making of finding.
392. An area court shall make its finding in a criminal matter on the evidence which is before it and in making the finding nothing shall be taken into consideration which is not supported by the evidence.
Court to record wishes of deceased’s relatives in capital cases.
393. An area court having jurisdiction over capital offences shall, before passing a sentence of death, invite the blood relatives of the deceased person, if they can be found and brought to court, to express their wishes as to whether a death sentence should be carried out and shall record those wishes in the record of the proceedings.
Procedure in capital cases.
394. (1) An area court having jurisdiction over capital offences shall, as soon as possible after passing a sentence of death, send to the President a report on the case together with all documents, minutes and notes of evidence taken in the case, and the sentence shall not be carried out unless and until it is confirmed by the President under this section.
(2) The area court which passed the sentence shall immediately notify the registrar of the High Court of the conviction and of the date on which the case was concluded in the area court.
(3) Where the person convicted in the area court either-
(a) fails to exercise his right of appeal to the High Court and the conviction in the area court stands; or
(b) where he has appealed to the High Court and the appeal has been dismissed and he fails to exercise his right of appeal to the Court of Appeal; or
(c) where he has appealed from the High Court to the Court of Appeal and the appeal has been dismissed,
Cap. 62.
the President after considering the materials submitted to him by the area court under subsection (1) of this section and after consultation with the Council of State shall decide
whether he should exercise the powers conferred on him by section 161 of the Constitution of the Federal Republic of Nigeria 1999.
(4) If the President in pursuance of his powers under subsection (3) of this section decides not to exercise a power referred to in that subsection in respect of a convicted person, the sentence of death shall then be carried into effect in accordance with the provisions of this section.
(5) The President shall by order direct that the Minister shall fix-
(a) the place and time at which a sentence of death is to be carried into effect; and (b) the place where the body of the person executed is to be buried.
(6) On receiving a copy of the President’s order the Minister shall-
(a) cause the effect thereof to be entered on the record of the area court; and
(b) endorse on the reverse of the President’s order a direction as to the place and time where and when the execution is to be held and the place where the body of the person executed is to be buried.
(7) When the President decides to exercise a power referred to in sub- section (3) of this section, he shall issue an order, which shall be counter- signed by the Minister, directing that the execution be not proceeded with, and, as the case may be, that the person convicted be released, or that he be imprisoned for such term as may be specified in the order or that he may be otherwise dealt with as may be specified in the order subject to any condition as may be specified therein.
(8) The Minister shall thereupon send a copy of the order to the superintendent or other officer in charge of the prison in which the person convicted is confined.
(9) The Superintendent or other officer in charge of the prison in which the person convicted is confined shall comply with and give effect to every order issued under the provisions of this section.
(10) If a woman sentenced to death is subsequently alleged to be pregnant, the Minister shall report the allegation to the President who shall thereupon order the sentence of death to be postponed until a medical officer to be appointed in writing by the Minister has determined whether or not the woman is pregnant, and made a report in writing of his finding to the Minister.
(11) The President may make rules prescribing the form of an order or direction mentioned in this section.
(12) If no forms shall be prescribed by rules made under this Code, the appropriate forms used in the High Court or forms to the like effect may be used in proceedings under this section with such variations as circumstances may require.
Records in area court.
395. (1) In the trial of a criminal matter, an area court shall make a record of the proceedings in the prescribed form and shall record the following particulars-
(a) the serial number of the case;
(b) the name, tribe or nationality, residence, occupation and age of the accused;
(c) the name, tribe or nationality, residence and occupation of the complainant, if any; (d) the offence complained of and the offence, if any, proved, and, where relevant, the value of the property in respect of which the offence has been committed;
(e) the date and place of commission of the offence and the date of arrest;
(f) the date of the complaint or First Information Report;
(g) the names of the witnesses for the prosecution and defence and a record of their evidence in narrative form;
(h) the plea of the accused and his examination;
Cap. 532.
(i) the finding and, in the case of a conviction, reasons therefor with a reference to the
Penal Code or other Act;
(j) the sentence or other final order;
(k) the date on which the proceedings terminated.
(2) The judge or president of the area court shall sign or seal the record of the proceedings.
Duties of justice of the peace.
396. A president or judge of an area court appointed a justice of the peace under the provisions of this Code shall be bound to observe the provisions of this Code in the exercise of his powers as a justice of the peace.
| 107 | Rioting armed with a deadly weapon | May arrest without warrant | Warrant | Imprisonment for five years or fine or both | Magistrate of the FirstGrade | B |
| 109 | Promoting or assisting the promotion of an unlawful assembly | ditto | Summons,or as for any offence committedby any member of the assembly | The same as for a member of such assembly and for any offence committed byany member of such assembly | The court by which the offence is triable | The court by which the offence is triable |
| 110 | Joining or continuing in any assembly of five or more persons knowing that it has beencommanded todisperse | ditto | Summons | Imprisonment for one year or fine or both | Magistrate of the ThirdGrade | D |
| III | Wearing and | ditto | ditto | Imprisonment | ditto | ditto |
| carrying of emblem, flag, etc. | for sixmonths or fine or both and forfeiture of emblem, flag, etc. | |||||
| 112 | Assaulting or obstructingpublic officer when suppressing riot. etc. | ditto | Warrant | Imprisonment for five years or fine or both | Magistrate of the ThirdGrade | c |
| 113 | Disturbance of public peace | ditto | Summons | Imprisonment for one year or fine of or both | Magistrate of the ThirdGrade | D |
| 114 | Inciting disturbance | ditto | ditto | Imprisonment for two years or fine or both | ditto | ditto |
CHAPTER X.-OFFENCES BY OR RELATING TO PUBLIC OFFICERS
| 115 | Being or expecting to be a public off’icer and taking a gratification other than lawful remuneration inrespect of an official act | Shall not arrest without warrant | Warrant | Imprisonment for seven years or fine or both | Magistrate of the FirstGrade | C-excluding, save in the case of an Upper AreaCourt or an Area Court, jurisdiction in respect ofGovernmentofficials |
| If such public officer acting in judicial capacity or carrying out duties of police officer | Shall not arrest without warrant | Warrant | Imprisonment for fourteen years or fine or both | High Court | A–excluding jurisdiction in respect ofGovernmentofficials | |
| 116 | Taking a gratification in order to influence a public officer | ditto | ditto | Imprisonment for three years or fine or both | Magistrate of the FirstGrade | C–excluding, save in the case of an Upper AreaCourt or an |
| Area Court, jurisdiction in respect ofGovernmentofficials | ||||||
| 117 | Abetment bypublic officer of an offence under section 116 with reference to himself | ditto | ditto | ditto | ditto | ditto |
| 118 | Offering or giving gratification to public officer in respect of official act or in order to influence him | ditto | ditto | ditto | ditto | ditto |
| 119 | Public officer obtaining any valuable thing without consideration from a person concerned in any proceeding or business transacted by such police officer | ditto | ditto | Imprisonment for five years or fine or both | ditto | ditto |
| 120 | Offering or giving valuable thing to public officer without consideration | ditto | ditto | Imprisonment for two years or fine or both | ditto | ditto |
| 121 | Third person profiting by gratification or benefit obtained by public officer | ditto | ditto | Imprisonment for one year or fine or both | ditto | ditto |
| 122 | Public officer dishonestly receiving money or property not due | Ditto | ditto | Imprisonment for five years or fine or both | ditto | ditto |
| 123 | Public officer disobeying a direction of law with intent to cause injury or | ditto | Summons | Imprisonment for two years or fine or both | Magistrate of the ThirdGrade | D–excluding, save in the case of an Up per Area |
| to save person from punishment or property from forfeiture | Court or an Area Court, jurisdiction in respect ofGovernmentofficials | |||||
| 124 | Public officer framing an incorrect record or writing or mistranslating document with intent to cause injury | Shall not arrest without warrant | Warrant | Imprisonment for three years or fine or both | Magistrate of the FirstGrade | C—excluding, save in the case of an Upper AreaCourt or an Area Court, jurisdiction in respect ofGovernmentofficials |
| 125 | Public officer in judicial proceeding making or pronouncing a report, order, judgment or decision which he knows to be contrary to law | ditto | ditto | Imprisonment for seven years or fine or both | ChiefMagistrate | A limitedexcluding save in the case of an Upper AreaCourt or an Area Court, jurisdiction in respect ofGovernmentofficials |
| 126 | Commitment fortrial orconfinement by a person having authority who knows that he is acting contrary to law | ditto | ditto | ditto | ditto | ditto |
| 127 | Intentional omission to arrest or intentional sufferance or aiding of escape on part of public officer whose duty is to arrest or to keep a person in confinement or custody (a) if offender is under sentence |
| of death (b) if offender is under sentence of imprisonment for ten years or upwards or is charged with an offence punishable with death | ditto ditto | ditto ditto | Imprisonment for fourteen years with or without fine Imprisonment for seven years with or without fine | HighCourt ChiefMagistrate | ditto ditto | |||
| (c) if offender is under sentence of imprisonment for less than ten years or is charged with offence punishable with imprisonment for term which may extend to ten years (d) in any other case | ditto ditto | ditto ditto | Imprisonment for three years or fine or both Imprisonment for two years or fine or both | Magistrate of the FirstGrade Magistrate of the ThirdGrade | C–ditto D-ditto | |||
| 128 | Negligent omission to arrest or negligent sufferance of escape on part of public officer whose duty it is to arrest or to keep in conf’inement or custody jurisdiction in respect of Governmentofficials | Shall not arrest without warrant | Summons | Imprisonment for two years or fine or both | Magistrate of the ThirdGrade | D-excluding, save in the case of an Upper Area Court or anArea Court, | ||
| 129 | Public officer wilfully omitting to perform duty, | ditto | ditto | Imprisonment for two years or fine or both | ditto | ditto | ||
| if such omission causes danger, etc. | ||||||||
| 130 | Public officer wrongfully abandoning duty | ditto | ditto | ditto | ditto | ditto | ||
| 131 | Public officer unlawfully buying or bidding for property | ditto | ditto | ditto | ditto | ditto | ||
| 132 | Personating a public officer | Mayarrest without a warrant | Warrant | Imprisonment for three years or fine or both | ditto | ditto | ||
| 133 | Wearing dress or carrying token used by public officer with intent that it may be believed that the offender issuch public officer | ditto | Summons | Imprisonmentfor sixmonths or fine of N40 or both | ditto | ditto | ||
CHAPTER XI.-CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC OFFICERS
| 134 | Absconding to avoid service of summons or other proceedingfrom a publicofficer | Shall not arrest without warrant | Summons | Imprisonment for one month or fine of N20 or both | Magistrate of the ThirdGrade | D |
| If summons or notice requires attendance, in person, etc., in a court of justice | ditto | ditto | Imprisonment for six months or fine of N40 or both | ditto | ditto | |
| 135 | Preventing the service or the affixing or | ditto | ditto | Imprisonme nt for one month or fine of N20 | ditto | ditto |
| anysummons or notice or the removal of it when it has been affixed or preventing apublicsummons If summons requires attendance a person, etc., in a court of justice | Shall not arrest without warrant | Summons | or both Imprisonme nt for one month or fine of N40 or both | Magistrate of the ThirdGrade | D | |
| 136 | Not obeying a legal order to attend at a certain place in person or by agent or departing therefrom without authority If thesummons,etc., requires personal attendance, or attendance by agent in a court of justice | ditto ditto | ditto ditto | Imprisonme nt for one month or fine of N20 or both Imprisonment for six months or fine of N40 or both | ditto ditto | ditto ditto |
| 137 | Intentionally omitting to produce a document to a public officer by a personlegally bound to produce or deliver such document | ditto | ditto | Imprisonme nt for one month or fine of N20 or both | The court in which theoffence is committed, subject to the provisions of chapter XXV, or a Magistrate of the ThirdGrade | As in column 6 or D |
| If the | ditto | ditto | Imprisonme | ditto | ditto |
| document is required tobe produced in or delivered to a court of justice | nt for six months or fine of N40 or both | |||||||||
| 138 | Intentionally omitting to give notice or information to a public officer by a personlegally bound to give such notice or information If the notice or information required respects the commission an offence. etc. | ditto ditto | ditto ditto | Imprisonm nt for one month or fine of N20 or both Imprisonmnt for six months or fine of N40 or both | e e | Magistrate of the ThirdGrade ditto | D ditto | |||
| 139 | Knowingly furnishing faIse information to a public officer | ditto | ditto | ditto | ditto | ditto | ||||
| If the informatio n required respects the commissio n of an offence, etc. | ditto | ditto | Imprisonme nt for two years or fine or | ditto | ditto | |||||
| 140 | Giving false informatio n to a public officer in order to cause him to do or omit to do something or to use his lawful | Shall not arrest without warrant | Summons | Imprisonme nt for one year or fine of N40 or both | Magistrate of the ThirdGrade | D | ||||
| power to the injury orannoyanc e of any person | ||||||
| 141 | Refusing oath when duly required to take oath by public officer | ditto | ditto | Imprisonment for six months or fine of N40 or both | The court in which theoffence is committed, subject to the provisions of chapter XXV, or a Magistrate of the ThirdGrade | As in column 6 or D |
| 142 | Refusing to answer questionswhenlegally bound to answer | ditto | ditto | ditto | ditto | ditto |
| 143 | Refusing to sign a statement made to a public officerwhenlegally required | ditto | ditto | Imprisonme nt for three months or fine of N20 or both | ditto | ditto |
| 144 | Resistance to the taking of property by the lawful authority of a public officer | ditto | ditto | Imprisonment for six months or fine of N40 or both | Magistrate of the ThirdGrade | |
| 145 | Obstructin g sale of property offered for sale by authority of a public officer | ditto | ditto | Imprisonme nt for one month or fine of N20 or both | ditto | ditto |
| 146 | Removing property under lawful seizure | ditto | ditto | Imprisonme nt for three years or fine or both | ditto | ditto |
| 14 | Illegal | ditto | ditto | Imprisonme | ditto | ditto |
| 7 | purchase or bid for property offered for sale by authority of public officer | nt for one month or fine of N20 or both | ||||||||||
| 1 Sectio n | 2 Offence | 3 Wheth er the policemayarrest withoutwarra nt or not (see sectio n 26) | 4 Whether awarrantor a summons shall ordinaril y issue in thefirstinstance (see section 154) | 5 Punishment und the Penal Code | er | 6 Court with leas powers by which triable (but see Explanat ry Note head of Appendix) | t o | 7 Area Court with least powers bywhichtriable | ||||
| 148 | Obstructing public officer in discharge of his public functions | Ditto | Ditto | Imprisonment f three months or fine of N40 or b | oroth | ditto | Ditto | |||||
| 149 | Obstructing public officer in discharge of duty underImperial Law or written | Shall notarrest withoutwarrant | Summons | Imprisonment f two years or fin both | ore or | Magistrat e of the ThirdGrade | D | |||||
| 150 | Omission to assist public officer when legally bound to give such assistance | Ditto | ditto | Imprisonment f six months or fi of N40 or both | orne | ditto | ditto | |||||
| 151 | Contraventi on ofresidence order | Mayarrestwithou twarrant | ditto | Imprisonment f six months or fi of N100 or both | or ne | Magistrat e of the FirstGrade | A limited | |||||
| 152 | Disobedienc e to anorder law- fully | Shall notarrest withou | ditto | Imprisonment f three months or fine of N40 or b | oroth | Magistrat e of the ThirdGrade | D | |||||
| promulgate d by a public officer- (a) if such disobedienc e causes obstruction, annoyanceor in jury to personslawfully employed | twarrant | |||||
| (b) if such disobedienc e causes danger to human life, etc. | ditto | ditto | Imprisonment for six months or fine of N100 or both | ditto | ditto | |
| 153 | Threatening a public officer with injury to him or onein whom heisinterested to induce him to do or forbearto do anyofficial act | ditto | ditto | Imprisonment for two years or fine or both | ditto | Ditto |
| 154 | Threatening any person to induce him to refrain from applying for protection to public officer | ditto | ditto | Imprisonment for one year or fine or both | ditto | ditto |
| 155 | Intentional insult or interruption to a public officer sitting in any stage of a judicial proceeding | ditto | ditto | Imprisonment for six months or fine of N40 or both | The court in which theoffence is committed, subject to the provisions of chapter XXV, or a | As in column 6 or D |
| Magistrat e of the ThirdGrade | |||||||
| CHAPTER XII.-FALSE EVIDENCE AND OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE. Offences relating to Evidence | |||||||
| 158 | Giving or fabricating false evidence ina judicial proceeding | Shall notarrest withoutwarrant | Warrant | Imprisonment for fourteenyears andfine | Chief Magistrate | A limited, unless the court considers be that the offence can adequately punished by not More than three monthimprisonm ent or by a not exceeding themaximum fine which the Court has power to impose | |
| Giving or fabricating false evidence in any other case | ditto | Ditto | Imprisonment for sevenyears andfine | Magistrate of the First Grade | C | ||
| 159 | Giving or fabricating false evidence with intent to cause any person to he convicted of an offence punishable with death | ditto | ditto | Imprisonme nt for life and fine | High Court | A | |
| If innocent person be thereby convicted and executed | ditto | ditto | Death | ditto | Ditto | ||
| 160 | Giving or | ditto | ditto | The same as | Magistrate of the | C | |
| fabricating false evidence with intent to procure conviction of an offence punishablewithimprisonment | for the offence | First Grade | |||||
| 161 | Using in a judicial proceeding evidence known to be false or fabricated | ditto | ditto | The same as for giving or fabricating false.evidence | The same court as may try giving or fabricating the false evidence | As column 6 | |
| 162 | Knowingly issuing or signing a false certificate relating to any fact ofwhich suchcertificate is by law admissible in evidence | ditto | ditto | The same as for giving false evidence | The same court as may try giving false evidence | Ditto | |
| 163 | Using as a true certificateone known to be false in a material point | Shall notarrestwithou twarrant | Warrant | The same as for giving false evidence | The same court as may try giving false evidence | As column 6 | |
| 1 Section | 2 Offence | 3 Whether thepolicemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue inthe first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers by whichtriable |
| 164 | False statement made in any declaration which is by law receivable as evidence | ditto | ditto | ditto | ditto | Ditto |
| Using as true any such declarationknown to befalse | ditto | ditto | ditto | ditto | Ditto | |
| 165 | Making false translation for use in judicial proceeding | ditto | ditto | ditto | ditto | ditto |
| 166 | Secreting or destroying any document to prevent its production as evidence | ditto | ditto | Imprisonment for two years or fine or both | Magistrate of the FirstGrade | C |
| Screening of Offenders | ||||||
| 167 | Cause disappearance of evidence of an offence committed to screen offender or giving false information touching it to screen the offender or prevent his arrest or harbouring an offender | ditto | ditto | Imprisonment for five years and fine | ditto | ditto |
| 168 | Taking gratification to | ditto | ditto | ditto | ditto | ditto |
| screen an offender from punishment | ||||||
| 169 | Offering gratification in consideration of screening offender | ditto | ditto | Imprisonment for sevenyears andfine | ditto | Ditto |
| 170 | Harbouring robbers or brigands | Mayarrest without warrant | ditto | ditto | ditto | ditto |
| Resistance to Arrest and Escape | ||||||
| 171 | Resistance or obstruction to the lawful arrest of another person or rescuing him from lawful confinement or custody | ditto | ditto | Imprisonment for seven years or fine or both | ditto | ditto |
| If under sentence of death | Mayarrest without warrant | Warrant | Imprisonment for life and fine | High Court | A limited | |
| 1 Section | 2 Offence | 3 Whether the policemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue in the first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court withleast powers by whichtriable |
| 172 | Resistance or obstruction by a person to his lawful arrest for an offence with which he is charged or of which he has been convicted or escape from custody in respect of such offence | Ditto | ditto | Imprisonment for seven years or fine or both | Magistrate of the FirstGrade | C |
| 173 | Resistance or obstruction to arrest or escape in other cases | ditto | ditto | Imprisonment for two years or fine or both | ditto | Ditto |
| Fraudulent Dealings with Property | ||||||
| 174 | Fraudulent or dishonest dealing with property to prevent its seizure or its application according to law | Shall not arrest without warrant | ditto | ditto | .Magistrate of the ThirdGrade | D |
| 175 | Fraudulent suffering a decree to pass for a sum not due, or suffering decree to beexecuted after it has been satisfied | ditto | ditto | ditto | Magistrate of the FirstGrade | C |
| 176 | Fraudulently obtaining a decree for a sum not due, or causing a decree to be executedafter it as been satisfied | ditto | ditto | ditto | ditto | Ditto |
| 177 | Fraudulent execution of deed of transfer containing a false | ditto | ditto | ditto | Magistrate of the FirstGrade | D |
| statement of consideration | ||||||
| Miscellaneous | ||||||
| 178 | Giving false information respecting an offence committed | ditto | ditto | ditto | ditto | Ditto |
| 179 | Personation for the purpose of any act or proceeding in a suit or criminal prosecution | ditto | ditto | Imprisonment for three years or fine or both | Magistrate of the FirstGrade | C |
| 1 Section | 2 Offence | 3 Whether the policemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue in the first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court withleast powers by whichtriable |
| 180 | False charge of offencemade with intent to injure | Shall not arrest without warrant | Warrant | Imprisonment for two years or fine or both | Magistrate of the First Grade | C |
| If offence charged be punishable with death or imprisonment for seven years or upwards | ditto | Ditto | Imprisonment for seven years or fine or both | ditto | Ditto | |
| 181 | Taking gift to help to recover movable property of | ditto | ditto | ditto | ditto | Ditto |
| which a person has been deprived by an offence without endeavouring to cause offender to be brought to justice | ||||||
| 182 | Influencing course of justice | ditto | Summons | Imprisonment for two years or fine or both | Magistrate of the Third Grade | D |
| CHAPTER XIII.-PUBLIC NUISANCE | ||||||
| 184 | Adulterating, etc., food or drink intended for sale without notice to purchaser | Shall not arrest without warrant | Summons | Imprisonment for one yearor fine ofN200 | Magistrate of the FirstGrade | D |
| 185 | Selling food or drink not corresponding to description | ditto | ditto | Fine of N20 | ditto | ditto |
| 186 | Selling adulterated food or drink | ditto | ditto | Imprisonmentfor sixmonths or fine of N100 or both | ditto | ditto |
| 187 | Selling any article as food and drink, knowing the same to be noxious | ditto | ditto | Imprisonment for two years or fine or both | ditto | Ditto |
| 188 | Adulterating any drug or medic al preparation intended for sale so as to lessen its efficacy or to change its operation or to make it noxious | ditto | ditto | Imprisonmentfor sixmonths or fine of N100 or both | ditto | ditto |
| 1 Section | 2 Offence | 3 Whether thepolicemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue inthe first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers by whichtriable |
| 189 | Offering for sale or issuing from a dispensary any drug or medical preparation known to have been adulterated | Shall not arrest without warrant | Summons | Imprisonmentfor sixmonths or fine of N100 or both | Magistrate of the ThirdGrade | D |
| 190 | Knowingly selling or issuing from a dispensary any drug or medical preparation as a different drug or medical preparation | ditto | ditto | ditto | ditto | ditto |
| 191 | Fouling the water of a public well or reservoir | ditto | ditto | Imprisonment for two years or fine or both | ditto | ditto |
| 192 | Making atmosphere noxious to health | ditto | ditto | Imprisonment for sixmonths or fine or both | ditto | ditto |
| 193 | Exhibition of a false light, mark or buoy | Mayarrest without warrant | Warrant | Imprisonment for seven years or fine or both | Magistrate of the Third Grade | C |
| 194 | Causing obstruction in any public way or line of navigation | ditto | Summons | Imprisonment for two years or fine or both | Magistrate of the Third Grade | D |
| 195 | Employees | Shall not | Ditto | Imprisonment | Ditto | Ditto |
| engaged on work of public utility ceasing work with out notice | arrest without warrant | for sixmonths or fine or both | ||||
| 196 | Rash or negligent act or conduct endangering human life, etc. | Mayarrest without warrant | Ditto | Imprisonmentfor sixmonths or fine of N100 or both | Ditto | Ditto |
| 197 | A person omitting to control any animal in his possession, as to guard against danger to human life or of grievous hurt from such animal | Ditto | Ditto | Imprisonmentfor sixmonths or fine of N40 or both | Ditto | Ditto |
| 198 | Committing a public nuisance | Shall not arrest without warrant | Summons | Imprisonment for one year or fine or both | Magistrate of the Third Grade | D |
| 199 | Continuance of nuisance after injunction to discontinue | Mayarrest without warrant | Ditto | Imprisonment for three year or fine or both | Ditto | Ditto |
| 1 Section | 2 Offence | 3 Whether the policemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summons shall ordinarily issue in the first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers by whichtriable |
| 200 | Obscene or indecent acts | Ditto | Warrant | Imprisonment for two years or fine or both | Ditto | Ditto |
| 201 | Keeping a brothel | ditto | Summons | Imprisonment for one year | Ditto | Ditto |
| or fine or both | ||||||
| 202 | Sale, etc., of obscene books, etc., or having such books in possession for sale or exhibition | ditto | Warrant | Imprisonment for two years or fine or both | Ditto | Ditto |
| 203 | Obscene songs, etc. | ditto | Ditto | Imprisonment for three months or fine or both | Ditto | Ditto |
| CHAPTER XIV-LOTTERIES AND GAMING HOUSES | ||||||
| 205 | Keeping a gaminghouse orlottery office | Shall not arrest without warrant | Summons | Imprisonment for two years or fine or both | Ditto | ditto |
| 206 | Offences relating to lotteries | ditto | ditto | Imprisonmentfor sixmonths or fine or both | Ditto | ditto |
| CHAPTER XV.–CRUELTY TO ANIMALS | ||||||
| 207 | Ill-treating domestic animal | Mayarrest without warrant | Summons | Imprisonment for one year or fine orN100 or both | Ditto | ditto |
| 208 | Over-riding or neglecting animal | Ditto | Ditto | Ditto | Ditto | ditto |
| CHAPTER XVI.—OFFENCES RELATING TO RELIGION | ||||||
| 210 | Insulting religious creed | Mayarrest without warrant | Summons | Imprisonment for two years or fine or both | Magistrate of the Third Grade | D |
| 211 | Destroying, damaging or defiling a place of worship or sacred object with intent to insult the religion of any class person | ditto | ditto | ditto | ditto | ditto |
| 212 | Causing a disturbance to an assembly engaged in religious worship | ditto | ditto | Imprisonment for one year or fine or both | ditto | ditto |
| 1 Section | 2 Offence | 3 Whether the policemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue in the first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers bywhichtriable |
| 213 | Trespassing in place of worship or burial or disturbing funeral, withintention to wound thefeeling or to insult thereligion of any person or offeringindignity to a human corpse | ditto | ditto | Imprisonment for two years or fine or both | ditto | ditto |
| CHAPTER XIII–OFFENCES RELATING TO ORDEAL, WITCHCRAFT AND JUJU | ||||||
| 214 | Trial by ordeal | Mayarrest without warrant | Warrant | Imprisonment for ten years or fine or both | ChiefMagistrate | Nojurisdiction |
| If such trials result in death | ditto | ditto | Death | High Court | ditto | |
| 216 | Offences relating to witchcraft and juju | ditto | ditto | Imprisonment for two years or fine or both | Magistrate of the First Grade | A |
| 217 | Criminal charms | ditto | ditto | Imprisonment for five years or fine or both | ditto | ditto |
| 218 | Cannibalism | ditto | ditto | Imprisonment for two years or fine or both | ditto | ditto |
| 219 | Unlawful possession of human head | Mayarrest without warrant | Warrant | Imprisonment for five years or fine or both | Magistrate of the First Grade | A |
| CHAPTER XVIII.-OFFENCES AFFECTING THE HUMAN BODY | ||||||
| 221 | Culpable homicide punishable with death | Mayarrest without warrant | Warrant | Death | High Court | A |
| 224 | Culpable homicide not punishable with death | ditto | ditto | Imprisonment for life or fine or both | ditto | ditto |
| 225 | Causing death when intention is to cause hurt or grievous hurt only | ditto | ditto | Imprisonment for fourteen years or fine or both | ditto | ditto |
| 226 | Death caused in act of commit ting offence | ditto | ditto | Imprisonment for ten years or fine or both | ditto | ditto |
| 227 | Abetment of suicide committedby a child or insane or delirious person or idiot or a person intoxicated | ditto | ditto | Death | ditto | ditto |
| 228 | Abetting the commissionof suicide | ditto | ditto | Imprisonment for ten years or fine | ditto | ditto |
| 1 Section | 2 Offence | 3 Whether thepolicemayarrest without | 4 Whether a warrant or a summonsshall | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but see | 7 Area Court with least powers by which |
| warrant or not (see section 26) | ordinarily issue inthe first instance (see section 154) | Explanatory Note 2 head of Appendix) | triable | |||
| 229 | Attempt to commit culpable homicide punishable with death | ditto | ditto | Imprisonment for life or fine or both | ditto | ditto |
| Attempt bylife convict to commit culpable homicide punishable with death, if hurt is caused | ditto | ditto | Death | ditto | ditto | |
| 230 | Attempt to commit culpable homicide not punishable with death | ditto | ditto | Imprisonment for three years or fine or both | ditto | ditto |
| If hurt is caused | ditto | ditto | Imprisonment for seven years or fine or both | ditto | ditto | |
| 231 | Attempt to commitsuicide | Mayarrest without warrant | Warrant | Imprisonment for one years or fine or both | Magistrate of the Third Grade | D |
| Causing Miscarriage, Injuries to Unborn Children, Exposure of Infants, Cruelty to Children, and the Concealment of Births | ||||||
| 322 | Causing miscarriage | Shall not arrest without warrant | ditto | Imprisonment for fourteen years or fine or both | High Court | A |
| 233 | Death caused by an act done with intent to cause miscarriage | ditto | ditto | Imprisonment for fourteen years or fine or both | ditto | ditto |
| If act done without woman’s consent | ditto | ditto | Imprisonment for life or fine | ditto | ditto | |
| 234 | Causing miscarriage unintentionally | ditto | ditto | Imprisonment for three years or fine or both | ditto | ditto |
| If offender | ditto | ditto | Imprisonment | ditto | ditto | |
| knew woman to be with child | for five years or fine or both | |||||
| 235 | Act done with intent to prevent a child being born alive or to cause it to die after its birth | ditto | ditto | Imprisonment for fourteen years or fine or both | ditto | ditto |
| 236 | Causing death of a quick unborn child by an act amounting to culpable homicide – | Ditto | ditto | Imprisonment for life or fine or both | ditto | ditto |
| 1 Section | 2 Offence | 3 Whether thepolicemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue inthe first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers by whichtriable |
| 237 | Exposure of a child under twelve years of age by parents having care of it with intention of wholly | Mayarrest without warrant | ditto | Imprisonment for seven years or fine or both | ditto | ditto |
| abandoning it | ||||||
| 238 | Cruelty to children | Shall not arrest without warrant | Summons | Imprisonment for two years or fine or both | Magistrate of the Third Grade | D |
| If serious injury caused to health | Shall not arrest without warrant | Summons | Imprisonment for five years or fine or both | Magistrate of the First Grade | C | |
| 239 | Concealment of birth by secret | Mayarrest with warrant | Warrant | Imprisonment for two years or fine or both | Magistrate of the First Grade | D |
| Hurt | ||||||
| 244 | Voluntarily causing hurt on grave and sudden provocation not intending to hurt any other than the person who gave the provocation | Shall not arrest without warrant | Summons | Imprisonment for one month or fine of N20 or both | Ditto | ditto |
| 245 | Causing grievous hurt on grave sudden provocation, not intending to hurt any other than the person who gave the provocation | Mayarrest without warrant | ditto | Imprisonment for four years or fine ofN100 or both | Ditto | ditto |
| 246 | Voluntarily causing hurt without provocation | Shall not arrest without warrant | ditto | Imprisonment for one years or fine of N40 or both | Ditto | ditto |
| 247 | Voluntarily causing grievous hurt without provocation | Mayarrest without warrant | ditto | Imprisonment for sevenyears andfine | Ditto | ditto |
| 248 | Voluntarily causing hurt by dangerous weapon or means | ditto | ditto | Imprisonment for three years or fine or both | Ditto | ditto |
| If the hurt be grievous | ditto | Warrant | Imprisonment for fourteenyears andfine | High Court | A limited | |
| 249 | Administering stupefying | ditto | ditto | Imprisonment for ten years | ditto | ditto |
| drug with intent to cause hurt, etc. | and fine | |||||
| 1 Secti on | 2 Offence | 3 Whether thepolicemayarrest without warrant or not (see section 26) | 4 Whether awarrant or a summonsshall ordinarily issue inthe first instance (see section 154) | 5 Punishmen t under the Penal Code | 6 Court withleast powers by which triable (but see Explanat ory Note 2 head ofAppendix) | 7 Area Court with leastpowers by whic h triabl e |
| 250 | Voluntarily causing hurt to extort property or a document of years and fine title or to constrain to do anything which is illegal or which may facilitate the commission of an offence | Mayarrest without warrant | Warrant | Imprisonment for tenyears andfine | Chief Magistrate | A limite d |
| If the hurt be grievous | ditto | ditto | Imprisonment for fourteenyears andfine | High Court | ditto | |
| 251 | Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc. | ditto | ditto | Imprisonm ent for sevenyears andfine | Chief Magistrate | C |
| If the hurt be grievous | ditto | ditto | Imprisonment for tenyears andfine | Ditto | A limite d | |
| 252 | Voluntarily causing hurt to deter public servant from his duty | ditto | ditto | Imprisonment for three years or fine or both | Magistrat e of the FirstGrade | C |
| If the hurt be grievousdittodittoImpris | ||||||
| onment for ten years and finedittoditto | ||||||
| 253 | ||||||
| Causi ng hurt by an act which en dangershuman life, etc | ditto | Summons | Imprisonment for one year or fine or both | Magistrate of the ThirdGrade | D | |
| If the hurt be grievous | ditto | ditto | Imprisonment for two years or fine or both | ditto | ditto | |
| Wrongful Restraint and Wrongful Confinement | ||||||
| 256 | Wrongfully restraining any person | ditto | Ditto | Imprisonment for one month or fine of N60 or both | ditto | ditto |
| 257 | Wrongfully confining any person | Mayarrest without warrant | Summons | Imprisonment for one year or fine of N100 or both | Magistrat e of the ThirdGrade | D |
| If wrongful confinement continues for more than three days | Ditto | ditto | Imprisonment for three years or fine or both | ditto | Ditto | |
| 1 Section | 2 Offence | 3 Whether the policemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue in the first instance(see | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court withleast powers by whichtriable |
| section 154) | ||||||
| 258 | Keeping any person in wrongful confinement, knowing that a war rant or order has been issued | Ditto | ditto | Imprisonment for two years in addition to imprisonment under any other section | ChiefMagistrate | A limited |
| 259 | Wrongful confinementin secret | Ditto | ditto | Ditto | ditto | Ditto |
| 260 | Wrongful confinement for the purpose of extorting property or constraining to an illegal act, etc. | Ditto | ditto | Imprisonment for threeyears andfine | Magistrate of the FirstGrade | C |
| 261 | Wrongful confinement for the purpose of extorting confession or information or of compelling restoration of property, etc. | Ditto | ditto | Ditto | ditto | Ditto |
| Criminal Force and Assault | ||||||
| 265 | Assault or use of criminal force otherwise than on grave provocation | Ditto | ditto | Imprisonment for one year or fine or both | Magistrate of the ThirdGrade | D |
| If hurt be grievous | Ditto | ditto | Imprisonment for three years or fine or both | ditto | Ditto | |
| 266 | Assault or use of criminal force on grave provocation | Ditto | Ditto | Imprisonment for three months or fine of N40 or both | ditto | Ditto |
| 267 | Assault or use of criminal to deter a public officer from discharge of his duty | Mayarrest without warrant | Warrant | Imprisonment for three years or fine or both | Magistrate of the ThirdGrade | D |
| 268 | Assault or use of criminal | Ditto | Ditto | Ditto | ditto | Ditto |
| force to a woman withintent to outrage her modesty | ||||||
| 269 | Assault or use of criminal force in attempt to commit theft of property worn or carried by a person | Ditto | Ditto | ditto | ditto | ditto |
h
| 1 Section | 2 Offence | 3 Whether thepolicemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue inthe first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers by whichtriable |
| 270 | Assault or use of criminal force in attempt wrongfully to confine a person | Ditto | Ditto | Imprisonment for two years or fine or both | ditto | ditto |
| Kidnapping, Abduction and Forced Labour | ||||||
| 273 | Kidnapping | Ditto | Ditto | Imprisonment for ten years and fine | Magistrate of the FirstGrade | A limited |
| 274 | Kidnapping or abducting inorder to commit culpable homicide | Ditto | Ditto | Imprisonment for fourteenyears andfine | High Court | ditto |
| 275 | Procuration of minor girl | Ditto | Ditto | Imprisonment for ten years and fine | ChiefMagistrate | ditto |
| 276 | Importation of girl from | Ditto | Ditto | ditto | ditto | ditto |
| foreign country | ||||||
| 277 | Concealing or keeping in confinement a kidnapped or abducted person | Ditto | Ditto | The same punishment as for kidnapping or abducting | Court by which the kidnapping or abductioncould betried | ditto |
| 278 | Buying, selling, hiring or letting to hire a minor for purposes of prostitution, etc. | Ditto | Ditto | Imprisonment for ten years and fine | ChiefMagistrate | ditto |
| 279 | Buying or disposing of slave | Mayarrest without warrant | Warrant | Imprisonment for fourteenyears andfine | High Court | A limited |
| 280 | Unlawful compulsory labour | ditto | Ditto | Imprisonment for one years or fine or both | Magistrate of the Third Grade | D |
| 281 | Traffic inwomen | Ditto | Ditto | Imprisonment for sevenyears andfine | ChiefMagistrate | A limited |
| Rape, and Unnatural and Indecent Offences against the Person | ||||||
| 283 | Rape | Ditto | Summons | Imprisonment for life andfine | High Court | ditto |
| 284 | Unnatural offence | Ditto | Ditto | Imprisonment for fourteenyears andfine | ditto | ditto |
| 285 | Gross indecency upon person | Ditto | Ditto | Imprisonment for sevenyears andfine | ChiefMagistrate | ditto |
| CHAPTER XIX.-OFFENCE AGAINST PROPERTY Theft | ||||||
| 287 | Theft | Mayarrest without warrant | Warrant | Imprisonment for five years or fine or both | Magistrate of the Third Grade | D |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Section | Offence | Whether thepolicemayarrest without warrant or not (see section 26) | Whether a warrant or a summonsshall ordinarily issue inthe first instance (see section 154) | Punishment under the Penal Code | Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | Area Court with least powers by whichtriable |
| 288 | Theft in a building, tent or vessel | Ditto | Ditto | Imprisonment for seven years or fine or both | ditto | Ditto |
| 289 | Theft by clerk or servant of property in possession of master or employer | Ditto | Ditto | ditto | ditto | ditto |
| 290 | Theft, preparation having been made for causing death or hurt or and restraint, or fear of death or of hurt or of restraint, in order to commit such theft or to escape after committing it or to retain property taken by it | Mayarrest without warrant | Warrant | Imprisonment for fourteenyears andfine | ChiefMagistrate | A limited |
| Extortion | ||||||
| 292 | Extortion | Shall not arrest | Ditto | Imprisonment for five years or fine or both | Magistrate of the Third Grade | D |
| 293 | Putting or attempting to put in fear of injury, in order tocommitextortion | Ditto | Ditto | Imprisonment for two years or fine or both | ditto | Ditto |
| 294 | Extortion by putting a person in fear | Ditto | Ditto | Imprisonment for fourteen years and | High Court | A limited |
| of death or grievous hurt | fine | |||||
| 295 | Extortion by threat of accusation of an offence punishable with death or imprisonment for ten years | Ditto | Ditto | Ditto | ditto | Ditto |
| Robbery and Brigandage | ||||||
| 298 | Robbery | Mayarrest without warrant | Ditto | Imprisonment for ten years and fine | Magistrate of the First Grade | C |
| If committed on the highway or from a person sleeping in the open air, between sunset and sunrise | Ditto | Ditto | Imprisonment for fourteenyears andfine | ditto | ditto | |
| If committed by a person armed with dangerous or offensive weapon | Ditto | Ditto | Imprisonment for life and fine | ditto | ditto | |
| 1 Section | 2 Offence | 3 Whether thepolicemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue in the first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers bywhichtriable |
| 299 | Attempt to commit robbery | Mayarrest without warrant | Warrant | Imprisonment for sevenyears andfine | Magistrate of the First Grade | C |
| 300 | Person voluntarily causing hurt in committing or | Ditto | Ditto | Imprisonment for fourteenyears andfine | ditto | ditto |
| attempting to commit robbery or any other person jointly concerned in such robbery | ||||||
| 301 N.N. 3 of 1963 | Brigandage | Ditto | Ditto | ditto | High Court | A limited |
| 302 | Brigandage with culpable homicide | Ditto | Ditto | Death | ditto | A |
| 303 | Robbery or brigandage, with attempt to cause death or grievous hurt | Ditto | Ditto | Imprisonment for not less than seven years | ditto | A limited |
| 304 | Making preparation to commit brigandage | Ditto | Ditto | Imprisonment for ten years and fine | ditto | ditto |
| 305 | Belonging to a gang of persons associated for the purpose of habitually committing brigandage | Ditto | Ditto | Imprisonment for fourteenyears andfine | ditto | ditto |
| 306 | Belonging to a wandering gang of persons associated for the purpose of habituallycommittingthefts | Ditto | Ditto | Imprisonment for sevenyears andfine | Magistrate of the FirstGrade | C |
| 307 | Being one of five or more persons assembled for the purpose of committing brigandage | Ditto | Ditto | ditto | ditto | Ditto |
| Criminal Misappropriation | ||||||
| 309 | Criminal misappropriation | Shall not arrest | Warrant | Imprisonment for two years or fine or both | Magistrate of the Third Grade | D |
| 1 Section | 2 Offence | 3 Whether thepolicemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue inthe first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers bywhichtriable |
| 310 | Criminal misappropriation knowing that the property was in possession of a decease person at his death and that it has not since been in the possession of any person legally entitledto it | Ditto | Ditto | Imprisonment for ten years and fine | ditto | Ditto |
| If clerk or servant of deceased | Ditto | Ditto | Imprisonment for sevenyears andfine | ditto | ditto | |
| Criminal Breach of Trust | ||||||
| 312 | Criminal breach of trust | Mayarrest without warrant | Ditto | Imprisonment for seven years or fine or both | ditto | Ditto |
| 313 | Criminal breach of trust by a carrier, wharfinger, etc | Ditto | Ditto | Imprisonment for ten years and fine | ditto | ditto |
| 314 | Criminal breach of trust by a clerk or servant | Ditto | Ditto | Ditto | ditto | ditto |
| 315 | Criminal breach of trust by public officer or by banker, merchant or agent etc | Ditto | Ditto | Imprisonment for fourteenyears andfine | Magistrate of the FirstGrade | C |
| Receiving Stolen Property | ||||||
| 317 | Dishonestly receiving stolen property, knowing it to be | Ditto | Ditto | Imprisonment for fourteen years or fine or both | Magistrate of the Third Grade | D |
| stolen | ||||||
| 318 | Dishonestly receiving stolen property, knowing it was obtained by brigandage | Mayarrest without | Warrant | Imprisonment for life and fine | High Court | A limited |
| 319 | Assisting in concealment or disposal of stolen property, knowing it to be stolen | Ditto | Ditto | Imprisonment for five years or fine or both | Magistrate of the ThirdGrade | D |
| Having Possession of Thing Reasonably Suspected of Having Been Stolen | ||||||
| 319A N.R 20 of 1960 | Having possession of thing reasonably suspected of having been stolen | Ditto | Ditto | Imprisonmentfor sixmonths or fine or both | ditto | ditto |
| Cheating | ||||||
| 322 NN48 of1961 | Cheating | Shall not arrest without warrant | Ditto | Imprisonment for three years or fine or both | ditto | D |
| 1 Section | 2 Offence | 3 Whether the policemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue in the first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers by whichtriable |
| 323 N.N 48 of 1961 | Cheating a person whose interest the offender was bound either by law or by legal contract to protect | Ditto | Ditto | Imprisonment for five years or fine or both | Magistrate of the FirstGrade | A limited |
| 324 N.N 48 of 1961 | Cheating by personation | Mayarrest without warrant | Ditto | Ditto | Magistrate of the Third Grade | D |
| Mischief | ||||||
| 327 | Mischief | Shall not arrest without warrant | Summons | Imprisonment for two years or fine or both | Magistrate of the Third Grade | D |
| 329 | Mischief by killing, poisoning, maiming or rendering useless any animal | Mayarrest without warrant | ditto | ditto | ditto | ditto |
| 330 | Mischief by killing, poisoning, maiming or rendering useless anycamel, horseetc | Ditto | ditto | Imprisonment for five years or fine or both | ditto | ditto |
| 331 | Mischief in relation to water supply | Ditto | ditto | ditto | ditto | ditto |
| 332 | Mischief by injury to public road, bridge, navigable river or navigable channel and rendering it impossible or less safe for traveling or conveying property | Ditto | ditto | Imprisonment for life and fine | ditto | ditto |
| 333 | Mischief by causing inundation or obstruction to public drainage, or attended with damage | Ditto | ditto | Imprisonment for five years or fine or both | ditto | ditto |
| 334 | Mischief in relation to electricity, telegraphs and telephones | Ditto | ditto | Ditto | ditto | ditto |
| 335 | Mischief by destroying or moving etc.,a landmark fixed by lie authority | Shall not arrest without warrant | ditto | Imprisonment for one years or fine or both | ditto | ditto |
| 336 | Mischief by fire or explosive substance with intent to cause damage | Mayarrest without | ditto | Imprisonment for sevenyears andfine | Magistrate of the FirstGrade | C |
| 1 Section | 2 Offence | 3 Whether thepolicemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue inthe first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers by whichtriable |
| 337 | Mischief by fire or explosive substance with intent to destroy house, etc. | Ditto | ditto | Imprisonment for life and fine | High Court | A limited |
| 338 | Mischief to vessel | Mayarrest without warrant | Warrant | Imprisonment for fourteen years or fine or both | High Court | A limited |
| 339 | The mischief described in the section 338 when committed by fire or any explosive substance | Ditto | ditto | Imprisonment for life and fine | ditto | ditto |
| 340 | Running vessel ashore with intent to commit theft, etc. | Ditto | ditto | Imprisonment for fourteenyears andfine | ditto | ditto |
| 341 | Mischief committed after preparation made for causing death or hurt, etc. | Ditto | ditto | Imprisonment for five years and fine | Magistrate of the FirstGrade | C |
| Criminal Trespass | ||||||
| 348 | Criminal trespass | Ditto | Summons | Imprisonment for one yearsor fine ofN100 or both | Magistrate of the Third Grade | D |
| 349 | House trespass | Ditto | Warrant | Ditto | ditto | D |
| 350 | House trespass with intention to commit an offence punishable with death | Ditto | ditto | Imprisonment for fourteenyears andfine | High Court | A limited |
| 351 | House trespass to commit an offence punishable with fourteen years imprisonment | Ditto | ditto | Imprisonment for ten years and fine | ditto | ditto |
| 352 | House trespass to commit an offence punishable with imprisonment | Ditto | Ditto | Imprisonment for sevenyears andfine | Magistrate of the ThirdGrade | D |
| 353 | Lurking house trespass or housebreaking | Ditto | Ditto | Imprisonment for two years and fine | ditto | ditto |
| 354 N.N 3 of 1963 | Lurking house trespass or housebreaking to commit an offence punishable with imprisonment | Mayarrest without warrant | Warrant | Imprisonment for fourteenyears andfine | Magistrate of the ThirdGrade | D |
| 355 | Lurking house trespass or housebreaking by night | Ditto | Ditto | Imprisonment for threeyears andfine | ditto | ditto |
| 1 Sectio n | 2 Offence | 3 Whether the policemay | 4 Whether a warrant | 5 Punishment under the Penal Code | 6 Court with least powers by which | 7 Area Court with least powers by which |
| arrest without warrant or not (see section 26) | or a summons shall ordinarily issue in the first instance (see section 154) | triable (but see Explanator y Note 2 head of Appendix) | triable | |||
| 356 | Lurking house trespass or housebreaking by night in order to commit an offence punishablewithimprisonment | Ditto | ditto | Imprisonmen t for life and fine | ditto | ditto |
| 357 | Death or grievous hurt caused by one of several persons jointly concerned in housebreaking by night, etc. | Ditto | Ditto | Ditto | High Court | A limited |
| 358 | Dishonestly breaking, open or unfastening any closed receptacle containing or supposed to contain property | Ditto | Ditto | Imprisonment for two years or fine or both | Magistrate of the ThirdGrade | D |
| 359 | Being entrusted with any closed receptacle containing or supposed to contain any property and fraudulently opening the same | Ditto | Ditto | Imprisonment for three years or fine or both | Ditto | Ditto |
| 360 | Lurking with housebreaking implements | Ditto | Ditto | Imprisonment for threeyears andfine | ditto | Ditto |
| 361 | Fabrication of false key or instrument | Ditto | Ditto | Imprisonment for twoyears andfine | ditto | Ditto |
| CHAPTER XX.-FORGERY | ||||||
| 364 | Forgery | Shall not arrest without warrant | Warrant | Imprisonment for fourteen years or fine or both | ChiefMagistrate | A limited |
| 365 | Forgery of public seals, etc. | Shall not arrest without warrant | Warrant | Imprisonmen t for life andfine | High Court | A limited- excluding jurisdiction in respect ofGovernment seals |
| 366 | Using as a genuine a forgeddocument which is known to be forged | ditto | Ditto | Punishmentfor forgery of such document | Same court as that by which the forgery is triable | As in column 6 |
| 367 | Making or counterfeitin g a seal, place, etc., with intent to commitforgery, or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit | ditto | Ditto | Imprisonment for fourteenyears andfine | ChiefMagistrate | A limited |
| 1 Sectio n | 2 Offence | 3 Whether the police mayarrest without | 4 Whether a warrant or a summonsshall | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but see | 7 Area Court with least powers bywhichtriable |
| warrant or not (see section 26) | ordinarily issue inthe first instance (see section 154) | Explanator y Note 2 head of Appendix) | ||||
| 368 | Having Possession of a forged record | ditto | Ditto | Ditto | ditto | Ditto |
| 369 | Counterfeitin g a device ormark usedfor authenticatin g documents, or Posessing counterfeit markedmaterial | ditto | Ditto | Ditto | ditto | Ditto |
| 370 | Fraudulently destroying or defacing or attempting to destroy or deface, secreting a document of title, etc. | ditto | Ditto | Ditto | ditto | Ditto |
| 371 | Falsification of accounts | ditto | Ditto | Imprisonment for seven years or fine or both | ditto | Ditto |
| Property and Other Mark | ||||||
| 374 | Using a false property mark | Ditto | Ditto | Imprisonmen t for one years or fine or both | Magistrate of the ThirdGrade | D |
| 375 | Counterfeitin g a property mark used by another | ditto | Ditto | Imprisonment for two years or fine or both | Ditto | A limited |
| 376 | Counterfeitin g a properly mark used by a public officer, or any mark used by him to denote themanufacture, quality, etc., of any property | Shall not arrest without warrant | Summons | Imprisonment for threeyears andfine | Magistrate of the FirstGrade | A limited- excluding jurisdiction in respect ofGovernment officers andGovernmen t property marks |
| 377 | Making or having Possession of any die, Plate or otherinstrument forCounterfeitin g any property mark and having possession of a false property mark | Ditto | Ditto | Imprisonment for three years or fine or both | ditto | A limited |
| 378 | Making a false mark upon any package or receptacle containing goods, with intent to cause it to believed thatit contains goods which it does not contain, etc. | Ditto | ditto | Ditto | Magistrate of the ThirdGrade | ditto |
| 1 Section | 2 Offence | 3 Whether the policemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summons shall ordinarily issue in the first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court with least powers by whichtriable |
| 379 | Making use of any such false mark | Ditto | ditto | Same punishmentas for offence committed against section 378 | Ditto | ditto |
| 380 | Removing, destroying or | Ditto | ditto | Imprisonment for one years | Ditto | ditto |
| defacing any property mark with intent to cause injury | or fine or both | |||||
| CHAPTER XXI.-CRIMINAL BREACH OF CONTRACTS OF SERVICE | ||||||
| 381 | Being bound by contract to render personal service during a voyage or journey or to convey or guard any property or person and voluntarily omitting to do so | Shall not arrest without warrant | Summons | Imprisonment for one month or fine of N10 or both | Magistrate of the ThirdGrade | D |
| 382 | Being bound by contract to attention or supply the wants of a person who is helpless from youth, unsoundness of mind or disease and voluntarily omitting to do so | Ditto | ditto | Imprisonment for three months or fine of N20 or both | ditto | Ditto |
| CHAPTER XXII.-OFFENCES RELATING TO MARRIAGE AND INCEST | ||||||
| 383 | A man by deceit causing awoman notlawfully married to him to believe that she is lawfully married to him and to cohabit With him in that belief | Shall not arrest without warrant | Warrant | Imprisonment for ten years and fine | High Court | B |
| 384 | Marrying again during, the life-timeof a husbandor | Ditto | ditto | Imprisonment for sevenyears andfine | ditto | ditto |
| 385 | Same offence with concealment | Ditto | ditto | Imprisonment for ten years and fine | ditto | Ditto |
| of the former marriage from the person with whomsubsequent marriage is contracted | ||||||
| 386 | A person with fraudulent intention going through the ceremony of being married, knowing that he is not thereby lawfully married | Ditto | ditto | Imprisonment for sevenyears andfine | ditto | Ditto |
| 1 Section | 2 Offence | 3 Whether the policemayarrest without warrant or not (see section 26) | 4 Whether a warrant or a summonsshall ordinarily issue in the first instance (see section 154) | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but seeExplanatory Note 2 head of Appendix) | 7 Area Court withleast powers by whichtriable |
| 387 | Adultery by a man | Ditto | Ditto | Imprisonment for two years or fine or both | Magistrate of the First Grade | D |
| 388 | Adultery by a woman | Ditto | ditto | Ditto | ditto | Ditto |
| 389 | Enticing or taking away or detaining with a criminal intent a married woman | Ditto | ditto | Ditto | ditto | Ditto |
| 390 | Incest | Ditto | ditto | Imprisonment for sevenyears andfine | High Court | A limited |
| CHAPTER XXIII.–DEFAMATION | ||||||
| 392 | Defamation | Shall not arrest without warrant | Warrant | Imprisonment for two years or fine or both | Magistrate of the First Grade | C |
| 393 | Injurious falsehood | Shall not arrest without warrant | Warrant | Imprisonment for two years or fine or both | Magistrate of the First Grade | C |
| 394 | Printing or engraving etc., matter knowing it to be defamatory | Ditto | ditto | Ditto | ditto | A limited |
| 395 | Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter | Ditto | ditto | Ditto | ditto | Ditto |
| CHAPTER XXIV.- CRIMINAL INTMDATION, INSULT AND ANNOYANCE AND DRUNKENNESS | ||||||
| 397 | Criminal intimidation | Shall not arrest without warrant | Warrant | Imprisonment for two years or fine or both | Magistrate of the Third Grade | D |
| If threat be to cause death or grievous hurt, etc. | Ditto | ditto | Imprisonment for seven years or fine or both | Ditto | Ditto | |
| 398 | Criminal intimidation by anonymous communication or having taken precaution to conceal whence the threat comes | Ditto | ditto | Imprisonment for two years in addition to the punishment under section397 | Magistrate of the FirstGrade | C |
| 399 | Use of insulting or obusive language, etc. | Ditto | Ditto | Imprisonment for two years or fine or both | Magistrate of the Third Grade | D |
| 1 Section | 2 Offence | 3 Whether thepolice mayarrest | 4 Whether a warrant or a summons | 5 Punishment under the Penal Code | 6 Court with least powers by which triable (but | 7 Area Court with least powers |
| without warrant or not (see section 26) | shall ordinarily issue in the first instance (see section 154) | seeExplanatory Note 2 head of Appendix) | by whichtriable | |||
| 400 | Uttering any word or making any gesture intended to insult the modesty of a woman, etc. | ditto | ditto | Imprisonment for one year or fine or both | ditto | ditto |
| 401 | Drunkenness in a public place | Ditto | Summons | Imprisonment for seven days or fine of N2 or both | ditto | ditto |
| If person conducts himself in a disorderly manner, etc | Shall not arrest without warrant | Warrant | Imprisonment for one month or fine of N6 or both | Magistrate of the Third Grade | D | |
| 402 | Being drunk and disorderly in a private place | ditto | ditto | ditto | ditto | ditto |
| 403 | Drinking alcholic drink | ditto | ditto | Imprisonment for one month or fine of N10 or both | ditto | ditto |
| 404 | Effect of previous convictions under sections 401, 402 and 403 | ditto | ditto | Twice themaximum imprisonmentor maximumfine prescribed for offence of which convicted | ditto | ditto |
| If convicted of two or more such offences | ditto | ditto | Three times the maximum imprisonment or maximumfine aforesaid or both | ditto | ditto | |
| CHAPTER XXV.-VAGABONDS | ||||||
| 406 | Conviction as idle person | Shall not arrest without warrant | Warrant | Imprisonment for one month or with fine or both | Magistrate of the Third Grade | D |
| 407 | Conviction as a vagabond | ditto | ditto | Imprisonment for one year or with fine or both | ditto | ditto |
| 408 | Incorrigible vagabond | ditto | ditto | Imprisonment for two years or with fine or both | ditto | ditto |
Section 200
APPENDIX B. FORM OF CHARGES
(See chapter XIX)
A.–CHARGES WITH ONE HEAD
(1) (a) ………………………………………………….[name of presiding officer of court] hereby charge you ……………………………………………… [name of accused person] as follows-
Charge on section.115
(0b) That you on or about the ……………… day of ……..………………………… 19 ………….. at ……………………………………………………………. being a public officer in the Ministry
of ……………………………………….. directly accepted from A. B. for yourself [or for another person named C. D.] a gratification other than lawful remuneration as a motive for forebearing to do an official act and thereby committed an offence punishable under section II 5 of the Penal Code and triable by the High Court.
(c) And I hereby direct that you be tried by such court on the said charge.
……………………………………………… …
Signature or seal of the
presiding officer of court.
To be substituted for (b)-
Charge on section 158
(2) That you on or about the .………………. day of ……………………………….. 19 ………….
at …………………………………………………………. in the course of the trial of A. B. before
……………………….. stated in evidence that ………………………………………. which statement you either knew or believed to be false or did not believe to be true and thereby committed an offence punishable under section 158 of the Penal Code and triable by the High Court.
Charge on section 224.
(3) That you on or about the ……………… day of …………………………………. 19
…………… at ………………………………………… committed culpable homicide not punishable with death by causing the death of A. B. and thereby committed an offence punishable under section 224 of the Penal Code and triable by the High Court.
Charge on section 227.
(4) That you on or about the ……………….. day of ……………………………… 19 ….……..…. at …………………………………………… abetted the commission of suicide by A. B. while the said A. B. was in a state of intoxication and thereby committed an offence punishable under section 227 of the Penal Code and triable by the High Court. Charge on
(5) That you on or about the …………… day of ……..……………………….. 19 …………..
at ………………………………………….. voluntarily caused grievous hurt to A. B. by section 247. ………………………………. [state details of grievous hurt] and thereby committed an offence punishable under section 247 of the Penal Code and triable by the High Court.
Charge on section 312
(6) That you between the …………………… day of ………………………………….. 19 ………… and the ………..………. day of ..………………………………………………… being entrusted with …:……………………………….. did commit criminal breach of trust by dishonestly misappropriating a sum of N …………… and thereby committed an offence punishable under section 312 of the Penal Code and triable by the High Court.
Charge on section 324
(7) That you on or about the ………………….. day of ..……………………………….. 19
………. at …………………… cheated A. B. by falsely pretending to be in the Government Service and thereby dishonestly induced him to deliver ……………………………… [as the case may be] and thereby committed an offence punishable under section 324 of the Penal Code and triable by the High Court.
Note.-In cases tried by a magistrate substitute “the court of a Chief Magistrate” or “the court of a magistrate of the ………… grade” for “the High Court”.
B.–CHARGES WITH TWO OR MORE HEADS
(1) (a) I…………………………………………… [name of presiding officer of court] hereby charge you ………………………………………… [name of accused person] as follows-
Charges on section 221 and 224.
(b) Firstly-That you on or about the ………………. day of …………………………..
19….…….. at ………………………………….. committed culpable homicide punishable with death by causing the death of A. B. and thereby committed an offence punishable under section 221 of the Penal Code and triable by the High Court.
Secondly-That you on or about the ……………… day of ………………………………… 19 ……… at …………………………………………….. committed culpable homicide not punishable with death by causing the death of A. B. and thereby committed an offence punishable under section 224 of the Penal Code and triable by the High Court.
(c) And I hereby direct that you be tried by such court on the said charges.
……………………………………………
Signature or seal of the
presiding officer of court.
To be substituted for (b)- Alternative charges on section 158
(2) That you on or about the ……………….. day of ……….………………………….. 19
……….. at ………………………………………………………………………. in the course of the inquiry into. ………..…………………… before ……………….……………………………. stated in evidence that …………………………………………………. and that you on or about the …………………. day of ……………………., 19……….. at ………………………………….…… in the course of the trial of ………………………………….. before
………………………………….…….. stated in evidence that
..………………………………………. one of which statements you either knew or believed to be false or did not believe to be true, and thereby committed an offence punishable under section 158 of the Penal Code and triable by the High Court.
Alternative charges on section 287, 312 or 317.
(3) That you on or about the …………………… day of ……………………….………. 19 ………..
at ……………………………………. committed theft by stealing a horse the property of A. B. and thereby committed an offence punishable under section 287 of the Penal Code and triable by the High Court.
(or)
That you on or about the …….……………… day of ……………………………………. 19 …….. at ……………………………..being entrusted with the said horse committed criminal breach of trust by dishonestly misappropriating it and thereby committed an offence punishable under section 312 of the Penal Code and triable by the High Court.
(or)
That you on or about the …………………. day of ….………………………………… 19 ………… at ………………………,……… dishonestly received the said horse knowing or having reason to believe that it was stolen property and thereby committed an offence punishable under section 317 of the Penal Code and triable by the High Court.
Note.-In cases tried by a magistrate substitute “the court of a Chief Magistrate” or “the court of a magistrate of the…………… grade” for “the High Court”.
Section 339.
APPENDIX C
OFFENCES WHICH MAY BE COMPOUNDED
| Offence | Section ofPenal Code applicable | Person by whom the offence may be compounded |
| PART I | ||
| Causing hurt | 244,246 | The person to whom the hurt is |
| caused | ||
| Assault or use of criminal force. | 265, 266 | The person assaulted or to whom criminal force is used. |
| Mischief, when the only loss or damage caused is loss or damage to a private person | 327, 328 | The person to whom the loss or damage is caused |
| Criminal trespass | 348 | The person in possession of the property trespassed upon. |
| House trespass | 349 | |
| Criminal breach of contract of service | 381,382 | The person with whom the offender has contracted. |
| Adultery. | 387, 388 | The husband of a married woman or the parent or guardian of an unmarried woman. |
| Enticing or taking away or detaining with a criminal intent a married woman. | 389 | The husband of the woman. |
| Defamation | 392 | The person defamed |
| Printing or engraving, etc., matter knowing it to be defamatory | 394 | |
| Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. | 395 |
.
| Offence | Section ofPenal Code applicable | Person by whom the offence may be compounded |
| Criminal intimidation except when the offence is punishable with imprisonment for seven years | 397 | The person intimidated |
| Insult intended to provoke a. breach of the peace. | 399 | The person insulted |
| PART II | ||
| Grievous hurt on provocation. | 245 | The person to whom hurt is caused |
| Grievous hurt without provocation. | 247 | |
| Hurt, not grievous, by dangerous weapon. | 248 | |
| Hurt, or grievous hurt, by act endangering life or safety | 253 | |
| Wrongfully restraining or confining any person | 256, 257 | The person restrained or confined. |
| Unlawful compulsory labour | 280 | The person compelled to labour. |
| Mischief in relation to water supply, when the only loss or damage caused is loss or damage to a private person. | 331 | The person to whom loss or damage is caused |
| House trespass to commit an offence (other than theft) | 352 | The person in possession of the house trespassed upon |
| punishable with imprisonment. | ||
| Uttering words or making gestures intending to insult the modesty of a woman. | 400 | The woman whom it is intended to insult. |
CRIMINAL PROCEDURE CODE ACT
CHAPTER 491
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
PAGE
1. Criminal Procedure (Haddi Lashing) Order 16612
2. Criminal Procedure (Punishment on Summary Conviction) Order 16613
3. Criminal Procedure (Statements to Police Officers) Rules 16614
4. Criminal Procedure Code Rules 16616
5. Criminal Procedure (Execution) Rules 16648
N.R.L.N. 85 of 1960.
CRIMINAL PROCEDURE (HADDI LASHING) ORDER
under section 307
Date of Commencement: 30th September, 1960
Short title.
1. This Order may be cited as the Criminal Procedure (Haddi Lashing) Order.
Method of infliction of Haddi lashing.
2. Every sentence of symbolic Haddi lashing (hereinafter referred to as “the punishment”) shall be inflicted in accordance with the rules contained in the Schedule to this Order.
Paragraph 2.
SCHEDULE
Rulesfor the infliction of symbolic Haddi Lashing
1. The punishment shall be administered in an enclosed space to which the public has a right of access or can be admitted for the occasion.
2. The punishment shall be administered with a soft single-thonged leather whip, and not with a hide whip or a club or cane.
3. The person who administers the punishment must be of moderate physique. He must hold the whip with the third, fourth and fifth fingers of the right hand. The thumb and index finger must not grasp the whip. The index finger must be folded to touch the palm and the thumb should cover the index finger. (This grip is known as the “Uguda Tissein”). He must adopt a striking position with the right foot advanced and must not raise his striking arm above the shoulder. To ensure that he does not do so, a book or similar object shall be placed under the right armpit of the striker and shall be kept there by him throughout the period of the administration of the punishment.
4. The punishment must not be heavy, and serious physical injury must be avoided. The punishment must be administered on the shoulders and back only and must not cause lacerations or wounds.
5. In considering whether to order any, and if so how much, of the punishment a court must take into consideration the health of the person to be punished and the season of the year.
N.R.L.N. 86 of 1960.
CRIMINAL PROCEDURE (PUNISHMENT ON
SUMMARY CONVICTION) ORDER
under section 157 Date of Commencement: 30th September, 1960
Short title.
1. This Order may be cited as the Criminal Procedure (Punishment on Summary Conviction) Order.
Maximum imprisonment Maximum imprisonment under section 157 of the Act. Schedule.
2. Each class of court specified in the first column of the Schedule to this Order may impose a sentence of imprisonment Maximum imprisonment not greater than that specified opposite thereto in the second column of that Schedule on a person in respect of a conviction under section 157 of the Act.
Maximum fine on conviction under section 157 of the Act.
3. Each class of court specified in the first column of the Schedule to this Order may impose a fine not greater than that specified opposite thereto in the third column of the Schedule on any person in respect of a conviction under section 157 of the Act.
Paragraph 2.
SCHEDULE
| Class of Court | MaximumImprisonment | Maximum Fine |
| Court of Chief Magistrate | 2 years | Four hundred naira |
| Court of magistrate of the first class | 1 year | Two hundred naira |
| Court of magistrate of the second class | 9 months | One hundred naira |
| Court of magistrate of the third class | 3 months | Sixty naira |
N.R.L.N. 106 of 1960.
CRIMINAL PROCEDURE (STATEMENTS TO POLICE
OFFICERS) RULES
under section 373 –
Date of Commencement: 30th September, 1960
Short title.
1. These Rules may be cited as the Criminal Procedure (Statements to Police Officers) Rules.
Questions by police officer.
2. When a police officer is endeavoring to discover the author of a crime, he may put questions in respect thereof to any person, whether suspected or not, from whom he thinks that useful information can be obtained.
Caution to be given when complaint to be made.
3. Whenever a police officer has decided to make a complaint against a person before a court, he shall first caution such person before asking him any question, or any further question as the case may be.
Form of caution. Schedule. 5.
4. A caution under these rules shall be in the form set out in the Schedule to these Rules.
Statement to before time for caution.
5. Where a person, against whom a police officer has decided to make a complaint, makes a statement before there is time caution him he shall be cautioned as soon as possible thereafter.
Person making statement not be cross- examined.
6. A person against whom a police officer has decided to make a complaint and who makes a voluntary statement shall not be cross-examined, and no question shall be put to him about such statement except for the purpose of removing ambiguity in what he has actually said.
Statements by two or more persons.
7. (1) When a police officer has decided to make the same complaint against two or more persons and their statements are taken separately, the police officer shall not read such statements to the other person or persons, but each of such persons shall be given by the police officer a copy of such statements and nothing shall be said or done by the police to invite a reply.
(2) Where the person is an illiterate, the statement may be read over or interpreted to him apart by some person other than a police officer and anything said to such reader by such person when the statement is read shall not be admissible in evidence against him.
(3) If such a person desires to make a statement in reply, a caution shall be administered.
Statements to be taken down in writing.
8. A statement made in accordance with these rules shall, whenever possible, be taken down in writing and signed by the person making it after it has been read to him and he has been invited to make any corrections he may wish.
Statements as evidence. Cap. 11 2.
9. Except as provided in the Evidence Act, no statement made to a police officer by a person against whom he has decided to make a complaint shall be admissible in evidence in any court unless such statement is made in accordance with these Rules.
Rule 4.
SCHEDULE
Caution
“I have decided to make a complaint against you before a court. Do you wish to make a statement? You are not obliged to say any thing unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence.”
N.R.L.N. 110 of 1960.
CRIMINAL PROCEDURE CODE RULES
under section 373
Date of Commencement: 30th September, 1960
Short title.
1. These rules may be cited as the Criminal Procedure Code Rules.
Fees and allowances. First Schedule.
2. The fees and allowances to be charged for or in respect of acts or things done under the Criminal Procedure Code shall be in accordance with the scales of fees and allowances set out in the First Schedule to these Rules.
Fees not payable by Government, etc.
3. (1) No fees payable under these rules are to be payable in respect of any proceedings where such fees would be payable by the Government or a local government authority.
(2) Notwithstanding the provisions of paragraph (1) of this rule, when any person is ordered to pay the costs of the State or of the Government or a local government authority in any case, all fees which would have been payable but for the provisions of paragraph (1) of this rule shall be payable and shall be recover- able from such person.
Magistrate may waive payment of fees and allowances.
4. Notwithstanding anything contained in these rules a magistrate may in any proceeding order that any fees and allowances payable under these rules shall be waived or remitted either wholly or in part when owing to the poverty of the party or other reasonable cause it appears desirable that such waiver or remission should be made.
High Court may waive payment of fees and allocations.
5. The High Court may order that any fees and allowances payable under these rules shall be waived or remitted either wholly or in part owing to the poverty of the party or other reasonable cause-
(a) as to fees set out in Part I and allowances in Part 11 of the First Schedule to these Rules, of its own motion or on application by the accused person; and
(b) as to fees set out in Part III of the First Schedule to these Rules, on application by the accused person provided that where the appeal is from a magistrate’s court the application has first been made to a magistrate and been refused.
Forms. Second Schedule.
6. The forms of process, warrants, summonses, orders of court, bond, notices, certificates and receipts made or issued under the Criminal Procedure Code shall be in the appropriate forms set out in the Second Schedule to these Rules or to the like effect.
Returns of cases by magistrates.
7. (1) The Chief Judge may direct any magistrate to forward to him or to any Judge of the High Court a return of any case heard and decided by such magistrate.
(2) Such return shall set out the title and number of the case, the offence with which the accused was charged and the sentence, if any, imposed by the court.
Rules 2 and 5
FIRST SCHEDULE
FEES AND ALLOWANCES
Part 1.—Fees for Miscellaneous Services
N . k
For preparing a copy where authorised: per folio of 72 words or part thereof 0.8
For every summons to witness
0.50
For swearing an affidavit 0.50
For marking any paper annexed to an affidavit or declaration 0.10
For certifying a copy as a true copy: per folio of 72 words or part thereof 0.8
On every petition to a court or registrar unless waived by the court or registrar 0.30
For the service of any document or process-
Initial fee (plus mileage) 0.20
(a) If not more than one mile from the court. 0.20
(b) lf more than one mile but not more than five: per mile 0.10
(c) If more than five miles: per day or part thereof needed for travelling 0.50
Part II.-Allowances to Witnesses
Professional man, mercantile agent, bank manager, chief surveyor, and any officer of the public service whose salary is not less than N2,000
a year 3.00
per day
Merchant, mercantile assistant and any officer in the public service whose salary is N1,000 or more but less than N2,000-
From 1.50
per day
To 3.00
per day
Auctioneer, master tradesman, pilot and the like-
From 0.75
per day
To 1.50
per day
Officer or employee in the public service whose salary is less than N1,000-
From 0.20
per day
To 1.50
per day
Artisan, journeyman, and the like 0.40 per day
Domestic servant, Labourer, canoeman and the like 0.20 per day
Woman, according to station-
From 0.10
per day
To 3.00
per day
Note-No allowance is made to an officer in the Public Service who is summoned as a witness by the prosecution.
Part III.-Fees payable in Criminal
Appeals from Magistrates’ Courts
N k On giving notice of appeal (to include recording thereof where given orally) 0.50 On filing memorandum of grounds of appeal
1.00
For copies of proceedings: per folio of 72 words or part thereof 0.50
Notes-(I) Where an officer serves more than one document or writ on the same route one mileage rate only is to be charged, and apportioned upon the documents or writs.
(2) Where the sheriff, deputy sheriff or a registrar executes any duty in person by direction of the Court he is entitled, instead of mileage fees, to his actual expenses and such traveling allowance as the Court may allow.
(3) When a service is rendered by a person who is not an officer of the Court or in the service of the Government or of a native authority or native court the Court may direct that the fee paid for such service be paid out of revenue to the person who has rendered the service.
(4) In addition to the above fees, the party on whose behalf such services are to be performed shall be liable to pay such expenses of transport as the Court may think reasonable. For the performing of any other duty not herein expressly provided for the officer may receive such fee as the Court may allow.
(5) Fees and allowances payable to an officer in the Public Service shall be paid into revenue unless otherwise ordered.
Rule 6
SECOND SCHEDULE JUDICIAL FORM 1
Serial No……………………………………
Section 117(t), C.P.C.
FIRST INFORMATION REPORT
Province or L.A …………….. Station ….…………… Time ………………. Date ………………….
To ……………………………………………… Court
Nature of Information
…………………………………………………………………………………………….
……………………………………………………………………………………………………………….
……………………………………………………………………………………………………………..
…………………………………………….……………………………………………………………….
……………………………………….
Read over to informant by me ………………………………………… Signature …………………….
Signature of Informant
.…………………………………….
Directions of Officer i/c Police Station. (If case refused state reasons) ……..………………..
….….……………………………………………………………………………………………………… ……………..
…………………………………………………………………………………………………………….. ……………..
………..…………………………………………………………………………………………………… ……………..
……………..………………………………………………………………………………………………
…………….. Signed ………………………… Rank ………………………………….. Date F.I.R. submitted to J.P./Court .…………………….. Signed ..………………………………….
Authorised Police Officer.
Date warrant issued (if any)
………………………………………..………………………………………… Name, age,
occupation and address of person(s) arrested ……..……………………………….…
………………………………………………………………………………………………………….… …………….
………………………………………………………………………………………………….…………… …………
……………………………………………………………………………………………………………. ……..……….
……………………………………………………………………………………………………………. …..………….
Date accused brought before Court ………………………. Signed ………………………………….
Rank and Number
………………………………………….
Court’s orders regarding investigation (if any)
…………………………………………………………
Court File No
…………………………………………………
Court Trial No
………………………………………………..
Signed
………………………………………………………….
Magistrate or President of Court
…………………………
Date …………….…………………
Sections 47, 154, C.P.C.
JUDICIAL FORM 2 FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No ………………………. /19 …….…..
Between …….……………………………………………………………………………………..
Complainant and
…………………………………………………………………………………………… Defendant
SUMMONS TO AN ACCUSED PERSON
To ……………………………………………………… of ……………………………………………………..
WHEREAS your attendance is required to answer to a charge of
……………………………… [state the offence concisely with time and place] you are hereby summoned to appear in person before ………………………………. at
………………………… on the ………………… day of ……………………………………….. 19 ………, at ………………… o’clock.
DATED this …………………………………… day of …………………………….. 19 …….. .
………………………………………………
…..
Signature or Seal
Sections 47, 158,163, etc., C.P.C.
JUDICIAL FORM 3 FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of ………………………….………………….
Case No ……………….…… /19 ………
Between …………………………………………………………………………………………..
Complainant
and
………………………………………………………….………………………………………..
Defendant
SUMMONS TO A WITNESS
To …………………………………………………………. of
…………………………………………………….. WHEREAS complaint has been made before me that……………………………….……………Of ………………………. has [or is suspected to have] committed the offence of ……………………. [state the offence concisely with time and place] and it appears likely that you can give material evidence:
You are hereby summoned to appear before ……………………….. at ………………………. on the ……………………………. day of …………………………. at ……………………….
O’clock to testify what you know concerning the matter of the said complaint and not to depart thence without permission; and you are hereby warned that if you shall without just excuse fail to appear on the said date, a warrant will be issued to compel your attendance.
DATED this …………………………………… day of …………………………….. 19 ………..
………………………………………………
……
Signature or Seal
Sections 56, 57,70,154, C.P.C.
JUDICIAL FORM 4
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No ………………………. /19 ………..
Between ….……………………………………………………………………………………….
Complainant
and
………………………………………………………………………………………………..
Defendant
WARRANT OF ARREST OF PERSON ACCUSED
To …………………………………………………………………………………………………….
[name and designation of the person who is to execute the warrant]:
WHEREAS …………………… of …………………………… stands charged with the offence of ……………………………… [state the offence concisely with time and place] you are hereby directed to arrest the said ……………………………………….. and to produce him before me.
DATED this …………………………………… day of …………………………….. 19 ……….
………………………………………………
……
Signature or Seal
This warrant may be endorsed as follows-
If the said ………………………………. [shall give bail himself in the sum of N
……………. with one surely in the sum of N ……………. [or ……………………… sureties each in the sum of N……………] to attend before me at ………………………… on the
…………………………… day of …………………………. next and to continue so to attend until otherwise directed by me, he may be released.
DATED this …………………………………… day of ……………………………… 19 …….. .
……………………………………………………….
Signature or Seal
Sections 70, 163, C.P.C.
JUDICIAL FORM 5
FEDERAL CAPITAL TERRITORY, ABUJA
In the ….……………………………………………… Court of …………………………………………….
Case No .……………………….. /19 ………
Between …………………………………………………………………………………………..
Complainant
and
……………………………………………………………………………………………… Defendant
See Section 70.
WARRANT TO BRING UP A WITNESS
To ………………………………………………………………………………. [name and designation of the person who is to execute the warrant]:
WHEREAS complaint has been made before me that
………………………………………….. of …………………………………………… has [or is suspected to have] committed the offence of
.……………………………………………………………………………. [State the offence
concisely with time and place] and it appears likely that
………………………………………………………………. [name, address and description of
witness] can give evidence concerning the said complaint; and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so:
This is to authorise and require you to arrest the said
………………………………………….. and on the ……………………………. day of ……………………………… to bring him before the Court to be examined touching the offence complained of.
DATED this …………………………………… day of …………………………….. 19 ………..
……………………………………………… ……
Signature or Seal
Section 67 C.P.C.
JUDICIAL FORM 6
FEDERAL CAPITAL TERRITORY, ABUJA
In the …..………………………………………………… Court of ………………………………………………
Case No ……………………… /19 ………
Between ……………………………………………………………….………………………….
Complainant
and
………………………………………………………….………………………………………
Defendant
PUBLIC SUMMONS BY JUDGE OF THE HIGH COURT REQUIRING THE
APPEARANCE OF A PERSON ABSCONDING
WHEREAS a wan-ant of arrest has been issued against
…………………………………………….. and it has been returned to the said warrant that it cannot be executed:
AND WHEREAS I believe that the said ………………………………………… has absconded for is concealing himself so that such warrant cannot be executed]:
Public Summons is hereby published requiring the said ………………………………….. to appear at ………………………… before ………………………… within ……………………………. days from this date.
DATED this …………………………………… day of …………………………….. 19 …………
Signature ……………………………………………………
Judge of the High Court
Section 68- C.P.C.
JUDICIAL FORM 7 FEDERAL CAPITAL TFRRITORY, ABUJA
In the ………………..…………………………………. Court of ……………………………………………. Case No ……………………….. /19 ……..
Between ………………………………………………………..…………………………………
Complainant
and
………………………………………………………….……………………………………. Defendant
ORDER OF ATTACHMENT BY JUDGE OF THE HIGH COURT OF PROPERTYOF
PERSON ABSCONDING
To ………………………………………………………………………………. [name and designation of person who is to attach property]:
WHEREAS a warrant of arrest has been issued against ……………………………….. and it has been returned to the said warrant that it cannot be executed:
AND WHEREAS I believe that the said ………………………………………… has absconded for is concealing himself so that such warrant cannot be executed]:
AND WHEREAS a Public Summons was duly issued on the ……………………………. day
of ………………………… 19 …….. requiring the said ………………………………………. to appear at ………………………… before ……………………… within ……………………..
day and he has not appeared:
This is to authorise and require you to seize and attach the movable and immovable property belonging to the said ……………………………………… which you may find within the Federal Capital Territory, Abuja and to hold the said property under attachment pending my further order and to return this order with an endorsement certifying the manner of its execution.
DATED this …………………………………… day of ………………………………. 19 …..…… Signature
………………………………………………………
Judge of the High Court
Section 73, C.P.C.
JUDICIAL FORM 8
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of ……………………………………………….
Case No ………..…………………. /19 ………..
Between ……………………………………………………………………………………………
Complainant
and
………………………………………………………….……………………………………..
Defendant
SUMMONS TO PRODUCE DOCUMENT OR OTHER THING
To ……………………………………………………….. of
………………………………………………………. WHEREAS information has been laid [or complaint has been made] before me of the
commission [or suspected commission] of the offence
of……………………………………….. [state the offence concisely with time and place] and it has been made to appear to me that you have in your possession or power ………………………. [describe the document or thing as clearly as possible] the production of which is necessary for the purpose of the inquiry now being made [or about to be made or of the trial]:
You are hereby summoned to appear before me at ……………………………………. on the
………………………… day of …………………….. next at ……………….. O’clock and to produce the said and not to depart thence without permission.
DATED this …………………………………… day of …………………………….. 19 …….. .
……………………………………………………….
Signature or Seal
Sections 74, 76, C.P.C.
JUDICIAL FORM 9 FEDERAL CAPITAL TERRITORY, ABUJA
In the ……………………………………………………. Court of …………….………………………………..
Case No …………………………. /19 ……….
Between ……………………………………………………………………………………………
Complainant
and
………………………………………………………….……………………………………………
Defendant
WARRANT TO SEARCH
To …………………………………………………………………………………………………….
[time and designation of the person who is to execute the warrant]:
WHEREAS complaint has been made before me of the commission [or suspected
commission) of the offence of ……………………………………… [state the offence concisely with time and place] and it has been made to appear to me that a search and inspection would further the purposes of the investigation [or inquiry or trial] held [or about to be held] into the said offence [or suspected offence]:
This is to authorise and require you to search …………………………………………. [specify the place or places to be searched] for ……………………………………. [specify the thing for which search to be made] and if such is found to produce the same forthwith before …………………………. and to return this warrant with an endorsement certifying what you have done under it immediately upon its execution.
DATED this …………………………………… day of …………………………….. 19 ………..
……………………………………………………….
Signature or Seal
Section 77, C.P.C.
JUDICIAL FORM 10 FEDERAL CAPRTAL TERRITORY, ABUJA
In the ………………………………………………….. Court of ………………………………………….….
Case No ………………………… /19 …………
Between ……………………………………………………………………………………….
Complainant
and
………………………………………………………………………………………………. Defendant
WARRANT TO SEARCH FOR PERSON WRONGFULLY CONFINED
To …………………………………………………………………….. [name and designation of person who is to execute the warrant]:
WHEREAS information has been laid before me and on due inquiry thereon I have been led to believe that ………………………… is wrongfully confined:
This is to authorise and require you to search generally [or specify the house or place to be searched] for the said …………………………………… and if he is found to produce him forthwith before me returning this warrant with an endorsement certifying what you have done under it immediately upon its execution.
DATED this …………………………………… day of …………………………….. 19 ……………
……………………………………………………….
Signature or Seal
Section 88- C.P.C.
JUDICIAL FORM 11
FEDERAL CAPITAL TERRITORY, ABUJA
in the ……………………………………………………. Court of ……………………………………………..
Case No ………………………….. /19 ………..
Between …………………………………………………………………………………………….
Complainant
and
………………………………………………………….………………………………………
Defendant
SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE
PEACE, ETC.
To ………………………………………………… of ………………………………………………………….
WHEREAS it has been made to appear to me by credible information that
…………………………….. [state the substance of the information] and that you are likely to commit a breach of the peace or to disturb the public peace [or to commit an illegal act which may probably cause a breach of the peace or disturb the public peace]:
You are hereby summoned to attend in person at ……………………………………. on the
…………… day of ………………………… 19 …….. at ……………….. O’clock to execute a bond for N ………………….. [when sureties are required, add] and also to give security by the of one [or more as the case may be] surety [or sureties] who shall be ……………………… [state character and class of surety required] in the sum of N……. [each if more than one] that you will keep the peace and refrain from illegal acts likely to disturb the public peace for the period of …………………. or to show cause why you should not execute such bond [and give such security].
DATED this …………………………………… day of …………………………….. 19 ………..
………………………………………………………
Signature or Seal
Section 89- C.P.C.
JUDICIAL FORM 12
FEDERAL CAPRFAL TERRITORY, ABUJA
In the ………………………………………………….. Court of ………………………………………………..
Case No ……………………..…. /19 ……..
Lambar Shari’a
Between …………………………………………………………………………………………
Complainant
and
……………………………………………………………………………………..………….
Defendant
SUMMONS ON INFORMATION THAT A PERSON IS AN HABITUAL
OFFENDER
TO ……………………………………………………. of ………………………………………………………….
Section 89- C.P.C.
WHEREAS it has been made to appear to me by credible information that
……………………
[state the substance of the information]:
You are hereby required to attend in person at
………………………………………………….. on the …………… day of
……………………….. 19 …….. at ………………. O’clock to execute a bond for N ………………… and also to give security by the bond of one [or more as the case may be] surety for sureties] who shall be ………………………………… [state character and class of surety required] in the sum of N ……………………….. [each if more than one] that you will be of good behaviour for the term of ……………….. or to show cause why you should not execute such bond [and give such security].
DATED this …………………………………… day of …………………………….. 19 …………
………………………………………………
……
Signature or Seal
JUDICIAL FORM 13
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No ………………………… /19 ……..
Between ……………………………………………………………………………………………
Complainant
and
………………………………………………………………………………………………….
Defendant
WARRANT OF ARREST ON INFORMATION OF PROBABLE BREACH
OF THE PEACE
To ……………………………………………………………………………. [name and designation of the person who is to execute the warrant]:
WHEREAS it has been made to appear to me by credible information that
…………………………….. [state the substance of the information] and that a breach of the peace or disturbance of the public peace cannot be prevented otherwise than by the immediate arrest of ………………………………..:
This is to authorise and require and require you to arrest the said …………………… and to bring him before me with this warrant forthwith that he may show cause why he should not be required to enter into a bond for 44 ………………. [when sureties are required add] and also to give security by the bond of one for more as the case may be] surety [or sureties] who shall be [state character and class of surety required] in the sum of N [each if more than one] that he will keep the peace and refrain from illegal acts likely to disturb the public peace for the period of
………………………………….……
DATED this …………………………………… day of ………………………………………. 19 ………
……………………………………………………….
Signature or Seal
Section 104- C.P.C.
JUDICIAL FORM 14
FEDERAL CAPITAL TERRFRORY, ABUJA
In the ………………………………………………….. Court of ……………………………………………….
Case No ………………………… /19 ………..
Between ……………………………………………………………………………………………
Complainant
And
da
.……………………………………………………………………………………………………
Defendant
ORDER FOR THE REMOVAL OF NUISANCES
To …………………………………………………………………. [name, address and
description]: WHEREAS it has been made to appear to me that you have caused nuisance [or danger]
by committing an offence under section …………………………………. of the Penal Code of ……………………………………. [state what it is in which the nuisance or danger consists] and that such nuisance [or danger] still exists:
I do hereby direct and require you within …………………………………….. [state the time
allowed] to ………………………………………. [state what is required to be done to abate the nuisance or remove the danger] or to appear before this court on the
……………………….. day of ………………………… next at ……………… O’clock and to apply to have this order set aside or modified.
DATED this …………………………………… day of …………………………….. 19 …..……
……………………………………………………….
Signature or Seal
Section 111- C.P.C.
JUDICIAL FORM 15
FEDERAL CAPFRAL TERRFRORY, ABUIA
In the ……………………………………………….…… Court of ……..……………………………………….
Case No. ………………….. /19 ……..
Between ……………………………………………………………………………………………
Complainant
and
……………………………………………………………………………………..……….. Defendant
ORDER PROHIBITING THE REPETITION OF A NUISANCE
To …………………………………………………………………. [name, address and
description]: WHEREAS it has been made to appear to me that you have caused
nuisance by committing an offence under section …………………………………….. of the Penal Code by ……………………………… [state the nuisance]:
I do hereby order and enjoin you not to repeat the said nuisance by again [as the case may be] or causing or permitting [as the case may be].
DATED this …………………………………… day of …………………………….. 19 ………
……………………………………………………….
Signature or Seal
Section 57- C.P.C.
JUDICIAL FORM 16
FEDERAL CAPITAL TERRITORY. ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No ………………………….. /19 ……..
Between ……………………………………………………………………………………………
Complainant and da
….……………………………………………………………………………………………..
Defendant
BOND AND BAIL BOND AFTER ARREST UNDER A WARRANT
I,. …………………………….. of …………………………….. being arrested under a warrant issued to compel my attendance to answer t o the charge of
……………………………………. do hereby bind myself to attend at the court of
………………………………………………. on the ……………………….. day of
………………………. next to answer to the said charge and to continue so to attend until otherwise directed by the court and in case of my making default herein I bind myself to forfeit to the Government the sum of N …………………
DATED this …………………………………… day of ……………………………. 19 ………..
………………………………………………………
Signature or Seal
I hereby declare myself [or We jointly and severally hereby declare ourselves and each of us] surely [or sureties] for the said ……………………………… that he shall attend at the court of …………………………………….. on the ………………. day of ……………………………….. next to answer to the charge on which he has been arrested and shall continue so to attend unless otherwise directed by the Court and in case of his making default therein I bind myself [or we bind ourselves] to forfeit to the Government the sum of N ………………….
DATED this …………………………………… day of …………………………….. 19 ………
……………………………………………………….
Signature or Seal
Section 41- C.P.C.
JUDICIAL FORM 17
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No …………………………. 119 ……..
Between ………………………………………………………………………………………….
Complainant
and
da
………………………………………………………………………………………………….
Defendant
BOND AND BAIL BOND DURING INVESTIGATION
I. …………………………….. of …………………………….. being arrested under a warrant accused of the offence of …………………………………. [state the offence concisely with time and place] and being called upon to enter into a bond to appear when required do hereby bind myself to appear at …………………………………………. on any day on which I may hereafter be required to appear to answer further to the said charge and in case of my making default herein I bind myself to forfeit to the Government the sum of to
……………….. .
DATED this …………………………………… day of …………………………….. 19 ………
……………………………………………………….
Signature or Seal
I hereby declare myself for We jointly and severally hereby declare ourselves and each
of us) surety [or sureties) for the said ……………………………………………. that he shall appear at ……………………………….. on any day on which he may hereafter be required to appear to answer further to the charge pending against him and in case of his making default therein I bind myself for we bind ourselves] to forfeit to the Government the sum of N …………………… .
DATED this …………………………………… day of …………………………….. 19 ………
……………………………………………… .
Signature or Seal
Sections 340, 345–C.P.C. Kashi na 340, 345-C.P.C.
JUDICIAL FORM 18
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………I…………………………………………. Court of …………………………………………….
Case No ………………………….. /19 ……..
Between …………………………………………………………………………………………
Complainant
and
………………………………………………………………………………………..……. Defendant
BOND AND BAIL BOND UNDER CHAPTER XXIX
I,. …………………………………. of …………………………………. being arrested [or
detained] without warrant by the officer in charge of the police station at
………………………………. [or appearing or being brought before
…………………………….. I accused of the offence of …………………… [state the offence concisely with time and place] and being required to give security for my attendance do hereby bind myself to attend at ………………………….. on the ………………………. day of ……………………….. 19 …….., at ……………….. O’clock and to continue so to attend until otherwise directed and in case of my making default herein I bind myself to forfeit to the Government the sum of N …………………
DATED this …………………………………… day of …………………………….. 19 ………
………………………………………………. ..
Signature or Seal
I hereby declare myself [or We jointly and severally hereby declare ourselves and each of us] surety [or sureties] for the said …………………………………….. that he shall
attend at ………………………………….. on the ……………………….. day of
……………………. 19 …….. and shall continue so to attend until otherwise directed and in case of his making default therein I bind myself [or we bind ourselves] to forfeit to the Government the sum of N ………………..
DATED this …………………………………… day of …………………………… 19 ………
……………………………………………………….
Signature or Seal
Sections 132, 178, C.P.C.
JUDICIAL FORM 19
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
A Kotun
Case No …………………………… /19 ……..
Between …………………………………………………………………………………………
Complainant
and
da
…………………………………………………………………………………………………..
Defendant
BOND TO PROSECUTE OR GIVE EVIDENCE
I, ……………………………… of …………………………….. do hereby bind myself to attend at ………………………… before [state court] at ……………….. O’clock on the ……………………… day of ……………………. next and then and there to prosecute [or to prosecute and give evidence or to give evidence] in the matter of a charge of
………………………………………. against one ……………………….. and in case of making default therein I bind myself to forfeit to the Government the sum of N
……………….. .
DATED this …………………………………… day of …………………………….. 19 ………
………………………………………………………
Signature or Seal
Sections 87, 93-C.P.C.
JUDICIAL FORM 20
FEDERAL CAPITAL. TERRITORY. ABUJA
In the …………………………………………………. Court of …………………………………………….
Case No ………………………….. /19 ……..
Between ………………………………………………………………………………………….
Complainant
and
da
……………………………………………………………………………………………………
Defendant
BOND TO KEEP THE PEACE OR TO BE OF GOOD BEHAVIOUR
WHEREAS I, …………………………………. of …………………………………. have been called upon to enter a bond to keep the peace [or as the case may be] for the period of
………………………….
DATED this …………………………………… day of …………………………….. 19 ……….. .
……………………………………………………….
Signature or Seal [Where a bond with sureties is to be executed, add]
WE …………………………………. of ………………………………… and
………………………………. of ………………………………… do hereby declare ourselves sureties for the above-named ………………………………… that he will [continue as in the bond] and in case of his making default therein we bind ourselves jointly and severally to forfeit to the Government the sum of N ……………….. .
DATED this …………………………………… day of …………………………….. 19 …….. .
……………………………………………………….
Signature or Seal
Section 354- C.P.C.
JUDICIAL FORM 21
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of ……………………………………………. Case No ………………………. /19 ……..
Between .…………………………………………………………………………………………
Complainant
and
…………………………………………………………………..……………………………….
Defendant
NOTICE TO PRINCIPAL OF FORFEITURE OF A BOND
To …………………………………………………………………. [name, address and
description]: WHEREAS on the …………………………………. day of
……………………………….. 19 …… you entered into a bond to [as in the bond] and proof of the forfeiture of the same has been given before me and duly recorded:
You are hereby called upon to pay the said sum of N…………………… or to show cause before me within ……………….. days why it should not be paid.
DATED this …………………………………… day of …………………………….. 19 …….. .
………………………………………………………. .
Signature or Seal
Section 354- C.P.C.
JUDICIAL FORM 22
FEDERAL CAPITAL TERRITORY. ABUJA
In the ………………………………………………….. Court of ……………………………………………. Case No ………………………. /19 ……..
Between .…………………………………………………………………………………………..
Complainant
and
…………………………………………………………………………………………… Defendant
NOTICE TO SURETY OF FORFEITURE OF A BOND
To …………………………………………………………………. [name, address and description]: WHEREAS on the ……………………………….. day of
……………………………….. 19 ….. you became surety by a bond in the sum of
N…………… for ……………………………… [name of principal] that he should [as in the bond] and bound yourself in default thereof to forfeit the sum of N ……………….. to the Government:
And whereas the said ………………………………… [principal] has [state what principal has done to cause forfeiture] by reason of which the said sum of N ……………….. has become forfeited:
You are hereby required to pay the said sum of N……………….. or show cause within ……………….. days why it should not be paid.
DATED this ……………………………………. day of …………………………….. 19 …….. .
……………………………………………………….
Signature or Seal
Section 354- C.P.C.
JUDICIAL FORM 23
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No …………………………. /19 ……..
Between …………………………………………………………………………………………
Complainant
and
………………………………………………………….………………………………………
Defendant WARRANT TO SEIZE AND SELL THE MOVABLE PROPERTY OF THE PRINCIPAL AFTER FORFEITURE OF A BOND
To ……………………………………………………………………………………………….. [the person who is to execute the warrant]:
WHEREAS on the ……………………………….. [name, address and description] did on the …………… day of ……………………………….. 19 ………. enter into a bond for the sum of N……………….. binding himself [as in the bond] and proof of the forfeiture of the Said bond has been given before me and duly recorded. And whereas notice has been given to the said ……………………………………………. calling upon him to show cause why the said sum should not be paid and he has failed to do so or to pay the said sum:
This is to authorise and require you to seize the movable property belonging to the said
…………………………………………… which you may find within the Federal Capital
Territory, Abuja …………………………… and if the said sum be not paid within ……………….. days to sell the property so seized or so much of it as may be sufficient to realise the said sum and to make return of what you have done under this wartant immediately upon its execution.
DATED this ………………………………….. day of …………………………….. 1 9…….. .
………………………………………………
…..
Signature or Seal
Section 354- C.P.C.
JUDICIAL FORM 24
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No ………………………… /19 ……..
Between …………………………………………………………………………………………
Complainant
and
……………………………………………………………………………………………………..
Defendant WARRANT TO SEIZE AND SELL THE MOVABLE PROPERTY OF A SURETY AFTER FORFEITURE OF A BOND
To ……………………………………………………………….. [the person who is to execute the warrant]:
WHEREAS on the ……………………………….. [name, address and description] did on the
…………… day of ……………………………….. 19 ………. become surety by a bond in the sum of N ……………….. for ………………………. [name of principal] that he should [as in the bond] and proof of the forfeiture of the said bond has been given before me and duly recorded by reason of which he said ……………………………………………… [surety] has forfeited to the Government the sum of N ………………. and whereas notice has been given to the said ……………………………………. [surety] calling upon him to show cause why the said sum should not be paid and he has failed to do so or to pay the said sum:
This is to authorise and require you to seize the movable property belonging to the said
……………………………….. [Surety] which you may find within the Federal Capital
Territory, Abuja ………………………….. and if the said sum be not paid within ……………….. days to sell the property so attached or so much of it as may be sufficient to realise the said sum and to make return of what you have done under this warrant immediately upon its execution.
DATED this …………………………………… day of …………………………….. 19 …….. .
……………………………………………………….
Signature or Seal
Section 255- C.P.C.
JUDICIAL FORM 25
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No …………………………. /19 ……..
Between …………………………………………………………………………………………
Complainant
and
………………………………………………………….………………………………………..
Defendant
WARRANT OF COMMITMENT TO PRISON ON REMAND
Warrantin Aikawa da Mutum Kurkuku don Tsarewa
| Name of accused | Race or Tribe | Residence | Occupation |
To the official in charge of the prison at
………………………………………………………………..
WHEREAS the above-named person has been arrested and brought before me, accused
of the offence of ……………………….. (state the offence concisely with time and place):
You are hereby authorised and required to receive him and detain him in custody until further order, provided that, if no further order has been made as to his disposal before the ………………………….. day of …………………………. 19 …….. next, you shall
[deliver him to a police officer to] bring him before me with this warrant for an order as to his disposal.
DATED this …………………………………… day of …………………………….. 1 9…….. . ……………………………………………………….
Signature or Seal
Section 183- C.P.C.
JUDICIAL FORM 26
FEDERAL CAPITAL TERRITORY, ABLIJA
In the ………………………………………………….. Court of …………………………………………….
Case No ………………………… /19 ……..
Between …………………………………………………………………………………………..
Complainant
and
…………………………………………………………………………………………………….
Defendant
WARRANT OF COMMITMENT TO PRISON ON REMAND
Warrantin Aikawa da Mutum Kurkuku don Tsarewa
| Name of accused | Race or Tribe | Residence | Occupation |
To the official in charge of the prison at
………………………………………………………………..
WHEREAS the above-named person has been committed for trial on a charge of
……………………….. .
You are hereby authorised and required to receive him and detain him in custody until and during his trial and you shall bring him before the court with this warrant when required:
Provided that, if his trial has not commenced before the………………………………. day of ……………………….. 19 …….. *next you shall bring him before me with this warrant for an order as to his disposal.
DATED this …………………………………… day of …………………………….. 19 …….. .
……………………………………………………….
Signature or Seal
*Insert date not more than three calendar months after the date of the warrant.
Section 97- C.P.C.
JUDICIAL FORM 27
FEDERAL CAPITAL TERRITORY, ABUIA
In the ………………………………………………….. Court of …………………………………………….
Case No ………………………….. /19 ……..
Between ……………………………………………………………………………………………
Complainant
and
..……………………………………………………………………………………………. Defendant
WARRANT TO COMMITMENT TO PRISON ON FAILURE TO FIND SECURITYTO KEEP THE PEACE OR BE OF GOOD BEHAVIOUR
To the official in charge of the prison at
………………………………………………………………
WHEREAS on the ……………………………………. [name, address and description] or was brought] before me on the …………………. day of …………………………. 19 …….. in obedience to a summons [or having been arrested on a wan-ant) calling on him to show cause why he should not enter into a bond for N ………………… with one surety in N …………….. that he the said …………………………………….. would keep the peace [or as the case may be] for the period of ……………………………….. and whereas an order was then made requiring the said ………………………………………… to enter into and find such security [state the security when it differs from that mentioned in the summons or warrant] and he has failed to comply with the said order:
This is to authorise and require you to receive the said
……………………………………………. into your custody together with this wan-ant and to keep him safely in the said prison for the said period of ………………………. unless he shall in the meantime comply with the said order by himself and his surety [or sureties] entering into the said bond in which case the same shall be received and the said …………………………………………. released and to return this warrant with an endorsement certifying the manner of its execution.
DATED this …………………………………… day of …………………………….. 19 ………..
……………………………………………………….
Signature or Seal
Section 354- C.P.C.
JUDICIAL FORM 28
FEDERAL CAPITAL TERRFRORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No ………………………… /19 ……..
Between ……………………………………………….…………………………………………
Complainant
and
………………………………………………………….………………………………………..
Defendant WARRANT OF COMMITMENT TO PRISON OF PRINCIPAL AFTER FORFEITURE OF A BOND
To the official in charge of the prison at
…………………………………………………………….
WHEREAS on the ………………………………………………… [name, address and description] did on the …………… day of …………………………… 19 ………. enter into a bond for the sum of N……………….. and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas the said
…………………………………………… has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so and payment thereof cannot be enforced by execution against his property and an order has been made for the imprisonment of the said ……………………………………… for the period of ……………………….….
This is to authorise and require you to receive the said
……………………………………………. into your custody together with this wan-ant and to keep him safely in the said prison for the said period of …………………………….. and to return this warrant with an endorsement certifying the manner of its execution.
DATED this …………………………………… day of …………………………….. 1 9 ……….
………………………………………………………
Signature or Seal
Section 354- C.P.C.
JUDICIAL FORM 29
FEDERAL CAPITAL TERRITORY, ABUJA
In the …..………………………………………….. Court of ………….………………………………
Case No ……………………………. 119 ……..
Between ………………………………………………………………………………………….
Complainant
and
…………………………………………………………………………………………… Defendant
WARRANT OF COMMITMENT TO PRISON OF SURETY AFTER FORFEITURE OF A BOND
To the official in charge of the prison at
………………………………………………………………..
WHEREAS on the …………………………………… [name, address and description) did on the ………………. day of ……………………………. 19 …….. become surety by a bond in the sum of v………………. for ……………………………… [name of principal] and proof of
the forfeiture of the said bond has been given before me and duly recorded by reason of which the said ………………………………………….. [surety] has forfeited to the
Government the sum of N………………..; and whereas notice has been given to the said …………………………………. calling upon him to show cause why the said sum should not be paid and he has failed to do so or to pay the said sum, and payment thereof cannot be enforced by execution against his property and an order has been made for the imprisonment of the said ………………………………….. for the period of ………………………… .
This is to authorise and require you to receive the said
…………………………………………. into your custody together with this warrant and to keep him safely in the said prison for the said period of………………………. and to return this warrant with an endorsement certifying the manner of its execution.
DATED this …………………………………… day of …………………………….. 19 ………
………………………………………………
Signature or Seal
Section 302- C.P.C.
JUDICIAL FORM 30
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No ………………………… /19 ……..
Between …………………………………………………………………………………………
Complainant
and
…………………………………………………………………………………………… Defendant
WARRANT OF COMMITMENT TO PRISON AFTER SENTENCE OF
IMPRISONMENT
| Name of Prisoner | Race or sentence | Residence | Offence | Court awardingTribe | Particulars of sentence |
To the official in charge of the prison
at………………………………………………………………
WHEREAS on the ………………………….. day of ………………………. 1 9…….. the above-named prisoner was convicted of the above-stated offence [or offences] and sentenced to ………………………. [state punishment fully and distinctly and date of commencement of imprisonment]:
This is to authorize and require you to receive him into your custody together with this warrant and to carry out the said sentence [or sentences] of imprisonment according to law.
DATE]) this …………………………………… day of …………………………….. 19 …….. .
……………………………………………………….
Signature or Seal
Section 22, 306-C.P.C.
JUDICIAL FORM 31
FEDERAL CAPYRAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No…………………………… /19 ……..
Between ……………….I………………………………………………………………………..
Complainant
and
……………..I…………………………………………….……………………………….. Defendant
WARRANT OF COMMITMENT TO PRISON AFTER SENTENCE OF FINE
ONLY AND IMPRISONMENT IN DEFAULT OF PAYMENT
| Name of Prisoner | Race or sentence | Residence | Offence | Court awardingTribe | Particulars of sentence |
To the official in charge of the prison at
…………………………………………………………………
WHEREAS on the ………………………….. day of ………………………. 19 …….. the
above-named prisoner was convicted of the above-stated offence and sentenced to pay a fine of N……………….. and in default of payment of the said fine to imprisonment for a term of ………………………… and whereas he has failed to pay the said fine [or has paid only ……………….. of the said fine]:
This is to authorise and require you to receive him into your custody together with this warrant and to carry out according to law the said sentence of imprisonment [if part of fine has been paid or realised insert reduced to …………………….. by the aforesaid payment] commencing on the ……………… day of ………………………. 19 ……..
DATED this …………………………………… day of …………………………….. 19 ……..
……………………………………………………….
.
Signature or Seal
Section 315- C.P.C.
JUDICIAL FORM 32
FEDERAL CAPITAL TERRITORY. ABUJA
In the ………………………………………………….. Court of ………………………………………………
Case No…………………………… /19 ……..
Between .…………………………………………………………………………………………
Complainant
and
da
……………………………………………………………………………………………… Defendant
WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED
To the official in charge of the prison at
………………………………………………………………
WHEREAs as a court held before me on this day …………………………………………….. [name and description of the offender] in the presence [or view] of the court committed wilful contempt; and whereas for such contempt the said
…………………………………………… [name of offender] has been sentenced by the Court to pay a fine of N………………. or in default to suffer imprisonment for the term of ……………………… [state the term]:
This is to authorise and require you to receive the said
…………………………………………. [name of offender] into your custody together with
this warrant and to keep him safely in the said prison for the said term of …………………….. unless the said fine be sooner paid, and on the receipt thereof forthwith to set him at liberty returning this warrant with an endorsement certifying the manner of its execution.
DATEI) this …………………………………… day of …………………………….. 19 …….. .
……………………………………………………….
Signature or Seal
Section 318 C.P.C.
JUDICIAL FORM 33
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No………………………….. /19 ……..
Between …………………………………………………………………………………………
Complainant
and
………………………………………………………………………………………..……… Defendant
WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER
To the official in charge of the prison at
………………………………………………………………
WHEREAS ………………………………………….. [name and description] being summoned
[or
brought] before this court as a witness and this day required to give evidence concerning an alleged offence refused to answer a certain question [or certain questions] put to him concerning the said alleged offence without offering any reasonable excuse for such refusal and for his contempt has been sentenced to imprisonment [or to be detained in custody] for …………………….. days:
This is to authorise and require you to take the said ……………………….. [name] into custody and to keep him safely in your custody for the said term of
…………………………… days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, and on the last of the said days or forthwith on such consent being known to bring him before this court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution.
DATED this …………………………………… day of …………………………….. 19 …….. .
……………………………………………………….
Signature or Seal
Section 318- C.P.C.
JUDICIAL FORM 34
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No …………………………. /19 ……..
Between …………………………………………………………………………………………
Complainant
and
…………………………………………………………….…………………………………..
Defendant
WARRANT TO LEVY A FINE BY SEIZURE AND SALE OF MOVABLE PROPERTY
To ……………………………………………………….. [name and designation of the court who is to execute the warrant]:
WHEREAS on the ……………………………….. [name, address and description of offender] was on the ……………….. day of ……………………………… 19…….. convicted before me of the offence of ………………………………………….. [mention the offence concisely] and sentenced
to pay a fine of N ……………… and whereas the said
…………………………………………………… although required to pay the said fine has not paid it [or part thereof amounting to N …………….….:
This is to authorise and require you to seize any movable property belonging to the said ……………………………………………………… [name] which may be found within the local limits of your jurisdiction; and, if the said amount of N ……………… shall not be paid forthwith [or within ……………… days after such seizure], to sell the movable property so seized or so much thereof as shall be sufficient to satisfy the said amount, returning this warrant with an endorsement certifying what you have done under it immediately upon its execution.
DATED this …………………………………… day of ……………………………. 19…….. .
……………………………………………………….
Signature or Seal
Section 304, 354-C.P.C. Kashi na 304, 354-C.P.C.
JUDICIAL FORM 35
FEDERAL CAPITAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No ………………………….. /19 ……..
Between ………………………………………………………………………………………..
Complainant
and
…………………………………………………………………………………………… Defendant
WARRANT TO LEVY A FINE OR ENFORCE A BOND BY ATTACHMENT OF
DEBTS OR BY ATTACHMENT AND SALE OF IMMOVABLE PROPERTY
To ……………………………………………………….. (Court which is to execute the warrant]: WHEREAS on the ……………………………….. [name, address and description] was on the
……………….. day of ……………………………… 1 9…….. convicted before me of the offence of ………………………………. and sentenced to pay a fine of N ……………… and whereas the said …………………………………………….. although required to pay the said fine has not paid it [or part thereof amounting to N ……………… ]:
(or)
WHEREAS ………………………………………………… [name, address and description] did on the ……………… day of ……………………………………… 19 …….. enter into a bond for the sum of N ……………… and proof of the forfeiture of the same has been given before me and duly recorded; and whereas notice has been given to the said
……………………………………… calling upon him to show cause why the said sum should not be paid and he has failed to do so or to pay the said sum; [or a part of said sum amounting to -……………….]:
(or)
(ko)
To the official in charge of the prison at
………………………………………………………………….. WHEREAS the above-named person has been committed for trial on a charge of …………………………
You are hereby authorised and required to receive him and detain him in custody until and during his trial and you shall [deliver him to a police officer to] bring him before the court with this warrant when required:
Provided that, if his trial has not commenced before the……………………..……….. day of ……………………. 19 …….. *next, you shall [deliver him to a police officer to]* bring him before me with this warrant for an order as to his disposal.
……………………………………………………….
Signature or Seal *Insert date not more than three calendar months after date of the warrant. *Delete if not necessary.
JUDICIAL FORM 36
FEDERAL CAPFRAL TERRITORY, ABUJA
In the ………………………………………………….. Court of …………………………………………….
Case No …………………………… /19 ……..
Between …………………………………………………………………………………………
Complainant
and
…………………………………………………………………………………………… Defendant
ORDER TO PRODUCE PRISONER
To the keeper of the prison at
……………………………………………………………………………..
WHEREAS ……………………………………………………. a prisoner in custody is required to be produced before the ………………………. Court:
You are hereby required to [deliver him to a police officer to]* produce the said prisoner before the ……………………………. .
Court at …………………………….. on the …………………………… day of …………………………. 19 …….. at ……………… O’clock.
Issued at ……………………………… on the …………………….. day of ………………….. 19 ……..
……………………………………………………….
Signature or Seal
*Delete if not necessary.
JUDICIAL FORM 37
| Court……………………………….. *Membership ofCourt…………… | SUMMARY OF PROCEEDINGS IN CRIMINAL TRIAL (S. 395 Criminal ProcedureCode) | Serial number of case …….…… Date ofhearing…………………… | ||
| Accused | Complainant | |||
| Name | ||||
| Tribe or Nationality | ||||
| Residence | ||||
| Occupation | ||||
| Approximate age | ||||
Offence complained of with date and place and, when material, the value of the property in respect of which the offence has been committed.
…………………………………………………………………………………………………………….
……………………………………………………………………………………………………………. ……………………………………………………………………………………………………………. ……………………………………………………
*Members of Court must NOT change during hearing.
| Cap. 477. Questions to accused under the Area Courts Act. | Question I-What is your religion? ………………………………… ………………………………… ………………………………… | Question 2 (if necessary)-Do you consent to ………………………………………… ………………………………………… ………………………………………… |
| Action (if any) under the Area Courts Act | ………………………………………………………………. ………………………………………………………………. ………………………………………………………………. ………………………………………………………………. ………………………………………………………………. | |
Date of Arrest ……………………………………………………………………………… Date of Police Report or of Complaint …………………………………………………….
Names of Witnesses examined for the Prosecution ………………………………………..
……………………………………………………………………………………………………………. ……………………………………………………………………………………………………………. ……………………………………………………………………………………………………………. …………………………………………………… Plea of Accused (and explanation if any) …………………………………………………………………
……………………………………………………………………………………………………………. …………………………………………………………………………………………………………….
……………………………………………………………………………………………………………. …………………………………………………..
Names of Witnesses examined for Defence
……………………………………………………………….
……………………………………………………………………………………………………………. …………………………………………………………………………………………………………….
……………………………………………………………………………………………………………. …………………………………………………………………………………………………………….
…………………………………………………………………………………………………………….
…………………………………………………………………………………………………………….
…………………………………………………………………………………………………………
FINDING (in case of conviction the offence proved must be stated with a reference to the Penal Code or other Act or Law and a brief statement of the reason for conviction must be given).
……………………………………………………………………………………………………………. ……………………………………………………………………………………………………………. ……………………………………………………………………………………………………………. ……………………………………………………
SENTENCE OR OTHER FINAL ORDER
……………………………………………………………………………………………………………. ………………..
Date of Termination of Proceedings
………………………………………………………………….……..
………………………………………………………. ……..
Signature of President of Court
N.R.L.N. 11 8 of 1960.
CRIMINAL PROCEDURE (EXECUTION) RULES
under section 298 Date of Commencement: 30th September, 1960
Short title.
1. These Rules may be cited as the Criminal Procedure (Execution) Rules.
Form of Order for execution Schedule.
2. An order for the execution of a death sentence made under section 298 of the Criminal Procedure Code shall be in accordance with the form set out in the Schedule.
Rule 2
SCHEDULE
ORDER FOR EXECUTION
WHEREAS as the ………………………………………………………………………………….. holden at …………………… on the ……………………. day of ………………………………
19 …….. one …………………………………………………… was duly convicted of a capital offence and was sentenced to death:
AND WHEREAS the Council of State has decided not to recommend to the President that he should exercise any power conferred on him by section 161 of the Constitution of the Federal Republic of Nigeria 1999.
Now THEREFORE I do hereby order that the said sentence be carried out according to law, and that the said …………………………………………. be executed on the
………………………. day of …………………………… 19 …….. at ………………. hours at …………………………….. and that the body of the said ………………………………… be buried at ………………………… [or on such day, time and place as shall be specified by …………………………. and that the body of the said ……………………… be buried at such place as may be specified by the said ……………………………………….. ]* AND FOR SO DOING this shall he your Warrant.
GIVEN under my hand this ……………….. day of ………………………… 19 ……..
DATED this …………………………….. day of ……………………….. 19 …….. .
………………………………………………
..
President To:
*Delete whichever is not necessary.