ENUGU STATE GOVERNMENT

2017, NO. 1

THE ENUGU STATE ADMINISTRATION OF

CRIMINAL JUSTICE LAW, 2017

………………………..

A LAW TO MAKE PROVISIONS FOR THE

PROCEDURE TO BE FOLLOWED IN CRIMINAL
CASES IN THE HIGH COURT AND MAGISTRATES’
COURTS IN ENUGU STATE

………………………..

ENACTED BY

ENUGU STATE HOUSE OF ASSEMBLY

THIS 26TH DAY OF JANUARY, 2017
 2
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

THE ENUGU STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW

Arrangement of sections
Section

CHAPTER 1 - PRELIMINARY.
1. Citation and date of commencement and Transitional Provisions.
2. Interpretation.
3. Application.
4. Saving of other forms and procedure.
5. Construction of provisions relating to punishment.
6. Inter – State service of process.

CHAPTER 2 - ARREST.
7. Arrest how made.
8. Arrest in lieu prohibited
9. No unnecessary restraint.
10. Notification of cause of arrest and rights of the arrested person.
11. Search of arrested person.
12. Inventory of property of arrested person.
13. Examination of arrested person.
14. Search of place entered by person sought to be arrested.
15. Power to break out of any house for purpose of liberation.
16. Recording of arrest.
17. Arrested person to be taken at once to police station.
18. Central Criminal Record Registry.
19. Arrest by police officer without warrant.
20. Refusal to give name and residence.
21. Arrest by private persons.
22. Arrest by owners of property.
23. Arrest of person doing damage to public property.
24. Handing over of person Arrested by Private Person.
25. Offence committed in presence of a judge or magistrate.
26. Arrest by a judge or magistrate.
27. Arrest for offence committed in the presence of judge, magistrate or
justice of the peace.
28. When public is bound to assist in arrest.
29. Pursuit of offender into other jurisdictions.
30. Quarterly report of arrests to the Attorney-General by Commissioner of
Police.
31. Release on bail of a person arrested without warrant.
32. Power to release on bail before charge is accepted.
 3
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

33. Remedy of person detained in custody.

34. Police to report to supervising Magistrates.
35. Chief Magistrate to visit police stations every month.

CHAPTER 3 - WARRANTS.
PART A – WARRANT OF ARREST.
36. General authority to issue warrant.
37. Form and content of warrant of arrest.
38. Warrant issued on complaint to be in writing on oath.
39. Warrant may be issued on any day.
40. Warrant to whom directed and duration.
41. Warrant of arrest may in exceptional cases be directed to other persons.
42. Procedure for execution of warrants.
43. Power to arrest on warrant but without the warrant.
44. Court may direct particulars of security to be taken on execution of
warrant.
45. Procedure on arrest of persons outside Division or District of Court
issuing warrant.
46. Re-arrest of person escaping.
47. Provision of Sections 14 and 15 to apply to arrests under Section 46
48. Assistance to judge, magistrate or police officer.
49. Arrest on breach of recognizance for appearance.
50. Public summons for person absconding.
51. Publication of public summons.

PART B – SEARCH WARRANT: ISSUE AND EXECUTION.

52. Cases in which search warrants may be issued and application for
search warrant.
53. Discharge of suspected persons.
54. (1) Search warrant to be signed by the court or justice of peace.
(2) Duration.
55. Search warrant to whom directed.
56. Time when search warrant may be issued and executed.
57. Person in charge of closed place to allow access.
58. (1) Execution of search warrant outside jurisdiction.
(2) Magistrate may direct search in his presence.
59. Detention of articles recovered.
60. Perishable articles may be disposed of by the court.
61. Search for and disposal of gun powder, etc.
62. Destruction and disposal of forged banknote and coin.
63. Transmission to court of another state.

CHAPTER 4 – PREVENTION OF OFFENCES.

64. Police to prevent offences and prevent damage to public property.
65. Information of a plan to commit an offence.
66. Arrest to prevent commission of an offence.
 4
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

67. Power to make regulations.

68. Power of magistrate to require execution of recognizance for keeping the
peace.
69. Security for good behaviour for suspected persons.
70. Security for good behaviour for habitual offenders.
71. Order to be made.
72. Procedure in respect of person present in court.
73. Summons or warrant in case of person not so present.
74. Copy of order under section 71 to accompany summons of warrant.
75. Power to dispense with personal attendance.
76. Inquiry as to truth of information.
77. Order to give security.
78. Discharge of person informed against.
79. Commencement of period for which security is required.
80. Conditions of recognizance.
81. Power to reject sureties.
82. Procedure on failure of person to give security.
83. Power to release persons imprisoned for failure to give security by High
Court.
84. Power of High Court to cancel recognizance.
85. Discharge of sureties.

CHAPTER 5 – BAIL AND RECOGNIZANCES.

86. Release on bail of a person arrested without warrant.
87. Remedy of a detained person and power of court to release him on bail.
88. Classification of bail.
89. Discharge of person for want of evidence.
90. Police to report arrest and detention.
91. Court may direct particulars of security to be taken on execution of
warrant.
92. (1) When bail may be granted by High Court only.
(2) When discretionary.
(3) When to be ordinarily granted.
93. Bail in respect of matters other than offences.
94. Security for bail.
95. Recognizance in respect of minors.
96. Sureties.
97. Admission to bail after its refusal.
98. Notice of right to apply for bail.
99. Judge may vary bail fixed by magistrate or police.
100. Before whom recognizance may be executed.
101. Mode of entering into recognizance.
102. Conditional bail.
103. Discharge from custody.
104. Person bound by recognizance absconding may be committed to prison.
105. Reconsideration of amount of bail on application by state counsel or
police.
106. Power to revoke or require higher bail.
 5
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

107. Variation of a recognizance if surety unsuitable.

108. Discharge of sureties on the appearances of another.
109. Order of fresh security upon original order.
110. Death of surety.
111. Forfeiture of recognizance.
112. Mitigation of forfeiture.
113. Forfeiture on conviction.
114. Evidence of conviction.
115. Where recognizance forfeited warrant may issue.
116. Payment on recognizance.
117. Appeal.
118. Registration of bondsperson.
119. Bondsperson may arrest absconding defendant or suspect.\

CHAPTER 6 - ENFORCING APPEARANCE IN COURT OF DEFENDANT

AND WITNESSES.
120. General authority to bring persons before courts.
121. Compelling appearance of a defendant.
122. Issue of summons and contents thereof.
123. Hearing by consent before return date of summons.
124. Discretion in ex-parte application.
125. Summons to be in duplicate.
126. Issue and service on any day.
127. Service of summons.
128. Normal methods of effecting service and the use of electronic mail.
129. Service, other than personal service.
130. Service on Government Servant
131. Service outside jurisdiction of court.
132. Proof of service when serving officer not present.
133. Receipt of service summons.
134. Person refusing to give receipt may be arrested.
135. Summons disobeyed, warrant may issue.
136. Issue of warrant for defendant in the first instance.
137. Application of Sections 37 to 46 to such warrant.
138. Warrant may issue before or after return date of summons.
139. Power of court to order prisoner to be brought before it.
140. Issue of summons for witnesses.
141. Service of summons on witness.
142. Warrant for witness after summons.
143. Issue of warrant for witness in first instance.
144. Mode of dealing with witness arrested under warrant.
145. Penalty on witnesses refusing to attend.
146. Non-attendance of witness on adjourned hearing.
147. Power to dispense with personal attendance of defendant in certain
cases.
148. Persons in court may be required to give evidence though not
summoned.
149. Expenses of witnesses for prosecution.
 6
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

150. Expenses of witness for defendant.

151. State to bear expenses for medical and other bodily examination.
152. Establishment of witness support unit and Witness Expenses Fund.
153. Manner of taking oath or affirmation.
154. Witness refusing to be sworn, or produce documents.
155. Adjournment may be granted subject to costs to witnesses.
156. Ascertainment of expenses of witnesses.

CHAPTER 7 – REMAND IN CERTAIN CIRCUMSTANCES.

157. Adjournment on daily basis where bail is refused.
158. Court may bring up person remanded during remand.
159. Court may adjourn where defendant cannot appear.
160. Place of commitment.

CHAPTER 8 – EFFECT OF ERRORS IN THE COURT PROCESS.

161. Irregularity in summons, warrant, service or arrest not to vitiate trial.
162. Variation between charge and complaint.
163. Process valid notwithstanding death or vacation of office of person
issuing.
164. Validity of process.
165. General addressee of process for issue and execution.

CHAPTER 9 - CONTROL OF CRIMINAL PROCEEDINGS.

166. Nolle prosequi in criminal proceedings.
167. Nolle Prosequi during the preparation of proofs of evidence.
168. Withdrawal of prosecution against a person.
169. Law officer may require case to be adjourned or dealt with specially.
170. General control of prosecution by the Attorney-General.
171. Names under which prosecution could be instituted.

CHAPTER 10 – INSTITUTION OF CRIMINAL CASES.

172. Right of making complaint.
173. Form and requisites of complaint.
174. Form of documents in criminal proceedings.
175. Rule as to statement of exception.
176. Limitation of period for making a private complaint.
177. Information by the Attorney-General.
178. Different methods of instituting criminal proceedings.
179. Particulars of instituting criminal proceedings in magistrates’ court.
180. Frontloading of processes at the Magistrate Court.
181. Prosecution of offences.
182. Returns by Controller of Prisons.
183. Summons and warrant.
184. Venue.
(a) Place of jurisdiction where offence committed.
(b) Place where act has been done or omitted to be done, etc.
(c) When offence constituted by relation to another offence.
(d) When place uncertain or offence distributed.
 7
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(e) Offence committed on a journey.

(f) Offence at sea or out of Nigeria.
185. Judge to decide in case of doubt of venue.

186. (1) Defendant to be remitted in certain cases to another magistrate.

(2) Courts having concurrent jurisdiction.
(3) Transmission of documents.
187. Removal under warrant.
188. (1) Transfer of case where cause of complaint has risen out of district of
court.
(2) Complaint and recognizance to be transmitted.
(3) Defendant not retained or placed in custody.
189. Courts may assume jurisdiction under certain conditions.
190. Assumption of jurisdiction after commencement of proceedings.
191. Trials.

CHAPTER 11 – SUMMARY TRIAL.

192. Summary trials.
193. Application of parts of the Law to processes under this chapter.
194. Time and place of hearing.
195. Non-appearance of complainant.
196. Non-appearance of defendant.
197. Non-appearance of both parties.
198. Appearance of both parties.
199. Withdrawal of complaint.
200. (1) Manner of hearing.
(2) When defendant pleads guilty.
(3) Witnesses in general to be out of hearing.
(4) Hearing of complainant and witnesses.
(5) Asking of questions.
(6) Unrepresented defendant.
201. Discharge of defendant when no case to answer.
202. (1) When a prima facie case has been made out.
(2) Witnesses for the defendant.
203. Saving as to section 202(1)(a).
204. New matters by defendant.
205. Power to take evidence of persons dangerously ill.
206. (1)Notice to be given to parties.
(2) Transmission of statement.
(3) When statement may be used in evidence.
(4) Signature, etc, prima facie proof.
207. (1) Notes of evidence to be taken.
(2) Inspection not a right.
(3) Record as evidence of proceeding.
208. Cross complaint.
209. Joinder of complaints.
210. Procedure where offence appears unsuitable for determination by court
of limited jurisdiction.
 8
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

211. Giving of decision upon conclusion of hearing.

212. Power to bind parties to be of good behaviour.
213. Effect of judgment of dismissal “on merits” and “without prejudice”.

CHAPTER 12. – SUMMARY PROCEDURE IN PERJURY.

214. Summary procedure in Perjury.
215. Decision to try summarily.
216. (1) When a person is ordered to be imprisoned or fined.
(2) Issue of warrant of commitment or order for payment of fine.
217. Bar to other proceedings.

CHAPTER 13. – SUMMARY TRIAL BY MAGISTRATE OF ADULT

CHARGED WITH AN INDICTABLE OFFENCE.
218. Summary trial by magistrate of indictable cases.
219. Trials.
220. Summary trial by magistrate of indictable offences, etc.
221. Power to remand person charged.
222. Security for keeping the peace, in indictable cases triable summarily.

CHAPTER 14 – REMAND AND OTHER INTERLOCUTORY

PROCEEDINGS.
223. Applications for remand or other interlocutory proceedings.
224. Magistrate may remand in prison custody.
225. Court may grant bail in remand proceedings.
226. Time protocol for remand orders.
227. When court may exercise power of remand.
228. Court may bring up any person remanded or make any order during
remand.
229. Adjournment for attorney General’s decision.

CHAPTER 15 – SUMAMARY TRIAL BY MAGISTRATE OF A CHILD OR

YOUNG PERSON CHARGED WITH AN INDICTABLE OFFENCE.
230. Summary trial of a child by magistrate.
231. Charge to be reduced in writing when offence is tried summarily.
232. No trial of an infant.
233. Whipping in accordance with Chapter 36.

CHAPTER 16 – TRIAL ON INFORMATION.

234. Trial on information.
235. Case files, legal advice and related proceedings.
236. Form of information.
237. Contents of information and indictment.
238. Contents of proof of evidence.
239. (1) Procedure on information.
(2) Signing of information.
240. Trial at the magistrate court.
241. Information to contain only one capital offence.
 9
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

242. Information may be filed at the Registry of the High Court.

243. Procedure on information on offenders.
244. When information should be preferred.
245. Information not to be quashed on appeal except application for it made
at trial.
246. Information by private persons.
247. Conditions for private prosecutors.
248. Venue.
249. Change of venue: Cause commenced in wrong division.
250. Effect of change of venue.
251. Form of notice of trial.
252. Registered Courier companies may serve process.
253. Return of service.
254. Warrant where defendant does not appear.
255. Time and mode of summoning parties on information.
256. Bench warrant where defendant does not appear.
257. Counsel for state and defence in capital cases.
258. Time for raising certain objection and day to day trial and
adjournments.
259. Time Standards.
260. Court may extend the time.
261. Case management register to be maintained by Chief Register.
262. Attendance of witness bound by recognizance to attend.
263. Warrant for arrest of witness not attending on recognizance.
264. Warrant for arrest of witness disobeying summons.
265. Fine for non-attendance of witness.
266. Service of subpoena.
267. Application of law to trials under this chapter.
268. Recording of judgment and sentence.

CHAPTER 17 – PREPARATION AND USE OF PROOFS OF EVIDENCE.

269. Proof of evidence to replace preliminary inquiry.
270. Proof of evidence by law officers.
271. Cases to which taking of proofs of evidence applicable.
272. Indictable cases on election of the defendant.
273. Procedure by magistrate after charge is read or election made.
274. Contents of proof of evidence.
275. Trial at the magistrate court
276. Verification of statement of witness.
277. Binding over of witnesses.
278. Marking of exhibits.
279. Prima facie case – information to be preferred.
280. Discharge of defendant when there is no prima facie case.
281. Evidence by prosecutor.
282. Information and proofs of evidence to be transmitted to High Court.

CHAPTER 18 – THE CHARGE.

283. Form of charges in second Schedule to be used and adapted.
 10
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

284. Name of the offence section.

285. Absence of name of the offence.
286. Written Law.
287. Effect of making a charge.
288. Previous conviction.
289. Particulars of charge.
290. Breach of trust, fraud etc.
291. Description of the offence.
292. Insufficient particulars.
293. Sense of words used in the charge.
294. Owner and value of property.
295. Joint owners.
296. Coin and currency.
297. Proof of registered title.
298. Provision as to statutory offences.
299. Provision as to negative provisions in offences.
300. Description of persons.
301. Description of document.
302. General rule as to description.
303. Statement of intent.
304. When persons may be charged jointly.
305. Separate charges for distinct offences.
306. Three offences of the same kind within twelve months may be charged
together.
307. Attempt same as substantive offence.
308. Trial for more than one offence.
309. Offences falling within two definitions.
310. Acts constituting one offence when combined with a different offence.
311. Where it is doubtful which offence is committed.
312. Procedure on imperfect charge.
313. Court may alter charge.
314. Procedure on alteration of charge.
315. Recall of witness when charge is altered.
316. Effect of error.
317. Objection to charge to be taken at plea.
318. Objection cured by verdict.
319. Full offence charged, attempt proved.
320. Attempt charged, full offence proved.
321. Liability as to further prosecution.
322. Person tried for misdemeanour not to be acquitted if felony proved.
323. When stealing is charged and receiving proved.
324. Person charged with burglary may be convicted of kindred offence.
325. Conviction for false pretences on charge of stealing.
326. Conviction for stealing on charge of false pretences.
327. On charge of rape, conviction under section 203 of Criminal Code or
for indecent assault may follow.
328. On charge under section 203 Criminal Code, conviction for indecent
assault may follow.
 11
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

329. Where murder or infanticide is charged but concealment of birth is

proved.
330. Where murder is charged and infanticide proved.
331. Where offence proved is included in the offence charged.
332. Where a lesser offence is proved, conviction may follow.
333. Withdrawal of remaining charges on conviction of one of several
charges.
334. Court may proceed upon withdrawn charges in certain circumstances.
335. Procedure for trial on charge for certain offences.

CHAPTER 19 – DESCRIPTION OF PROPERTY AND PERSONS IN THE

COURT PROCESS.
336. Methods of stating ownership of property.
337. Joint owners.
338. Companies and associations.
339. Public departments.
340. Places of worship.
341. Control of public offices.
342. Public buildings, works or institutions.
343. Married women’s properties.
344. Description of persons in criminal process.
345. Remedies of married woman against her husband and others in respect
of property.
346. Husband and wife competent witnesses.

CHAPTER 20 – DEFENDANT – ATTENDANCE TO COURT AND

REPRESENTATION BY COUNSEL.
347. Court may dispense with presence of defendant at trial.
348. Warrant may issue in default of attendance.
349. Recovery of fine by distress or imprisonment.
350. Allegation of previous conviction.
351. Cost of attendance in default.
352. Position in court of defendant.
353. (1) Presence of defendant at trial.
(2) Counsel for complainant and defendant.
(3) Access to legal practitioner.
(4) Right of defendant to defend himself.

CHAPTER 21 – DETERMINATION OF AGE OF DEFENDANT.

354. Presumption and determination of age.
355. Where defendant is presumed to be under or above a specific age at
time of alleged offence.

CHAPTER 22 – RIGHT OF PUBLIC TO COURT SITTINGS.

356. Public to have access to hearing.
357. Court may be cleared whilst child or young person is giving evidence in
certain cases.
358. Order under section 356 or 357 not to apply to press and certain others.
 12
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

359. Prohibition on children’s presence in court at trial of other persons.

CHAPTER 23 - PLEA TO INFORMATION.

360. Plea to information or Charge.
361. Where previous conviction of defendant is in issue.
362. Pleas of autrefois acquit or convict; pardon.
363. Where defendant remains silent or refuses to take plea.
364. Effect of plea of guilty.
365. Amending charge where the defendant pleads guilty to an offence not
charged.
366. Effect of plea of not guilty.
367. Defendant may plead guilty for lesser offence(s) than offence charged.
368. Plea to information or charge.

CHAPTER 24 – ADDUCING EVIDENCE AND EXAMINATION OF

WITNESSES.
369. Presentation of the case for prosecution.
370. Rule as to statement of exception.
371. Application of the Evidence Act.
372. Witnesses refusing to be sworn or produce documents.
373. Power to call or recall witnesses.
374. Certificate of certain government technical officers.

CHAPTER 25 – VISIT TO LOCUS.

375. Locus inspection.
376. View by court of locus.
377. No communication between defendant and witness during visit to locus.

CHAPTER 26 – ADDRESSES.
378. (1) In certain cases prosecution has no right of reply.
(2) Addresses to be in writing.
379. Cases in which prosecution may reply.
380. Reply by law officer or police officer who is a lawyer.
381. Right of reply.
382. Reference to Court of Appeal.
383. Stay of proceedings.

CHAPTER 27 – JUDGMENT.
384. Deliberation by court.
385. Judgment to be in writing.
386. Defendant to be discharged if found not guilty.
387. Defendant to be asked whether he has anything to say before sentence.
388. Sentence.
389. Conviction on other charges pending.
390. Delivery of judgment when judge or magistrate unavoidably absent.

CHAPTER 28 – SENTENCES
391. Sentence and sentence hearing.
 13
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

392. Guiding objectives of sentencing.

393. Suspended sentence – security for coming up for judgment.

CHAPTER 29 – CAPITAL SENTENCE.

394. Execution of sentence by death.
395. Death sentence – how pronounce.
396. Prior formalities generally.
397. Where pregnancy is found.
398. Where offender is a young person.
399. Authority for detention.
400. Steps to be taken by registrar.
401. Convict may send request to Committee on Prerogative of Mercy.
402. State at which Governor is to consider report.
403. Where no commutation, pardon or reprieve is granted.
404. Where commutation, pardon or reprieve is granted.
405. Application of sections 401 to 404.
406. Order of Governor where pardon or reprieve is not granted.
407. Endorsement on the order by specified officer.
408. Copy of order to be sent to sheriff.
409. Order to be sufficient authority.
410. (1) Procedure where woman convicted of capital offence is alleged to
be pregnant.
(2) Proof of pregnancy.
(3) Court pronounces sentence on the woman if she is not pregnant.
(4) Court of Appeal may quash the sentence.
(5) Substitution of death sentence.
(6) Court reports to Council.

CHAPTER 30 – IMPRISONMENT.
411. Imprisonment to be with labour except otherwise ordered.
412. Power to order detention for one day in precincts of the court.
413. Consecutive sentences of imprisonment.
414. Date from which sentence commences.
415. Power to order payment of fine in lieu of imprisonment.
416. Escaped prisoners – effect of escape on punishment.
417. Direct imprisonment.
418. Authority for carrying out sentences not capital.
419. Error or omission shall not affect legality of act.

CHAPTER 31 – FINES.
420. Fines, imprisonment in default of.
421. General power of awarding imprisonment in default of payment of
penalty.
422. Scale of imprisonment for non-payment of money adjudged to be paid.
423. Payment and allocation of fines and fees.
424. Power to commit defendant in certain cases.
425. Allowance of further time and payment by installments.
426. Power to postpone issue of warrant of commitment.
 14
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

427. Time and condition.

428. Limit if three months.
429. Execution of warrants.
430. Payment of penalty to person executing warrant.
431. Commencement of imprisonment.
432. Varying of or discharging orders for sureties.
433. Right of person imprisoned in default to be released on paying sum.
434. Application of sum received from prisoner.
435. Part payment after commitment.
436. Fines may be ordered to be recoverable by distress.
437. Warrant of distress.
438. Procedure on the execution of distress warrants.
439. Part payment reduces period of imprisonment in proportion.

CHAPTER 32 – COSTS, COMPENSATION AND DAMAGES.

440. Power of court to order payment of expenses or compensation.
441. Payment to be taken into consideration in subsequent civil suit.
442. Power of court to order restitution.
443. Cost against private prosecutor.
444. Costs may be awarded.
445. Meaning of “private prosecutor”.
446. Compensation in case of false and vexatious charge.
447. Enforcement of award of compensation.
448. Warrant for levy of fine.
449. Powers of court when convict is sentenced to only fine.
450. Award of damages for wrongful conversion or detention of property.
451. Saving of express procedure for awarding costs and compensation.
452. Order to pay costs appealable.
453. Injured person may refuse to accept compensation: payment of
compensation is bar to further liability.

CHAPTER 33 - DAMAGES IN CASE OF DISHONESTY.

454. Wrongful conversion or detention of property – where evidence
insufficient to support charge.

CHAPTER 34 – PROBATION AND NON CUSTODIAL ALTERNATIVES.

455. Conditional release of offenders.
456. Costs may be awarded.
457. Restitution of stolen property.
458. Probation orders and conditions of recognizance.
459. Content of recognizance.
460. The court makes a notice in writing.
461. Relieving probation officer of his duties.
462. Duties of probation officers.
463. Variation of terms and conditions of probation.
464. Provisions in case of offender failing to observe conditions of release.
465. Offender may be brought before another Court.
466. Bail or remand.
 15
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

467. Committal to prison during remand.

468. Conviction of original offence.
469. Suspended sentence and community service.
470. Arrangement for community service.
471. Performance of community service order.
472. Default of offender in complying with Community Service Order.
473. Commission of further offence.
474. Amendment, review and discharge of Community Service Orders.
475. Discharge of Community Service order.
476. Confinement in rehabilitation and Correction center.

CHAPTER 35 – PAROLE.
477. Court may direct release of prisoner before completion of sentence.

CHAPTER 36 – WHIPPING
478. To be whipped once only.
479. Persons who are not to be sentenced to whipping.
480. Whipping with a light rod and not more than twelve strokes.
481. Whipping of juvenile offender.
482. Infliction of sentences of corporal punishment.
483. Where court may order the arrest of a juvenile offender.

CHAPTER 37 – SEIZURE, RESTITUTION, FOREFEITURE AND

DISPOSITION OF PROPERTY.
484. Order for disposal of property regarding which offence committed.
485. Seizure of things intended to be used in commission of offence.
486. Destruction of seditious, prohibited or obscene publications and of
obscene objects.
487. Unfit or adulterated food.
488. Search warrant may be used to search for things subject to Sections
485 and 487.
489. (1) Restoration of possession of immovable property.
(2) Effect of the order.
490. Payment to innocent person of money found on defendant.
491. Restitution and disposition of property found on person arrested.
492. (1) Restitution of property stolen.
(2) Exceptions to restitution order.
493. Destruction of articles relating to counterfeiting where charge is laid.
494. Destruction of articles relating to counterfeiting where no charge is laid.
495. Mode of dealing with forfeiture not pecuniary.

CHAPTER 38 – DETENTION DURING THE GOVERNOR’S PLEASURE.

496. Conditions attached to detention during pleasure.
497. (1) Discharge of detainee by license.
(2) Form of license.
(3) Revocation of license.
 16
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

CHAPTER 39– DETENTION IN A SAFE CUSTODY OR SUITABLE PLACE

OTHER THAN PRISON OR MENTAL HEALTH ASYLUM.
498. Conditions attached to detention in a safe custody or suitable place
other than prison or mental asylum.

CHAPTER 40 – PERSONS OF UNSOUND MIND.

499. Interpretation.
500. (1) Procedure when defendant is suspected to be of unsound mind.
(2) Procedure for investigation in the absence of the defendant.
(3) Defendant is detained for observation if the court is not satisfied.
(4) The medical officer shall certify his finding.
501. Application for medical examination of defendant.
502. (1) Detention of the defendant by medical officer for observation.
(2) Certificate of medical officer.
(3) Court may postpone trial under certain circumstances.
(4) The evidence proving soundness of mind is deemed a part of
trial.
(5) Evidence of medical certificate.
503. Defendant may not attend court.
504. Release of person of unsound mind pending investigation or trial.
505. Magistrate informs the defendant of his right to apply to a judge for bail.
506. Procedure when offence is not bailable.
507. Resumption of trial.
508. Resumption of proceedings.
509. Judgment of acquittal on ground of mental disorder.
510. Safe custody of person acquitted.
511. Observation of prisoners of unsound mind.
512. Procedure when person of unsound mind is reported fit for discharge.
513. Transfer from one place of custody to another.
514. Delivery of person of unsound mind to care of relative.
515. Removal to another state.

CHAPTER 41 - TRIAL OF CORPORATION.

516. Application of this chapter.
517. Interpretation.
518. Plea by corporation.
519. Information against a corporation.
520. Joinder of counts in same information.
521. Powers of representative
522. Matters to be read or said or explained to representative.
523. Non appearance of representative.
524. Saving.
525. Joint charge against corporation and individual.

CHAPTER 42 – PREVIOUS ACQUITTAL OR CONVICTION.

526. Interpretation.
527. Person once convicted or acquitted not to be retried for same or related
offence.
 17
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

528. May be tried again on separate charge in certain cases.

529. Consequences supervening or not known at previous trial.
530. Where court at first trial was not competent.
531. Dismissal of charge.

CHAPTER 43 – INQUIRIES BY DIRECTION OF ATTORNEY-GENERAL.

532. Inquiries by direction of Attorney-General.
533. Conduct of inquiry.
534. Report.
535. Procedure.
536. Person charged entitled to copy of disposition.
537. Statements of witnesses privileged.

CHAPTER 44 – THE JUSTICE SECTOR REFORM TEAM.

538. Establishment of the Enugu State Justice Reform Team.
539. Functions of the Team.
540. Secretariat of the Team.
541. (1) Officers of the Team.
(2) Duties of officers of the Team.
542. Funds and account.
543. Annual Report.
544. Power to obtain information.
545. Charter and standing orders of the Team.

CHAPTER 45 – MISCELLANEOUS.
546. Use of forms in First, Second and Third Schedule.
547. No committal for trial by coroner.
548. Payment of fees.
549. Court may waive fees.
550. State not required to pay fees.
551. Power to make rules of court.
 18
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

ENUGU STATE OF NIGERIA

2017, NO. 1

Title. A Law to make provisions for the procedure to be

followed in Criminal Cases in the High Court and
Magistrates’ Courts in Enugu State.
Enactment Be it enacted by the House of Assembly of Enugu
State of Nigeria as follows –

CHAPTER 1 - PRELIMINARY
Citation and 1. (a) This Law may be cited as the Enugu State
date of Administration of Criminal Justice Law, 2017, and
commencement
and Transitional
shall be deemed to come into effect on 26th day
Provision. January, 2017.
(b) The Criminal Procedure Law Cap. 31 is hereby repealed
and shall cease to have effect from the commencement
of this Law.
(c) The provisions of this Law shall apply to all cases filed
or arising after the commencement of this Law.

Interpretation. 2. In this Law, unless the context otherwise requires-

“Act” means an enactment of the National Assembly, or
any other enactment which has effect as such;
“Adult” means a person who has attained the age of
eighteen years or above;
“Charge” means the statement of offences with which a
defendant is charged in a summary trial before a court;
“Chief Judge” means the Chief Judge of the High Court
of Enugu State;
“Child” means any person who has not attained the age
of eighteen years;
“Complainant” includes any informant or prosecutor in
any case relating to a summary conviction offence;
“Complaint” means the allegation that any named person
has committed an offence made before a magistrate for the
purpose of moving him to issue process under this Law;
“Court” includes the High Court and Magistrates’ Court;
“Constitution” means the Constitution of the Federal
Republic of Nigeria;
“Defendant” means any person against whom an
indictment or a complaint is made; “district” means a
magisterial district created under the provisions of the
Magistrates’ Courts Law;
“Division” means a judicial division created under the
provisions of the High Court Law;
 19
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

“Federal Law” means any Act of the National Assembly or

any other enactment which has effect as such;
“Felony” means an offence on conviction for which a
person can, without proof of his having been previously
convicted of an offence, be sentenced to death or to
imprisonment for three years or more, or which is declared
by law to be a felony;
“Fine” includes any pecuniary penalty or pecuniary
forfeiture or pecuniary compensation payable under a
conviction;
“Future Law” means any law passed after the
commencement of this Law.
“High Court” means the High Court established for the
State under the Constitution;
“Indictable Offence” means any offence –
(a) which on conviction may be punished by a term of
imprisonment exceeding two years, or
(b) which on conviction may be punished by imposition
of a fine exceeding ten thousand naira; or
(c) which is not declared by the written law creating the
offence to be punishable on summary conviction;
“Indicted” means the filing of an information against a
person after the preparation of proofs of evidence;
“Infant” means a person who has not attained the age of
seven years;
“Judge” means a Judge of the High Court;
“Justice of the Peace” means any person appointed
under any written law to be a justice of the Peace of Enugu
State;
“Juvenile Offender” means an offender who has not
attained the age of eighteen years;
“Law” means an enactment of the Legislature of the State
or any other enactment which has effect as such an
enactment;
“Law Officer" means the Attorney-General of the State
and includes such other qualified officers by whatever
names designated to whom any of the powers of a law
officer is delegated to by law or necessary intendment.
"Legal Guardian” in relation to an infant, child, young
person or juvenile offender, means a person appointed
according to law to be his guardian by deed or will, or by
order of a court of competent jurisdiction.
“Magistrate” means a Chief Magistrate or a magistrate
appointed under the Magistrates’ Courts Law;
“Minor” means the same thing as a child or young person;
“Offence” means an offence against any Law or Act
including any regulation, order, rule or proclamation made
under any Law or Act;
 20
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

“Officer in charge of a police station” includes the

officer in charge of a police station or any police officer who
acts in the absence of the officer-in-charge;
“Open court” means any room or place in which any court
shall be sitting to hear and determine any matters within
its jurisdiction and to which the public may have access;
“Order” includes any conviction in respect of a summary
conviction offence;
“Penalty” includes any pecuniary fine, forfeiture, costs, or
compensation recoverable or payable under an order;
“Police Officer” includes any member of the police force
established by the Police Act;
“Prescribed” means prescribed by rules made under the
authority of this Law;
“Registrar” includes the Chief Registrar and a registrar of
the High Court and of a Magistrate’s Court;
“Rules” or “rules of court” means any rules of court
relating to the practice and procedure of the High Court or
of the Magistrates’ Courts in the exercise of their criminal
jurisdiction;
“Sentenced to imprisonment” shall include a case where
imprisonment is imposed by a court on any person either
with or without the option of a fine, or in respect of the
non-payment of any sum of money, or for failing to do or
abstaining from doing any act or thing required to be done
or left undone, and the expression “sentence of
imprisonment” shall be construed accordingly;
“Sheriff” means a sheriff within the meaning of the
Sheriffs and Civil Process Law and includes a deputy
sheriff and any person authorised by the sheriff or a
deputy sheriff to execute process of court;
“Summary conviction offence” means any offence
punishable by a High Court or magistrates’ court on
summary conviction, and includes any matter in respect
of which a High Court or Magistrates’ Court can make an
order in the exercise of its summary jurisdiction;
“Summary Court” means unless the same is expressly or
by necessary implication qualified –
(a) a Judge of the High Court when sitting in court and
presiding over a summary trial, and
(b) any magistrate when sitting in open court to hear
and determine any matters within his jurisdiction
either under the provisions of this Law or any other
written law;
“Summary Trial” means any trial by a magistrate and a
trial by a judge not on information;
“SupJuserior Police Officer” has the same meaning as in
the Police Act;
 21
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

“the State” means Enugu State, and “a state” means any

other state of the Federation or the Federal Capital
Territory;
“Young Person” means a person who has not attained the
age of eighteen years.

Application. 3. The general provisions of this Law shall apply to criminal

trials and other criminal proceedings in the High Court
and Magistrates’ Courts except when express provision is
made in this Law or in any Law in respect of any particular
court or form of trial.

Saving of other 4. Nothing in this Law shall affect the use or validity of any
forms and special forms in respect of any procedure or offence
procedure
specified under the provisions of any other written law or
the validity of any other procedure provided by any other
written law.

Construction of 5. The provisions of Chapters 28, 29, 30, 31 and 36 shall

provisions apply subject to the provisions of any written law relating
relating to
punishments
to any specific offence or class of offences and to the
jurisdiction conferred on any court or any person presiding
over such court.

Inter–State 6. Nothing in this Law shall be construed to authorize –

service of (a) the service outside the State of a summons to enforce
process
the appearance before a court of a defendant, surety,
or parent of a defendant;
(b) the service outside the State of a subpoena, summons
or notice of hearing to compel the attendance of
a witness before a court;
(c) the execution outside the State of a warrant for the
arrest of any person or of a search warrant;
(d) the issue of an order to compel the production of any
person confined in a prison outside the State;
(e) the execution outside the State of a warrant of
distress; or
(f) the execution outside the State of a warrant of
committal issued in accordance with section 428 of
this Law.

CHAPTER 2. – ARREST
Arrest how 7. (a) In making an arrest, the police officer or other
made. person making the arrest shall touch or confine the
 22
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

body of the person to be arrested, unless there is a

submission to the custody by word or action.
(b) An offender under the Criminal Code or under any
other enactment creating an offence shall be
arrested, investigated, inquired into, tried and
otherwise dealt with according to the provisions of
this Law, except where there are specific provisions
in the enactment in relation to the manner or place
of arrest, inquiry or trial.

Arrest in lieu 8. No person shall be arrested in the stead of another.

prohibited.

9. A person arrested shall not be handcuffed, otherwise

No unnecessary bound or be subjected to unnecessary restraint except-
restraint.
(a) by order of the court, a magistrate or justice of peace;
(b) there is reasonable apprehension of violence or of an
attempt to escape; or
(c) the restraint is considered necessary for the safety of
the person arrested.

Notification of 10. 1. Except when the person arrested is in the actual course
cause of arrest of the commission of a crime or is pursued immediately
and rights of the
arrested person
after the commission of a crime or escape from lawful
custody, the police officer or other person making the
arrest shall inform the person arrested of the cause of
the arrest.
2. Any person arrested shall be accorded humane
treatment, having regard to his right to the dignity of
his person.
3. No arrested person shall be subjected to any form of
torture, inhuman and degrading treatment.
4. No person shall be arbitrarily arrested, or arrested on
allegation that borders on civil breach of contract, but
the arrest shall be based on reasonable suspicion that
the person arrested committed or is about to commit a
criminal activity punishable as an offence under any
law.
5. Nothing in this Section and in this Law shall be
construed as permitting a police officer, private person
or officer of an agency to arrest a person by reason only
of consanguinity or affinity or association with the
person alleged to have committed an offence.
6. Any agency, police or persons authorized by any law to
make arrest for any offence(s) shall comply with the
provisions of this law in effecting the said arrest.
7. Notwithstanding anything to the contrary in any
written law, where a person(s) or officer(s) of any
 23
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

agency violates the provisions of this law in the course

of an arrest, he shall be liable to pay compensation to
the person or any injured person(s) as may be
determined by the court.
8. Where any person is arrested contrary to the provisions
of this law or in contravention of his rights under the
Constitution of the Federal Republic of Nigeria or any
other written law, he shall have a right of action in
damages against such arresting officer or agency or
both.

Search of 11. 1. Whenever a person is arrested by a police officer or a

arrested person private person, the police officer making the arrest or to
whom the private person hands over the person arrested
may search the person, using such force as may be
reasonably necessary for such purpose, and place in safe
custody all articles other than necessary wearing apparel
found upon him;
Provided that whenever it is necessary to search a
person, the search shall be made by a person of the same
sex with a sense of decency.
2. Notwithstanding the other provisions of this Section,
any police officer or other person making an arrest may in
any case take from the person arrested any offensive
weapons which he has on his person.
3. Where any property has been taken under this Section
from a person charged before a court of competent
jurisdiction with any offence, a report shall be made by the
police to such court of the fact of such property having
been taken from the person charged and of the particulars
of such property, and the court shall, if of the opinion that
the property or any portion thereof can be returned
consistently with the interests of justice and with the safe
custody of the person charged, direct such property or any
portion thereof to be returned to the person charged or to
such other person as he may direct.
4. Where any property has been taken from a person under
this Section, and the person is not charged before a court
but is released on the ground that there is no sufficient
reason to believe that he has committed any offence, any
property so taken from him shall be restored to him.

5. Notwithstanding the other provisions of this section, a

police officer or any other person making an arrest may in
any case take from the person arrested any instruments of
 24
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

violence or poisonous substance which he has on his

person.

Inventory of 12. 1. Upon arrest, a police officer making the arrest or to

property of whom the private person hands over the person
arrested person
arrested, shall immediately record information about
the arrested person and an inventory of the particulars
of all items or properties recovered from the person
arrested.
2. An inventory recorded under subsection (1) of this
section shall be duly signed by the police officer and
the arrested person.
3. The person arrested, his legal representative, or such
other person as the person arrested may direct, shall
be given a copy of the inventory.
4. Where any property has been taken under this section
from a person charged of an offence before a court of
competent jurisdiction, the officer shall upon request
by the prosecution make a report to the court of the
fact of the property having been taken from the person
charged and of the particulars of the property.
5. The court to which a report is made under subsection
(4) of this section shall, if of the opinion that the
property or any portion of it can be returned in the
interest of justice and with the safe custody of the
person charged, direct the property or any portion of it
to be returned to the person charged or to such other
person as he may direct; Provided that where the police
fail to make such a report to the court, the owner or
any person having such interest in the property may
apply to the court for its release
6. Where any property has been taken from a person
under this section, and the person is not charged
before a court but is released on the ground that there
is no sufficient reason to believe that he has committed
an offence, any property so taken from him shall be
returned to him, provided the property is neither
connected to nor a proceed of crime.

Examination of 13. When a person is in lawful custody on a charge of

arrested person committing an offence of such a nature and alleged to have
been committed in such circumstances that there are
reasonable grounds for believing that an examination of
his person will afford evidence as to the commission of the
offence, a qualified medical practitioner or any certified
professional with relevant skills, acting at the request of a
police officer may make such an examination of the person
in custody as is reasonably necessary in order to ascertain
 25
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

the facts which may afford the evidence, and to use such
force as is reasonably necessary for that purpose.

Search of place 14. 1. If a person or police officer acting under a warrant of

entered by arrest or otherwise having authority to arrest, has reason
person sought to
be arrested to believe that the person to be arrested has entered into
or is within any place, the person residing in or being in
charge of the place shall, on demand by the police officer
or person acting for the police officer, allow him free access
to the place and afford all reasonable facilities to search
the place for the person sought to be arrested.
2. If access to a place cannot be obtained under subsection
(1) of this section, the person or police officer may enter
the place and search it for the person to be arrested, and
in order to effect an entrance into the place, may break
open any outer or inner door or window of any house or
place, whether that of the person to be arrested or of any
other person or otherwise effect entry into such house or
place, if after notification of his authority and purpose, and
demand of admittance duly made, he cannot otherwise
obtain admittance.

Power to break 15. Any police officer or other person authorized to make an
out of any house arrest may break out of any house or place in order to
for purpose of
liberation
liberate himself or any other person who, having lawfully
entered for the purpose of making an arrest, is detained
therein.

Recording of 16. 1. When a person is arrested, whether with or without a

arrest. warrant, and taken to a police station or any other agency
effecting the arrest, the police officer making the arrest or
the officer in charge of the police station or agency shall
cause to be taken immediately, in the prescribed form, the
following record of the person arrested-
(a) the alleged offence;
(b) the date and circumstances of his arrest;
(c) his physical address; and
(d) for the purpose of identification-
(i) his physical measurement,
(ii) his photograph,
(iii) his full fingerprint impressions, and
(iv) such other means of his identification,
including but not limited to DNA samples.
2. The process of recording in subsection (1) of this section
shall be concluded within a reasonable time of the arrest
of the person, but not exceeding forty-eight hours.
 26
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

3. Any further action in respect of the person arrested

pursuant to subsection (1) of this section shall be entered
in the record.

Arrested person 17. 1. Any person who is arrested, whether with or without a
to be taken at warrant, shall be taken with all reasonable dispatch to
once to police
station
a police station or other place for the reception of
arrested persons, and shall without delay be informed
of the charge against him. Any such person while in
custody shall be given reasonable facilities for
obtaining legal advice, taking steps to furnish bail, and
otherwise making arrangements for his defence or
release.
2. Where any person who is arrested with or without a
warrant volunteers to make a confessional statement,
the police shall ensure that the making and taking of
such statement is recorded on video or other
retrievable electronic device, and the said recording
and copies thereof may be produced at the trial;
provided that in the absence of video facility, the said
statement shall be in writing in the presence of a
private legal practitioner or any other person of his
choice.
3. The legal practitioner or any other person referred to in
subsection (2) shall also endorse with his full
particulars and indication of having witnessed the
recording thereof.
4. The statement or its endorsement as in subsection (2)
shall be made in the presence of the officer in charge
of the Human Rights Desk where available or a
superior police officer in the absence of a Human
Rights Desks officer.
5. Where a suspect does not understand or speak or write
in the English language, an interpreter of his own
choice shall record and read over the statement to the
suspect to his understanding and the suspect shall
then endorse the statement as having been made by
him, and the interpreter shall attest to the making of
the statement.
6. The interpreter shall endorse his name, address,
occupation, designation or other particulars on the
statement.

Central Criminal 18. 1. There shall be established at the headquarters of the

Record Registry state Police command, a Central Criminal Record
Registry.
 27
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

2. It shall be the duty of the Chief Registrar of the Courts

in the State to transmit the decision of the courts in
all criminal trials in the form shown in the schedule to
this section to the Central Criminal Record Registry
within thirty days of delivery of final judgment.
3. Where there is default by the Chief Registrar to
transmit the records referred to in this section within
thirty days after judgment, he shall be liable to
appropriate disciplinary measures by the Judicial
Service Commission.
4. A police officer in charge of a police station, or officers
in charge of an agency authorized by law to make
arrest and take records as provided in section 16 (1) of
this Law shall forward to the Central Criminal Record
Registry on the first week of every month all record as
described in that section taken at that station or
agency in the manner provided for entry into the
Registry.
5. The person arrested or his legal representative shall
have access to all the information in the Registry with
regard to his arrest or information relevant for his
defence.
6. Without prejudice to the provisions of section 10(8) of
this law, where there is default by an officer in charge
of a police station or officer in-charge of an agency
authorized to make arrest to comply with the provision
of this section, the default shall be treated as a
misconduct and shall be dealt with in accordance with
the relevant Police Regulation under the Police Act, or
pursuant to any other disciplinary procedure
prescribed by any provision regulating the conduct of
the officer or officer of the agency.
7. There shall be established at the state Police
headquarters or any appropriate location, a forensic
laboratory.

Arrest by police 19. 1. A police officer may, without an order from a Magistrate
officer without and without a warrant, arrest a person-
warrant
(a) whom he suspects on reasonable grounds of having
committed an offence against a law in Nigeria or
against the law of any other State, unless the written
law creating the offence provides that the offender
cannot be arrested without a warrant;
(b) who commits any offence in his presence;
(c) who obstructs a police officer while in the execution of
his duty, or who has escaped or attempts to
escape from lawful custody;
 28
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(d) in whose possession anything is found which may

reasonably be suspected to be stolen property or who
may reasonably be suspected of having committed an
offence with reference to the thing;
(e) who he suspects on reasonable grounds of being a
deserter from any of the armed forces of Nigeria;
(f) who he suspects on reasonable grounds of having
been involved in an act committed at a place
outside of Nigeria which, if committed in Nigeria,
would have been punished as an offence, and for
which he is, under an enactment in force in Nigeria,
liable to be apprehended and detained in Nigeria;
(g) having in his possession without lawful excuse, the
burden of proving which excuse shall lie on such
person, any implement of housebreaking, car theft,
firearm or any offensive or dangerous weapon;
(h) whom he has reasonable cause to believe a warrant of
arrest has been issued by a court of competent
jurisdiction in Nigeria;
(i) found in the State taking precautions to conceal his
presence in circumstances, which afford reason to
believe that he is taking such precautions with a view
to committing an offence;
(j) whose arrest a warrant has been issued or whom he is
directed to arrest by a Judge, Magistrate, Justice of
the Peace or superior police officer;
(k) 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; or
(l) required to appear by a public summons issued
under this Law or any other law.
2. The authority given to a police officer to arrest a person
who commits an offence in his presence shall be
exercisable in respect of offences committed in the officer’s
presence notwithstanding that the written law creating the
offence provides that the offender cannot be arrested
without a warrant.
3. Any person, who is unlawfully arrested, shall be entitled
to compensation by the particular police officer or officers)
effecting the arrest
4. Any compensation awarded under subsection (3) of this
section shall be paid by direct deduction from the salary of
the particular police officer(s).
Refusal to give 20. 1. When any person who in the presence of a police officer
name and has committed or has been accused of committing an
residence
offence triable summarily refuses on demand of such
 29
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

officer to give his name and residence, or gives a name

or residence which such officer has reason to believe
to be false, he may be arrested by such officer in order
that his name or residence may be ascertained.
2. When the true name and residence of such person have
been ascertained he shall be released on his executing
a recognizance, with or without sureties, to appear
before a magistrate if so required:
Provided that if such person is not resident in Nigeria
the recognizance shall be secured by a surety or
sureties resident in Nigeria.
3. Should the true name and residence of such person not
be ascertained within 24 hours from the time of arrest,
or should he fail to execute the recognizance or, if so
required to furnish sufficient sureties, he shall
forthwith be forwarded to the nearest magistrate having
jurisdiction
4. Where such person on being brought before the Court
still refuses, the Court may deal with him as it will
deal with an uncooperative witness.

Arrest by 21. A private person may arrest a person in the State who in
private persons his presence commits an offence, or whom he reasonably
suspects of having committed an offence for which the
police is entitled to arrest without a warrant.

Arrest by 22. A person found committing an offence involving injury to

owners of property may be arrested without a warrant by the owner
property
of the property or his servants, agent or persons
authorised by him.

Arrest of person 23. A private person may arrest any person found damaging
doing damage to public property.
public property

Handing over of 24. 1. A private person who arrests any other person without
a person a warrant shall immediately hand over the person so
arrested by
private person
arrested to a police officer, or in the absence of a police
officer, shall take the person to the nearest police
station, and the police officer shall make a note of the
name, residence and other particulars of the private
person making the arrest.
2. Where there is reason to believe that the person
arrested comes under the provisions of section 19 of
this Law, a police officer shall re-arrest him.
3. Where there is reason to believe that he has committed
an offence, and he refuses on the demand of a police
officer to give his name and residence, or gives a name
 30
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

or residence which the officer has reason to believe to

be false, he shall be dealt with under the provisions of
section 20 of this Law.
4. Where a person so arrested by a private person is
handed over to a police officer or to an official of an
agency authorised by law to make arrests, the police
officer or official shall take note of the name, residence
and other particulars of the private person making the
arrest, and the date, time and other circumstances of
the arrest, and where the person arrested is taken to
the police station or to the agency, the charge room
officer shall make the entries in the crime diary.
5. The police officer or official to whom the arrested
person is handed over by the private person shall
obtain from the private person who made the arrest a
formal witness statement setting out the facts and
circumstances of the arrest.
6. Where there is sufficient reason to believe that the
person handed over has committed an offence he shall
immediately be re-arrested but if there is no sufficient
reason to believe that he has committed an offence, he
shall be released immediately.
7. The provisions of section 16 of this Law do not apply to
this section unless the person arrested and handed
over has been re-arrested in accordance with sub
section 2 of this section.

Offence 25. When an offence is committed in the presence of a Judge

committed in or Magistrate within the state, the Judge or Magistrate
presence of a
judge or
may himself arrest or order a person to arrest the offender
magistrate and may thereupon, subject to the provisions contained
in this Law as to bail, commit the offender to custody.

Arrest by a 26. 1. A judge or magistrate may arrest or direct the arrest of

judge or any person whose arrest upon a warrant he could have
magistrate
lawfully ordered if the facts known to him at the time
of making or directing the arrest had been stated before
him on oath by some other person.
2. Where a person is arrested in accordance with the
provisions of either sections 19, 20, 21, 22 or 23 of this
Law, the judge or magistrate making or directing the
making of such arrest may deal with the person so
arrested in the same manner as if such last named
person had been brought before him by or under the
directions of any other person.

Arrest for 27. A Judge, Magistrate, or Justice of the Peace may arrest or
offence direct the arrest of a person committing an offence in his
 31
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

committed in presence and shall thereupon hand him over to a police

presence of officer or take security for his attendance before a court at
Judge,
Magistrate or a specified time.
Justice of the
peace

Public bound to 28. A person is bound to assist a Judge, Magistrate, Justice of

assist in arrest the Peace, police officer or other person reasonably
demanding his aid in arresting or preventing the escape of
a person whom the Judge, Magistrate, Justice of the
Peace, police officer or other person is authorised to arrest.

Pursuit of 29. A person authorised to effect the arrest of any other person
offender into may for the purpose of effecting the arrest pursue him into
other
jurisdictions any part of the state and where the pursuit goes beyond
the state, the provisions of the relevant federal legislation
shall apply.

Quarterly report 30. 1. The Commissioner of Police in the State and head of
of arrests to the every agency authorised by law to make arrest within
Attorney-
General by
the State shall remit quarterly to the Attorney-General
Commissioner of of the State a record of all arrests made within the
Police state with or without warrant.
2. The report shall contain the full particulars of the
persons arrested as prescribed by section 16 of this
Law.
3. A register of arrests containing the particulars
prescribed in section 16 of this Law shall be kept in
the prescribed form at every police station or agency
authorised by law to make arrests, and every arrest,
whether made with or without warrant, within the
local limits of the police station or agency, or within
the state, shall be entered accordingly by the officer in
charge of the police station or officer in charge of the
agency as soon as the arrested person is brought to
the station or agency.
4. The Attorney-General shall establish an electronic and
manual database of all records of arrested persons in
the State.

Release on bail 31. 1. When a person has been taken into police custody
of a person without a warrant for an offence, other than an offence
arrested without
warrant punishable with death, an officer in charge of the
police station shall inquire into the case and release
the person arrested on bail subject to subsection (2) of
this section if it will not be practicable to bring the
person before a court having jurisdiction with respect
 32
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

to the offence alleged, within twenty-four hours after

the arrest.
2. The officer in charge of a police station shall release the
person arrested on bail on his entering into a
recognizance with or without sureties for a reasonable
amount of money to appear before the court or at the
police station at the time and place named in the
recognizance.
3. Where a person is taken into custody and it appears to
the police officer in charge of the station that the
offence is of a capital nature, the person arrested shall
be detained in custody, and the police officer shall
within forty eight (48) hours of such arrest refer the
matter to the office of the Attorney General for legal
advice and where the advice is to prosecute, cause the
person arrested to be taken before a court having
jurisdiction with respect to the offence within a
reasonable time.

Power to release 32. 1. Where a person is taken into custody, and it appears
on bail before to the officer that the inquiry into the case cannot be
charge is
accepted
completed forthwith, he may discharge the person on
his entering into a recognizance, with or without
sureties for a reasonable amount, to appear at the
police station and at such times as are named in the
recognizance, unless he previously receives notice in
writing from the police officer in charge of that police
station that his attendance is not required.
2. A recognizance under subsection (1) of this section may
be enforced as if it were a recognizance conditional for
the appearance of the said person before a Magistrate’s
court or the place in which the police station named in
the recognizance is situate.

Remedy of 33. 1. Where a person taken into custody in respect of a non-capital offence
person detained is not released on bail after twenty four hours, a court having
in custody
jurisdiction with respect to the offence may be notified by application
on behalf of the arrested person.
2. The court shall order the production of the person detained and inquire
into the circumstances constituting the grounds of the detention and
where he deems fit, admit the person detained to bail.
3. An application for bail may be made orally or in writing.

Police to report to 34. 1. An officer in charge of a police station or an official in

supervising charge of an agency authorized to make arrest shall on
Magistrates
the last working day of every month report to the
nearest Magistrate the cases of all persons arrested
without warrant within the limits of their respective
 33
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

stations or agency whether the persons have been

admitted to bail or not.
2. The report shall contain the particulars of the persons
arrested as prescribed in section 16 of this Law.
3. The Magistrate shall on receipt of the reports, forward
them to the Enugu State Justice Reform Team
established under Section 538 of this Law, which shall
analyze the reports and advice the Attorney-General as
to the trends of arrests, bail and related matters.
4. The Attorney-General upon request by the National
Human Rights Commission, the Legal Aid Council,
Citizens Rights and Mediation Center or registered
Non-Governmental Organizations may make the report
available to them.
5. Where no report is made in accordance with sub-section
(1) of this section the Magistrate shall forward a report
to the Chief Judge and the Attorney-General for
appropriate remedial action.

Chief Magistrate 35. 1. The Chief Magistrate, or where there is no Chief

to visit police Magistrate within the police division, any Magistrate
stations every
month
designated by the Chief Judge for that purpose, shall,
at least every month, conduct an inspection of police
stations or other places of detention within his
territorial jurisdiction other than the prison.
2. During a visit, the Magistrate may -
(a) call for, and inspect the Register of arrests;
(b) direct the arraignment of any suspect; or
(c) where bail has been refused, grant bail to any
suspect where appropriate if the offence for which
the suspect is held is within the jurisdiction of the
Magistrate.
3. An officer in charge of a police station or officer in
charge of an agency authorized to make arrest shall
make available to the visiting Chief Magistrate or
designated Magistrate exercising his powers under
subsection (1) of this section-
(a) the full record of arrest and record of bail;
(b) applications and decisions on bail made within the
period; and
(c) any other facilities the Magistrate requires to
exercise his powers under that subsection.
4. Where there is default by an officer in charge of a police
station or official in-charge of an agency authorized to
make arrest to comply with the provisions of
subsection (3) of this section, the default shall be
treated as a misconduct and shall be dealt with in
accordance with the relevant Police Regulation under
 34
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

the Police Act, or pursuant to any other disciplinary

procedure prescribed by any provision regulating the
conduct of the officer or official of the agency.

CHAPTER 3 - WARRANTS
PART A - WARRANT OF ARREST
General 36. Where under any written law, whether passed before or
authority to after the commencement of this Law, there is power to
issue warrant
arrest a person without warrant, a warrant for his arrest
may be issued.

Form and 37. 1. Every warrant of arrest issued under this Law or, unless
content of the contrary is expressly provided, under any other
warrant of
arrest written law shall-
(a) bear the date of the day of issue;
(b) contain all necessary particulars; and
(c) be signed by the judge or magistrate by whom it is
issued.
2. Every such warrant shall state concisely the offence or
matter for which it is issued and shall name or
otherwise describe the person to be arrested, and it
shall order the police officer or officers to whom it is
directed to apprehend such person and bring him
before the court to answer the complaint or statement,
or to testify or otherwise according to the
circumstances of the case, and to be further dealt with
according to law.

Warrant issued 38. No warrant of arrest shall be issued in the first instance in
on complaint to respect of any complaint or statement unless such
be in writing on
oath
complaint or statement is on oath either by the
complainant himself or by a material witness.
Warrant may be 39. A warrant of arrest may be issued on any day including a
issued on any Sunday or public holiday.
day

Warrant to 40. 1. A warrant of arrest may be directed to a police officer by

whom directed name or to all police officers and any other law
and duration
enforcement agent or agency.
2. It shall not be necessary to make any such warrant
returnable at any particular time and a warrant shall
remain in force until it is executed or until it is cancelled
by a Judge or Magistrate, as the case may be.
3. Where a warrant has been executed and the person
arrested has been released the warrant shall no more be
valid for re-arresting the person.
 35
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Warrant of 41 1. Any court issuing a warrant of arrest may, if its

arrest may in immediate execution is necessary and no police officer
exceptional
cases be is immediately available, direct it to some other person
directed to other or persons and such person or persons shall execute
persons the same.
2. Any such person, when executing a warrant of arrest
directed to him, shall have all the powers, rights,
privileges and protection given to or afforded by law to
a police officer executing a warrant of arrest and shall
conform with the requirement placed by law on such
a police officer.

Procedure for 42. 1. Every warrant of arrest may be executed on any day
execution of including a Sunday or public holiday.
warrants
2. Every such warrant may be executed by any police
officer at any time and in any place in the State other
than within the actual court premises in which a
court is sitting.
3. The person executing any such warrant shall, before
making the arrest, inform the person to be arrested
that there is a warrant for his arrest unless there is
reasonable cause for abstaining from giving such
information on the ground that it is likely to occasion
escape, resistance or rescue.
4. Every person arrested on any such warrant shall,
subject to the provisions of sections 44 and 45 be
brought before the court which issued the warrant
within 24 hours after he is so arrested.

Power to arrest 43. A warrant of arrest may be executed notwithstanding that

on warrant but it is not in the possession at the time of the person
without the
warrant
executing the warrant but the warrant shall, on the
demand of the person arrested, be shown to him within 24
hours after his arrest.

44. 1. Any court, on issuing a warrant for the arrest of any

Court may direct person in respect of any matter other than an offence
particulars of
security to be
punishable with death, may, if it thinks fit, by
taken on endorsement on the warrant, direct that the person
execution of named in the warrant be released on arrest on his
warrant entering into such a recognizance for his appearance
as may be required in the endorsement.
2. The endorsement shall specify –
 36
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(a) the number of sureties, if any;

(b) the amount in which they and the person named
in the warrant are respectively to be bound;
(c) the court before which the person arrested is to
attend; and
(d) the time at which he is to attend, including an
undertaking to appear at a subsequent time as
may be directed by any court before which he may
appear.
3. Where such an endorsement is made, the officer in
charge of any police station or any other agency to
which on arrest the person named in the warrant is
brought, shall discharge him upon his entering into a
recognizance, with or without sureties approved by
that officer, in accordance with the endorsement,
conditioned for his appearance before the court and
at the time and place named in the recognizance.
4. Where security is taken under this Section the officer
who takes the recognizance shall cause it to be
forwarded to the court before which the person named
in the recognizance is bound to appear.
5. The provisions of subsections (3) and (4) of this Section
shall not have effect with respect to a warrant
executed outside the State.

Procedure on 45. 1. Where a warrant of arrest is executed outside the

arrest of division or district of the court by which it was
persons outside
Division or
issued, the person arrested shall, unless security is
District of Court endorsed as provided under Section 44 and such
issuing warrant security as to bail of the person is taken, be taken
before the court within the division or district in
which the arrest was made.
2. The court shall if the person arrested, on such inquiry
as the court considers necessary, appears to be the
person intended to be arrested by the court which
issued the warrant, direct his removal in custody to
that court, but if the person has been arrested in
respect of any matter other than an offence punishable
with death and:
(a) is ready and willing to give bail to the satisfaction
of the court within the division or district of which
he was arrested; or
(b) if a direction had been endorsed under section 44
of this Law on the warrant and the person is
ready and willing to give the security
required by the direction, the court shall take bail
or security, as the case may be, and shall
 37
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

forward the recognizance, if such be entered

into, to the court, which issued the warrant.
3. Nothing in this section is deemed to prevent a police
officer or officers of any other agency from taking
security under section 31 of this Law.

Re-arrest of 46. If a person in lawful custody escapes or is rescued, the

person person from whose custody he escapes or is rescued or any
escaping.
other person may pursue and arrest him.

Provisions of 47. The provisions of sections 14 and 15 of this law shall

sections 14 and apply to arrest under the last proceeding section,
15 to apply to
arrest under
although the person making any such arrest is not acting
section 46 under a warrant and is not a police officer having
authority to arrest.

Assistance to 48. Every person is bound to assist a judge, magistrate, police

judge, officer or any other person reasonably demanding his
magistrate or
police officer assistance in the –
(a) arrest or prevention of escape of any other person
whom the judge, magistrate, police officer or such
other person is authorised to arrest; and
(b) prevention or suppression of a breach of the peace, or
in the prevention of any injury attempted to be
committed on any person or any property.

Arrest on breach 49. Where any person who is bound by any recognizance
of recognizance entered into under this Law to appear before the court
for appearance
does not so appear, the officer presiding in such court may
issue a warrant directing that such person be arrested and
brought before him.

Public summons 50. If a court has reason to believe, whether after evidence or
for person not, that a person, against whom a warrant of arrest has
absconding
been issued by itself or by any court or Justice of the
Peace, has absconded or is concealing himself so that the
warrant cannot be executed, the court may publish a
public summons in writing requiring that person to appear
at a specific place and a specific time not more than thirty
days from the date of publishing the public summons.
Publication of 51. 1. A public summons shall be published as follows-
public summons (a) In a newspaper that enjoys wide circulation in the
State or circulated in any other medium as may be
appropriate;
(b) By affixing it to some conspicuous part of the
house or premises or to some conspicuous place
in the town or village, in which the person
ordinarily resides;
 38
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(c) By affixing a copy to some conspicuous part of the

High Court or Magistrate’s court building;
and
(d) By affixing a copy of same to some conspicuous
part of a place of worship.

2. A statement in writing from the Judge of the High Court

or a Magistrate to the effect that the public summons
was duly published on a specified day shall be
conclusive evidence that requirements of this section
have been complied with and that the public
summons was published on such day.

PART- SEARCH WARRANTS - ISSUE AND EXECUTION

Cases in which 52. 1. Where a court or justice of the peace is satisfied by
search warrants information upon oath and in writing that there is
may be issued
and application
reasonable ground for believing that there is in the
for search State in any building, carriage, receptacle, motor
warrant vehicle, aircraft or place –
(a) anything upon or in respect of which any offence
has been or is suspected to have been committed;
or
(b) anything which there is reasonable ground for
believing will afford evidence as to the
commission of any offence; or
(c) anything which there is reasonable ground for
believing is intended to be used for the purpose
of committing any offence, the court or justice of
the peace may at any time issue a warrant, called
a search warrant, authorizing an officer of the
court, member of the police force, or other person
therein named –
(i) to search such building, ship, carriage,
receptacle, motor vehicle, aircraft or place
for any such thing, and to seize and carry
such thing before the court or justice of the
peace issuing the search warrant or some
other court to be dealt according to law, and

(ii) to arrest the occupier of the house or place

where the thing was found if the magistrate
thinks fit so to direct on the warrant.

2. In this Section and section 53, “offence” includes an

offence against a law of any other State of Nigeria
which would be punishable in the State if it had been
therein committed.
 39
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Discharge of 53. 1. If the occupier of any building or the person in whose

suspected possession anything named in a search warrant is found,
persons
is brought before a court and complaint is not made that
he has committed an offence, he shall forthwith be
discharged by such court.
2. Every search warrant shall be under the hand of the
court or justice of the peace issuing the same.

Search warrant 54. Every search warrant shall remain in force until it is
to be signed by executed or until it is cancelled by the court or justice of
the court or
justice of the the peace that issued it.
peace
Duration

Search warrant 55. A search warrant may be directed to one or more persons
to whom and when directed to more than one it may be executed by
directed
all or by any one or more of them.

Time when 56. 1. A search warrant may be issued and executed on

search warrant any day including a Sunday or public holiday. It
may be issued
and executed
shall be executed between the hours of five o’clock in
the forenoon and eight o’clock at night but the court
or justice of the peace may, in its/his discretion,
authorize by the warrant the execution of the
warrant at any hour.
2. Where a court or justice of the peace authorizes the
execution of a search warrant at any hour other
than between the hours of five o’clock in the
forenoon and eight o’clock at night such
authorization may be contained in the warrant at
the time of issue or may be endorsed thereon by any
court or justice of the peace at any time thereafter
prior to its execution

Person in charge 57. 1. Whenever any building or other thing or place liable to
of closed place search is closed, a person residing in or being in
to allow access
charge of the building, thing or place shall, on
demand of the police officer or other person executing
the search warrant, allow him free and unhindered
access to it and afford all reasonable facilities for its
search.
2. If access into such building, thing or place cannot be
so obtained the police officer or other person
executing the search warrant may proceed in the
manner prescribed by sections 14 and 15 of this Law.
3. Where a suspect in or about a building is reasonably
suspected of concealing on his person any article, the
 40
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

suspect may be searched by an officer of the same sex

and may be taken to a police station for that purpose.
4. A search under this part shall, unless the court or
Justice of the Peace owing to the nature of the case
otherwise directs, be made in the presence of two
witnesses and the person to whom the search warrant
is addressed may also provide a witness within the
neighbourhood.
5. A list of all things found on his person and seize shall
be drawn up by the person carrying out the search
and shall be signed or sealed by the person to whom
the search warrant is addressed, the person
executing the search warrant and the witnesses, and
a witnessed copy of the list shall be delivered to the
person searched.
Execution of 58. 1. A person executing a search warrant beyond the
search warrant jurisdiction of the court or Justice of the Peace issuing it
outside
jurisdiction
shall, before doing so, apply to the court within whose
jurisdiction search is to be made and shall act under its
directions.

Magistrate may 2. A Magistrate or Justice of the Peace may direct a search

direct search in to be made in his presence of any place for the search of
his presence
which he is competent to issue a search warrant.

Detention of 59. 1. Subject to section 52 of this Law, when upon the

articles execution of a search warrant anything is recovered, it
recovered
shall be brought before a court having jurisdiction and the
court may detain or cause it to be detained, taking
reasonable care that it is preserved until the conclusion of
the trial and if an information is preferred against any
person after the preparation of the proofs of evidence, or if
any appeal is made, the court may order it to be further
detained in such manner and place and by such person as
the court may direct for the purpose of the trial or pending
the hearing of the appeal.
2. If no information is preferred against any person after
preparation of proofs of evidence or no appeal is made, the
court shall, except in the cases hereinafter mentioned,
unless it is authorised or required by law to dispose of it,
otherwise direct that –
(a) the property or a part thereof be restored to the
person who appears to the court to be entitled thereto, and
if he be the person charged, that it be restored either to
him or to such other person as the person charged may
direct; or
 41
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(b) the property or a part thereof be applied to the

payment of any costs or compensation directed to be paid
by the person charged.

Perishable 60. Where anything recovered under a search warrant and

articles may be brought before a court is of a perishable or noxious nature,
disposed of by
court
such thing may be disposed of forthwith in such manner
as the court may direct.

Search for and 61. If the thing to be searched for under a search warrant is
disposal of gunpowder, arms, ammunition, explosives or dangerous
gunpowder, etc
or noxious substance or thing, the person making the
search shall have the powers and protection as are given
by any written law for the time being in force to any person
lawfully authorized to search for any such thing, and the
thing itself shall be disposed of in the same manner as
directed by any such written law, or, in default of such
direction, as the Commissioner of Police or court may
either generally or in any particular instance order.

Destruction and 62. If, in consequence of the execution of a search warrant,

disposal of there is brought before any court any forged banknote,
forged banknote
and coin
banknote paper, counterfeit coin, instrument, or other
thing, used for forgery or counterfeiting, the possession of
which, in the absence of lawful excuse, is an indictable
offence according to any enactment for the time being in
force, the court or the judge may cause such thing to be
defaced or destroyed.

Transmission to 63. Where a search warrant is issued in respect of an offence

court of another against the law of any other State of Nigeria and a
State
summons has been issued for that offence, or any person
has been charged with that offence before a court of that
State, the court issuing the search warrant may unless it
has disposed of the thing in accordance with section 61,
transmit anything recovered and brought before it to that
court and in relation to anything so transmitted the
functions conferred upon a court by sections 60, 61 and
63 of this Law shall be exercised and performed by that
court instead of the court that issued the search warrant.

CHAPTER 4 – PREVENTION OF OFFENCES

Police to prevent 64. 1. Every police officer may intervene for the purpose of
offences and preventing, and shall to the best of his ability
prevent damage
to public prevent, the commission of any offence.
property
 42
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

2. A police officer may of his own authority intervene to

prevent any damage attempted to be committed in
his view to any public property, movable or
immovable, or the removal of or any damage to any
public landmark or buoy or other mark used for
navigation.

Information of a 65. Every police officer receiving information of a plan to

plan to commit commit any offence shall communicate such information
an offence
to the police officer to whom he is subordinate, and to any
other officer whose duty it is to prevent or take cognizance
of the commission of any such offence.

Arrest to prevent 66. Notwithstanding the provisions of this or any other written
commission of law relating to arrest, a police officer on reasonable
an offence
suspicion of a plan to commit any offence may arrest,
without orders from a judge or magistrate and without a
warrant, the person so planning, if it appears to such
officer that the commission of the offence cannot otherwise
be prevented.

Power to make 67. The Commissioner of Police or Controller of Prisons may

regulations make regulations for all or any of the following purposes –
(a) providing for the registration and photographing of
suspects and persons detained by the police or in
custody awaiting trial, and the manner, form, and
places in which registers of suspects and such other
persons shall be kept;
(b) prescribing the duties of officers of police or officers
in charge of prisons in connection with the
registration and photographing of convicts, suspects
and persons detained or in custody awaiting trial;
(c) providing for the taking by any authorised person of
the fingerprints of convicts, suspects and persons
charged with or being suspected of having committed
any felony, misdemeanour, or other offence
punishable by imprisonment for one month or more
and for the taking of the fingerprints for comparison,
of any person reasonably suspected of having made
a finger impression on any document or object likely
to become an exhibit in a criminal case;
(d) generally for the purpose of giving effect to the
objects and purposes of this Law.

Power of 68. Whenever a magistrate is informed on oath that any

magistrate to person is likely to commit a breach of peace or disturb the
require
execution of
public tranquility, or to do any wrongful act that may
recognizance for probably occasion a breach of the peace or disturb the
 43
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

keeping the public tranquility, the magistrate may in the manner

peace hereinafter provided, require such person to show cause
why he should not be ordered to enter into a recognizance,
with or without sureties, for keeping the peace for such
period not exceeding one year, as the magistrate thinks fit.
Proceedings shall not be taken under this Section unless –
(a) the person informed against is in the State; and
(b) such person is within the district to which the
magistrate is assigned or the place where the breach of the
peace or disturbance is apprehended is within the district
to which the magistrate is assigned.

Security for 69. Whenever a magistrate is informed on oath that any

good behaviour person is taking precautions to conceal his presence
for suspected
persons
within the local limits of such magistrate’s jurisdiction,
and that there is reason to believe that such person is
taking such precautions with a view to committing any
offence, such magistrate may in the manner hereinafter
provided, require such person to show cause why he
should not be ordered to enter into a recognizance with
sureties, for his good behaviour for such period not
exceeding one year, as the magistrate thinks fit.

Security for 70. Whenever a magistrate is informed on oath that any

good behaviour person within the local limits of his jurisdiction –
for habitual
offenders
(a) is by habit a robber, housebreaker, or thief; or
(b) is by habit a receiver of stolen property, knowing the
same to have been stolen; or
(c) habitually protects or harbours thieves, or aids in the
concealment or disposal of stolen property; or
(d) habitually commits or attempts to commit, or aids or
abets in the commission of any offence punishable
under chapter 33, 34, 35 or 40 of the Criminal Code;
or
(e) habitually commits or attempts to commit or aids or
abets in the commission of offences involving a breach
of the peace; or
(f) is so desperate or dangerous as to render his being at
large without security hazardous to the community;
such magistrate may, in the manner hereinafter
provided, require such person to show cause why he
should not be ordered to enter into a recognizance,
with sureties, for his good behaviour for such period,
not exceeding three years as the magistrate thinks fit.

Order to be 71. When a magistrate acting under sections 68, 69 or 70

made deems it necessary to require any person to show cause
 44
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

under such section, he shall make an order in writing

setting forth –
(a) the substance of the information received;
(b) the amount of recognizance to be executed;
(c) the term for which it is to be enforced; and
(d) the number, character and class of sureties
required, if any.

Procedure in 72. If the person in respect of whom such order is made is

respect of present in court, it shall be read over to him, or if he so
person present
in court desires, the substance thereof shall be explained to him.

Summons or 73. If such person is not present in court, the magistrate shall
warrant in case issue a summons requiring him to appear, or when such
of person not so
present person is in custody, a warrant directing the officer in
whose custody he is to bring him before the court:

Provided that whenever it appears to such magistrate,

upon the report of a police officer or upon other
information, the substance of which report or information
shall be recorded by the magistrate, that there is reason to
fear the commission of a breach of the peace, and that
such, breach of the peace cannot be prevented otherwise
than by the immediate arrest of such person, the
magistrate may at any time issue a warrant for his arrest.

Copy of order 74. Every summons or warrant issued under the last
under section 71 preceding section shall be accompanied by a copy of the
to accompany
summons or
order under section 71, and such copy shall be delivered
warrant by the officer serving or executing such summons or
warrant to the person served with or arrested under the
same.

Power to 75. The magistrate may, if he sees sufficient cause, dispense

dispense with with the personal attendance of any person called upon to
personal
attendance
show cause why he should not be ordered to enter into
recognizance for keeping the peace, and may permit him
to appear by a legal practitioner.

Inquiry as to 76. 1. When an order under section 71 has been read or

truth of explained under section 72 to a person in court or
information
when any person appears or is brought before a
magistrate in compliance with or in execution of a
summons or warrant issued under section 73, the
magistrate shall proceed to inquire into the truth of
the information upon which the action has been
 45
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

taken, and to take such further evidence as may

appear necessary.
2. Such inquiry shall be made, as nearly as may be
practicable, in the manner hereinafter prescribed for
conducting trials and recording evidence in trials
before Magistrates’ Courts.
3. Pending the completion of the inquiry under subsection
(1), the magistrate, if he considers that immediate
measures are necessary for the prevention of a breach
of the peace or disturbance of the public tranquility
or the commission of any offence or for the public
safety, may, for reasons to be recorded in writing,
direct the person in respect of whom the order under
section 71 has been made to enter into recognizance,
with or without sureties, for keeping the peace or
maintaining good behaviour until the conclusion of
the inquiry, and may detain him in custody until such
recognizance is entered into or, in default of
execution, until the inquiry is concluded:

Provided that –

(a) no person against whom proceedings are being

taken under section 68 shall be directed to enter into
a recognizance for maintaining good behaviour; and
(b) the conditions of such recognizance, whether as to
the amount thereof or as to the provisions of sureties
or the number thereof or the pecuniary extent of
their liability shall not be onerous than those
specified in the order under section 71; and
(c) no person shall be remanded in custody under the
powers conferred by this section for a period
exceeding fifteen days at a time.
4. For the purposes of this section the fact that a person
comes within the provisions of section 70 may be
proved by evidence of general repute or otherwise.
5. Where two or more persons have been associated
together in the matter under inquiry, they may be
dealt with in the same or separate inquiries as the
magistrate thinks fit.

Order to give 77. 1. If upon such inquiry it is proved that it is necessary for
security keeping the peace or maintaining good behaviour, as the
case may be, that the person in respect of whom the
inquiry is made should enter into a recognizance, with or
without sureties, the magistrate shall make an order
accordingly:
 46
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Provided that:–

(a) no person shall be ordered to give security of a

nature different from, or of an amount larger than,
or for a period longer than, that specified in the order
made under section 71;
(b) the amount of every recognizance shall be fixed with
due regard to the circumstances of the case and
shall not be excessive;
(c) when the person in respect of whom the inquiry is
made is a minor, the recognizance shall be entered
into as provided in section 95.

2. Any person ordered to give security for good behaviour

under this section may appeal to the High Court whose
decision shall be final.

Discharge of 78. If on an inquiry under section 76 of this Law, it is not

person informed proved that it is necessary for keeping the peace or
against
maintaining good behaviour, as the case may be, that the
person in respect of whom the inquiry is made should
enter into a recognizance, the magistrate shall make an
entry on record to that effect, and, if such person is in
custody only for the purpose of the inquiry, shall release
him, or, if such person is not in custody, shall discharge
him.

Commencement 79. If any person in respect of whom an order requiring

of period for security is made under section 77 of this Law is, at the
which security
is required
time such order is made, sentenced to or undergoing a
sentence of imprisonment, the period for which such
security is required shall commence on the expiration of
such sentence.
In other cases such period shall commence on the date of
such order unless the magistrate, for sufficient reason,
fixes a later date.

Conditions of 80. The recognizance to be entered into by such person shall

recognizance bind him to keep the peace or be of good behaviour, as the
case may be, and in the later case the commission or
attempt to commit or the aiding, abetting, counselling, or
procuring the commission anywhere within the State at
any time during the continuance of the recognizance of any
offence punishable with imprisonment, wherever it may be
committed, shall be a breach of the recognizance.

Power to reject 81. A magistrate may refuse to accept any surety offered under
sureties any of the preceding sections on the ground that, for
 47
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

reasons to be recorded by the magistrate, such surety is

an unfit person.

Procedure on 82. 1. If any person ordered to give security as aforesaid does

failure of person not give such security on or before the date on which
to give security
the period for which such security is to be given
commences, he shall, except in the case mentioned in
subsection (2) of this section, be committed to prison,
or if he is already in prison, be detained in prison until
such period expires or until within such period he
gives the security to the court or magistrate who made
the order requiring it.
2. When such person has been ordered by a magistrate
to give security for a period exceeding one year, such
magistrate shall, if such person does not give such
security as aforesaid, issue a warrant directing him to
be detained in prison pending the orders of the High
Court, and the proceedings shall be laid as soon as
possible before such court.
3. The High Court, after examining such proceedings and
requiring from the magistrate any further information
or evidence which it thinks necessary, may make
such order in the case as it thinks fit.
4. The period, if any, for which any person is imprisoned
for failure to give security in any specified amount
shall not exceed the term prescribed in respect of a
like sum in the scale of imprisonment set forth in
section 422 of this Law.
5. If the security is tendered to the officer in charge of the
prison, he shall forthwith refer the matter to the court
or magistrate who made the order and shall await the
order of such court or magistrate.

Power to release 83. Whenever a magistrate is of opinion that any person

persons imprisoned for failing to give security may be released
imprisoned for
failure to give
without hazard to the community, such magistrate shall
security by High make an immediate report of the case for the order of the
Court High Court, and such court may, if it thinks fit, order such
person to be discharged.

Power of High 84. The High Court may at any time, for sufficient reasons to
Court to cancel be recorded in writing, cancel any recognizance for keeping
recognizance
the peace or for good behaviour executed under any of the
preceding sections by order of any court.

Discharge of 85. 1. Any surety for the peaceable conduct or good behaviour
sureties of another person may at any time apply to a magistrate to
 48
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

discharge any recognizance executed under any of the

preceding sections within the district to which the
magistrate is assigned.
2. On such application being made, the magistrate shall if
satisfied that there is good reason for the application issue
a summons or warrant, as he thinks fit, requiring the
person for whom such surety is bound to appear or to be
brought before him.
3. When such person appears or is brought before the
magistrate, such magistrate after hearing such person
may discharge the recognizance and in such event order
such person to give, for the unexpired portion of the term
of such recognizance, fresh security of the same
description as the original security. Every such order shall
for the purposes of Sections 79, 80, 81 and 82 be deemed
to be an order under section 71 of this Law.

CHAPTER 5 – BAIL AND RECOGNIZANCES

Release on bail 86 1. When any person has been taken into custody
of a person without a warrant for an offence other than an
arrested without
warrant
offence punishable with death, any officer in charge
of a police station or other agency may in any case,
and shall, if it will not be practicable to bring such
person before a magistrate having jurisdiction with
respect to the offence charged within twenty-four
hours after he was so taken into custody, inquire
into the case, and, unless the offence appears to
such officer to be of a serious nature, discharge the
person upon his entering into a recognizance with or
without sureties for a reasonable amount to appear
before a court at the time and place named in the
recognizance, but where such person is retained in
custody he shall be brought before a court having
jurisdiction with respect to the offence or
empowered to deal with such person within 24
hours whether or not the police inquiries are
completed.

2. The officer in charge of a police station or any other

agency may release the person arrested on bail upon
entering into a recognizance with or without surety
to appear before the court or at the police station or
agency at the time and place named in the
recognizance.
3. In the event of the accused jumping bail, the surety
shall be liable to pay the sum as stated in the bail
bond.
 49
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

4. Where a person is taken into custody and it appears

to the police officer in charge of the station that the
offence is of a capital nature, the police officer shall
bring the person arrested before a court having
jurisdiction with respect to the offence or
empowered to deal with such person within a
reasonable time.

Remedy of a 87. 1. Where a person taken into custody is not released

detained person on bail, a court having jurisdiction with respect to
and power of
court to release the offence may be notified by an application on
him on bail behalf of the arrested person.

2. The court shall order the production of the person

detained and inquire into the circumstances
constituting the grounds of the detention and where
it deems fit admit the person detained to bail.

Classification of 88. Notwithstanding any other provision of this law-

bail (a) In any offences punishable with death, bail may be
granted only by the High Court.
(b) In offences punishable with life imprisonment, bail
may be granted only by a Chief Magistrate and or a
High Court.
(c) In other felonies punishable with other terms of
imprisonment, misdemeanor or simple offences, bail
may be granted by any court of competent
jurisdiction.
(d) Each court shall create and maintain a bail register
showing details of the defendant, offence charged, the
conditions of bail, names, addresses and particulars
of sureties (if any) and any other relevant information.
(e) There shall be created a divisional bail register at all
judicial divisions which should be located at the office
of the Registrar of High Court in charge of the judicial
division.
(f) There shall be created a central bail register at the
state judicial headquarters in the office of the director
of litigation.
(g) Where a High court has granted bail to a defendant,
the same court shall try the substantive matter,
provided that where the bail was granted by a vacation
Judge, the matter can be assigned to any other court.
 50
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Discharge of 89. When any person has been taken into custody without a
person for want warrant, for an offence other than an offence punishable
of evidence
with death, the officer in charge of the police station or
other place for the reception of arrested persons to which
such person is brought, if after the inquiry is completed he
is satisfied that there is no sufficient reason to believe that
the person has committed any offence, shall forthwith
release such person.

Police to report 90. Officers in charge of police stations shall make a quarterly
arrest and report to the nearest magistrate the cases of all persons
detention
arrested without warrant within the limits of their
respective stations whether such persons have been
admitted to bail or not. The magistrate shall notify the
chief registrar of the High Court of such report who shall
forward the same to the Chief Judge for necessary actions.

Court may direct 91. 1. Any court, on issuing a warrant for the arrest of any
particulars of person in respect of any matter other than an offence
security to be
taken on
punishable with death, may if it thinks fit, by endorsement
execution of on the warrant, direct that the person named in the
warrant warrant be released on arrest on his entering into such a
recognizance for his appearance as may be required in the
endorsement.

2. The endorsement shall specify –

(a) the number of sureties, if any;
(b) the amount in which they and the person named in
the warrant are respectively to be bound;
(c) the court before which the person arrested is to
attend; and
(d) the time at which he is to attend, including an
undertaking to appear at a subsequent time as may be
directed by any court before which he may appear.

3. Where such an endorsement is made, the officer in

charge of any police station to which on arrest the person
named in the warrant is brought, shall discharge him
upon his entering into a recognizance, with or without
sureties approved by that officer, in accordance with the
endorsement stipulating the condition for his appearance
before the court and at the time and place named in the
recognizance.
4. Where security is taken under this section the officer
who takes the recognizance shall cause it to be forwarded
to the court before which the person named in the
recognizance is bound to appear.
 51
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

5. The provisions of subsections (3) and (4) shall not

have effect with respect to a warrant executed
outside the State.
When bail may 92. A person charged with any offence punishable with death
be granted by shall not be admitted to bail, except by a judge of the High
High Court only
Court.

When Where a person is charged with any felony other than a

discretionary felony punishable with death, the court may, if it thinks
fit, admit him to bail.

When to be When a person is charged with any offence other than

ordinarily those referred to in the two last preceding subsections, the
granted
court shall admit him to bail, unless it sees good reason to
the contrary.
Bail in respect 93. Where any person is brought before a court on any process
of matters other in respect of any matter not included within section 92,
than offences
such person may in the discretion of the court be released
upon his entering into a recognizance stipulating the
condition for his appearance before such court.

94. The security for bail in any case shall be at the discretion
Security for bail of the court having regard to the circumstances of the case
and shall not be excessive.

Recognizance in 95. Where in any case the person in respect of whom the court
respect of makes an order requiring that a recognizance be entered
minors
into is a minor, the minor shall not execute the
recognizance but the court shall require a parent, legal
guardian or other fit person, with or without sureties, to
enter into a recognizance that the minor shall do what is
required under the court’s order.

Sureties 96. 1. A defendant admitted to bail may be required to produce

surety or sureties, as in the opinion of the court admitting
him to bail, will be sufficient to ensure his appearance as
and when required and shall with him or them enter into
a recognizance accordingly.
2. The court shall make direction and impose conditions it
deems necessary to ensure that the identity, residence and
status of the surety is properly verified.
3. No person shall be denied or prevented from entering
into any recognizance or standing as a surety or providing
any security on the ground that the person is a woman.
 52
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Admission to 97. A judge of the High Court may, if he thinks fit, admit any
bail after its person charged before a lower court in Enugu State
refusal
subject to the jurisdiction of the High Court to bail
although the court before which the charge is made has
not thought fit to do so.

Notice of right to 98. An application by or on behalf of a defendant to a judge of

apply for bail the High Court for bail in any case where a lower court has
refused bail to the defendant or where the offence is not
bailable by a lower court, shall be made by a motion on
notice to the prosecution.

Judge may vary 99. Notwithstanding the provisions of sections 87 and 88, a
bail fixed by judge of the High Court may in any case direct that any
magistrate or
police
person in custody in Enugu State be admitted to bail or
that the bail required by a magistrates’ court or police
officer be reviewed.

Before whom 100. When in respect of any recognizance the court has fixed
recognizance the amount in which the sureties, if any, are to be bound,
may be
executed
the recognizance need not be entered before the said court,
but may be entered into by the parties before any other
court, or before any registrar, or before any superior officer
of police or officer in charge of a police station, or where
any of the parties is in a government prison before the
superintendent or other person in charge of such prison,
and thereupon all the consequences of law shall ensue and
the provisions of this Law with respect to recognizance
before a court shall apply as if the recognizance had been
entered into before the said court.

Mode of entering 101. Where as a condition for the release of any person he is
into required to enter into a recognizance with sureties, the
recognizance
recognizance of the sureties may be taken separately and
either before or after the recognizance of the principal, and
if so taken the recognizance of the principal and sureties
shall be as binding as if they had been taken together and
at the same time.

Conditional bail 102. Where a person is released on bail, the recognizance may
be conditioned for his appearance at every time and place
to which during the course of the proceedings the hearing
may from time to time be adjourned, without prejudice,
however, to the power of the court to vary the order at any
subsequent hearing.

Discharge from 103. 1. Where the entering into of a recognizance is a condition

custody of the release of any person, that person shall be released
 53
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

as soon as the recognizance has been entered into and if

he is in prison or police custody, the court shall issue an
order of release to the officer in charge of the prison or
other place of detention and such officer on receipt of the
order shall release him.

2. Nothing in this section or in any other section relating

to bail shall be deemed to require the release of any person
liable to be detained for some matter other than that in
respect of which the recognizance was entered into or to
which the bail relates.

Person bound 104. If it is made to appear to any court by information on oath

by recognizance by a complainant, surety or other person that any person
absconding may
be committed to
bound by recognizance to appear before any court or police
prison officer is about to leave Enugu State or, for the purpose of
evading justice, is about to leave the division or district of
the court before which he is to appear or in which he
normally resides, the court may cause him to be arrested
and may commit him to prison until the trial unless the
court deems it fit to admit him to bail upon further
recognizance.

Reconsideration 105. Where a defendant has been admitted to bail and

of amount of circumstances arise which, if the defendant had not been
bail on
application by
admitted to bail would, in the opinion of a law officer or
law officer or police officer, justify the court in refusing bail or in
police requiring bail of greater amount, a judge or magistrate, as
the case may be, may on the circumstances being brought
to his notice by a law officer or police officer, issue a
warrant for arrest of the defendant and, after giving the
defendant an opportunity of being heard may either
commit him to prison to await trial or admit him to bail for
the same or an increased amount as the judge or
magistrate may think just.

Power to revoke 106. 1. When a defendant who has been admitted to bail by a
or require higher magistrate is indicted by a law officer for an offence which
bail
is not bailable by a magistrate, the magistrate shall, on
being informed of the fact by any superior police officer,
issue a warrant for the arrest of the defendant and commit
him to prison.
2. For the purposes of this section, a person shall be
deemed to be indicted when the information against him
has been filed in the High Court.
Variation of a 107. If at any time after a recognizance has been entered into,
recognizance if it appears to the court that for any reason the surety or
 54
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

surety sureties are unsuitable, such court may issue a summons

unsuitable or warrant for the appearance of the principal, and upon
his coming to the court may order him to execute a fresh
recognizance with other surety or sureties, as the case may
be.
Discharge of 108. 1. All or any of the sureties to a recognizance may at any
sureties on the time apply to the court which caused the recognizance to
appearance of
another be taken to discharge the bond either wholly or so far as
relates to the applicant; provided that the order for the
discharge of the applicant shall not be made unless the
defendant is present in the court.
2. On an application under subsection (1) of this section,
the court shall issue a warrant for the arrest of the
person on whose behalf the recognizance was executed
and on his appearance shall discharge the recognizance
either wholly or so far as relates to the applicant and
shall require the person to find other sufficient sureties
or meet some other conditions and if he fails to do so,
may make such order as it considers fit.

Order of fresh 109. When a surety to a recognizance becomes insane,

security upon insolvent or dies or otherwise becomes legally
original order
incapacitated or when a recognizance is forfeited, the court
may order the person from whom the recognizance was
demanded to furnish fresh security in accordance with the
directions of the original order and, if the security is not
furnished, the court may proceed as if there had been
default in complying with the original order.
Death of surety 110. Where a surety to a recognizance dies before the
recognizance is forfeited, his estate shall be discharged
from all liability in respect of the recognizance.
Where a surety to a recognizance dies, the court shall issue
a warrant of arrest of the defendant and upon his
appearance in court shall impose fresh condition of bail.

Forfeiture of 111. 1. Whenever it is proved to the satisfaction of the court

recognizance by which a recognizance has been taken or, when the
recognizance bond is for appearance before a court and it
is proved to the satisfaction of the court, that a
recognizance has been forfeited, the court shall record
the grounds of proof and may call on any person bound
by the bond to pay the penalty thereof or to show cause
why it should not be paid.
2. If sufficient cause is not shown and the penalty is not
paid, the court may proceed to recover the penalty from a
 55
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

person bound, or from his estate if he is dead, in the

manner laid down in this Law for the recovery of fines.
3. A surety’s estate shall only be liable under this section
if the surety dies after the recognizance is forfeited.
4. When the penalty is not paid and cannot be recovered
in manner provided in this Law, the person bound shall
be liable to imprisonment for a term not exceeding six
months.
5. The court may at its discretion remit any portion of the
penalty and enforce payment in part only.

Mitigation of 112. The court may at any time cancel or mitigate the forfeiture,
forfeiture upon the person liable under the recognizance applying
and giving security, to the satisfaction of the court, for the
future performance of the condition of the recognizance,
and paying or giving security for the payment of the costs
incurred in respect of the forfeiture or upon such other
conditions as the court may think just.

113. Where a recognizance to keep the peace and to be of good

Forfeiture on behaviour or not to do or commit some act or thing, has
conviction
been entered into by a person as principal or as surety
before a court, a court, on proof of that the person bound
by the recognizance as principal has been convicted of an
offence which is by law a breach of the condition of the
recognizance, may by order, adjudge-
(a) the recognizance to be forfeited; and
(b) the persons bound by it, whether as principal or as
sureties or any of those persons, to pay the sums for
which they are respectively bound.

114. A certified true copy of the judgment of the court by which

Evidence of such person was convicted of such offence may be used as
conviction
evidence in proceedings under section 113 and, if such
certified copy is used, the court shall presume such
offence was committed by such person until the contrary
is proved.

Where 115. (a) Where a defendant who is bound by recognizance or a

recognizance
forfeited
bond to appear before a court fails to appear, the court
warrant may may issue a warrant for his arrest.
issue (b) Where a suspect who is bound by a recognizance or a
bond to appear at a police station fails to appear, the police
shall apply to the court for a warrant for his arrest and the
court may if satisfied with facts in support of the
application issue a warrant for his arrest; provided that
the magistrate upon such application may issue a warrant
 56
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

for his arrest and production before the Magistrate within

24 hours

Payment on 116. All sums paid or recovered in respect of a recognizance

recognizance declared or adjudged by a court in pursuance of section
115 of this Law to be forfeited shall be paid to the Chief
Registrar of the court.

Appeal 117. Any order for forfeiture made under sections 111 or 113
shall be subject to appeal in the case of magistrate’s order
to the High Court and in the case of a judge’s order to the
Court of Appeal.

Registration of 118. 1. The Chief Judge may make a regulation for the
bondsperson registration and licensing of corporate bodies or persons to
act as bondsperson within the jurisdiction of the court in
which they are registered.
2. A person shall not engage in the business of bail bond
services without being duly registered and licensed in
accordance with the subsection (1) of this section.
3. A person who engages in bail bond services without
registration and license or in contravention of the
regulation or terms of his license is liable to a fine of five
hundred thousand naira or imprisonment for a term not
exceeding twelve months or to both fine and
imprisonment.
4. On conviction under this section, the court shall
forward a report to the Chief Judge, and in instances of
gross violation of the terms of the license the Chief Judge
shall revoke the license.
5. A bonds person registered under subsection (1) of this
Section may undertake recognizance, act as surety, or
guarantee the deposit of money as required by the bail
condition of a person granted bail by the court within the
division or district in which the bondsman is registered.
6. A person or organization shall not be registered as a
bondsperson unless the person is, or the organization is
composed of persons of unquestionable character and
integrity and deposits with the Chief Judge sufficient bank
guarantee in such amount as may be determined by the
Chief Judge in the regulation, having regard to the
registered class or limit of the bondsman’s recognizance;
7. A registered bondsperson shall maintain with a bank or
insurance company designated in his license, such fully
paid deposit to the limit of the amount of bond or
recognizance to which his license permits him to
undertake.
 57
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

8. The Chief Judge shall cause to be withdrawn the license

of a bondsperson in the following circumstance-
(a) where he contravenes the terms of his license;
(b) where he unreasonably forfeits his bond for non-
production of a defendant under his recognizance;
(c) where he becomes insolvent, bankrupt or otherwise
legally incapacitated; or
(d) if he is convicted for an offence involving fraud or
dishonesty.

Bondsperson 119. A bondsperson may arrest a defendant or suspect who is

may arrest absconding or who he believes is trying to evade or avoid
absconding
defendant or
appearance in court and shall-
suspect (a) immediately hand him over to the nearest police
station;
(b) the person arrested shall be taken to the appropriate
court within twenty four hours.

CHAPTER 6 - ENFORCING APPEARANCE IN COURT

OF DEFENDANT AND WITNESSES
General 120. Every court has authority to cause to be brought before it
authority to any person who is within the jurisdiction and is charged
bring persons
before courts
with an offence committed within the State, or which
according to law may be dealt with as if such offence had
been committed within the jurisdiction and to deal with
such person according to law.

Compelling 121. A court may issue a summons or warrant to compel the

appearance of a appearance before it of any defendant for having
defendant
committed in any place, whether within or outside Nigeria,
any offence triable in the State.

Issue of 122. Where a complaint is made before a magistrate as provided

summons and under this Law and the magistrate decides to issue
contents thereof
summons in the first instance, such magistrate shall issue
a summons directed to the person complained against,
stating concisely the substance of such complaint and
requiring him to appear at a certain time and place being
not less than 48 hours after the service of such summons
before the court to answer to the said complaint and to be
further dealt with according to law.

Hearing by 123. The court may, if it thinks fit and with the consent of the
consent before parties, hear and determine a complaint notwithstanding
return date of
summons that the time within which the defendant was required to
appear may not have elapsed.
 58
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Discretion in ex- 124. An application for summons under this Chapter may be
parte made ex parte and the magistrate may make such orders
application
as to notices as he deems fit in the circumstances.

Summons to be 125. Every summons issued by a court under this Law shall be
in duplicate in writing, in duplicate, signed by the presiding officer of
such court or by such other officers as the Chief Judge
may from time to time prescribe.

Issue and 126. A summons may be issued or served on any day including
service on any a Sunday or public holiday.
day

Service of 127. Every summons shall be served by a police officer or by an

summons officer of the court issuing it or other public servant or
through a courier service company duly registered with the
office of the Chief Judge as a process serving agent of the
court.

Normal methods 128. 1. The person effecting service of a summons shall effect it
of effecting by delivering it –
service and the
use of electronic (a) if on an individual, to him personally; or
mail (b) if on a firm or corporation;
(i) to one of the partners, or
(ii) to a director, or
(iii) to the secretary,
(iv) to the chief agent within the jurisdiction, or
(v) by leaving the same at the principal place of
business in Nigeria of the firm or corporation,
or
(vi) to anyone having, at the time of service, control
of the business of the firm or corporation; or
(c) if on a local government council then in accordance
with the provisions of the Local Government Law, relating
to service of court processes; or
(d) if on the Nigeria Police Force or any police officer, to
the office of the Commissioner of Police of the State.
2. The Chief Judge may make regulations or Practice
Directions on the use of electronic mails in service of
summons or other processes under this Law.

Service other 129. If service in the manner provided by paragraph (a) of

than personal section 128 cannot be conveniently and safely effected, the
service
court may order that service be effected either –
(a) by affixing one of the duplicates of the summons to
a conspicuous place in the premises where the person
to be served ordinarily resides; or
 59
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(b) where the court is satisfied that the person to be

served is literate by publication of the summons in the
State Official Gazette or in a newspaper circulating within
the jurisdiction of the court from which the summons
issued;
Provided that before the court makes the order, the court
shall also be satisfied that the person to be served
ordinarily resides within the State and provided further
that the court shall not make an order for substituted
service of a summon unless it is satisfied that personal
service cannot be conveniently and safely effected.

130. 1. Where the person summoned is in service of

Service on Government, the court issuing the summons may
Government
servant
send it in duplicate to the Director, Head of the
Department in which the person is employed for the
purpose of being served on such person, if it shall
appear to the court that it may be most conveniently
so served, and such Director or Head of Department
shall thereupon cause the summons to be served in
the manner provided by paragraph (a) of Section 128
and shall return the duplicate to the court under his
signature, with the endorsement required by Section
132. Such signature shall be evidence of the service.

2. Notwithstanding the provisions of subsection (1) of

this section, a person in the service of Government,
may by order of the court, be served in any of the
modes set out in Section 129 of this Law.

Service outside 131. 1. Where the officer who served a summons is not
jurisdiction of present at the hearing of the case, proof of such
court
service, if within the division or district of the court
issuing the summons, may be by endorsement on
the duplicate of such summons and when service
has been effected outside the division or district of
the issuing court, proof of service shall be by
affidavit made before a commissioner for oath or
other prescribed person and such endorsement and
affidavit shall form part of the record.

2. Such endorsement and affidavit shall show the

manner in which such summons was served and in
the case of an affidavit may be attached to the
duplicate of the summons and returned to the
issuing court.
 60
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Proof of service 132. 1. Where the officer who served a summons is not present
when serving at the hearing of the case, proof of such service if within
officer not
present
the division or district of the court issuing the summons,
may be by endorsement on the duplicate of such summons
and when service has been effected outside the division or
district of the issuing court, proof of service shall be by
affidavit made before a magistrate or other prescribed
person and such endorsement and affidavit shall form part
of the record.

2. Such endorsement and affidavit shall show the manner

in which such summons was served and in the case of an
affidavit may be attached to the duplicate of the summons
and returned to the issuing court.

Receipt of 133. 1. Where a summons has been served upon the person to
service whom it is addressed or is delivered to any other person,
summons
the person to whom it is addressed or the person to whom
it is delivered, as the case may be, shall sign a receipt
thereof on the back of the duplicate.
2. Where service is not effected by handing the summons
to an individual but by some other method provided in this
Law, the person effecting service shall endorse and sign on
the duplicate particulars of the method by which he has
effected service.
Person refusing 134. Every person who is required to sign a receipt on the back
to give receipt of a duplicate summons to the effect that he has received
may be arrested
the summons and fails to sign such receipt may be
arrested by the person serving the summons and taken
before the court which issued the summons and may be
detained in custody or committed to prison for such time
not exceeding 14 days as the court may think necessary.

Summons 135. If the court is satisfied that the defendant has been served
disobeyed, with a summons and the defendant does not appear at the
warrant may be
issued
time and place appointed in and by the summons, the
court may issue a warrant to arrest him and cause him to
be brought before such court.

136. Where a complaint is made before a magistrate as provided

Issue of warrant in section 38 and such magistrate decides to issue a
for defendant in
the first
warrant in the first instance, he shall issue a warrant to
instance arrest the person complained against and to bring him
before the court to answer the said complaint and be dealt
with according to law.
 61
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Application of 137. Where a warrant of arrest is issued in consequence of a

sections 37 to complaint on oath as aforesaid, the provisions of sections
46 to such
warrant 37 to 46, and 91 shall apply to such warrant.

Warrant may 138. Notwithstanding the issue of a summons as in section 176

issue before or provided, a warrant may be issued at any time before or
after return date
of summons after the time appointed for the appearance of the
defendant.

Power of court to 139. 1. Where any person for whose appearance or arrest a
order prisoner to court is empowered to issue a summons or warrant is
be brought
before it confined in any prison, the court may issue an order to the
officer in charge of such prison requiring him to cause
such prisoner to be brought in proper custody at a time to
be named in the order before such court.
2. The officer so in charge, on receipt of such order, shall
act in accordance therewith and shall provide for the safe
custody of the prisoner during his absence from the prison
for the purpose aforesaid.

Issue of 140. 1. If the court is satisfied that any person is likely to give
summons for material evidence for the prosecution or for the defence,
witnesses.
the court may issue a summons to such person requiring
him to attend, at a time and place to be mentioned therein
before the court, to give evidence respecting the case and
to bring with him any specified documents or things and
any other documents or things relating thereto which may
be in his possession or power or under his control.

2. If the prosecutor is not a public officer, the person to

whom such summons is addressed, shall not be bound to
attend unless his travelling expenses as may be
determined by the court are tendered to him and the cost
of bringing the witness to court shall be borne by the state.

Service of 141. Every such summons shall be served upon the person to
summons on whom it is directed in the same manner as is set out in
witness
sections 128 or 130 or, with leave of the court section 129
and the provisions of sections 131 to 134 shall apply to
such summons.

Warrant for 142. If the person to whom any such summons is directed does
witness after not attend before the court at the time and place
summons
mentioned therein, and there does not appear to the court
on inquiry to be any reasonable excuse for such non-
attendance, then, after proof to the satisfaction of the court
that the summons was duly served or that the person to
whom the summons is directed willfully avoids service, the
 62
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

court, on being satisfied that such person is likely to give

material evidence may issue a warrant to arrest him and
to bring him at a time and place to be mentioned in the
warrant, before the court in order to testify as aforesaid.

Issue of warrant 143. If the court is satisfied in the first instance, by proof upon
for witness in oath, that any person likely to give material evidence,
first instance
either for the prosecution or for the defence, will not attend
to give evidence without being compelled so to do, then
instead of issuing a summons, it may issue a warrant in
the first instance for the arrest of such person.

Mode of dealing 144. 1. Every witness arrested under a warrant issued in the
with witness first instance, where the hearing of the case for which his
arrested under
warrant
evidence is required is appointed for a time which is more
than twenty-four hours after the arrest, shall if practicable
be taken before a magistrate, and the magistrate may, on
his furnishing security by recognizance to the satisfaction
of the magistrate for his appearance at such hearing, order
him to be released from custody, or shall, on his failing to
furnish such security, order him to be detained for
production at such hearing.
2. The provisions of this Law relating to bail of a defendant
and of recognizance shall apply to a witness.
3. A witness arrested or detained under this Section shall
not be kept in the same room or place as the defendant in
whose case he is to give evidence, if the defendant is in
custody: Provided that non-compliance with this
subsection shall not vitiate any proceedings.
Penalty on 145. Any witness who –
witnesses (a) refuses or neglects, without reasonable cause, to attend
refusing to
attend
at a court in compliance with the requirements of a
summons duly served in the manner prescribed by law; or
(b) departs from the precincts of the court without the
leave of the judge or magistrate holding the same shall be
liable on summary conviction, to a penalty not exceeding
ten thousand naira or to imprisonment for any term not
exceeding two months:
Provided that no complaint shall be made for any offence
under this section except by the order of the court made
during the hearing of the case for which the evidence of
the witness is required.
Non-attendance 146. Every witness who is present when the hearing or further
of witness on hearing of a case is adjourned, or who has been duly
adjourned
hearing notified of the time and place to which such hearing or
 63
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

further hearing is so adjourned, shall be bound to attend

at such time and place, and, in default of so doing, may be
dealt with in the same manner as if he had refused or
neglected to attend before the court in obedience to a
summons to attend and give evidence; provided that he
has been paid his witness allowance if he is witness for the
State.

Power to 147. 1. Whenever a court issues a summons in respect of any

dispense with offence for which the penalty is a fine not exceeding Ten
personal
attendance of thousand Naira or imprisonment for a term not exceeding
defendant in six months or both, the court on application of the
certain cases defendant-
(a) may dispense with the personal attendance of the
defendant where the offence is punishable by fine or
imprisonment or both; and
(b) shall dispense with personal attendance of the
defendant where the offence is punishable by fine only,
if the defendant pleads guilty in writing or appears and so
pleads by his legal practitioner or agent.
2. The court trying a case in which the presence of the
defendant has been dispensed with may, in his discretion,
at any subsequent stage of the proceedings, direct the
personal attendance of the defendant and, if necessary,
enforce the attendance by means of the issue of a warrant
to arrest the defendant and bring him before the court.

3. Where a Court imposes a fine on a defendant whose

personal attendance has been dispensed with under this
section, the Court may at the same time direct that if the
fine is not paid within a stated time, the amount shall be
recovered by distress or that the defendant shall be
imprisoned for a period calculated in accordance with the
provisions contained in this Law for the non-payment of a
fine.

4. If, in any case under this section where the attendance

of a defendant is dispensed with, previous convictions are
alleged against him and are not admitted in writing or
through his legal practitioner or agent, the court may
adjourn the proceedings and direct the personal
attendance and, if necessary, enforce his attendance in the
same manner as provided in subsection (2) of this section.

Persons in court 148. Any person present in court and compellable as a witness,
may be required whether a party or not in a cause, may be compelled by
to give evidence
though not the court to give evidence, and produce any document in
summoned his possession, or in his power, in the same manner and
 64
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

subject to the same rules as if he had been summoned to

attend and give evidence, or to produce such document
and may be punished in like manner for any refusal to
obey the order of the court.

Expenses of 149. Where any person appears before the court on summons,
witnesses for recognizance or by virtue of a warrant to give evidence
prosecution
against any person accused of any offence, the court may
order payment in accordance with the provisions of any
rules of court, of the costs and expenses of such witness
together with compensation for his inconvenience and loss
of time.

Expenses of 150. The court may in its discretion, at the request of any
witnesses for person who appears before such court on summons,
defendant
recognizance or by virtue of a warrant to give evidence on
behalf of a defendant, order payment in accordance with
the provisions of any rules of court to such witness of such
sum of the money as the court deems reasonable and
sufficient to compensate him for the expenses,
inconvenience and loss of time which he incurred or
sustained in attending before the court.

State to bear 151. 1. In cases involving death, the provisions of the Coroner’s
expenses for Law shall apply.
medical and
other bodily
examination 2. At any point where in the course of investigation, it
becomes necessary to conduct a medical examination,
including autopsy, the State shall appoint an appropriate
medical practitioner to perform the examination at no cost
to the complainant provided that the complainant and the
defendant may, if they desire, nominate an appropriate
medical personnel to be present at the examination, at
their own cost.

3. Where the medical personnel appointed in accordance

with (2) above declines or refuses to perform the
examination, or demands any payment from either the
complainant or defendant or induces any other condition
on them, a report of such will be made to the Court, and
the Court if satisfied of the truth of the allegation shall
upon conviction under this section impose punishment of
two months imprisonment or (N200,000) two hundred
thousand naira in lieu of imprisonment or both.

Establishment 152. 1. There shall be established a special unit in the office of

of witness the Honourable Attorney General of the State a Witness
support unit and
 65
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Witness support unit, to be headed by an officer not below the rank

Expenses Fund of Deputy Director.

2. The unit shall have the responsibility to -

a. keep record of witnesses bound over for the state in
each case,
b. make contacts with the witnesses to ensure they
attend court,
c. ensure that the expenses of the witnesses are paid
for attending court,
d. provide assistance and support to witnesses
including recommending to the Attorney General
any special protection that such witness may
deserve and request for,
e. ensure that witnesses’ summons are served and that
they are duly complied with,
f. provide support and necessary information to the
office of the Directorate of Public Prosecutions on the
conditions, availability, disposition and itinerary of
witnesses for the State, and
g. any other function that is incidental to the above,
and or as may be assigned by the Attorney
General
Manner of 153. A witness shall take an oath or make a solemn affirmation
taking oath or in such manner as the court considers binding on his
affirmation
conscience.

Witness 154. 1. When a person attending court and who is required to

refusing to be give evidence, without any sufficient excuse or reason-
sworn, or
produce (a) refuses to be sworn or to affirm as a witness;
documents (b) having been sworn or having taken affirmation
refuses to answer any question put to him;
(c) refuses or neglects to produce any document or
anything which he is required by the court to
produce,
the court may adjourn the hearing of the case and may
in the meantime by warrant, commit the person to
prison or other place of safe custody for a period not
exceeding thirty days.

2. Nothing in this section shall-

(a) affect the liability of the person to any other
punishment for refusing or neglecting to do what is so
required of him; or
(b) prevent the court from disposing of the case in the
meantime according to any other sufficient evidence
taken by it.
 66
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Adjournment 155. In addition to any other power conferred on a court, the

may be granted court may if it considers it proper so to do, on adjournment
subject to costs
to witnesses granted at the request of either or any party, direct that
the amount payable to any witness in accordance with the
provisions of this Law and any rules of court, or such sum
not exceeding such amount aforesaid as the court may fix,
shall be paid by the party requesting the adjournment to
such witness as may be present and whose evidence it has
not been possible to take owing to the granting of the
adjournment.

Ascertainment 156. The amount of the expenses and compensation payable to

of expenses of any witness attending before the court shall be ascertained
witnesses
by the registrar, certified under his hand and shall be paid
out of general revenue to the witness by the Attorney
General.

CHAPTER 7 – REMAND IN CERTAIN CIRCUMSTANCES

Adjournment on 157. Where in any proceedings before a court the defendant is
daily basis in custody and not granted bail, the court shall hear the
where bail is
refused
matter from day to day until conclusion.
Provided that where it is not possible to adjourn the
hearing of the matter from day to day, the adjournment
shall not exceed three days at any instance.
Court may bring 158. During remand the court may nevertheless order the
up person defendant to be brought before it.
remanded
during remand

Court may 159. If a court is satisfied that defendant who has been
adjourn where remanded is, by reason of illness or accident, unable to
defendant
cannot appear appear personally before the court at such adjournment
as in section 158 mentioned, such court may, in the
absence of the defendant, order him to be further
remanded for such time as may be deemed reasonable and
cause him to be so informed in writing.
Place of 160. All persons committed to prison under this Law shall be
commitment. committed to a Government prison or other place of safe
custody.

CHAPTER 8 — EFFECT OF ERRORS IN THE COURT

PROCESS
Irregularity in 161. When any defendant is before a magistrate whether
summons, voluntarily, or upon summons, or after being arrested with
or without warrant, or while in custody for the same or any
 67
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

warrant, service other offence, the proofs of evidence may be prepared or

or arrest. trial held notwithstanding any irregularity, illegality,
defect, or error in the summons or warrant, or the issuing,
service, or execution of the same, and notwithstanding the
want of any complaint upon oath, and notwithstanding
any defect in the complaint, or any irregularity or illegality
in the arrest or custody of the defendant.

Variation 162. No variance between the charge contained in the summons

between charge or warrant and the offence alleged in the complaint, or
and complaint. between any of them and the evidence adduced on the part
of the prosecution, shall affect the validity of any
proceedings at or subsequent to the trial.

Process valid 163. A summons, warrant of any description or other process

notwithstanding issued under any written law shall not be invalidated by
death or reason of the person who signed the same dying, ceasing
vacation of
office of person
to hold office or have jurisdiction.
issuing

Validity of 164. The following provisions shall have effect in respect of

process. warrants of commitment and warrants of distress -
(a) warrant of commitment shall not be held void by
reason only of any defect therein, if it is therein alleged
that the offender has been convicted, or ordered to do or
to abstain from doing any act or thing required to be done
or left undone, and there is a good and valid order to
sustain the same;

Warrant of (b) a warrant of distress shall not be held void by reason

commitment only of any defect therein, if it is therein alleged that an
order has been made, and there is a good and valid order
to sustain the same, and a person acting under a warrant
of distress shall not be deemed a trespasser from the
beginning by reason only of any defect in the warrant or of
any irregularity in the execution of the warrant; but this
enactment shall not prejudice the right of any person to
satisfaction for any special damage caused by any defect
in or irregularity in the execution of a warrant of distress.

Warrant of 165. 1. In addition to the provisions of this Law in respect of

distress warrants of arrest, all summonses, warrants of every
description and process of whatever description shall be
sufficiently addressed for service or execution by being
directed to the sheriff.
 68
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

2. Notwithstanding the provisions of subsection (1) any

such document may be addressed to a person by name or
to an officer by his official designation.

3. Where a warrant of arrest is addressed to the sheriff

such warrant may be executed by any police officer, officer
of any agency authorized by any law to do so, or officer of
a court.

CHAPTER 9 — CONTROL OF CRIMINAL

PROCEEDINGS
Nolle prosequi in 166. 1. In any criminal proceedings and at any stage thereof
criminal before judgment the Attorney-General may enter a nolle
proceedings.
prosequi, either by stating in court or informing the court
in writing that the State intends that the proceedings shall
not continue and thereupon the defendant shall be at once
discharged in respect of the charge or information for
which the nolle prosequi is entered.

2. If the defendant has been committed to prison he shall

be released, or if on bail the recognizance shall be
discharged, and, where the defendant is not before the
court when such nolle prosequi is entered, the registrar
or other proper officer of the court shall forthwith cause
notice in writing of the entry of such nolle prosequi to be
given to the officer in charge of the prison or other place
in which the defendant may be detained and such notice
shall be sufficient authority to discharge the defendant or
if he is not in custody shall forthwith cause such notice
in writing to be given to the him and his sureties and
shall in either case cause a similar notice in writing to be
given to any witnesses bound over to prosecute.

3. Where a nolle prosequi is entered in accordance with

the provisions of this section or section 167, the
discharge of a defendant shall not operate as a bar to any
subsequent proceedings against him on account of the
same facts.

Nolle Prosequi 167. 1. During the preparation of the proofs of evidence in a

during the charge in respect of an offence against a law of the State,
preparation of
proofs of
the Attorney-General may enter a nolle prosequi by
evidence informing the magistrate in whose court the defendant was
charged that he intends that the proceedings shall not
continue, and thereupon the defendant shall be at once
discharged in respect of the charge for which the nolle
prosequi is entered.
 69
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

2. Where a nolle prosequi is entered under this section the

provisions of subsection (2) of section 166 shall apply and
the court shall cause the appropriate action to be taken.

Withdrawal of 168. 1. In any trial before a magistrate’s court or during the

prosecution preparation of the proofs of evidence in a criminal charge,
against a
person
any prosecutor with the consent of the court may, or on
the instruction of the Attorney-General in the case of any
offence against a Law of the State shall, at any time before
judgment is pronounced or an information is preferred
withdraw from the prosecution of any person either
generally or in respect of one or more of the offences with
which such person is charged and upon such withdrawal
if it is made in the course of a trial-
(a) before the defendant is called upon to make his
defence, he shall be discharged in respect of such offence;
or
(b) after the defendant is called upon to make his defence,
he shall be acquitted in respect of such offence:

Before whom Provided that in any trial before a magistrate in which the
recognizance prosecutor withdraws in respect of the prosecution of any
may be offence before the defendant is called upon to make his
executed.
defence the magistrate may in his discretion order the
defendant to be acquitted if he is satisfied upon the merits
of the case that such order is a proper one and when any
such order of acquittal is made the magistrate shall
endorse his reasons for making such order on the record.

2. Where any private prosecutor withdraws from a

prosecution for any offence under the provisions of this
section the magistrate may, in his discretion, award costs
against such prosecutor.

3. A discharge of a defendant under this section shall not

operate as a bar to subsequent proceedings against him
on account of the same facts.

Law officer may 169. A law officer, where any charge of an indictable offence is
require case to being proceeded with summarily by a magistrate under the
be adjourned or provisions of this Law may, at any time before the decision
dealt with
specially
thereof, by order in writing under his hand, require such
magistrate to stop further proceedings and to transfer the
case to another magistrate within the same chief
magisterial district or to transmit the case file and all
statements and documents in the case to the Attorney-
General for the purpose of preparing the proof of evidence
in respect of the charge with a view to preferring an
information.
 70
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

General control 170. Where any person other than the Attorney-General
of prosecution prosecutes in any criminal proceedings for an offence
by the Attorney- against a law of the State or any public officer prosecutes
General
in his official capacity in any such criminal proceedings,
such person or public officer shall prosecute such case
subject to such general or specific directions as may be
given by the Attorney-General.

Names under 171. Where proceedings in respect of any offence against a Law
which of the State within the criminal jurisdiction of a court are
prosecution brought by a police officer in the exercise of his official duty
could be
instituted
and it is not provided by any written law that such
proceedings shall only be brought by or in the name of
some specified persons, such proceedings may, subject to
any special or general directions given by the Attorney-
General, be brought in the name of the public officer or
police officer instituting the proceedings or making the
arrest if any, or in the case of a member of the police force
in the name of the Commissioner of Police.

CHAPTER 10. – INSTITUTION OF CRIMINAL CASES

Right of making 172. Any person may make a complaint against any other
complaint person alleged to have committed or to be committing an
offence, unless it appears from the enactment on which
the compliant is founded, that any complaint for such
offence shall be made only by a particular person or class
of persons, in which case only the particular person or a
person of the particular class may make such a complaint.

Notwithstanding anything to the contrary contained in any

law, a police officer may make a complaint in a case of
assault even though the party aggrieved declines or
refuses to make a complaint.

Form and 173. 1. It shall not be necessary for any complaint to be in

requisites of writing, unless it is required to be so by the enactment on
complaint
which it is founded, or by some other enactment. If a
complaint is not made in writing, the court or registrar
shall reduce it into writing.

2. Subject to the provisions of Section 38, every complaint

may, unless some enactment otherwise requires, be made
without oath.

3. Every such complaint may be made by the complainant

in person, or by a legal practitioner representing him, or
by any person authorized in writing in that behalf, and
shall be heard in private.
 71
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

4. Every such complaint shall be for one offence only, but

such complaint shall not be avoided by describing the
offence or any material act relating thereto in alternative
words according to the language of the enactment
constituting such offence.

5. All complaints made to the court directly under this

section shall first be referred to the police and or other law
enforcement officers depending on the subject matter for
investigation before any action is taken by the court.

Form of 174. Every complaint, summons, warrant or other document

document in laid, issued or made for the purpose of or in connection
criminal
proceedings
with any proceedings before a court for any offence, shall
be sufficient if it contains a statement of the specific
offence with which the defendant is charged, together with
such particulars as may be necessary for giving reasonable
information as to the nature of the charge.

Rule as to 175. 1. Any person who believes from a reasonable or

statement of probable cause that an offence has been committed
exception
by any person whose appearance a magistrate has
power to compel, may make a complaint on oath
thereof to a magistrate who shall consider the
allegations of the complainant and may, in his
discretion, refuse to issue a process and record his
reasons for refusal, or may issue a summons or
warrant as he shall deem fit, to compel the
attendance of the defendant before a magistrate’s
court in district.

2. The magistrate shall not refuse to issue such

summons or warrant only because the alleged
offence is one for which an offender may be arrested
without warrant.

3. An exception, exemption, a proviso, condition, an

excuse, or a qualification, whether it does or does
not in any enactment creating an offence accompany
in the same section the description of the offence,
may be proved by the defendant, even if it is not
specified or refuted in the complaint.

Limitation of 176. In every case where no time is specially limited for making
period for a complaint for a summary conviction offence in the law
making a
relating to such offence, such complaint if made other than
by a person in his official capacity shall be made within six
 72
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

private months from the time when the matter of such complaint
complaint arose, and not after.

Information by 177. 1. Notwithstanding anything contained in this Law, the

the Attorney- Attorney-General may exhibit to the High Court
General
information for all purposes regarding the enforcement
of the Criminal Code or any other written law creating
offences and prescribing penalties therefor.
2. Such proceedings may be taken upon every such
information so far as the circumstances of the case and
the practice and procedure of the High Court will
admit.

Different 178. Criminal proceedings may in accordance with the

methods of provisions of this Law be instituted-
instituting
criminal
(a) in magistrates’ courts, on a charge or a complaint
proceedings whether or not on oath, and
(b) in the High Court-
(i) by information of the Attorney-General.
(ii) by information filed in the court after the
defendant has been summarily committed for
perjury by a judge or magistrate under the
provisions of Chapter 12;
(iii) by information filed in the court after the
preparation of the proofs of evidence;
(iv) on complaint whether on oath or not;
(v) by information or charge filed in the court by any
other prosecuting authority;
(vi) by information or charge filed by a private
prosecutor subject to the provision of this Law.

Procedure for 179. 1. Proceedings in a magistrates’ court may be instituted in

instituting either of the following ways –
criminal
proceedings in
(a) upon complaint to the court, whether or not on oath,
magistrates’ that an offence has been committed by any person whose
court presence the magistrate has power to compel, and an
application to such magistrate, in the manner hereinafter
set forth for the issuance of either a summons directed to,
or a warrant to arrest such person; or
(b) by bringing a person arrested without a warrant
before the court on a charge contained in a charge sheet
specifying the name, address, age, sex and occupation of
the person charged, the charge against him and the time
and place where the offence is alleged to have been
committed.
 73
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

2. The charge sheet filed by the prosecution shall be served

on the defendant within seven days of its being filed or
such time as the court may allow.
3. The trial of a charge preferred under subsection (1)
paragraphs (a) and (b) of this section shall commence not
later than thirty days from the date of filing the charge,
and the trial of the person brought under the charge shall
be completed within a reasonable time.
4. Where a charge is preferred under subsection (1)
paragraphs (a) and (b) of this section and the trial does not
commence within thirty days of bringing the charge, or
trial has commenced but has not been completed after the
expiration of the time prescribed in section 259 of this law,
the Court shall forward to the Chief Judge the particulars
of the charge and reasons for failure to commence the trial
or to complete the trial provided that the trial shall
continue from day to day pending the directive of the Chief
Judge.

5. A Court seized of criminal proceedings shall in every

quarter make quarterly returns of the particulars of all
cases, including charges, remand and other proceedings
commenced and dealt with in his Court within the quarter,
to the Chief Judge.

6. In reviewing the returns made by a Court under

subsections (4) and (5) of this section, the Chief Judge
shall have regard to the need to ensure that-
(a) criminal matters are speedily dealt with;
(b) congestion of cases in courts is drastically reduced;
(c) congestion of prisons is reduced to the barest
minimum; and
(d) persons awaiting trial are, as far as possible, not
detained in prison custody for unreasonable length
of time.

Front loading of 180. 1. The prosecution shall file and serve on the defendant or
processes at the his counsel, along with the charge sheet, or any other
magistrate court
originating process required under section 240, all
documents and description of material exhibits it intends
to rely on in the prosecution of the case within the time
prescribed in subsection 2 of this section.
2. The Defendant shall file and serve on the prosecution
all documents and materials it intends to rely for his
defence within 14 days of service on him by the
prosecution.
 74
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Prosecution of 181. Subject to the provisions of the Constitution of the Federal

offences Republic of Nigeria 1999, relating to the powers of
prosecution by the Attorney-General of the State,
prosecution of all offences in any court in the State shall
be undertaken by-
(a) the Attorney-General of the State or a Law Officer in
his Department;
(b) a legal practitioner authorised by the Attorney-
General of the State;
(c) a legal practitioner authorized by this Law or any
other enactment of the National Assembly;
(d) a member of the Nigeria Police Force;
(e) any other person authorized by any law in Enugu
State to prosecute offences under such law.

Returns by 182. 1. The Comptroller of Prisons shall make return every

Controller- of quarter the Chief Judge and to the Attorney-General of all
Prisons
persons awaiting trial held in custody within the state for
a period beyond one hundred and eighty days from the
date of arraignment.

2. The returns referred to in subsection (1) of this section

shall be in a prescribed form and shall include-
(a) the names of the persons held in custody or the
Awaiting Trial Persons (ATPs);
(b) passport photograph of the persons;
(c) the date of his arraignment or remand;
(d) the date of his admission to custody;
(e) the particulars of the offence with which he was
charged;
(f) the court before which he was arraigned;
(g) name of the prosecuting agency; and
(h) any other relevant information.

Summons and 183. In every case the court may proceed either by way of
warrant. summons to the defendant or by way of warrant for his
arrest in the first instance according to the nature and
circumstances of the case.

Venue. 184. Subject to the powers of transfer contained in the law

constituting any court, the place for the trial of offences by
such court shall be-

Place of (a) the place in which the court has jurisdiction and such
jurisdiction offences being those committed within such place;
where offence
committed.
 75
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Place of (b) when a person is accused of the commission of any

jurisdiction offence by reason of anything which has been done,
where offence
committed or of anything which has been omitted to be done, and
of any consequence which has ensued, such offence
may be tried by a court having jurisdiction in the
division or district in which any such thing has been
done or omitted to be done, or any such consequence
has ensued;

When offence (c) when an act is an offence by reason of its relation to

constituted by any other act which is also an offence, a charge of the
relation to
another offence
first mentioned offence may be tried by a court having
jurisdiction in the division or district either in which
it happened, or in which the offence, with which it was
so connected happened.

When place (d) (i) when it is uncertain in which of several divisions

uncertain or or districts an offence was committed; or
offence
distributed. (ii) when an offence is committed partly in one
division or district and partly in another; or
(iii) when an offence is a continuing one, and
continues to be committed in more divisions or
districts than one; or
(iv) when it consists of several acts committed in
different divisions or districts,
it may be tried by a court having jurisdiction in
any of such divisions or districts;

(e) an offence committed while the offender is in the

Offence course of performing a journey or voyage may be
committed on a
journey
tried by a court in or through or into the division or
district of whose jurisdiction the offender or the
person against whom or the thing in respect of
which the offence was committed resides, is or
passed in the course of that journey or voyage;

Offence at sea (f) an offence committed at sea or elsewhere out of

or out of Nigeria Nigeria, which according to law may be tried in
Nigeria, may be so tried at any place in Nigeria to
which the defendant is first brought, or to which he
may be taken thereafter.

Judge to decide 185. Whenever any doubt arises as to the magistrates’ court
in case of doubt before which any offence shall be charged or tried, a judge
of venue
shall, upon the application of a magistrate or the
defendant, decide in which magistrate’s court the offence
shall be charged or tried. Any such decision of a judge
shall be final and conclusive and not subject to appeal.
 76
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Defendant to be 186. 1. A magistrate, in this and in the next succeeding section

remitted in referred to as the remitting magistrate, before whom any
certain cases to
another
person who is within the magisterial district of such
magistrate magistrate and is charged with having committed an
offence within the magisterial district of another
magistrate is brought shall, unless he is authorised to
proceed in the case, send him in custody to the court
within the magisterial district in which the offence was
committed, or require him to give security for his
surrender to such last mentioned court, there to answer
the charge and to be dealt with according to law.

Courts having 2. If such offence as is mentioned in subsection (1) shall

concurrent have been committed in a district within which one or
jurisdiction
more courts shall have concurrent jurisdiction, the
remitting magistrate shall, unless he is authorised to
proceed in the case, send the person charged in custody
to such one of the courts having concurrent jurisdiction as
can most conveniently deal with the case, or require him
to give security for his surrender to such last mentioned
court, there to answer the charge and to be dealt with
according to law.

Transmission of 3. The remitting magistrate shall send to the court to

documents which the person charged is remitted for trial an
authenticated copy of the charge, summons, warrant, and
all other process or documents in his possession, relative
to such person.

Removal under 187. Where any person is to be sent in custody, a warrant shall
warrant be issued by the remitting magistrate, and the warrant
shall be sufficient authority to any person to whom it is
directed to receive and detain the person therein named,
and to carry him and deliver him up to the court to which
the person charged is remitted for trial. The person to
whom the warrant is directed shall execute it according to
its tenor without any delay.

Transfer of case 188. 1. If the defendant is in custody and the magistrate

where cause of directing such transfer thinks it expedient that such
complaint has
arisen out of
custody should be continued, or, if he is not in custody,
district of court. that he should be placed in custody, the magistrate shall,
by his warrant, commit the defendant to prison until he
can be taken before a magistrate of the district wherein the
cause of complaint arose.
 77
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Complaint and 2. The complaint and recognizance, if any, taken by such

recognizance to first named magistrate under the provisions of this Law
be transmitted
shall be by him transmitted to the magistrate before whom
the defendant is to be taken; and such complaint and
recognizance, if any, shall be treated to all intents and
purposes as if they had been taken by such last mentioned
magistrate.
Defendant not 3. If the defendant is not retained or placed in custody as
retained or aforesaid, the magistrate shall inform him that he has
placed in
custody
directed the transfer of the case as aforesaid, and
thereupon the provisions of the last preceding subsection
relating to the transmission and use of the documents in
the case shall apply.
Courts may 189. 1. Notwithstanding the provisions of sections 183, 184 and
assume 185; of this Law, a person may be charged and tried by a
jurisdiction
under certain
judge or magistrate of a division or district in which the
conditions. person-
(a) is arrested;
(b) is in custody on a charge;
(c) has appeared in answer to summons lawfully
issued, and if the judge or magistrate considers that
justice will be greater served and having regard to the
accessibility and convenience of witnesses, may proceed
to hear the charge.
2. The offence referred to in subsection (1) of this section
shall for all purposes be incidental to or consequential on
the prosecution, trial or punishment thereof be deemed to
have been committed in that division or district.
3. If at any time during the course of any proceedings
taken against any person before any court in pursuance of
this section it appears to the court that the defendant
would suffer hardship if he were proceeded against and
tried in the division or district aforesaid, the court shall
forthwith, but without prejudice to a magistrate’s powers
under this Law, cease to proceed further in the matter.
4. Where any person is charged with two or more offences,
he may be proceeded against, tried and punished in
respect of all those offences in any division or district in
which he could be proceeded against, tried or punished in
respect of any one of those offences, and all the offences
with which that person is charged shall, for all purposes
incidental to or consequential on the prosecution, trial or
punishment thereof, be deemed to have been committed in
that division or district.

Assumption of 190. If any cause is commenced in any other division or district

jurisdiction after than that in which it ought to have been commenced, the
 78
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

commencement judge or magistrate, as the case may be, may assume

of proceedings jurisdiction in accordance with the provisions of Section
181 and all acts performed and all decisions given by the
judge or magistrate during the trial or inquiry shall be
deemed to be valid in all respects as if the jurisdiction had
been assumed prior to the performance of the said acts
and the giving of the said decisions.

Trials. 191. Trials shall be held-

(a) in the High Court –
(i) on the information filed by a law officer or
private prosecutor, or a legal practitioner in
the Nigeria Police Force; or
(ii) on the information filed in the court after the
defendant has been summarily committed for
perjury by a judge or magistrate under the
provisions of Chapter 12; or
(iii) on information exhibited by the Attorney-
General under the provisions of Section 176;
or
(iv) summarily in accordance with the provisions
of Chapter 11.
(b) in magistrates’ courts summarily in accordance with
the provisions of Chapter 11.

CHAPTER 11 – SUMMARY TRIAL

Summary trials. 192. The provisions of this chapter shall apply to offences
triable
summarily, to wit-
(a) all trials in the High Court other than on information,
and
(b) all trials in the High Court in respect of offences for
which it is provided that a trial can be held in the High
Court otherwise than on information and for which no
special procedure is provided, and
(c) all trials in any Magistrate’s Court to the extent of the
jurisdiction of the magistrate adjudicating, and
(d) all offences declared by any written law to be triable
summarily or by a magistrate.
(e) summary conviction offences.

Application of 193. The provisions of this Law, other than those relating to the
parts of the Law preparation of proofs of evidence where necessary, shall
to processes apply to trials under this chapter save that where the
under this provisions of this chapter conflict with the provisions so
chapter applied, the provisions of this chapter shall prevail.

Time and place 194. On the day and at the place mentioned in the summons or
of hearing. on the day and at the place on and to which the defendant
is brought before the court under a warrant, as the case
 79
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

may be, the case with respect to which the complaint has
been made shall be called for hearing in the court.

Non-appearance 195. Where a case is called up and the defendant appears

of complainant. voluntarily in obedience to the same summons or is
brought before the court under a warrant and the
prosecution is not ready or willing to proceed with his case,
the court may in appropriate circumstances, strike out the
charge; Provided that where evidence has been led by the
prosecution, the court shall close the case of the
prosecution and call upon the defendant to open his case.
Non-appearance 196. 1. If when a summons case is called the defendant does
of defendant not appear and no sufficient excuse is offered for his
absence then the court, if satisfied that the summons, if
any, has been duly served, may issue a warrant, called a
bench warrant, for his arrest or if not satisfied that the
summons has been duly served or if a warrant had been
issued, in the first instance, for the apprehension of the
defendant the court may adjourn the hearing of the case
to some future day, in order that proper service may be
effected or until the defendant be apprehended, as the case
may be.

2. If the defendant is afterwards apprehended on a bench

warrant or other warrant as aforesaid, he shall be brought
before the magistrate who shall thereupon commit him by
warrant to prison or to such other place of safe custody as
he may think fit, and order him to be brought at a certain
time and place before the court; and of such time and place
the complainant shall, by direction of the magistrate, be
served with due notice.

Non-appearance 197. 1. If, when the case is called neither the complainant nor
of both parties. the defendant appears, the court shall make such order as
the justice of the case requires.

2. In such order the court may include such direction as

to payment of costs as the court shall deem fit, and the
payment of such costs may be enforced in the manner and
subject to the conditions set forth in Chapter 31 as if it
were a fine.

Appearance of 198. If, when the case is called both the complainant and the
both parties defendant appear, the court shall proceed to hear and
determine the case.

Withdrawal of 199. If a complainant at any time before a final order is made

complaint. in any case under this chapter satisfies the court that
there are sufficient grounds for permitting him to withdraw
his complaint the court may permit him to withdraw the
same and shall thereupon acquit the accused unless the
court directs that the defendant instead of being acquitted
 80
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

shall be discharged.

Manner of 200. 1. At the commencement of the hearing, the court shall

hearing. state or cause to be stated to the defendant the substance
of the complaint, and shall ask him whether he is guilty or
not guilty.

When defendant 2. If the defendant pleads guilty, the prosecutor shall state
pleads guilty the facts of the case, and if the court is satisfied that the
defendant intends to admit the offence and shows no
cause or no sufficient cause why sentence should not be
passed, the court shall proceed to convict and sentence.

Witnesses in 3. If the defendant says that he is not guilty the court shall
general to be out direct that all witnesses shall leave the court and upon
of hearing
such direction the provisions of Section 212 of the
Evidence Act shall apply:

Provided that the judge or magistrate may in his discretion

permit professional and technical witnesses to remain in
court:

Provided further that failure to comply with the provisions

of this subsection shall not invalidate the proceedings.

Hearing of 4. The court shall then proceed to hear the complainant

complainant and such witnesses as he may call and such other
and witnesses
evidence as he may adduce in support of his complaint,
and also to hear the defendant and such witnesses as he
may call and such other evidence as he may adduce in his
defence and also, if the court thinks fit, to hear such
witnesses as the complainant may call in reply if the
defendant has called any witnesses or given any evidence.

Asking of 5. The complainant and the defendant may put questions

questions to each witness called by the other side and where the
defendant gives evidence he may be cross-examined.

Unrepresented 6. If the defendant is not represented by a legal practitioner

defendant the court shall at the close of the examination of each
witness for the prosecution ask the defendant whether he
wishes to put any question to that witness, and shall
record his answer, and such defendant may so proceed if
he so wishes.

Discharge of 201. If at the close of the evidence in support of the charge, it

defendant when appears to the court that a case is not made out against
 81
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

no case to the defendant sufficiently to require him to make a

answer defence, the court shall as to that particular charge,
discharge him.

When a prima 202. 1. At the close of the evidence in support of the charge, if
facie case has it appears to the court that a prima facie case is made out
been made out
against the defendant sufficiently to require him to make
a defence, the court shall call upon him for his defence
and-
(a) if the defendant is not represented by a legal
practitioner, the court shall inform him of the
alternatives open to him, namely-

(i) he may give evidence in the witness-box, after

being sworn as a witness; in which case he will
be liable to cross-examination; or

(ii) he may remain silent, if he so wishes; or

(iii) he may call any witness or adduce any other

evidence in his defence.

(b) if the defendant is represented by a legal

practitioner, the court shall call upon the legal
practitioner to proceed with the defence.

2. If the defendant or his legal practitioner states that he

has witnesses to call but that they are not present, the
court may, in the circumstances set forth in section 140
to 148 take the steps therein mentioned to compel their
attendance.

Saving as to 203. Failure to comply with the requirements of paragraph 1(a)

section 202(1)(a) in section 202 shall not of itself vitiate the trial provided
that the court called upon the defendant for his defence
and asked him if he had any witnesses and heard the
defendant and his witnesses and other evidence, if any.

New matters by 204. If the defendant adduces in his defence new matter which
defendant the prosecution could not foresee, the prosecution may,
with the leave of the court, adduce evidence to rebut such
new mentioned evidence.

Power to take 205. Whenever it appears to the court that any person who is
evidence of so dangerously ill or hurt that there is a possibility he may
persons
dangerously ill
not recover is able and willing to give material evidence
relating to any offence triable summarily and it shall not
be practicable to take the evidence in accordance with the
 82
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

provisions of this Law of the person so ill or hurt such

magistrate may take in writing the statement on oath or
affirmation of such person, shall subscribe the same and
certify that it contains accurately the whole of the
statement made by such person, and shall add a
statement of his reason for taking the same and of the date
and place when and where the same was taken, and shall
preserve such statement and file it for record.
Notice to be 206. 1. The court shall course reasonable notice of the intention
given to parties to take the evidence of the person who is seriously ill and
of the time and place where it is to be taken, to be served
upon the prosecutor and the defendant, and if the
defendant is in custody he shall be brought by the person
in whose charge he is, under an order in writing of the
magistrate to the place where the statement is to be taken.
The court may allow the prosecutor and the defendant to
examine such person if deemed necessary.
Transmission of 2. If the statement relates to an offence in respect of which
statement proofs of evidence are subsequently prepared, it shall be
transmitted to the office Attorney-General.
When statement 3. Such statement so taken may afterwards be used in
may be used in evidence on the trial of any person accused of an offence
evidence
to which the same relates in accordance with the
provisions of Section 46 of the Evidence Act.

Signature, etc, 4. The signature and attestation of the judge or magistrate

prima facie shall be sufficient prima facie proof of any statement, and
proof
that the same was taken in all respects according to law
and such attestation and signature shall be admitted
without further proof unless the court shall see reason to
doubt the genuineness thereof.

Notes of 207. 1. The court shall in every case take record of the oral
evidence to be evidence, or so much thereof as it considers material, in a
taken
book or other device kept for that purpose and such book
shall be signed by the judge or magistrate at the
conclusion of each day’s proceedings.
2. No person shall be entitled, as of right, to inspection of
or to a copy of the record so kept as aforesaid save as may
be expressly provided by the rules.
3. The record so kept as aforesaid or a copy thereof
purporting to be signed and certified as true copy by the
court shall at all times, without further proof, be admitted
as evidence of such proceedings and of the statements
made by the witnesses.
 83
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Cross complaint 208. Where a complaint is made by one or more parties against
another party or parties and there is a cross-complaint by
the defendant or defendants in such first named case with
reference to the same matter, the court may if it thinks fit,
hear and determine such complaints in the same
proceeding.
Joinder of 209. Where two or more complaints are made by one or more
complaints parties against another party or parties and such
complaints refer to the same matter, such complaints may,
if the court thinks fit, be heard and determined in the same
proceeding.

Procedure 210. 1. If, in the course of the hearing, circumstances should

where offence appear which cause the court to be of the opinion that the
appears
unsuitable for
offence, on account of its aggravated character or other
determination sufficient reason, is not suitable to be disposed of by such
by court of court, then such court may instead of adjudicating, either
limited of its own motion or on the direction of the Attorney-
jurisdiction General, transmit the documents, statements or matters
mentioned in Section 180 and all other documents before
the court pertaining to the case to the Attorney-General.
2. The Attorney-General shall thereupon cause proofs of
evidence to be prepared in respect of the charge and may,
thereafter, prefer an information against the defendant.

Giving of 211. Upon the conclusion of the hearing, the court shall either
decision upon at the same or at an adjourned sitting, give its decision on
conclusion of
hearing
the case either by dismissing or convicting the defendant
and may make such other order as may deem just.

Power to bind 212. 1. On any summary trial the court may, whether the
parties to be of complaint be dismissed or not, bind over either the
good behaviour
complainant or defendant, or both, with or without a
surety or sureties, to be of good behaviour.
Where any person so bound, in default of compliance with
the order, he may be imprisoned for any term not
exceeding three months, in addition to any other
punishment to which such person is liable.
2. Provided that before any such binding order, pursuant
to subsection 1 of this section or order for imprisonment
or any other punishment under subsection (2) of this
section is made, the person to be affected shall be given an
opportunity to be heard.

Effect of 213. 1. Where a complaint is dismissed on merits, such

judgment of dismissal shall have the same effect as an acquittal.
dismissal “on
merits” and
 84
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

“without 2. Where a complaint is struck out, or dismissed and not

prejudice” on merits or stated to be without prejudice, such dismissal
shall not have the same effect as an acquittal.

CHAPTER 12. – SUMMARY PROCEDURE IN PERJURY

Perjury. 214. If it appears to a court that a person has been guilty of
Summary perjury in any proceeding before it, the court, subject to
procedure
the provisions of section 216, may –
(a) commit him for trial upon information of perjury and
bind any person by recognizance to give evidence at his
trial; or
(b) try him summarily as for a contempt of court and if
he is found guilty commit him to prison for six months or
impose a fine on him in accordance with the scale of
fine as provided in this Law.

Decision to try 215. Where a judge or magistrate decides to try a person

summarily summarily under section 214 as for contempt of court,
such judge or magistrate shall specify the perjury alleged
and shall direct the attention of the person to be charged
to the inconsistencies upon which such charge is based
and shall require him to give his explanation to such
inconsistencies and shall record such explanation.

When a person 216. 1. If a magistrate orders a person to be imprisoned or to

is ordered to be pay a fine under section 214 he shall neither issue a
imprisoned or
fined warrant of commitment nor make an order for
imprisonment for non-payment of the fine, but shall either
remand such person or release him on a recognizance with
or without sureties to come up before the court when
called upon and shall forthwith forward to the Chief Judge
or such judge as the Chief Judge may direct a certified true
copy of the proceedings and the Chief Judge or judge as
aforesaid may without hearing argument and in the
absence of the person concerned, set aside or confirm such
order or reduce the sentence of imprisonment or the
amount of the fine and shall inform the magistrate
immediately of his decision.

Issue of warrant 2. If the Chief Judge or judge does not wholly set aside the
of commitment magistrates’ order, the magistrate shall forthwith issue a
or order for
payment of fine
warrant of commitment or make the necessary order for
payment of the fine in accordance with the terms of the
Chief Judge’s or judge’s order.
 85
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Bar to other 217. Any imprisonment or fine ordered under this chapter shall
proceedings be a bar to any other proceedings for the same offence
except where the order of a magistrate has been wholly set
aside.

CHAPTER 13 – SUMMARY TRIAL BY MAGISTRATE OF

ADULT CHARGED WITH AN INDICTABLE OFFENCE
Summary trial 218. Where a person who is an adult is charged before a
by magistrate of magistrate court with any indictable offence other that a
indictable cases
capital offence or an offence punishable with
imprisonment for life, the court may subject to the
provisions of this Law or any other Law for the time being
in force and to the extent of the jurisdiction of the
magistrate adjudicating, deals summarily with the offence.

Trials 219. 1. Trials in the High Court may be recorded electronically

by retrievable audio visual means such that where a trial
judge is unable to conclude a trial, another judge may be
assigned to conclude the proceedings without having to
start de novo; Provided that non-recording of proceedings
shall not vitiate a valid trial.

2. The transcript of the electronic recording of the

proceedings of the court shall be produced and signed by
the judge and such signed transcript shall constitute
proper signing of the record book of the court.

Summary trial 220. Any written law in force at the commencement of this law
by magistrate of which relates to the summary trial by a magistrate of
indictable
offences indictable offences or which refers to indictable offences
which are triable summarily by a magistrate shall, subject
to the provisions of this section, be construed, as the case
may be, as applying to summary trial by a magistrate of
indictable offences under this section or as referring to all
indictable offences which are triable summarily by a
magistrate thereunder.

Power to 221. Notwithstanding the provisions of sections 223 to 226 of

remand person this Law, a magistrate, without prejudice to any other
charged
power which he may possess and contained in this law,
may for the purpose of ascertaining whether it is expedient
to deal with a case summarily, either before or during the
hearing of the case, adjourn the case and remand the
person charged for a period not exceeding forty eight hours
or release him on bail.
 86
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Security for 222. 1. Any person convicted of any indictable offence tried
keeping the summarily may, instead of or in addition to any
peace, in punishment to which he is liable, be ordered to enter into
indictable cases his own recognizance, with or without sureties, in such
triable amount as the court thinks fit that he shall keep the peace
summarily
and be of good behaviour for a reasonable period as may
be fixed by the court.
2. Such person may be ordered to be imprisoned until
such recognizance, with sureties if so directed, is entered
into;
Provided that such imprisonment for not entering into
recognizance shall not together with the fixed term of
imprisonment, if any, extend for a term longer than the
longest term for which he might be sentenced to be
imprisoned without fine.

CHAPTER 14 - REMAND AND OTHER

INTERLOCUTORY PROCEEDINGS
Applications for 223. 1. A person arrested for an offence which the Magistrate
remand or other has no jurisdiction to grant bail shall within a reasonable
interlocutory
proceedings
time of arrest be brought before a Magistrate court for
remand.

2. An application for remand under this section shall-

(a) be made in the prescribed “Report and Request for
Remand Form” as contained in Form 12, in the First
Schedule to this Law; and
(b) be verified on oath and contain reasons for the
remand request.

3. No charge or application for remand shall be entered in

the magistrate court unless it is accompanied by the
original case file, which shall be tendered as exhibit during
the proceedings.

4. At the end of the proceedings of the day, the magistrate

shall transmit the original case file to the office of the
Director of Public Prosecutions.

5. The investigation report of the Investigation Police

Officer, or officer of any agency, shall be on oath and may
at the trial be admitted as evidence in chief of such officer.

Magistrate may 224. 1. Where the Magistrate, after examining the reason for the
remand in arrest and for the request for remand in accordance with
prison custody
the provisions of section 223 of this law, is satisfied that
there is probable cause to remand the person pending the
receipt of a copy of the legal advice from the Director of
Public Prosecutions and arraignment of the person before
 87
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

the appropriate court, as the case may be, may remand

the person in custody.

2. In considering whether “probable cause” has been

established for the remand of a person pursuant to
subsection (1) of this section, the court may take into
consideration the following-
(a) the nature and seriousness of the alleged offence;
(b) reasonable grounds to suspect that the person has
been involved in the commission of the alleged offence;
(c) reasonable grounds for believing that the person
may abscond or commit further offence if he is not
committed to custody; and
(d) any other circumstances of the case that justifies
the request for remand.

Court may grant 225. The court may, in considering an application for remand
bail in remand brought under section 223 of this Law, grant bail to the
proceedings
person.

Time protocol for 226. 1. Where an order of remand of the person is made
remand orders pursuant to section 224 of this Law, the order shall be for
a period not exceeding fourteen days in the first instance,
and the case shall be returnable within the same period.

2. Where, on application in writing, good cause is shown

why there should be an extension of the remand period,
the court may make an order for further remand of the
person for a period not exceeding fourteen days and make
the proceedings returnable within the same period.

3. Where the person is still in custody on remand at the

expiration of the period provided for under subsection (1)
or (2) of this section, the court may on application of the
person grant bail upon such conditions as the court may
deem fit.

4. At the expiration of the remand order made pursuant to

subsection (1) or (2) of this section, and if the person is still
remanded with his trial having not commenced, or charge
having not been filed at the relevant court having
jurisdiction, the court shall issue a hearing notice on the
Commissioner of Police or any other law enforcement
agency concerned and the Director of Public Prosecutions
of the State and adjourn the matter within a period not
exceeding fourteen days of the expiration of the period of
remand order made under subsection (1) or (2) of this
section, to inquire as to the position of the case and for the
 88
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Commissioner of Police and the Director of Public

Prosecutions to show cause why the person remanded
should not be unconditionally released.

5. Where the Commissioner of Police and the Director of

Public Prosecutions show good cause pursuant to
subsection (4) of this section and make a request to that
effect, the court -

(a) may extend the remand of the person for a final

period not exceeding thirty days for the person to be
arraigned for trial before an appropriate court or
tribunal; and

(b) shall make the case returnable within the said period
of thirty days from the date the hearing notice was
issued pursuant to subsection (4) of this section.

6. Where good cause is not shown for the continued

remand of the person pursuant to subsection (4) of this
section, or where the person is still on remand custody
after the expiration of the extended period under
subsection (5), the court shall, with or without an
application to that effect, forthwith grant bail to the person
on such condition(s) as the magistrate may deem fit in the
circumstances;

Provided that the matter shall be adjourned from time to

time within such period as the magistrate may deem fit,
after which the defendant may be discharged.

7. No further application for remand shall be entertained

after the proceeding in subsection (6) of this section.

When court may 227. 1. The powers conferred on the court under this Part may
exercise power be exercised by the court:
of remand
(a) whether the person remanded is present in court or
not; and
(b) on its own motion or on application, including an
application by a person in charge of the prison or other
place of custody where the person remanded is detained.

2. The legal advice of the Director of Public Prosecutions

shall in all cases be copied to the magistrate, and the
magistrate may act only on the copy of the advice to make
any order that may be necessary in the circumstances.
 89
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

3. Where the legal advice of the Director of Public

Prosecutions indicates that the person remanded has no
case to answer, the magistrate shall discharge the person
forthwith.
Court may bring 228. 1. During remand, the magistrate may nevertheless order
up person the person remanded to be brought before it.
remanded or
make any order
during remand 2. The magistrate may order that the person remanded be
transferred to a hospital, asylum or any suitable place for
the purpose of giving him medical treatment, or may make
any order that it considers necessary e at any time during
the remand period.
Adjournment for 229. Where an adult charged with an indictable offence is being
Attorney tried summarily by a magistrate, such magistrate shall, at
General’s
decision
the request of any person in charge of the prosecution,
made at any time before judgment, adjourn the hearing of
the charge in order that the Attorney General may be
consulted with a view to obtaining an order as in section
169 to have the case dealt with as one for trial on
information in accordance with the provisions of Chapter
16.
Provided that the order of the Attorney General shall
be filed within thirty days from the date the magistrate
grants such request of the prosecution, failing which the
magistrate shall proceed to try and conclude the case
summarily.

CHAPTER 16.—SUMMARY TRIAL BY MAGISTRATE OF

CHILD OR YOUNG PERSON CHARGED WITH AN
INDICTABLE OFFENCE
Summary trial 230. Where a child or young person is charged before a
of child by magistrate with any indictable offence, other than a capital
magistrate for
indictable
offence, the magistrate, if he thinks it expedient so to do,
offence. may subject to the extent of his jurisdiction and without
consulting the parent or guardian, deal summarily with
the offence and, in case of the child or young person being
found guilty, inflict the same description of punishment as
might have been inflicted if the case had been tried on
indictment:

Provided that in the case of a child, he may be committed

to an approved institution or borstal home, or social
welfare institution for reformation and training.

Charge to be 231. For the purpose of proceedings under this chapter the
reduced to
 90
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

writing when magistrate

offence tried shall, at any time during the hearing of the case at which
summarily. he becomes satisfied by the evidence that it is expedient
to deal with the case summarily cause the charge to be
reduced into writing if this has not been already done.

No trial of an 232. Nothing in this Chapter shall be construed as authorizing

infant. the trial of an infant.

Whipping in 233. Where a court orders a child or young person to undergo

accordance with corporal punishment such punishment shall be carried
chapter 36. out in accordance with the provisions of Chapter 36
relating to corporal punishment.

CHAPTER 16. – TRIAL ON INFORMATION

Trial on 234. Where a trial is to take place in the High Court after the
information preparation of proofs of evidence in respect of the charge,
such trial shall be on information.

Case files, legal 235. 1. Where an offence for which the Magistrate court has no
advice, and jurisdiction to try is preferred against a defendant, the
related
proceedings
police shall tender the original case file in the manner
provided under section 223 of this law for onward
transmission by the magistrate to the office of the Attorney
General.

2. The office of the Attorney General shall, within fourteen

days of receipt of the police case file, issue his legal advice,
and where he is of the opinion that the defendant has no
prima facie case to answer, he shall serve a copy of the
legal advice on-
(a) the police or the head of the police legal unit or such
other law enforcement agency that filed the charge.
(b) the magistrate before whom the person was
remanded in prison, if he is in remand custody, or before
whom the person was granted bail, if he is on bail; and
(c) the defendant, or through the prison authority, if he
is remanded in custody, or through his legal
representative, if any;

3. The magistrate shall on receipt of the legal advice, order

for the production of the defendant and discharge him.

4. Where the Director of Public Prosecutions is of the

opinion as contained in the legal advice that the person
has a prima facie case to answer, he shall file and serve
the charge or information in accordance with the
provisions of this Law.
 91
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

5. A form as prescribed in the First Schedule to this Law,

indicating a desire to be represented by legal practitioner
of his choice or by a legal practitioner from the Office of
the Citizens Rights and Mediation Center, Legal Aid
Council of Nigeria or any other organization providing free
legal representation to defendants shall be attached to
each legal advice for the purpose of endorsement by the
person in respect of whom legal advice is preferred and
against whom the information is filed.

6. Where the defendant indicates in the form referred to in

subsection (5) of this section that he wishes to be
represented by such legal practitioner or any other
organization providing free legal representation, he shall
forward the form to the Chief Registrar of the court before
whom the charge or information for his trial has been filed
and the Chief Registrar shall, within fourteen days of
receipt of the form, inform the legal practitioner or any
other organization providing free legal representation for
the defendant, and by notice in writing inform the
defendant of the particulars of the legal representation
arranged for him.

Form of 236. Every information shall bear the date when it is signed and
information with such modifications as shall be necessary to adopt it
to the circumstances of each case, may commence in the
following form-

The State v. A.B.

In the High Court of Enugu State

The .........................................................................
Judicial Division

At the sessions holden at ................................................

on the ......................... day of .............................,
20..................the court is informed by the Attorney-
General (or A.B.) on behalf of the State that C.D. is charged
with the following offence (or offences).

Contents of 237. 1. An information shall contain-

information and (a) a description of the offence charged in such
indictment information or, where more than one offence is so
charged, of each offence so charged, shall be set out in
the information in a separate paragraph called a
count;
(b) a count of an information shall commence with a
statement of the offence charged, called the statement
 92
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

of offence;
(c) the statement of offence shall describe the offence
shortly in ordinary language, avoiding as far as
possible the use of technical terms and without
necessarily stating all the essential elements of the
offence, and, if the offence charged is one created by a
written law, shall contain a reference to that written
law;
(d) after the statement of offence, particulars of that
offence shall be set out in ordinary language;
Provided that where any written law limits the
particulars of an offence which are required to
be given in an information nothing in this
paragraph shall require any more particulars
to be given than those so required;
(e) where an information contains more than one count,
the counts shall be numbered consecutively;
(f) Proof of evidence.

2. The information and all accompanying processes shall

be served on the defendant or his legal representative, if
any.

Contents of 238. 1. The proof of evidence shall consist of-

proofs of (a) the list of witnesses,
evidence
(b) the list of exhibits to be tendered,
(c) Sworn statement of all prosecution witnesses
intended to be called at the trial,
(d) sworn police investigation report,
(e) copies of statement of the defendant,
(f) any other document, report, or material that the
prosecution intends to use in support of its case at
the trial,
(g) particulars of bail or any recognizance, bond or cash
deposit, if defendant is on bail,
(h) particulars of place of custody, if the defendant is in
custody,
(i) particulars of any plea bargain arranged with the
defendant,
(j) particulars of any previous interlocutory
proceedings, including remand proceedings, in
respect of the charge,
(k) any other relevant document as may be directed by
the court;
2. Where at the close of the case for the prosecution, the
defendant intends to present a defense, he shall within 30
days file and serve on the prosecution, written deposition
of all his witnesses, list of documents and materials to be
relied upon during trial if any
 93
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

3. The prosecution and the defence may during trial, by

leave of court, file and serve additional evidence.

Procedure on 239. 1. Subject to the provisions of this section an information

information shall be filed by the Attorney-General through the Director
of Public Prosecutions or any officer in his department, or
by any other person authorized by this law to do so, before
the High Court charging any person with an offence for
which that person shall lawfully be charged.

Signing of 2. An information shall be signed by a law officer or any

information person authorized by the Attorney-General in that regard.

3. Whenever an information has been filed in the court,

the Chief Judge or Administrative Judge shall take
appropriate steps to ensure that the information filed is
assigned to a judge within seven days of its filing.
4. On assigning the information, the appropriate court to
which the information is assigned shall within fourteen
days of such assignment issue hearing notices to the
witnesses and the defendant and a production warrant
properly endorsed by the Judge in respect of the defendant
if he is in custody, for the purpose of ensuring his
appearance on the date of trial and the Registrar shall
ensure the prompt service of the notice and information
not less than three days from the date stated therein for
the hearing of the information.
5. If the defendant in the information is in custody, the
notice of trial and the information shall be delivered to him
through the Superintendent of Prisons in which he is
detained, and the warrant for his production shall be
served on such officer of the prison.
6. If the defendant is not in custody, the hearing notice
and information shall be served on him personally.
7. Where it is impossible or impracticable to effect personal
service of the hearing notice and information on the
defendant, same may be served on him, with leave of court
through his legal practitioner, if any, or on his surety or
sureties, or on any adult in his household, and such
service shall be deemed to be due service on the defendant:
Provided that nothing in this section shall prevent the
defendant from being tried by reason only that the notice
of trial and information were served on him less than
three days before the date of trial, if he consents to being
so tried.
 94
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Trial at the 240. 1. In prosecuting a case at the magistrate court, the

Magistrate prosecution shall file-
Court (a) sworn statements of witnesses and documents he
wishes to rely on and list of exhibits,
(b) where the defendant is not represented by a lawyer,
prosecution will take his oral evidence in chief and be
cross examined,
(c) where the defendant person who initially was not
represented, obtains legal representation, the
outstanding prosecution witness shall adopt their
written sworn deposition as their evidence in chief.

2. The forms set out in the Third Schedule hereto or forms

conforming thereto as nearly as may be, shall be used in
the cases to which they are applicable and in other cases
forms to the like effect or conforming thereto as nearly as
may be shall be used, the statement of offence and the
particulars of offence being varied according to the
circumstances of each case.

Information to 241. No other charge shall be joined with a charge punishable

contain only one with death and not more than one charge punishable with
capital offence
death shall be charged in the same information, except
where the offences are committed in one transaction.

Information may 242. Subject to the provisions of this section an information

be filed at the charging any person with an indictable offence may be
Registry of the preferred by any person before the High Court charging
High Court. any person with an indictable offence for which that
person may lawfully be indicted, and wherever an
information has been so preferred the registrar shall, if he
is satisfied that the requirements of section 243 have been
complied with, file the information and it shall thereupon
be proceeded with accordingly:

Provided that if the registrar shall refuse to file an

information, a judge, if satisfied that the said requirements
have been complied with, may, on the application of the
prosecutor or on his own motion, direct the registrar to file
the information and it shall be filed accordingly.

Procedure on 243. Subject as hereinafter provided no information charging

information of any person with an indictable offence shall be preferred
offenders.
unless either-
(a) the information is preferred after the preparation of
the proofs of evidence in the charge, or
(b) the information is preferred pursuant to an order
made under Chapter 12 to prosecute the person charged
for perjury, or
 95
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(c) the information is preferred in cases other than

those mentioned in paragraph (a) or (b) where because of
the special circumstances of such cases the Attorney-
General considers that an information should be filed
without recourse to the procedure referred to in paragraph
(a):

Provided that where the information is preferred after the

preparation of the proofs of evidence it may include either
in substitution for or in addition to counts charging the
offence for which the proofs of evidence have been
prepared, any counts founded on facts or evidence
disclosed in the proofs of evidence being counts which may
lawfully be joined in the same information.

When 244. If an information preferred otherwise than in accordance

information with the provisions of section 243 has been filed by the
should be
preferred
registrar the information shall be liable to be quashed:

Provided that if the information contains several counts,

and the said provisions have been complied with as
respects one or more of them, those counts only that were
wrongly included shall be quashed under this section.

Information not 245. Where a person is convicted on an information, or on any

to be quashed count of an information, preferred under paragraph (a) or
on appeal
except (b) of section 243, that information or count shall not be
application for it quashed under this section in any proceedings on appeal
made at trial unless application was made at the trial that it should be
so quashed.

Information by 246. The registrar shall receive an information from a private

private person person where -
(a) the information is endorsed by a law officer to the
effect that he has seen such information and declines to
prosecute the offence set out in the information; and
(b) the private person has entered into a recognizance
in such sum as may be fixed by the court, with or without
surety, to prosecute the information to conclusion at the
times at which the defendant shall be required to appear
and pay such costs as may be ordered by the court, or,
instead of entering into a recognizance has deposited in
the registry of the court, such sum of money as the court
may fix.

Conditions for 247. Where any private person has complied with the provisions
private of section 246, the information shall be signed by such
prosecutors.
 96
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

person and not by a law officer and such person shall be

entitled to prosecute the information.

Venue. 248. The place of trial shall be determined in accordance with

the provisions of section 184.

Change of 249. Notwithstanding the provisions of sections 184 and 185 of

venue: Cause this Law –
commenced in
wrong division
(a) where any cause is commenced in any other division
than that in which it ought to have been commenced, it
may, notwithstanding, be tried in that division in which it
was commenced, unless the defendant shall object
thereto at or before the time when he is called upon
to plead or to state his answer in such cause, in which
case the court shall transfer the case to the proper division
where it ought to have been commenced.
(b) either the prosecutor or the defendant, whenever he
considers that the ends of justice so require, in any case
may apply to the court either to transfer the hearing from
one division to another or from one part of one division to
another part of the same division.

Effect of change 250. Where a case is transferred from one place in a division to
of venue another place in the same division or to another division,
the case shall be tried and determined at the place or in
the division to which it has been transferred; and all
recognizance, subpoenas, and proceedings in or relating to
the case are deemed to be returnable at the latter place or
division and all witnesses who are or summoned to attend
the trial shall be informed accordingly and shall attend at
such latter place or division

Form of notice of 251. The registrar or any other person directed by the court,
trial shall endorse on, or annex to, every information delivered
to the sheriff or proper officer, for service, a notice of trial
and such notice shall specify the particular sessions at
which the party is to be tried on the Information and shall
be in the following form or as near to it as may be:

NOTICE OF TRIAL

A. B. Take notice that you will be tried on the

information of which this is a true copy, at the session to
be held at …………………. on ……………… the …… day
of…………. 20……..
Also find attached is the “Information on Legal
Representation” Form which you must complete and
 97
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

return to the Registry of this court within fourteen days of

service on you of this notice of trial.

Registered 252. The Chief Judge may engage the service of a reputable
courier company for the purpose of undertaking service of criminal
companies may
serve processes processes, and such company shall serve all processes in
accordance with this Law.

Return of 253. The person serving the copy of information and notices
service shall immediately submit to the registrar or other proper
officer a return of the mode of service with the necessary
endorsement of service of the documents on the person
named for service on the notice or information.
Warrant where 254. Where a person against whom an information has been
defendant does duly preferred, and on whom the information and notice of
not appear
trial have been duly served, does not appear to plead to the
information, whether he is under recognizance, to appear
or not, the court may issue a warrant for his arrest.

Time and mode 255. 1. The Sheriff or other proper officer aforesaid shall, as
of summoning soon as may be after having received a copy of the
parties on information and notice of trial, and three days at least
information before the day specified therein for trial, or within such
lesser time as the court may for good cause order, by
himself or his deputy or other officer, deliver to the party
charged the said copy and notice and explain to him the
nature thereof, and when the said party is not in custody
or shall have been admitted to bail and cannot readily be
found he shall leave a copy of the said information and
notice of trial with some one of his household, for him at
his dwelling-house, or with someone of his bail, for him,
and if none of such can be found, shall affix the said copy
and notice to the outer or principal door of the dwelling-
house of the party charged or of any of his bail:

Prisoner may be Provided that —

tried at once (a) nothing herein contained shall prevent any person
in custody or awaiting trial at the opening of or during
any sessions, from being tried thereat, if he shall have
been served with a copy of the information and notice of
trial not less than three days before the date on which he
is to be tried;
(b) such last mentioned period of three days may be
reduced to a shorter period if such person shall express
his assent thereto and no special objection be made
thereto on the part of the State.

2. The Sheriff or other proper officer shall in like manner

deliver to each witness the said notice of trial.
 98
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Bench warrant 256. Where any person against whom an information has been
where accused duly
person does not
appear.
preferred, and who is then at large, does not appear to
plead to such information, whether he is under
recognizance to appear or not, the court may issue a
warrant for his apprehension.

Counsel for 257. 1. Where a person is accused of a capital offence the State
state and shall be represented by a law officer, state counsel or legal
defence in
capital cases practitioner and if the defendant is not defended by a legal
practitioner the court shall assign a legal practitioner for
his defence.

2. The State shall set up and fund a Public Defence Fund

at the Citizens Rights and Mediation Center for purpose of
providing free legal services to indigent defendants.

Time for raising 258. 1. The person to be tried on an information or charge shall
certain be arraigned in accordance with the provisions of this Law
objections, day-
to-day trial and
relating to the taking of pleas and the procedure on it.
adjournments (a) An objection to the information or charge may be
taken before the plea of the defendant. Thereafter, all
objections to the charge shall be taken at the final address.
(b) Any interlocutory appeal in respect of an objection
taken before plea shall not operate as a stay of proceedings
in the trial court.

2(a) Upon arraignment the trial of the defendant shall

proceed from day-to-day until the conclusion of the trial.
(b) Where day-to-day trial is impracticable after
arraignment, each party shall be entitled to not more than
two adjournments, and there shall not be more than two
adjournments at the instance of the court, Provided that
no adjournment during trial shall exceed 14 days
inclusive of weekends.

(c) In all circumstances, the court may award

reasonable costs in order to discourage frivolous
adjournments against either party.

Time Standards 259. In all criminal proceedings, the court proceedings shall be
guided by the following maximum time standards-
(a) For capital offences, a maximum period of 540 (five
hundred and forty) days
(b) For other offences triable on information, a
maximum period of 360 (three hundred and sixty) days
 99
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(c) For all summary trials, a maximum period of 180

(one hundred and eighty) days
(d) For bail applications, a maximum period of 30 days
(e) For all other interlocutory applications, a maximum
period of 90 (ninety) days

Court may 260. 1. Where a case cannot be concluded within the stipulated
extend time time standards, the trial court may, suo motu, or on
application of any party, extend the time to a period not
exceeding half of the period originally stipulated:
Provided that in such proceedings, the court may-
(a) Award cost/Impose penalty on any party causing
delay
(b) Reconsider the issue of bail
(c) Make any order or give such directives in any other
manner the court considers fit in the circumstances of the
case.
Provided also that if the matter is not concluded within the
extended time, the matter shall proceed and the court
shall report the matter to the Chief Judge

2. In computing time, the period of court vacation, annual

leave of a magistrate and industrial actions shall not be
taken into account.

Case 261. 1. A case management register shall be maintained in the

management office of the Chief Registrar, who shall submit quarterly
register to be
maintained by
reports of compliance with the time standards to the
Chief Registrar Judicial Service Commission of Enugu State for
appropriate disciplinary action in cases of default by any
court.

2. For the purpose of this section, the ‘Chief Registrar’

means the Chief Registrar of the High Court and the Chief
Registrar of the Customary Court of Appeal.

Attendance of 262. 1. A person who is summoned as a witness whether for the

witness bound prosecution or for the defence, shall be bound to attend
by recognizance
to attend the court on the day fixed for the trial of the case and on
subsequent dates until the conclusion of the case or until
he has been discharged by the court from further
attendance.

2. Any person whose attendance as a witness, whether for

the prosecution or for the defence, is required in any case,
and who has not been bound by recognizance to attend as
 100
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

a witness on any date fixed for the trial of the case, may be
summoned by a writ of subpoena.
Warrant for 263. If a person who has been summoned to attend as a
arrest of witness, whether for the prosecution or for the defence,
witness not
attending on
does not attend the court on the day fixed for the trial of
recognizance the case or on any further adjourned date, and he offers
no reasonable excuse for his absence, despite the fact that
he was duly served with the notice of the trial, the court
may issue a bench warrant that the person be arrested
and be brought before the court, at a time to be mentioned
in the warrant, in order to give evidence on behalf of the
prosecution or of the defence, as the case may be.

Warrant for 264. Where a person named on a summons or writ of subpoena

arrest of wilfully refused to accept service of the summons or writ
witness
disobeying of subpoena, the court shall issue a warrant for the person
summons to be arrested and be brought before the court at a time to
be mentioned in the warrant in accordance with the
summons or writ of subpoena.

Fine for non- 265. A person who fails to attend as witness in either of the
attendance of cases mentioned in sections 262 and 263 of this Law
witness
without reasonable explanation shall be liable, on the
summary order of the court, to a fine in a reasonable sum
to be fixed by the court, but not less than five thousand
naira and, in default of payment, to imprisonment for a
term corresponding to the fixed sum, but the period of
imprisonment shall not exceed two months.

Service of 266. The registrar, on being furnished with the names and
subpoena places of abode of witnesses on behalf of the prosecution
or defence whose attendance is required to be secured by
subpoena, shall prepare and deliver to the sheriff for
service a writ or writs of subpoena under section 262(2) of
this Law directed to such witnesses, together with as many
copies thereof as there may be witnesses named in such
writ or writs.

Application of 267. In addition to the provisions of this chapter and to the

law to trials other express provisions of this or any other law relating
under this part to trials of indictable offences the provisions of this Law
relating to evidence, adjournment, addresses, the
discharge and sentencing of convicted persons, the
awarding of compensation, costs and the directing and
ordering of forfeitures and also all other incidental matters
relating to the trial of a case shall be applicable to a trial
on information.
 101
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Recording of 268. The judgment and subsequent sentence of the court shall
judgment and be endorsed by the registrar on the information.
sentence

CHAPTER 17. —PREPARATION AND USE OF PROOFS

OF EVIDENCE
Proofs of 269. 1. Notwithstanding the provision of any other law,
evidence to preliminary inquiry or preliminary investigation into a
replace criminal charge by a magistrate or any court with a view
preliminary to determining whether or not a person is to be committed
inquiry to the High Court for trial shall cease to apply in the State

2. Where formerly there is in the Criminal Procedure Law

or any other existing law any provision which required or
had the effect of requiring the holding of a preliminary
inquiry or preliminary investigation (howsoever worded or
expressed) by a court or magistrate in any criminal charge,
then instead of such preliminary investigation, there shall,
in respect of any such charge be prepared the proofs of
evidence for the purpose of determining whether or not an
information may be preferred.

Proofs of 270. The proofs of evidence in respect of a criminal charge shall,

evidence by law subject to the direction and control of the Attorney-
officers. General, be prepared by law officers in the Ministry or, in
the case of a private prosecution, by the private prosecutor
in accordance with the provisions of this chapter.

Cases to which 271. Proofs of evidence shall be prepared in all charges relating
taking of proofs to —
of evidence (a) capital offences;
applicable (b) offence punishable with imprisonment for life; and
(c) any indictable offence in respect of which the
defendant has elected to be tried by the High Court under
section 272 of this Law.

Indictable cases 272. Where a charge for an indictable offence is filed at the
on election of magistrate court, the defendant may, before his plea is
the defendant taken, apply to the court that he elects to be tried at the
high court.

Procedure by 273. 1. Where the defendant applies for election under section
magistrate after 267 of this Law, the magistrate shall record the said
charge read or application and if he grants the application transmit the
election made. case file to the office of the Attorney General for
information at the High court.

2. The magistrate may refuse to grant such application for

election where the justice of the case so demand, and
therewith shall proceed with the hearing of the case.
 102
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Contents of 274. 1. The Prosecution shall file and serve on the defendant
proofs of the proof of evidence which shall consist of –
evidence (a) a statement of the charge against the defendant
(b) where the defendant has applied for election a
statement that he elected to be tried by the High Court;
(c) the name, address and statement of any material
witness whom the prosecution intends to call;
(d) the name, address and statement of any material
witness whom the prosecution does not intend to call:
Provided that the submission of such names shall not
prevent the prosecution from calling any such witness at
the trial if the prosecution later so desires;
(e) the copy of any report, if available, made by a doctor
about the state of mind of an defendant in custody;
(f) records of convictions, if any, affecting the credibility
of any witness for the prosecution;
(g) statements of the defendant;
(h) an inventory of all the exhibits to be produced to the
court at the trial,
(i) sworn statement of all prosecution witnesses intended
to be called at the trial
(j) sworn report of the police investigating officer
(k) copies of documents to be relied upon and other
exhibits intended to be relied upon,
(l) any other statement, report or document which the
prosecution may consider relevant to the case
2. Where at the close of the case for the prosecution, the
defendant intends to present a defense, he shall within 30
days file and serve on the prosecution, written deposition
of all his witnesses, list of all the exhibits intended to be
tendered and copies of documentary evidence to be
tendered.
Trial at the 275. In prosecuting a case at the magistrate court, the
Magistrate prosecution shall file-
Court (a) sworn statement of witnesses and documents he
wishes to rely on and list of exhibits,
(b) where the defendant is not represented by a lawyer,
prosecution will take his oral evidence in chief and be
cross examined,
(c) where the defendant who initially was not represented,
obtains legal representation the outstanding
prosecution witness shall adopt their written sworn
deposition as their evidence in chief.

Verification of 276. 1. After the preparation of the proofs of evidence the

statement of Attorney-General may, if he deems it necessary or
witness expedient so to do remit or cause to be remitted to the
magistrate before whom the charge was laid, or to any
other magistrate, the statement of any witness for the
 103
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

purpose of verification.

2. The magistrate shall thereupon fix a date when the

witness and the defendant shall be summoned before him
for the purpose of the verification of the statement of such
witness.

3. On the date fixed under subsection (2), the clerk of court

shall read out the statement of the witness in the presence
of the witness and the defendant and the witness shall
then verify such statement on oath.

4. After the verification of the statement of the witness the

magistrate shall inform the defendant of his right, and
shall give him the opportunity, to cross-examine the
witness.
5. The defendant or his counsel may then proceed to cross-
examine the witness if he desires to do so, and the answers
of the witness to such cross-examination as well as the
fact that the defendant was informed of his right and given
the opportunity to cross-examine (where he or his counsel
did not elect to do so) shall be recorded by the magistrate,
and shall form part of the proofs of evidence.

6. Such verified proofs of evidence which include the

witness’s answers given in cross-examination and the fact
that the defendant was informed of his right and given the
opportunity to cross-examine, shall be remitted back to
the Attorney-General by the magistrate.

Binding over of 277. 1. The magistrate shall, after the charge has been read or
witnesses. after the defendant has elected to be tried by the High
Court, as the case may be, or at any time thereafter bind
over every witness present in court or brought before him
subsequently to attend to give evidence at the trial of the
defendant before the High Court, whether or not the
prosecution intends to call all such witnesses.

2. Subject to the provisions of any other written law, if

among the witnesses bound over under subsection (1),
there be any that the prosecution does not intend to call
at the trial such witness shall nevertheless continue to be
present at the trial for such reasonable period as might
enable the defendant or his counsel to make up his mind
as to whether or not he will call any of them to give
evidence for the defence.

3. Every witness bound over under this section shall enter

into a recognizance and such recognizance shall specify
the name and surname of the person entering into it, his
occupation or profession, if any, and his address.

4. The recognizance shall be acknowledged by the person

 104
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

entering into it and be subscribed by the magistrate before

whom it is acknowledged.

5. A witness who refuses, without reasonable excuse, to

enter into such recognizance may by a warrant by the
magistrate be committed to prison or to other place of safe
custody, there to be kept until after the trial, or until the
witness enters into a recognizance before a magistrate -
Provided that if the defendant is afterwards discharged
any magistrate may order any such witness to be
discharged forthwith.

Marking of 278. The magistrate before whom the defendant is charged shall
exhibits direct the prosecuting police officer to make inventory of,
label, or otherwise make all articles, if any, connected with
the charge and it shall be the duty of such police officer or
any other police officer generally or specially instructed in
that behalf by the State Commissioner of Police to comply
with such direction.

Prima-facie 279. If at the conclusion of the taking of the proofs of evidence

case- the Attorney-General is satisfied there is prima facie
information to evidence from the record to put the defendant on trial on
be preferred all or any of the charges against him, he shall prefer an
information against the defendant in respect of such
charge or charges.

Discharge of 280. If the record of the proofs of evidence does not in the
defendant when opinion of the Attorney-General disclose sufficient
there is no evidence to support the charge or charges against the
prima facie case defendant, the Attorney-General shall so inform the
magistrate in writing, and the magistrate shall, as soon as
possible thereafter, summon the defendant to the court
and discharge him.

Evidence by 281. Nothing contained in this chapter shall prevent the

prosecutor prosecutor in any case from giving in evidence at the trial
any admission or confession or other statement of the
defendant made at any time which is by law admissible in
evidence.

Information and 282. 1. Subject to subsection (3) where the Attorney-General

proofs of prepares an information, after the preparation of the
evidence to be proofs of evidence under this chapter, he shall cause
transmitted to sufficient copies of the information and of the proofs of
High Court. evidence to be transmitted to the registrar of the High
Court in which the trial is to take place.

2. Upon the receipt of the documents mentioned in

subsection (1), the registrar shall proceed in accordance
with Chapter 16 of this Law and any other law for the time
being in force in the State in that regard, and shall furnish
 105
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

every defendant, free of charge, a copy of the information

and of the proofs of evidence.

3. The records transmitted to the registrar of the High

Court under subsection (1) shall not include any
particulars of the defendant’s previous convictions. Such
particulars shall be supplied to the High Court after the
defendant has been convicted.

CHAPTER 18. — THE CHARGE

Form of charges 283. Charges may be as in the form set out in the Second
in Second Schedule and may be modified in such respects as may be
Schedule to be necessary to adapt them to the circumstances of each
used and case.
adapted.

Name of the 284. Every charge shall state the offence with which the
offence. Section defendant is charged and if the written law creating the
offence gives it any specific name the offence may be
described in the charge by that name only.
Absence of 285. If the written law which creates the offence does not give it
name of the any specific name so much of the definition of the offence
offence. must be stated as to give the defendant notice of the matter
with which he is charged.

Written Law. 286. The written law and the section of the written law against
which the offence is said to have been committed shall be
set out in the charge.

Effect of making 287. The fact that a charge is made is equivalent to a statement
a charge. that every legal condition required by law to constitute the
offence charged was fulfilled in the particular case.

Previous 288. If the defendant has previously been convicted of any

conviction. offence and it is intended to prove such previous
conviction for the purpose of affecting the punishment
which the court may award, the subsequent offence shall
first be charged and then, if the previous offence is one,
which under the provisions of any written law, may be so
charged a statement of such previous offence containing
the fact, date and place of such previous conviction shall
be added.

Particulars of 289. The charge shall contain such particulars as to the time
charge and place of the 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
defendant notice of the matter with which he is charged.
 106
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Breach of trust 290. Where the defendant is charged with criminal breach of
fraud, etc. trust, fraudulent appropriation of property, fraudulent
falsification of accounts or fraudulent conversion it shall
be sufficient to specify that 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 one offence within the meaning of section 305.
Description of 291. The particulars in the charge shall describe the offence
the offence. shortly in ordinary language avoiding as far as possible
the use of technical terms.

Insufficient 292. Where the nature of the offence is such that the particulars
particulars required by sections 284 or 286 do not give the defendant
sufficient notice of the matter with which he is charged,
the charge shall also contain such particulars of the
manner in which the offence was committed as will be
sufficient for that purpose.

Sense of words 293. 1. In every charge words used in describing an offence

used in charge. shall be deemed to have been used in the sense attached
to them respectively in the written law creating such
offence.

2. Figures and abbreviations may be used for expressing

anything which is commonly expressed thereby

Owner and 294. The description of property in a charge shall be in ordinary

value of language and such as to indicate with reasonable
property
clearness the property referred to and if the property is so
described it shall not be necessary, except when required
for the purpose of describing an offence depending on any
special ownership of property or special value of property,
to name the person to whom the property belongs or the
value of the property.

Joint owners 295. Where property is vested in more than one person and the
owners of that property are referred to in the charge, the
property may be described as being owned in accordance
with the appropriate provision set out in sections 336 to
343.

Coin or currency 296. 1. Coins and currency notes may be described as money,
notes and any averment as to any money, so far as regards the
description of the property, shall be sustained by proof of
 107
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

any amount of coin or currency note, although the

particular species of coin of which such amount was
composed or the particular nature of the currency note
shall not be proved.
2. In cases of stealing and defrauding by false pretences,
such coin or currency note may be described by proof that
the defendant dishonestly appropriated or obtained any
coin or currency note or any portion of the value thereof,
although such coin or currency note may have been
delivered to him in order that some part of the value
thereof should be returned to the party delivering the same
or to any other person, and such part shall have been
returned accordingly.

Proof of 297. Where the ownership of the property is described as being

registered title in any company, association, club or society by its
registered title, proof of the registration of the company,
association or society shall not be required unless the
court decides that such proof shall be given, in which case
the further hearing may be adjourned for the purpose or
the court may, in its discretion, amend the proceedings by
substituting the name of some person or persons for such
registered title.

Provision as to 298. Where a written law constituting an offence states the

statutory offence to be the omission to do any one of any different
offences
acts in the alternative, or the doing or the omission to do
any act in any one of any different capacities, or with any
one of any different intentions, or states any part of the
offence in the alternative, the acts, omission, capacities, or
intentions, or other matters stated in the alternative in the
written law, may be stated in the alternative in the charge.

Provision as to 299. It shall not be necessary in any charge where the offence
negative is one constituted by a written law to negative any
provisions in
offences
exception or exemption from or qualification to the
operation of the written law creating the offence.

Description of 300. The description or designation of the defendant in a charge

persons or of any other person to whom reference is made therein
may be described in the manner set forth in section 344.

Description of 301. Where it is necessary to refer to any document or

document instrument in a charge, it shall be sufficient to describe it
by any name or designation by which it is commonly
 108
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

known, or by the purport of such document, without

setting out the content or attaching a copy of such
document to the charge.
General rule as 302. Subject to any other provisions of this Law, it shall be
to description sufficient to describe any place, time, thing, matter, act, or
omission whatsoever to which it is necessary to refer in
any charge in ordinary language in such manner as to
indicate with reasonable clearness the place, time, thing,
matter, act, or omission referred to.
Statement of 303. It shall not be necessary in stating any intent to defraud,
intent deceive or injure to state an intent to defraud, deceive or
injure any particular person, where the written law
creating the offence does not make an intent to defraud,
deceive or injure a particular person an essential
ingredient of the offence.
When persons 304. The following persons may be charged or tried together or
may be charged separately as the court may deem fit –
jointly
(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 abatement 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; and
(e) persons accused of offences which include theft,
extortion, 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 abatement of or attempting to commit any
of the last named offences.

Separate 305. For every distinct offence with which any person is
charges for accused there shall be a separate charge and every such
distinct offences
charge shall be tried separately except in the cases
mentioned in sections 306 to 311.

Three offences 306. When a person is accused of more offences than one
of the same kind committed within the period of twelve months from the
within twelve
months may be first to the last of such offence whether in respect of the
charged same person or thing or not, he may be charged with and
together tried at one trial for any number of them not exceeding
three.
 109
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Attempt same 307. Any offence shall be deemed to be an offence of the same
as substantive kind as an attempt to commit such an offence where such
offence
attempt is itself an offence.

Trial for more 308. If in one series of acts or omissions so connected together
than one offence as to form the same transaction or which form or are part
of a series of offences of the same or a similar character,
more offences than one are committed by the same person,
charges for such offences may be joined and the person
accused tried for these offences at one trial.
Offences falling 309. If the acts or omissions alleged constitute an offence falling
within two within two or more separate definitions in any written law
definitions
for the time being in force under which offences are defined
or punished, the person accused of them may be charged
with and tried at one trial for each of such offences.

Acts constituting 310. If several acts or omissions of which one or more than one
one offence but would by itself or themselves constitute an offence,
constituting
when combined
constitute when combined a different offence, the person
a different accused of them may be charged with and tried at one trial
offence for the offence constituted by such acts or omissions when
combined or for any offence constituted by any one or more
of such acts.

Where it is 311. If a single act or omission or series of acts or omissions is

doubtful which of such a nature that it is doubtful which of several
offence
committed offences the facts of which can be proved will constitute,
the defendant may be charged with having committed all
or any of such offences and any number of such charges
may be tried at once or he may be charged in the
alternative with having committed any of the said offences.

Procedure on 312. Where any person is arraigned for trial on an imperfect or

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

Court may alter 313. 1. Any court may permit any alteration or addition to any
charge charge at any time before judgment is given or verdict
returned.
2. Every such alteration or addition or new charge shall be
read and explained to the defendant
3. No formal application shall be required for the alteration
or amendment of a charge before any court.
 110
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Procedure on 314. 1. If a new charge is framed or alteration made to a

alteration of charge, the court shall forthwith call upon the
charge
defendant to plead thereto and to state whether he
is ready to be tried on such charge or altered charge.
2. If the defendant declares that he is not ready, the
court shall consider the reasons he may give and if
proceeding immediately with the trial is not likely in
the opinion of the court to prejudice the defendant
in his defence or the prosecutor in his conduct of the
case, the court may proceed with the trial as if the
new or altered charge had been the original charge.

3. If the new or altered charge is such that proceeding

immediately with the trial is likely, in the opinion of
the court, to prejudice the defendant or the
prosecutor, the court may either direct a new trial or
adjourn the trial for such date as the court may
consider necessary.
4. Where a charge is so amended, a note of the order
for amendment shall be endorsed on the charge, and
the charge shall be treated for the purpose of all
proceedings in connection therewith as having been
filed in the amended form.

Recall of 315. When a charge is altered, amended or substituted after the

witnesses when commencement of the trial, the prosecutor and the
charge altered
defendant shall be allowed to recall or re-summon any
witness who may have been examined and examine or
cross-examine such witness with reference to such
alteration.

Effect of error 316. No error in stating the offence or the particulars required
to be stated in the charge and no omission to state the
offence or those particulars shall be regarded at any state
of the case as material unless the defendant was in fact
misled by such error or omission.

Objection to 317. Subject to the provisions of section 258 of this Law, any
charge to be objection to a charge for any formal defect on the face of
taken at plea
such charge shall be taken immediately after the charge
has been read over to the defendant and not latter.

Objection cured 318. No judgment shall be stayed or reversed on the ground of

by verdict any objection which if stated after the charge was read over
to the defendant or during the progress of the trial might
have been amended by the court because of any –
(a) variance between the charge or any process relating
thereto and the evidence adduced in support of the
 111
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

charge as to the time at which the cause of complaint is

alleged to have arisen if it is proved that such complaint
was in fact made within the time, if any, limited by law for
making the same; nor
(b) variance between the charge or any process relating
thereto and the evidence adduced in support of the
charge as to the place in which the cause of complaint is
alleged to have arisen; nor
(c) alleged defect in substance or in form between any
complaint, warrant or other process relating to the charge
and the evidence adduced in respect of the charge.

Full offence 319. Where a person is charged with an offence but the evidence
charged, establishes an attempt to commit the offence he may be
attempt proved
convicted of having attempted to commit that offence
although the attempt is not separately charged.

Attempt 320. Where a person is charged with an attempt to commit an

charged, full offence but the evidence establishes the commission of the
offence proved
full offence the defendant shall not be entitled to an
acquittal but he may be convicted of the attempt and
punished accordingly.

Liability as to 321. Where a person has been convicted of an attempt under

further either section 319 or 320 such person shall not
prosecution
subsequently be liable to be prosecuted for the offence for
which he was convicted of attempting to commit.

Person tried for 322. If upon the trial of any person for any misdemeanor or
misdemeanor simple offence, it shall appear that the facts proved in
not to be
acquitted if evidence amount in law to a felony, such person shall not
felony proved, by reason thereof be entitled to be acquitted of such
unless court so misdemeanour or simple offence, and no person tried for
directs such misdemeanour or simple offence shall be liable to be
afterwards prosecuted for felony on the same facts, unless
the court shall think fit, in its discretion, to stop the trial
and to direct that such a person be charged for felony, in
which case such person may be dealt with in all respects
as if he had not been put upon his trial for such
misdemeanour or simple offence.

When stealing is 323. Where a person is charged with stealing anything and it is
charged and proved that he received the thing knowing the same to
receiving proved
have been stolen, he may be convicted of receiving stolen
 112
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

property under section 393 of the Criminal Code Law

although he was not charged with that offence.

Person charged 324. If on any trial for burglary, house-breaking or related

with burglary offence the facts proved in evidence justify a conviction for
may be
convicted of some other of the said offences and not the offence with
kindred offence which the defendant is charged, he may be found guilty of
the said other offence and thereupon he shall be punished
as if he had been convicted on a charge or an information
charging him with such offence.

Conviction of 325. When a person is charged with stealing anything and it is

false pretences proved that he obtained the thing in any such manner as
on charge of
stealing would amount under the provisions of the Criminal Code
to obtaining it by false pretences with intent to defraud, he
may be convicted of obtaining it by false pretences with
intent to defraud although he was not charged with that
offence.

Conviction of 326. When a person is charged with obtaining anything by false

stealing on pretences with intent to defraud and such thing is capable
charge of false
pretences of being stolen and it is proved that the defendant stole the
thing, he may be convicted of stealing it although he was
not charged with that offence.

On charge of 327. If on any trial for rape or for defilement of a girl under the
rape conviction age of thirteen years, the facts proved in evidence
under Section
203 of Criminal
authorize a conviction under Section 203 of the Criminal
Code or of Code or for an indecent assault and not the offence with
indecent assault which the defendant is charged, he may be convicted of an
may follow offence under Section 203 of the Criminal Code or indecent
assault, as the case may be, and thereupon he shall be
punished as if he had been convicted on a charge or an
information charging him with such offence or indecent
assault.

On charge 328. If on any trial for an offence under Section 203 of Criminal
under Section Code, the facts proved in evidence warrant a conviction for
203 of Criminal
Code conviction
an indecent assault and not the offence charged, the
of indecent defendant may be convicted of indecent assault although
assault may he was not charged with that offence.
follow

Where murder 329. Where upon the trial of any person for the murder of any
or infanticide is child or for infanticide, it appears upon the evidence that
charged and
concealment of
such person was not guilty of murder or of infanticide, as
birth is proved the case may be, but was guilty of the offence of
 113
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

concealment of birth, such person may be found guilty of

that offence.

Where murder is 330. 1. Where upon the trial of a woman for the murder of her
charged and newly born child, it appears upon the evidence that having
infanticide
proved regard to the provisions of Section 282 of the Criminal
Code she was not guilty of murder but was guilty of
infanticide, she may be found guilty of infanticide.
2. Nothing in this section shall be deemed to preclude a
woman who is tried for the murder of her newly-born child
from being convicted of manslaughter, or being found
guilty but insane, or being found guilty of concealment of
birth.

Where offence 331. In addition to the provisions hereinbefore specifically made

proved is whenever a person is charged with an offence constituting
included in
offence charged
of several particulars a combination of some only of which
constitutes a complete lesser offence and such
combination is proved but the remaining particulars are
not proved he may be convicted of such lesser offence or
may plead guilty thereto although he was not charged with
it.

Where a lesser 332. When a person is charged with an offence and facts are
offence is proved which reduce it to a lesser offence he may be
proved,
conviction may
convicted of the lesser offence although he was not
follow charged with it.

Withdrawal of 333. When more charges than one are made against a person
remaining and a conviction has been had on one or more of them, the
charges on
conviction on
prosecutor may with the consent of the court, withdraw
one of several the remaining charge or charges or the court of its own
charges motion, may stay the trial of such charge or charges.

Court may 334. Such withdrawal shall have effect of an acquittal on such
proceed upon charge or charges, unless the conviction which has been
withdrawn
charges in had is set aside, in which case subject to any order of the
certain court setting aside such conviction, the court before which
circumstances the withdrawal was made may, on the request of the
prosecutor, proceed upon the charge or charges so
withdrawn.

Procedure for 335. 1. A trial for the offences referred to in sub section 4 of this
trial on charge section may not, where the court so determines, be held in
for certain
offences an open court.
 114
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

2. The names and identity of the victims of such offences

or witnesses shall not be disclosed in any charge,
information, record or report of the proceedings and it
shall be sufficient to designate the names with alphabets.

3. Where in any proceedings the court determines that it

is necessary to protect the identity of the victim or a
witness, the court may take any or all of the following
measures-
(a) receive evidence by video link;
(b) permit the witness to be screened or masked;
(c) receive written deposition of any expert witness;
(d) any other measure that the court considers
appropriate in the circumstance.

4. The provisions of this section shall apply to-

(a) Offences under sections 196, 198, 200, 203, 204,
205, 209, 222 and 308 of the Criminal Code
(b) Offences under Prevention of Terrorism Act 2011
(c) Offences relating to trafficking in persons
(d) Any other offence that may be permitted by a law of
the State House of Assembly or an Act of the National
Assembly.

5. Any contravention of the provisions of sub section 2 of

this section shall be an offence and liable on conviction to
a minimum term of one year imprisonment.

CHAPTER 19. – DESCRIPTION OF PROPERTY AND

PERSONS IN THE COURT PROCESS
Methods of 336. Where in any complaint, summons, warrant of any
stating description, charge sheet, information or any document
ownership of
property whatsoever issued by a court in the exercise of its criminal
jurisdiction it is necessary to refer to the ownership of any
property whether movable or immovable which belongs to
or is in the possession of more than one person the
provisions of sections 337 to 343 shall apply.

Joint owners 337. If the property belonged to or was in the possession of more
than one person whether as partners in trade or otherwise,
joint tenants, tenants in common or joint owners or
possessors it may be described in the name of any one of
such persons and another or others.

Companies and 338. Property of a company, association, club or society may

associations subject to the provisions of any other written law be
 115
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

described as the property of an official of such company,

association, club or society, or alternatively belonging to
such company, association, club or society by its legal or
registered title.

Public 339. Property belonging to or provided for the use of any public
department establishment, service or department may be described as
the property of the State.

Places of 340. Where it is necessary to state the ownership of any church,

worship chapel, mosque or building or place set apart for religious
worship or of anything belonging to or being in the same,
it may be stated that such church, chapel, mosque or
building or place, or such thing is the property of any
clergyman, minister or other person officiating therein or
of the churchwarden or churchwardens of such church,
chapel, mosque or building or place, without its being
necessary to name him or them.

The control of 341. Where it is necessary to state the ownership of any money
public offices or other property whatsoever in the charge, custody, or
under the control of any public officer, such money or
property may be stated to be the money or property of the
State.

Public building, 342. Where it is necessary to state the ownership of any work
works or or building made, erected or maintained either wholly or
institutions
in part at the expense of the public revenue of the State or
of any town or village thereof or of any local government,
or of anything belonging to or being in or used in relation
to the same, or of anything provided for the use of any part
or of any public institution or establishment, or of any
materials or tools provided or used for repairing any such
work or building or any public road or highway, or of any
other property whatsoever, whether movable or immovable
as aforesaid, it shall be sufficient to state that such
property is the property of the State or of the town or
village, or of any local government as the case may be,
without naming any of the inhabitants of any such areas
or jurisdictions.

Married 343. Property belonging to a woman who has contracted a

Women’s marriage under the Marriage Act or a marriage under
property
native and custom may be stated as belonging to such
married woman.
 116
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Description of 344. Where in any complaint, summons, warrant of any

persons in description, charge sheet, information or any document
criminal process whatsoever issued by a court in the exercise of its criminal
jurisdiction it is necessary to refer to any person the
description or designation of that person shall be such as
is reasonably sufficient to identify him, without necessarily
stating his correct name, or his abode, style, degree, or
occupation, and if, owing to the name of the person not
being known or for any other reason it is impracticable to
give such a description or designation, such description or
designation shall be given as is reasonably practicable in
the circumstances, or such person may be described as “a
person unknown”.

Provided that no person who is accused of an offence

shall be described as “a person unknown” except in the
case of a verdict found upon a coroner’s inquisition.

Remedies of 345. Every woman who has contracted a marriage under the
married woman Marriage Act or a marriage under native law and custom,
against her
husband and shall have in her own name against all persons
others in respect whatsoever, including the husband of such marriage,
of property subject as to the provisions of any other law, the same
remedies and redress by way of criminal proceedings for
the protection and security of her own separate property
as if such property belonged to her as an unmarried
woman.

Husband and 346. In any proceeding taken under the provisions of section
wife competent 245 of this Law, the husband and wife shall be competent
witnesses
and compellable witnesses in accordance with the
provisions of the Evidence Act.
CHAPTER 20 – DEFENDANT – ATTENDANCE TO
COURT AND REPRESENTATION BY COUNSEL
Court may 347. A magistrate may dispense with the personal appearance
dispense with of a defendants in a charge for a simple offence, provided
the Presence of that the defendant pleads guilty in writing or appears and
defendant at so pleads by a legal practitioner.
trial

Warrant may 348. The magistrate trying any case in which the presence of
issue in default the defendant has been dispensed with may, in his
of attendance discretion, at any subsequent stage of the proceedings,
direct the personal attendance of the defendant and, if
necessary, by means of the issue of a warrant to
apprehend the defendant and bring him before the court.

Recovery of fine 349. If a magistrate imposes a fine on a defendant whose

by distress or personal attendance has been dispensed with, the
imprisonment. magistrate may at the same time provide either that if the
fine be not paid within a stated time the amount shall be
recovered by distress or that the accused shall be
 117
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

imprisoned for a period calculated in accordance with the

provisions contained in section 422 for the non-payment
of a fine.

Allegation of 350. If, in any case in which the attendance of a defendant is

previous dispensed with, previous convictions are alleged against
conviction where such person and are not admitted in writing or through
presence of such person’s legal practitioner, the magistrate may
defendant is adjourn the proceedings and direct the personal
dispensed with
attendance of the defendant and, if necessary, enforce
such attendance in the same manner as in section 348.

Cost of 351. Whenever the attendance of a defendant has been

attendance in dispensed with and his attendance is subsequently
default. required the cost of any adjournment for such purpose
shall be born in any event by the defendant.

Position in court 352. Where a defendant appears before a court on a summons

of defendant he may be required to enter the dock or to stand or sit
adjacent thereto as may be ordered by the court.

Counsel for 353. 1. Both the complainant and defendant shall be entitled to
complainant conduct their respective cases in person or by a legal
and defendant
practitioner.

Access to legal 2. Where the defendant is in custody or on remand he shall

practitioners be allowed the access of such legal practitioner at all
reasonable times.

Right of 3. Where the defendant elects to defend himself in person,

defendant to the court shall inform him of all his rights within the trial
defend himself
and of the possible consequences of such election.

CHAPTER 21.—DETERMINATION OF AGE OF

DEFENDANT
Presumption 354. Where a person is before any court and it appears to the
and court that such person is an infant, or a child, or a young
determination of person, or an adult, the court may make due inquiry as to
age.
the age of that person and for that purpose may take such
evidence as may be forthcoming at the time, or at the time
to which the inquiry may be adjourned but an order or
judgment of the court shall not be invalidated by any
subsequent proof that the age of that person has not been
correctly stated to the court, and the age presumed or
declared by the court to be the age of that person shall for
the purposes of this Law be deemed to be the true age of
that person.
 118
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Where 355. Where in a charge for any offence, it is alleged that the
defendant is person by or in respect of whom the offence was committed
presumed to be was a child or young person, or was under or above any
under or above
a specific age at
specified age, and he appears to the court to have been at
time of alleged the date of the commission of the alleged offence a child or
offence young person, or to have been under or above the specified
age, as the case may be, he shall for the purpose of this
Law be presumed at that date to have been a child or
young person or to have been under or above that age, as
the case may be, unless the contrary is proved.

CHAPTER 22. – RIGHT OF THE PUBLIC TO ATTEND

THE COURT SITTINGS
Public to have 356. 1. Subject to the provisions of sections 357 to 359 and
access to of any other written law specifically relating thereto
hearing the room or place in which any trial is to take place
under this Law shall be an open court to which the
public generally may have access as far as it can
conveniently contain them.

2. The judge or magistrate presiding over such trial

may, in his discretion and subject to the provisions
of section 358, exclude the public at any stage of the
hearing on the grounds of public policy, decency or
expedience:

3. Where the court is sitting in a place other than in a

building the authority given to exclude the public
shall be construed as being authority to prevent the
public approaching so near to where the court is
sitting as, in the opinion of the judge or magistrate,
to be able to near what is taking place at the trial or
be able to communicate with any person allowed to
be present thereat

Court may be 357. In addition to and not in mitigation of any powers which a
cleared whilst court may possess to hear proceedings in camera the court
child or young
person is giving
may, where a person who in the opinion of the court has
evidence in not attained the age of eighteen is called as witness in any
certain cases proceedings in relation to an offence against or any
conduct contrary to decency or morality, direct that all or
any persons not being members or officers of the court or
parties to the case, their legal practitioners or persons
otherwise directly concerned in the case, be excluded from
the court during the taking of the evidence of such person.

Order under 358. 1. An order made under section 356 or 357 excluding the
section 356 or public from a court shall not unless specifically stated-
357 not to apply
 119
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

to press and (a) authorize the exclusion of bona fide representatives

certain others of a newspaper or news agency, or
(b) apply to messengers, clerks and other persons
required to attend at the said court for purposes
connected with their employment.

2. Where such an order is made the judge or magistrate,

as the case may be, shall record the grounds upon which
such decision is taken.
Prohibition on 359. No infant, other than an infant in arms, or child shall be
children’s permitted to be present in court during the trial of any
presence in
court at trial of person charged with an offence or during any proceedings
other persons preliminary thereto and if so present, shall be ordered to
be removed unless he is the person charged with the
alleged offence or his presence is required as a witness or
otherwise for the purposes of justice, in which event he
may remain for so long as his presence is necessary.

CHAPTER 23. – PLEA TO INFORMATION OR CHARGE

Pleading to 360. The person to be tried upon any charge or information
indictment or shall be placed before the court unfettered unless the court
charge
shall see cause otherwise to order, and the charge or
information shall be read over and explained to him to the
satisfaction of the court by the registrar or other officer of
the court, and such person shall be called upon to plead
instantly thereto, unless where the person is entitled to
service and the court finds that he has not been duly
served therewith.

Proof of previous 361. Where the fact of a previous conviction of a defendant is a

conviction fact in issue, the prosecution shall prove the same in
accordance with the provisions of the Evidence Act or
otherwise to the satisfaction of the court.

Pleas of 362. 1. Any defendant against whom a charge or information is

autrefois acquit filed may plead-
or convict;
pardon
(a) that he has been previously convicted or acquitted,
as the case may be, of the same offence; or
(b) that he has obtained a pardon for his offence.
2. If either of such pleas is pleaded in any case and denied
to be true in fact, the court shall try whether such plea is
true in fact or not.
3. If the court holds that the facts alleged by the defendant
do not prove the plea, or if it finds that it is false in fact,
the defendant shall be required to plead to the charge or
information.
 120
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Where 363. 1. If the defendant when called upon to plead remains

defendant silent or refuses to answer, the court shall enter a
remains silent
or refuses to plea of not guilty on his behalf.
take a plea 2. Such plea shall have the same effect as if the
defendant actually pleaded to the charge.
3. The court may inquire into the mental state of the
defendant, and if the court is satisfied that the
defendant is of sound mind, the court shall proceed
with his trial.

4. If the court finds that the defendant is of unsound

mind, the provisions of this law in relation to
persons of unsound mind shall apply.

Effect of plea of 364. 1. If the defendant pleads guilty to any offence with
guilty which he is charged, the court shall record his plea
as nearly as possible in the words used by him.
2. The prosecution shall state the facts of the alleged
offence to which the defendant has pleaded, and if
satisfied that he intended to admit the truth of all
the essentials of the offence which he has pleaded
guilty, the court shall convict him of that offence and
pass sentence upon or make an order against him
unless there shall appear sufficient cause to the
contrary.
3. Where the defendant pleads guilty to a capital
offence, a plea of not guilty shall be recorded for him.

Amending 365. 1. If the defendant pleads guilty to any offence not

charge where contained in the charge or information on which he was
the defendant
pleads guilty to arraigned, the court shall direct the prosecution to amend
an offence not the charge or information to include the admitted offence.
charged 2. In such a situation, a fresh plea of the defendant shall
be taken on the amended charge or information.

Effect of plea of 366. Every person who pleads not guilty shall be deemed to
not guilty have submitted himself to trial.

Defendant may 367. 1. Notwithstanding anything in this Law or any other

plead guilty for enactment, the prosecutor may receive, consider and
lesser offence(s)
than offence
accept that a person charged with an offence pleas guilty
charged for a lesser offence where the prosecutor is of the view that
the acceptance of such agreement is in the interest of
justice, the public interest, public policy and the need to
prevent abuse of the legal process.
 121
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

2. The prosecutor and the defendant or his legal

practitioner may before the plea to the charge, enter into
an agreement in respect of-
(a) the terms of the plea bargain which may include the
sentence recommended within the appropriate range of
punishment stipulated for the offence(s) charged or a
lesser offence of which he may be convicted on the charge,
and

(b) an appropriate sentence to be imposed by the court

if the defendant is convicted of the offence to which he
intends to plead guilty.

3. The prosecutor may only enter into an agreement

contemplated in subsection (2) of this section-
(a) after consultation with the police responsible for the
investigation of the case and the victim, and
(b) with due regard to the nature of and circumstances
relating to the offence, the defendant, the victim and
public interest.

4. In determining whether it is in the public interest to

enter into a plea bargain, the prosecution shall weigh all
relevant factors, including:
(a) the defendant’s willingness to cooperate in the
investigation or prosecution of others;
(b) the defendant’s history with respect to criminal
activity;
(c) the defendant’s remorse or contrition and his
willingness to assume responsibility for his conduct;
(d) the desirability of prompt and certain disposition of
the case;
(e) the likelihood of obtaining a conviction at trial, the
probable effect on witnesses;
(f) the probable sentence or other consequences if the
defendant is convicted;
(g) the need to avoid delay in the disposition of other
pending cases; (h) the expense of trial and appeal; and
(i) the defendant willingness to make restitution or pay
compensation to the victim where appropriate.

5. The prosecution shall afford the complainant, victim of

the alleged crime or his representative the opportunity to
make representations to the prosecutor regarding-
(a) the content of the agreement; and
(b) the inclusion in the agreement of a compensation or
restitution order.
 122
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

6. An agreement between the parties contemplated in

subsection (2) shall be reduced to writing and shall –
(a) state that, before conclusion of the agreement, the
defendant has been informed –
(i) that he has a right to remain silent,
(ii) of the consequences of not remaining silent,
or
(iii) that he is not obliged to make any confession
or admission that could be used in evidence against him;
(b) state fully, the terms of the agreement and any
admission made; and

(c) signed by the prosecutor, the defendant, the legal

practitioner and the interpreter, as the case may be.

7. The presiding judge or magistrate before whom the

criminal proceedings are pending shall not participate in
the discussion contemplated in subsection (2):

Provided that he may be approached by counsel regarding

the contents of the discussions and he may inform them
in general terms of the possible advantages of discussions,
possible sentencing options or the acceptability of the
proposed agreement.
8. Where a plea agreement is reached by the prosecution
and the defence, the prosecutor shall inform the court that
the parties have reached an agreement and the presiding
judge or magistrate shall then inquire from the defendant
to confirm the correctness of the agreement.

9. The presiding judge or magistrate shall ascertain

whether the defendant admits the allegation in the charge
to which he has pleaded guilty and whether he entered into
the agreement voluntarily and without undue influence
and may –
(a) If satisfied that the defendant is guilty of the offence
to which he has pleaded guilty, convict the defendant
on his plea of guilty to that offence, or
(b) If he is for any reason of the opinion that the
defendant cannot be convicted of the offence in respect of
which the agreement was reached and to which the
defendant has pleaded guilty or that the agreement is in
conflict with the defendant’s right referred to in subsection
(6) of this section, he shall record a plea of not guilty
in respect of such charge and order that the trial
proceed.
 123
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

10. Where a defendant has been convicted in terms of

subsection (9) (a), the presiding judge or magistrate shall
consider the sentence as agreed upon and if he is –
(a) satisfied that such sentence is an appropriate
sentence, impose the sentence; or
(b) of the view that he would have imposed a lesser
sentence than the sentence agreed, impose the lesser
sentence; or
(c) of the view that the offence requires a heavier
sentence than the sentence agreed upon,
he shall inform the defendant of such heavier sentence he
considers to be appropriate.

11. Where the defendant has been informed of the heavier

sentence as contemplated in subsection (10) (c) above, the
defendant may –
(a) abide by his plea of guilty as agreed upon and agree
that, subject to the defendant’s right to lead evidence and
to present argument relevant to sentencing, the presiding
judge or magistrate proceeds with the sentencing, or
(b) withdraw from his plea agreement, in which event
the trial shall proceed de novo before another presiding
judge or magistrate, as the case may be.
12. Where a trial proceeds as contemplated under
subsection (11) (a) or de novo before another presiding
judge, or magistrate, as contemplated in subsection (11)
(b) –
(a) No references shall be made to the agreement;
(b) No admission contained therein or statements
relating thereto shall be admissible against the defendant;
and
(c) The prosecutor and the defendant may not enter
into a similar plea and sentence agreement.
13. When a person is convicted and sentenced under the
provisions of subsection (10) of this section, he shall not
be charged or tried again on the same facts for the greater
offence earlier charged to which he had pleaded to a lesser
offence.

14. The prosecution may enter into plea bargain with the
defendant, with the consent of the victim or his
representative, during or after the presentation of the
evidence of the prosecution, but before the presentation of
the evidence of the defence and in no case after the
dismissal by the court of an objection to admission of
 124
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

evidence tendered by the prosecution to evidence, provided

that any of the following conditions are present;
(a) Where the evidence of the prosecution may
insufficient to prove the offence charged beyond
reasonable doubt but may be sufficient to prove other
lesser offence;
(b) Where the defendant has agreed to return the
proceeds of the crime or make restitution to the victim
or his representative of property in crimes against
property and those committed by public officer in relation
to public funds such as but not limited to the crime of
plunder, graft and corrupt practices, bribery and
economic crimes, the defendant makes a full restitution
of the property or public funds involved; and
(c) Where in a case involving conspiracy the defendant
has fully cooperated with the investigation and
prosecution of the crime by providing relevant information
for other conspirators.
15. Notwithstanding any provision contained under this
section, no plea agreement shall be entered into without
the written consent of the Attorney General of the State or
any officer of his department authorized by him in writing;
Provided that there shall be no plea bargain in any charge
involving murder, kidnapping, armed robbery, rape,
defilement, sexual assault or terrorism.

Plea to 368. 1. Before a person takes his plea, the court shall inform
information or him of his rights under the provisions of section 353 of
charge
this Law.
2. The person to be tried on a charge or an information
shall be-
(a) brought before the court unfettered unless the court
sees cause otherwise to order, and the charge or
information shall be read over and explained to him to the
satisfaction of the court by the registrar or other
officer of the court; and

(b) called upon to plead instantly unless, where the

person is entitled to service of the information, he
objects to the non-service and if the court finds that he has
not be been duly served.

4. The court shall record the fact that it is satisfied that

the defendant understands the charge or
information read over and explained to him in the
language he understands, and shall record the plea
of the defendant to the charge or information as
nearly as possible in the words used by him.
 125
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

CHAPTER 24. – ADDUCING EVIDENCE AND

EXAMINATION OF WITNESSES
Presentation of 369. After the defendant has pleaded not guilty to the charge or
case for information the person appearing for the prosecution may
prosecution
open the case against the defendant and then adduce
evidence in support of the charge.

Rule as to 370. Any exception, exemption, proviso, condition, excuse, or

statement of qualification, whether it does or does not in any enactment
exception
creating an offence accompany in the same section the
description of the offence, may be proved by the defendant,
but need not be specified or negatived in the complaint,
and if so specified or negatived, no proof in relation to the
matter so specified or negatived shall be required on the
part of the complainant.

Application of 371. Subject to the provisions of any other written law, the
the Evidence examination of witnesses shall be in accordance with the
Act.
provisions of the Evidence Act.

Witness 372. 1. When any person attending either in obedience to a

refusing to be summons or by virtue of a warrant or being present in
sworn or
produce
court and being verbally required by the court to give
documents evidence in any case –
(a) refuses to be sworn as a witness; or
(b) having been so sworn, refuses to answer any
question put to him by the sanction of the court; or
(c) refuses or neglects to produce any documents which
he is required by the court to produce;
without in any such case offering any sufficient excuse for
such refusal or neglect, the court may, if it thinks fit,
adjourn the hearing of the case for any period not
exceeding eight days where practicable, and may in the
meantime, by warrant, commit such person to prison or to
other place of safe custody, unless he sooner consents to
do what is so required of him.
2. If such person, upon being brought before the court at
or before such adjourned hearing again refuses to do what
is so required of him, the court may if it thinks fit, again
adjourn the hearing of the case, and commit him for the
like period, and so again from time to time until such
person consents to do what is so required of him.
3. Nothing herein contained shall affect the liability of any
such person to any other punishment or proceeding for
refusing or neglecting to do what is so required of him, or
shall prevent the court from disposing of the case in the
 126
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

meantime according to any other sufficient evidence taken

by it.

Power to call or 373. The court at any stage of any trial, or other proceedings
recall witnesses under this Law may either of its own motion or on the
application of either party to the proceedings call any
person as a witness or recall and re-examine any person
already examined and the court shall examine or recall
and re-examine any such person if his evidence appears to
the court to be essential to the just decision of the case.

Certificates of 374. Certificates signed by a Government chemist, pathologist,

certain entomologist or superintendent of a forensic science
Government
technical laboratory, or the Accountant-General shall be admissible
officers in evidence in accordance with the provisions of section 55
of the Evidence Act.

CHAPTER 25. – VISIT TO LOCUS

Locus Inspection 375. It shall be the duty of a court trying a case summarily to
make or cause to be made such locus inspection as the
circumstances of the case may require.

View by court of 376. 1. Where it appears to the court that in the interest of
locus justice the court should have a view of any place, person
or thing connected with the case, the court may, where the
view relates to a place, either adjourn the court to that
place and there continue the proceedings or adjourn the
case and proceed to view the place, person or thing
concerned.
2. The defendant shall be present at the view.

No 377. In the case of any view being had the court shall give such
communication directions as may seem requisite for the purpose of
between
defendant and
preventing communication between the witness and the
witnesses defendant:
during visit to Provided that a breach of any such directions shall not
locus affect the validity of the proceedings unless the court
otherwise directs.

CHAPTER 26. – ADDRESSES

In certain cases 378. (1) After the case for the prosecution is concluded, the
prosecution has defendant or the legal practitioner representing him, if
no right of reply
any, shall be entitled to address the court at the
commencement or conclusion of his case, as he thinks fit,
and if no witnesses have been called for the defence, other
than the defendant himself or witnesses solely as to the
character of the defendant and no document is put in as
evidence for the defence, the person appearing for the
 127
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

prosecution shall not be entitled to address the court a

second time but if in the opening case for the defence the
person appearing for the defendant has in addressing the
court introduced new matter without supporting it by
evidence, the court in its discretion, may allow the
prosecution to reply.
Addresses to be (2) Addresses under the provision of subsection (1) of this
in writing section shall be in writing unless otherwise directed by the
court.
(3) Where the address is in writing the court may still allow
the person making the address reasonable time to
highlight certain points contained therein.

Cases in which 379. If any witness, other than the defendant himself or
prosecution may witnesses solely as to the character of the defendant, is
reply
called or any document is put in as evidence for the
defence, the person appearing for the defendant shall be
entitled after evidence on behalf of the defendant has been
adduced to address the court a second time on the whole
case and the prosecution shall have a right of reply.

Reply by law 380. The provisions of sections 378 and 379 shall not affect the
officer or police right of reply by a law officer.
officer who is a
lawyer

Right of reply 381. In cases where the right of reply depends upon the
question whether evidence has been called for the defence,
the fact that the defendant has been called as a witness
shall not of itself confer on the prosecution the right of
reply:

Provided that a law officer or a police officer who is a

legal practitioner when appearing personally as
counsel for the prosecution shall in all cases have the
right of reply.

Reference to the 382. 1. Where a question as to the interpretation of the

Court of Appeal Constitution of the Federal Republic of Nigeria arises in
the course of a trial and is referred to the Court of Appeal
under the provisions of the Constitution, the court before
which the question arose may in its discretion-
(a) adjourn the trial until the question has been
considered and decided;
(b) conclude the trial and postpone the verdict until
such time as the question has been considered and
decided: or
 128
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(c) conclude the trial and pass sentence but suspend

execution until such time as the question has been
considered and decided, and in any such case the court in
its discretion shall commit the defendant or convicted
person to prison or admit him to bail in accordance with
the provisions of this Law.

2. When the question referred to subsection (1) (a) of this

section has been decided by the Court of Appeal the Court
shall-
(a) continue the trial or discharge the defendant;
(b) acquit or convict the defendant; or
(c) order the execution of the sentence as the
circumstance may require.

Stay of 383. Subject to the provisions of the Constitution, an

proceedings application for stay of proceedings in respect of a criminal
matter brought before the Court shall not be entertained
until judgment is delivered.

CHAPTER 27. – JUDGMENT

Deliberation by 384. When the case for both sides is closed, the court shall
court consider its verdict and for this purpose may adjourn the
matter for judgment.

Judgment to be 385. The judge or magistrate shall record his judgment in

in writing writing and every such judgment shall contain the point or
points for determination, the decision thereon and the
reasons for the decision and shall be dated and signed by
the judge or magistrate at the time of pronouncing it;
Provided that in the case of a magistrate in lieu of
writing such judgment, it shall be a sufficient compliance
under this section if the magistrate –
(a) records briefly in the book his decision thereon and
where necessary his reasons for such decision and
pronounces it, or
(b) records such information in a prescribed form.

Defendant to be 386. If the court finds the defendant not guilty, he shall
discharged if forthwith be discharged and an order of acquittal recorded.
found not guilty

Defendant to be 387. If the court convicts the defendant or he pleads guilty, it

asked whether shall be the duty of the registrar to ask the defendant
he has anything
to say before
whether he has anything to say why sentence should not
sentence be passed on him according to law, but the omission of the
registrar to ask him or his being so asked by a judge or
 129
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

magistrate instead of the registrar shall have no effect on

the validity of the proceedings.

Sentence 388. If the court finds the defendant guilty the court shall either
pass sentence on the accused or make an order or reserve
judgment and adjourn the case to some future date.

Conviction on 389. 1. Where a defendant is found guilty of an offence, the

other charges court may in passing sentence take into consideration any
pending
other charge that is pending against him if the defendant
admits the other charge and desires that it be taken into
consideration and if the prosecutor of the other charge
consents.

2. Where such a desire is expressed and consent given, the

court shall enter or cause an entry to that effect to be made
on the record and upon sentence being pronounced, the
defendant shall not, subject to the provisions of sections
528 to 530 or unless the conviction which has been heard
is set aside, be liable to be charged or tried in respect of
any such offence so taken into consideration.

Delivery of 390. Where a judge or magistrate having tried a case is

judgment when prevented by illness or other unavoidable cause from
judge or
magistrate is
delivering his judgment or sentence, such judgment and
unavoidably the sentence, if the same has been reduced into writing
absent and signed by the judge or magistrate, may be delivered
and pronounced in open court in the presence of the
defendant by any other judge or magistrate.

CHAPTER 28 - SENTENCES
Sentence and 391 1. The Court shall, in pronouncing sentence, consider the
sentencing following factors in addition to sections 392 of this Law.
hearing
(a) the objectives of sentencing, including the principles
of reformation and deterrence;
(b) the interest of the victim, the convict and the
community;
(c) appropriateness of non-custodial sentence or
treatment in lieu of imprisonment;
(d) previous conviction of the convict.

2. A court, after conviction, shall take all necessary

evidence or information in respect of each convict that may
guide it in deciding the nature and extent of sentence to
pass on the convict in each particular case, even though
the convicts were charged and tried together.
 130
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Guiding 392. 1. On conviction, a court may sentence the convict to a

objectives of term of imprisonment as prescribed by the enabling law.
sentencing

2. In exercising its discretion of sentencing or review of

sentence, the court shall take into consideration the
following factors;
(a) each case should be treated on its own merit;
(b) the objectives of sentencing, including the principles
of reformation, should be borne in mind in sentencing a
convict;
(c) an appeal court may in proper case reduce the
sentence imposed by the trial court, especially when it is
excessive or based on wrong principles; or an appeal court
may in proper may increase the sentence imposed by the
trial court especially when it is inadequate;
(d) a trial court ought not to pass the maximum
sentence on a first offender;
(e) the period spent in custody awaiting or undergoing
trial ought to be considered in sentencing a convict;
(f) trial court shall conduct an inquiry into the
defendant’s antecedents before sentencing;
(g) it may be desirable to adjourn for sentencing in
order to have time to consider any evidence adduced at the
sentencing hearing in accordance with section 391 of this
law;
(h) where there is doubt as to whether the defendant or
convict has attained the age of seventeen, the court
should resolve the doubt in his favour;
(i) a defendant may not be given consecutive sentences
for two or more offences committed in the same
transaction;
(j) an appeal court may not increase the sentence of a
lower court beyond the maximum number of years the
lower court has power to impose; and
(k) sentencing to a term of imprisonment shall apply
only to those offenders who should be isolated from society
and with whom other forms of punishment have failed
or is likely to fail.

SUSPENDED SENTENCE
Security for 393. When a person is convicted of any offence the court may,
coming up for instead of passing sentence, release the offender upon his
judgment
entering into his own recognizance, with or without
sureties, in such sum as the court may think fit, on the
condition that he shall appear and receive sentence at
some future sitting of the court or when called upon.

CHAPTER 29.—CAPITAL SENTENCE

 131
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Execution of 394. The punishment of death is inflicted by hanging the

sentence by offender by the neck until he be dead.
death.
Death sentence 395. Sentence of death shall be pronounced in the following
– how form –
pronounced
“The sentence of the court upon you is that you be hanged
by the neck until you be dead and may the Lord have
mercy on your soul.”

Prior formalities 396. Where sentence of death has been passed such sentence
generally shall only be carried out in accordance with the provisions
of this chapter.

Where 397. Where a woman found guilty of a capital offence is found

pregnancy is in accordance with the provisions of section 410 to be
found
pregnant the sentence of death shall not be passed on her
but in lieu thereof she shall be sentenced to imprisonment
for life.

Where offender 398. Where a convict who in the opinion of the court had not
is a young attained the age of eighteen years at the time the offence
person
was committed is found guilty of a capital offence,
sentence of death shall not be pronounced or recorded but
in lieu of it the court shall sentence the person to life
imprisonment or to such other term as the court may deem
appropriate in consideration of the principles in section
392 of this Law.

Judge’s 399. 1. A Judge who pronounces a sentence of death shall

Certificate issue, under his hand and the seal of the court, a
certificate to the effect that sentence of death has
been pronounce upon the person named in the
certificate, and the certificate shall be sufficient and
full authority in law for the detention of the convict
in safe custody until the sentence of death
pronounced upon him can be carried into effect and
for carrying the sentence of death into effect in
accordance with and subject to the provisions of this
Part.

2. Where the court, either at trial or on appeal,

considers it appropriate, it may issue a report for the
purpose of advice on the exercise by the President of
the powers of prerogative of mercy under this Part,
and the report shall form part of the record of
proceedings in the case
 132
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Steps to be 400. The registrar of the court by which the person is sentenced
taken by the to death shall, as soon as practicable after sentence has
registrar
been pronounced:
(a) hand two copies of the certificate issued by the
Judge under the provisions of section 399 of this Law to
the Commissioner of Police, one copy of which shall be
retained by the Commissioner of Police and the other
handed to the superintendent or other officer in charge of
the prison in which the convict is to be confined;
(b) transmit to the sheriff one copy of the certificate; and
(c) file one copy of the certificate with the record of the
proceedings in the case.
Convict may 401. 1. Where a person has been sentenced to death and
send request to has exercised his legal rights of appeal against the
Committee on
Prerogative of
conviction and sentence and the conviction and
Mercy sentence have not been quashed or the sentence has
not been reduced, or has failed to exercise his legal
rights of appeal or having filed an application for
leave to appeal, or an appellant has failed to perfect
or prosecute the application or appeal within the
time prescribed by law; and

2. Where the convict desires to have his case

considered by the Committee on Prerogative of
Mercy, he shall forward his request through his legal
practitioner or officer in charge of the prison in
which he is confined to the Committee on
Prerogative of Mercy. The Committee on Prerogative
of Mercy shall consider the request and make their
report to the Governor of the State.
State at which 402. 1. Where a person –
Governor is to (a) has been sentenced to death; and
consider report
(b) has exercised his legal rights of appeal against the
conviction and sentence, and the conviction and
sentence has not been quashed or the sentence has not
been reduced, or has failed to exercise his legal rights of
appeal or having filed an application for leave to appeal or
an appeal, has failed to perfect or prosecute such
application or appeal within the time prescribed by law;
the Governor shall consider the report made under section
401 and after obtaining the advice of the Advisory Council
on Prerogative of Mercy decide whether or not to commute
the sentence to imprisonment for life or commute the
sentence to any specific period or decide whether the
prisoner should be otherwise pardoned or reprieved.
2. Where, for the purposes of subsection (1) of this section,
the Advisory Council on the Prerogative of Mercy is
 133
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

required to advise the Governor in relation to any person

sentenced to death, the Attorney-General shall cause a
record of the case to be prepared and submitted to the
Advisory Council, and the Advisory Council shall, in giving
its advice, have regard to the matters set out in that record.

Where no 403. If the Governor decides that the sentence should not be
commutation, commuted or that the offender should not be pardoned or
pardon or
reprieve is
reprieved, he shall cause the Sheriff to be informed and
granted the sentence of death pronounced upon the offender shall
be carried into effect in accordance with the provisions of
this law and the sheriff shall make arrangements
accordingly pursuant to the sentence of death pronounced
upon the offender.

Where 404. 1. Where the Governor decides that the sentence should
commutation, be commuted or that the offender should be otherwise
pardon or
reprieve is
pardoned or reprieved, he shall issue an order, a copy of
granted which shall be sent to the superintendent or other officer
in charge of the prison in which the offender is confined,
and another copy thereof shall be sent to the Sheriff,
directing that the execution should not proceed and that
the offender be in prison in accordance with the
recommendation, or that the offender be released, subject
to such conditions, if any, as may be specified.

2. The sheriff and the superintendent or other officer in

charge of the prison in which the offender is confined shall
comply with and give effect to every order issued under the
provisions of subsection (1).

Application of 405. Section 401 to 404 shall apply where the sentence of death
sections 401 to has been passed for an offence in respect of which the
404
power of pardon is vested in the Governor

Order of 406. 1. If the Governor decides that the sentence should not be
Governor where commuted or that the convict should not be pardoned or
pardon or
reprieve is not
reprieved, the order of the Governor shall be duly signed
granted by him and sealed as in one of the forms set out in the
Fourth Schedule of this Law or as near to it as
circumstances permit.

2. The order of the Governor:

(a) shall state the place and time, where and when the
execution is to be and give directions as to the place of
burial of the body; or
(b) may direct that the execution shall take place at
such time and such place and the body of the person
 134
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

executed shall be buried at such place as shall be

appointed by some officer specified in the order.

3. When the place or time of execution or the place of

burial is appointed by some person and is not stated in the
order of the Governor, the specified officer shall endorse
on the order over his signature the place and time of
execution and place of burial.
Copy of order to 4. A copy of the order issued by the Governor shall be
be sent to prison forwarded to the official in charge of the prison in which
official the person sentenced is confined, and the official in charge
of the prison shall give effect to the order of execution.

Endorsement on 407. When the place or time of execution or the place of burial
the order by is appointed by some person and is not stated in the
specified officer. Governor’s order, the specified officer shall endorse on the
order over his signature the place and time of execution
and place of burial or someone or more of them according
to the terms of the order.

Copy of order to 408. A copy of the Governor’s order under his hand and the
be sent to Public Seal shall be sent to the sheriff of the area in which
sheriff. the execution is to be carried into effect and the sheriff
shall have effect given thereto:
Provided that if for any reason a copy of the Governor’s
order is not received by the Sheriff before the date fixed
therein or endorsed thereon for execution, the said Sheriff
shall nevertheless have the order carried into effect on the
earliest convenient day after receipt thereof.

Order to be 409. The said copy of the Governor’s order under his hand and
sufficient the Public Seal or the directions issued by the sheriff under
authority
the last preceding section shall be sufficient authority in
law to all persons to carry the sentence into effect in
accordance with the terms thereof.

Procedure 410. 1. Where a woman convicted of an offence punishable with

where woman death alleges that she is pregnant, or where the court
convicted of
capital offence
before or by which a woman is so convicted thinks fit so to
is alleged to be do, the court shall, before sentence is passed on her
pregnant behalf, determine the question whether or not she is
pregnant.
Proof of 2. The question whether the woman is pregnant or not
pregnancy shall be determined by the court on such evidence as may
be presented to the court by the woman or on behalf or by
the prosecution.
 135
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Court 3. Where the court finds that the woman in question is not
pronounces pregnant the court shall pronounce sentence of death
sentence on the
woman if she is upon her.
not pregnant

Court of Appeal 4. An appeal shall lie to the Court of Appeal against such
may quash the finding and the Court of Appeal, if satisfied that the finding
sentence
should be set aside, shall quash the sentence passed on
her and in lieu thereof pass on her a sentence of
imprisonment for life.

Substitution of 5. The rights conferred by this section on a woman

death sentence convicted of an offence punishable with death shall be in
substitution for the right of such a woman to allege in an
application for stay of execution that she is pregnant.
Court reports to 6. The court shall report to the Advisory Council on the
council Prerogative of Mercy any case in which the court passes a
sentence of imprisonment for life under this section.

CHAPTER 30.—IMPRISONMENT

Imprisonment to 411. Imprisonment shall be with labour unless otherwise

be with labour ordered by the court.
unless
otherwise
ordered

Power to order 412. Where the court has power to pass a sentence of
detention for imprisonment, the court may, in case of a simple offence,
one day in
precincts of the
in lieu of passing sentence of imprisonment, may order
court that the offender be detained within the precincts of the
court or at any police station till such hour, not later than
eight in the evening on the day on which he is convicted,
as the court may direct;
Provided that the court shall, before making an order of
detention under this section, take into consideration
the distance between the place of detention and the
offender’s abode, if his abode is known to or
ascertainable by the court, and shall not make any
such order of detention under this section as will
deprive the offender of a reasonable opportunity of
returning to his abode on the day on which such order
of detention is made.

Consecutive 413. Where a sentence of imprisonment is passed on any

sentences of person by a court, the court may order that the sentence
imprisonment
shall commence at the expiration of any other term of
imprisonment to which that person has been previously
sentenced by any competent court or tribunal in Nigeria.
 136
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

However, where two or more sentences passed by a

Magistrates’ Courts are ordered to run consecutively, the
aggregate term of imprisonment shall not exceed four
years or the limit of jurisdiction of the adjudicating
magistrate whichever is greater.

Date from which 414. A sentence of imprisonment takes effect from and includes
sentence the whole of the day of the date on which it was
commences
pronounced.

Power to order 415. 1. A person convicted of an offence punishable by –

payment of fine (a) imprisonment as well as fine, and sentenced to pay
in lieu of
imprisonment
a fine, whether with or without imprisonment; or
(b) imprisonment or fine, and sentenced to pay a fine,
may be ordered to serve imprisonment, on default of
payment of the fine, for a certain term, which
imprisonment shall be in addition to any other
imprisonment to which he may have been sentenced.
2. In the case of a conviction in the High Court, the amount
of the fine shall be in the discretion of the court, and any
term of imprisonment imposed in default of payment of the
fine shall not exceed two years.
3. In the case of a conviction in a Magistrate’s Court –
(a) the amount of the fine shall be in the discretion of
the court but shall not exceed the maximum fine
authorised to be imposed by the Magistrate by or under
the Magistrates’ Court Law; and
(b) no term of imprisonment imposed in default of
payment of the fine shall exceed the maximum fixed in
relation to the amount of the fine by the scale specified in
section 422 of this law
4. In no case shall any term of imprisonment imposed in
default of payment of a fine which has been imposed by
virtue of the power in that behalf contained in subsection
(1) exceed the maximum term authorised by the written
law for such offence.
5. The provisions of this section shall not apply in any case
where a written law provides a minimum period of
imprisonment to be imposed for the commission of an
offence.
6. The table of fines can be varied by an Order of the
governor at the advice of the Honourable Attorney General.

Escaped 416. A person who escapes from lawful custody while

prisoners; effect undergoing a sentence involving deprivation of liberty is
of escape on
punishment liable upon recapture to undergo the punishment which
he was undergoing at the time of his escape, for a term
equal to that during which he was absent from prison,
 137
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

after the escape and before the expiration of the term of

his original sentence, whether at the time of his recapture
the term of that sentence has or has not expired.

Direct 417. Where a sentence or conviction does not order the payment
imprisonment of money but orders that the offender be imprisoned the
court shall issue a warrant of commitment accordingly.

Authority for 418. A warrant under the hand of the judge or magistrate by
carrying out whom any person shall have been sentenced or committed
sentences not
capital
to prison for non-payment of a penalty or fine shall be full
authority to the superintendent of any prison and to all
other person for carrying into effect the sentence described
in such warrant not being a sentence of death.

Error or 419. The court may at any time amend any defect in substance
omission shall or in form in any order or warrant of commitment and no
not affect
legality of act
omission or error as to time and place and no defect in
form in any order or warrant of commitment given under
this Law, shall be held to render void or unlawful any act
done or intended to be done by virtue of such order or
warrant if it is therein mentioned, or may be inferred
therefrom, that it is founded on a conviction or judgment
sufficient to sustain the same.

CHAPTER 31 – FINES

Fines, 420. A person convicted of an offence punishable by –

imprisonment in (a) imprisonment as well as fine, and sentenced to pay
default of.
a fine, whether with or without imprisonment; or
(b) imprisonment or fine, and sentenced to pay a fine,
may be ordered to serve imprisonment, in default of
payment of the fine, for a certain term, which
imprisonment shall be in addition to any other
imprisonment to which he may have been sentenced.

General power 421. Where by any written law the court is empowered to
of awarding impose a penalty for a summary conviction offence, it may
imprisonment in
default of in the absence of express provision to the contrary in the
payment of same or any other written law, order a defendant who is
penalty convicted of such offence, in default of payment of the sum
of money adjudged to be paid under the order, either
forthwith or at the time specified in the order, as the case
may be, to be imprisoned, with or without labour, in
accordance with the scale set forth in section 422.
 138
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Scale of 422. 1. The Governor shall have power to review from time to
imprisonment time the provisions for fines, compensation or sums of
for non-payment
of money
money under the law.
adjudged to be 2. Subject to the provisions of the written law on which the
paid order is founded, the period of imprisonment, whether
with or without labour, which is imposed by the court in
respect of the non-payment of any sum to be paid by an
order, shall be such period as in the opinion of the court
will satisfy the justice of the case but shall not exceed the
maximum fixed in the following scale:
Limitation of imprisonment in default of payment of fine
shall not exceed the following where fine-
(a) does not exceed N3,000 .. seven days;
(b) above N3000 but not exceeding N5000 .. fourteen
days;
(c) above N5000 but not exceeding 10,000 ..
one month;
(d) above N10,000 not exceeding N20,000 .. two
months;
(e) above N20,000 but not exceeding N50,000 ..
six months;
(f) above N50,000 but not exceeding N100,000
eight months;
(g) above N100,000 .. One year;
Limitation of 3. No commitment for non-payment of a fine shall be for a
imprisonment in period longer than two years, except where the law under
default of
payment of fine
which the conviction has taken place enjoins or allows a
longer period.

Payment and 423. A court in fixing the amount of any fine to be imposed on
allocation of an offender shall take into consideration, amongst other
fines and fees
things, the means of the offender so far as they appear or
are known to the court and where a fine is imposed, the
payment of the court fees and police fees payable in the
case up to and including conviction shall not be taken into
consideration in fixing the amount of the fine or be
imposed in addition to the fine, but the amount of the fine,
or of such part thereof as may be paid or recovered, shall
be applied as follows –
(a) in the first instance in the payment to the informant,
complainant or victim of any court or other fees paid
by him and ordered by the court to be repaid to him;
(b) in the second instance the payment of any court fees
not already paid by the informant, complainant or victim
which may be payable under the rules of court;
 139
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(c) the balance, if any, remaining after the above

payments have been made shall be paid into general
revenue.

Power to commit 424. In any case where an order is made against any person for
defendant in the payment of a sum of money and such person is in
certain cases
default of payment and liable to be imprisoned, the court
may do all or any of the following;
(a) issue a warrant of commitment forthwith;
(b) allow time for the payment of the said sum;
(c) direct payment of the said sum to be made by
installments; or
(d) direct that the person liable to pay the said sum
shall be at liberty to give security, to the satisfaction of
the court, either with or without a surety or sureties, for
the payment of the said sum or any installments
thereof.

Allowance of 425. 1. Where time has been allowed for the payment of a
further time and sum adjudged to be paid upon conviction or order,
payment by
installments
further time may on an application by or on behalf of
the person liable to pay the sum, be allowed by a
court having jurisdiction to issue a warrant of
commitment in respect of the non-payment of that
sum, the court may, subject as aforesaid, direct
payment by instalments of the sum so adjudged to be
paid.

2. Where a sum of money is directed to be paid by

instalments and default is made in the payment of
any one instalment, the same proceedings may be
taken as if default has been made in the payment of
all the instalments then remaining unpaid.

3. If before the expiration of the time allowed, the person

convicted surrenders himself to the court having
jurisdiction to issue a warrant of commitment in
respect of the non-payment of the sum and states
that he prefers immediate committal to awaiting the
expiration of the time allowed, the court may, if it
thinks fit, issue a warrant committing him to prison.

4. A warrant of commitment issued under the

provisions of this section may be executed on any
day, including a Sunday or a public holiday.
 140
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Power to 426. If the person liable to pay any sum and to whom time has
postpone issue been given to pay either with or without a surety or
of warrant of
commitment sureties makes default in such payment or fails to enter
into the security required by the court, the court shall
issue its warrant of commitment requiring any police
officer to take and convey such person to prison and there
deliver him to the superintendent of prisons, and require
him to receive such person into the prison and there to
imprison him with or without labour, as the case may be,
for such time as may be directed and appointed by the
warrant of commitment, unless the sum of money
adjudged to be paid by the order and also all other costs,
charges and expenses shall be paid.
Time and 427. Where application is made to the court for a warrant for
condition committing a person to prison for non-payment of any sum
of money adjudged to be paid by an order, the court may,
if it deems it expedient so to do, postpone the issue of such
warrant until such time and on such conditions if any, as
to the court may deem just.
Limit of three 428. When the court orders the imprisonment of any person,
months the court may, if it thinks fit, order that such
imprisonment shall not commence forthwith, but shall
commence on any day not more than three months after
the date of such order as the court may fix, and in such
case the court may either release the person until such
day or discharge him upon his entering into a
recognizance, with or without sureties, conditioned for his
reappearance on such day to undergo such imprisonment.

Execution of 429. Any warrant of commitment issued under the provisions

warrants of this chapter may be executed on any day including
Sunday or public holiday.

Payment of 430. In all cases where any person against whom a warrant of
penalty to commitment for non-payment of any sum of money
person
executing
adjudged to be paid by an order is issued, pays or tenders
warrant to the person having the execution of the same, the sum
or sums in such warrant mentioned together with the
amount of the expenses of such warrant up to the time of
such a payment or tender, the person having the execution
of such warrant shall cease to execute the same.

Commencement 431. Where any person is brought to any prison to be

of imprisonment imprisoned by virtue of a warrant of commitment there
shall be endorsed on such warrant the day on which such
person was arrested by virtue thereof and the
 141
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

imprisonment shall be computed from such day and

inclusive thereof.

Varying of or 432. Where any person has been committed to prison by the
discharging court for default in finding a surety or sureties the court
order for
sureties may, on application made to it by such person or by some
person acting on his behalf, inquire into the case of such
person, and if upon new evidence produced to the court or
proof of a change of circumstances the court thinks having
regard to all the circumstance of the case that it is just so
to do, the court may reduce the amount for which it was
ordered that the surety or sureties should be bound, or
dispense with surety or sureties, or otherwise deal with the
case as the court may think just.

Right of person 433. 1. Where a person has been committed to prison by the
imprisoned in court for non-payment of a sum of money adjudged to be
default to be
released on
paid by an order, the person may pay or cause to be paid
paying sum to the officer in charge of the prison the sum mentioned in
the warrant of commitment together with the amount of
the costs, charges and expenses, if any, and the officer in
charge of the prison shall receive the sums and discharge
the person, unless he is in custody for some other matter.

2. In a case where under subsection (1) of this section a

sum has been received in part satisfaction of a sum due
from a prisoner in consequence of the conviction of the
court, the sum shall be applied:
(a) firstly, towards the payment in full or in part of any
costs or damages or compensation which the court may
have ordered to be paid to the complainant; and
(b) Secondly, towards the payment of the fine, if any,
imposed on the prisoner.

3. Subject to the provisions of subsection (2) of this

section, where an amount is paid towards a fine:
(a) the imprisonment shall be reduced by a number of
days bearing as nearly as possible the same proportion to
the total number of days for which the person is
committed as the sum so paid towards the fine bears to
the amount of the fine for which the person is liable; and
(b) the superintendent or other officer in charge of a
prison in which a person who has made the part payment
is confined shall as soon as practicable thereafter take
the person before a court which shall:
(i) certify the amount by which the term of
imprisonment originally awarded is reduced by such
payment in part satisfaction, and
 142
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(ii) make such order as the circumstances

require.

4. Where, in the opinion of the superintendent or other

officer, the delay occasioned by taking the person before a
court is such that the person will be detained beyond the
date on which he should by reason of the part payment be
released, the superintendent or other officer may release
the person on the day which appears to the
superintendent or other officer to be the correct day,
endorse the warrant accordingly and shall, as soon as
practicable thereafter, inform the court of the action taken
and the court shall make such order or record as the court
may consider to be required in the circumstances.

5. In reckoning:
(a) the number of days by which a term of
imprisonment would be reduced under this section, the
first day of imprisonment shall not be taken into account;
and

(b) the sum which will secure the reduction of a term of

imprisonment, fractions of a naira shall be omitted.

Application of a 434. In any case where under the last preceding section a sum
sum received has been received in part satisfaction of a sum due from a
from prisoner
prisoner in consequence of the conviction of the court such
sum shall be applied
firstly, towards the payment in full or in part of any cost,
damages or compensation which the court may have
ordered to be paid to the complainant, victim or his next
of kin and, secondly, towards the payment of the fine, if
any, imposed on the prisoner.

Part payment 435. 1. Subject to the provisions of section 434 where an

after amount is paid towards a fine the procedure as hereunder
commitment
in this subsection set forth shall be followed –
(a) the imprisonment shall be reduced by a number of
days bearing as nearly as possible the same proportion to
the total number of days for which such person is
committed as the sum so paid towards the fine bears to
the amount of the fine for which such person is liable,
(b) the superintendent or other officer in charge of a
prison in which a person who has made such part
payment is confined shall as soon as practicable take such
person before a court and such court shall certify the
amount by which the term of imprisonment originally
awarded is reduced by such payment in part satisfaction
 143
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

and shall make such order as is required in the

circumstances;
Provided that where in the opinion of the
superintendent or other officer as aforesaid, the delay
occasioned by taking such person before a court shall
be such that the person will be detained beyond the
date upon which he should by reason of such part
payment be released, such superintendent or other
officer may release such person on the day which
appears to such superintendent or other officer to be
the correct day, endorse the warrant accordingly and
shall as soon as practicable thereafter inform the court
of the action taken and such court shall thereupon
make such order or record as the court shall consider
to be required in the circumstances.

2. In reckoning the number of days by which any term of

imprisonment would be reduced under this section, the
first day of imprisonment shall not be taken into account
and in reckoning the sum which will secure the reduction
of a term of imprisonment, fractions of a kobo shall be
omitted.

Fines may be 436. Where, under the authority of a written law, the court
ordered to be imposes a fine or a pecuniary penalty whether or not that
recoverable by
distress
fine or penalty is accompanied by a power to impose
imprisonment, and no special provision other than
recovery by distress is made for the recovery of the fine or
penalty, the court may:
(a) order the fine or penalty to be recoverable by
distress; and
(b) in default of the distress satisfying the amount of the
fine or penalty, order that the offender be
imprisoned, in accordance with the scale set out in section
422 of this Law.

Warrant of 437. Where the court orders a sum to be recoverable by distress

distress the court shall issue its warrant of distress for the purpose
of recovering the same, such warrant shall be in writing
and signed by the court, it shall authorize the person
charged with the execution thereof to take any money as
well as any goods of the person against whom distress is
levied and any money so taken shall be treated as if it were
the proceeds of sale of goods taken under the warrant.

Procedure on 438. In the execution of a distress warrant the following

the execution of provisions shall have effect:
distress
warrants
 144
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(a) a warrant of distress shall be executed by or under

the direction of the sheriff;
(b) if the person charged with the execution of the
warrant is prevented from executing the warrant by the
fastening of doors or otherwise, the court may, by writing
under his hand endorsed on the warrant, authorize him to
use such force as may be necessary to enable him to
execute the warrant;
(c) the wearing apparel and bedding of the person and
of his family to the value of twenty thousand naira, the
tools and implements of his trade, shall not be taken;
(d) except as provided in paragraph (e) of this
subsection and so far as the person on whose movable
property the distress is levied consents in writing to an
earlier sale, the goods distrained on shall be sold at
public auction not less than five days and not more than
fourteen days after the making of the distress, but where
consent in writing is so given, the sale may be in
accordance with the consent;
(e) subject to paragraph (d) of this section, the goods
distrained on shall be sold within the time fixed by the
warrant, unless the sum or charges, if any, of taking and
keeping the goods distrained on, for which the
warrant was issued are sooner paid;
(f) if a person charged with the execution of a warrant
of distress:
(i) Wilfully retains from the proceeds any
property sold to satisfy the distress, or
(ii) otherwise exacts any greater costs or charges
than those to which he is, for the time being, entitled by
law or makes any improper charge, he is liable, on
summary conviction before a court, to a penalty not
exceeding twenty thousand naira, but nothing in this
paragraph shall affect the liability of the person to be
prosecuted and punished for extortion; or for the return of
the sum of money or value of the item extorted, by the
person;
(g) a written account of the costs and charges incurred
in respect of the execution of a warrant of distress shall,
as soon as practicable, be delivered by the person
charged with the execution of the warrant to the court,
and the person on whose movable property the distress
was levied may, at any time within one month after the
making of the distress, inspect the account, without
payment of any fee or reward, at any time during office
hours, and to take a copy of the account;
 145
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(h) a person charged with the execution of a warrant of

distress shall sell the distress or cause the distress to be
sold, and may deduct out of the amount realized by the
sale all costs and charges actually incurred in effecting the
sale, and shall pay to the court or to some person specified
by him, the remainder of the amount, in order that:
(i) the amount may be applied in payment of the sum
for which the warrant was issued, and of the proper costs
and charges of the execution of the warrant, and
(ii) the surplus, if any, may be rendered to the
person on whose movable property the distress was levied.

Part payment 439. Where a part only of the amount ordered to be recovered
reduces period by distress is so recovered the period of imprisonment
of imprisonment
in proportion
ordered to be suffered in default of recovery of the amount
imposed shall be reduced accordingly and shall bear the
same proportion to the full period as the amount recovered
bears to the total amount ordered to be recovered, the
warrant of commitment shall be drawn up accordingly.

CHAPTER 32. – COSTS, COMPENSATION AND

DAMAGES
Power of court to 440. 1. A criminal court may, within the proceedings or while
order payment passing judgment, order that the defendant or convicted
of expenses or
compensation
person shall pay a sum of money:
(a) as compensation to any person injured by the
offence, irrespective of any other fine or other punishment
that may be imposed or that is imposed on the defendant
or convict, where substantial compensation is in the
opinion of the court recoverable by civil suit;
(b) in compensating a bona fide purchaser for value
without notice of the defect of the title in any property in
respect of which the offence was committed and has
been compelled to give it up;
(c) in defraying expenses incurred in medical treatment
of a person injured by the defendant 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 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.

3. Order for cost or compensation may be made under this

section irrespective of the fact that no fine has been
imposed on the defendant in the judgment
 146
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Payment to be 441. 1. At the time of awarding compensation in any

taken into subsequent civil suit relating to the same matter the court
consideration in
subsequent civil
shall take into consideration any sum paid or recovered as
suit compensation under this section.

2. The pendency of criminal proceedings shall not be a bar

to a civil action in respect of the same subject matter

Power of court to 442. A court after conviction may adjourn proceedings, to

order restitution consider and determine sentence appropriate for each
particular convict
(a) in addition to or in lieu of any other penalty
authorised by law, order the convict to make restitution or
pay compensation to any victim of the crime for
which the offender was convicted, or to the victim’s estate;
(b) order for the restitution or compensation for the loss
or destruction of the victim’s property and in so doing the
court may direct the convict:
(i) to return the property to the owner or to a
person designated by the owner,
(ii) if the return of the property is impossible or
impracticable, to pay an amount equal to the
value of the property, or
(iii) if the property to be returned is inadequate
or insufficient, to pay an amount equal to the
property calculated on the basis of what is
fair and just.

Cost against 443. 1. The court may, in a proceeding instituted by a private

private prosecutor or on a summons or complaint of a private
prosecutor
person, on acquittal of the defendant, order the private
prosecutor or person to pay to the defendant such
reasonable costs as the court may deem fit.
Order may not 2. No order as to costs as aforesaid may be made if the
be made under court considers that the private prosecutor had reasonable
certain
conditions grounds for making his complaint and the costs awarded
shall not exceed twenty thousand naira (N20,000.00) in
the case of an award by a judge or ten thousand naira
(N10,000.00) naira in the case of an award by a magistrate.

Costs may be 444. Costs may be awarded under this chapter and may be in
awarded addition to any compensation awarded and accepted
under section 446.

Meaning of 445. In this chapter “private prosecutor” does not include any
“private person prosecuting on behalf of the State, a public officer
prosecutor”
 147
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

prosecuting in his official capacity or a police officer

prosecuting in his official capacity.

Compensation 446. 1. Where a person causes the arrest, or arrest and

in case of false charge of any person or persons and it appears to
and vexatious
charge the Court that there was no sufficient ground for
causing the arrest, or that the accusation is false,
vexatious or frivolous, it may for reason recorded
order the person to pay reasonable compensation to
the person or persons arrested or arrested and
charged.
2. The Court may, in default of payment of such
compensation or any part of it, award a term of
imprisonment against the person against whom the
order was made, for any term not exceeding the term
prescribed in respect of a like sum in the scale of
imprisonment set out in this Law or the Court may
sentence the person to Community Service in
accordance with provisions of this Law.
3. Subject to the provisions of the Constitution relating
to appeals, a person against whom an order for
payment of compensation is made under this
section may appeal against the order as if he had
been convicted after trial by the Court that issued
the order.
4. If in any case before a court one or more persons is
or are accused of any offence and the court which
heard the case discharges or acquits any or all of the
defendants and the judge or magistrate presiding
over the court is of opinion that the accusation
against any or all of them was false and either
frivolous or vexatious the judge or magistrate may
for reasons to be recorded, direct that
compensation, to such an amount not exceeding
twenty thousand naira (N20,000.00) as he may
determine, be paid to the defendant or to each or any
of them by the person upon whose complaint the
defendant was or were charged.

Enforcement of 447. Any compensation ordered to be paid under this Law or

award of any other Law, relating to any criminal proceedings, may
compensation
be enforced as if it were a fine.
Warrant for levy 448. 1. Where a convict is ordered to pay a fine, or a person is
of fine ordered to pay compensation to another person under
section 440 of this Law, or a person is subject to recovery
of penalty for forfeiture of a bond under this law, the Court
 148
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

passing the sentence or making the order may,

notwithstanding that, in default of the payment of the fine
or compensation or penalty, the person may be
imprisoned, issue a warrant for the levy of the amount by
any means permitted by law, including:
(a) by the seizure and sale of any movable property
belonging to the person;
(b) by the attachment of any debts due to the person;
and
(c) by the attachment and sale of any immovable
property of the convict situated within the jurisdiction of
the court.
2. A warrant for seizure and sale of the movable property
of a person under this section shall be addressed to the
court within whose jurisdiction it is to be executed.
3. When execution of a warrant is to be enforced by
attachment of debts or sale of immovable property, the
warrant shall be sent for execution to any court competent
to execute orders for the payment of money in civil suits
and the court shall follow the procedure for the time being
in force for the execution of such orders.
Powers of court 449. 1. Where a convict has been ordered by Court to pay a fine
when convict is with or without a sentence of imprisonment in default of
sentenced to
fine only.
payment of the fine, the Court may issue a warrant may or
exercise all or any of the following powers:
(a) allow time for payment of the fine;
(b) direct that the fine be paid by installments;
(c) postpone the issue of a warrant;
(d) without postponing the issue of a warrant, 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 convict giving such security as the court may consider
fit, by means of a bond with or without sureties, in which
case, the bond may be conditioned either for the payment
of the fine in accordance with the order or for the
appearance of the convict as required in the bond or both.
3. The Court may also, in the exercise of the powers
referred to in subsection (1) of this section, order that the
execution of the sentence of imprisonment on a convict
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 convict giving security as specified in
subsection (2) of this section.
 149
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

4. If the fine or any installment of the fine 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 law 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.

Award of 450. 1. Where in a charge of an offence relating to property and

damages for the Court is of the opinion that the evidence is insufficient
wrongful
conversion or
to support the charge, but that it establishes wrongful
detention of conversion or detention of property, the Court may order
property that such property be restored and may also award
reasonable damages to the person entitled to the property.

2. The damages awarded under this section, shall be

recovered in like manner, as compensation or fine.
3. Any sum so awarded as compensation shall be specified
in the order of discharge or acquittal, as the case may be,
and the court may order that in default of payment within
such time as the court deems proper of any sum awarded
for compensation, the person making default be
imprisoned, with or without labour, for any term not
exceeding the term prescribed in respect of a like sum in
the scale of imprisonment set forth in section 422.

Saving of 451. The provisions of sections 440 to 446 shall be subject to

express any express provision made in any written law relating to
procedure for
awarding costs
the procedure to be followed in awarding costs or
and compensation in respect of conditions specified in such
compensation written law.
Order to pay 452. An appeal shall lie against any order awarding costs under
costs this chapter, if made by a magistrate to the High Court and
appealable
if made by a judge to the Court of Appeal.

Injured person 453. 1. The person to whom compensation is awarded may

may refuse to refuse to accept any such order for compensation but
accept
compensation: where any person receives compensation for an injury
payment of under the award of the court as above mentioned or where
compensation is the offender, having been ordered to make compensation,
bar to further suffers imprisonment for non payment thereof, the receipt
liability of such compensation, or the undergoing of such
imprisonment, as the case may be, shall be a bar to any
action for the same injury.
 150
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

2. Before making an order under subsection (1) the court

shall explain the full effect of that subsection to the person
to whom compensation would be payable.

CHAPTER 33.—DAMAGES IN CASES OF DISHONESTY

Wrongful 454. Where in a charge of stealing or receiving stolen property,
conversion or the court shall be of opinion that the evidence is
detention of insufficient to support that charge, but that it establishes
property – wrongful conversion or detention of property, the court
where evidence may order that such property be restored, and may also
insufficient to
award damages:
support charge
Provided that the value of such property and the
amount of damages awarded shall not together amount
in value to two hundred thousand naira.

CHAPTER 34. – PROBATION AND NON CUSTODIAL

ALTERNATIVES
Conditional 455. 1. Where a person is charged before a court with an offence
release of punishable by the court, and the court thinks that the
offenders
charge is proved but is of opinion that having regard to -
(a) the character, antecedents, age, health, or mental
condition, of the person charged;
(b) the trivial nature of the offence; or
(c) the extenuating circumstances under which the
offence was committed, it is inexpedient to inflict a
punishment or any other than a nominal punishment or
that it is expedient to release the offender on probation,
the court may, without proceeding to conviction, make an
order specified in subsection (2) of this section.
2. The court may make an order under subsection (1) of
this section-
(a) dismissing the charge; or
(b) discharging the offender conditionally on his
entering into a recognizance, with or without sureties, to
be of good behaviour and to appear at any time during
such period not exceeding three years as may be
specified in the order.
3. The court may, in addition to an order under subsection
(2) of this section, order -
(a) the offender to pay such damages for injury or
compensation for any loss suffered by a person by reason
of the conduct or omission of the offender, and to pay such
costs of the proceedings as the court thinks reasonable;
and
(b) if the offender has not attained the age of eighteen
years and it appears to the court that the parent or
guardian of the offender has condoned (conduced) the
commission of the offence, the parent or guardian of the
 151
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

offender to pay the damages and costs specified in

paragraph (a) of this section.

4. Where an order under this section is made, the order

shall-
(a) for the purpose of reinvesting or restoring stolen
property and of enabling the court to make orders as to
the restitution or delivery of property to the owner; and
(b) as to the payment of money upon or in connection
with such restitution or delivery
have the like effect as a conviction.

Compensation 456. The court may, in addition to any such order, order the
for loss or injury offender to pay such damages for injury or compensation
and costs may for loss suffered by any person or to pay such costs of the
be awarded proceedings as the court thinks reasonable and if the
offender has not attained the age of seventeen years and it
appears to the court that the parent or guardian of the
offender has conduced to the commission of the offence
the court may under and in accordance with the provisions
of Children and Young Persons Law after hearing such
parent or guardian, order payment of such damages and
costs by such parent or guardian.

Restitution of 457. Where an order under this section is made, the order shall,
stolen property for the purpose of reverting or restoring stolen property
and enabling the court to make orders as to the restitution
or delivery of property to the owner and as to the payment
of money in connection with such restitution or delivery,
have the like effect as a conviction.

Probation orders 458. A recognizance ordered to be entered into under this Part
and conditions shall, if the court so orders, contain a condition that the
of recognizance
offender be under the supervision of such person or
persons of same sex as the convicted person, called a
probation officer, as may, with the consent of the probation
officer, be named in the order during the period specified
in the order.
Content of 459. A recognizance under this chapter may contain such
recognizance additional conditions with respect to residence, abstention
from intoxicating liquor and any other matters as the court
may, having regard to the particular circumstances of the
case, consider necessary for preventing a repetition of the
same offence or the commission of other offences.

The court makes 460. The court by which a probation order is made shall furnish
a notice in to the offender a notice in writing stating in simple terms
writing
the conditions he is required to observe.
 152
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Relieving 461. The person named in a probation order may at any time
probation officer be relieved of his duties and in that case or in case of the
of his duties
death of the person so named, another person may by
consent be substituted by the court before which the
offender is bound by his recognizance to appear for
conviction or sentence.

Duties of 462. 1. A probation officer shall, subject to the directions of the

probation court-
officers
(a) if the person on probation is not actually with the
probation officer, visit or receive reports on the person
under supervision at such reasonable intervals as may be
specified in the probation order but not less than each
quarter or subject as the probation officer may think fit;
(b) see that he observes the conditions of his
recognizance;
(c) report to the court as to his behaviour; and
(d) advise, assist, and befriend him and when necessary
to endeavour to find him suitable employment.

2. The Chief Judge shall make regulations with respect to

the appointment of probation officers, including
designation of persons of good character as probation
officers from which list a court within the district or
division of the probation officer resides may make its
appointment.

Variation of 463. The court before which a person is bound by a

terms and recognizance under this Part to appear for conviction and
conditions of
probation
sentence or for sentence may-
(a) at any time if it appears to it on the application of
the probation officer that it is expedient that the terms
or conditions of the recognizance should be varied,
summon the person bound by the recognizance to appear
before it and if he fails to show cause why the variation
should not be made:
(i) vary the terms of the recognizance by
extending or diminishing the duration, which shall not
exceed three years from the date of the original order, or
(ii) alter the conditions or insert additional
conditions; or
(b) on application being made by the probation officer,
and on being satisfied that the conduct of the person
bound by the recognizance has been such as to make it
unnecessary that he be any longer under supervision,
discharge the recognizance.
 153
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Provisions in 464. If the court before which an offender is bound by his

case of offender recognizance under this chapter to appear for conviction
failing to
observe or sentence is satisfied by information on oath that the
conditions of offender has failed to observe any of the conditions of his
release recognizance, it may issue a warrant for his arrest or may
if it deems fit instead of issuing a warrant in the first
instance issue a summons to the offender and his sureties,
if any, requiring him or them to attend at such court and
at such time as may be specified in the summons.

Offender may 465. The offender when arrested shall if not brought forthwith
be brought before the court before which he is bound by his
before another
court
recognizance to appear for conviction or sentence be
brought before another court.

Bail or remand 466 The court before which an offender on arrest is brought or
before which he appears in pursuance of such summons
as aforesaid may if it is not the court before which he is
bound by his recognizance to appear for conviction or
sentence, remand him in custody or on bail until he can
be brought before the last mentioned court.

Committal to 467. An offender so remanded in custody may be committed

prison during during remand to any prison to which the court having
remand
power to convict or sentence him has power to commit
prisoners.
In the case of a child or young person he shall, if
remanded, be dealt with wherever practicable in
accordance with the provisions of the Children and Young
Persons Law.

Conviction of 468. A court before which a person is bound by his

original offence recognizance to appear for conviction and sentence on
being satisfied that he has failed to observe any conditions
of his recognizance may forthwith, without further proof of
his guilt, convict and sentence him for the original offence.

Suspended 469. 1. Notwithstanding the provision of any other legislation

sentence and creating an offence, and where the court sees reason, the
community
service
court may order that the sentence it imposed on the
convict be, with or without conditions, suspended, in
which case, the convict shall not be required to serve the
sentence in accordance with the conditions of the
suspension, if any.
2. The court may, with or without conditions, sentence the
offender to perform specified service in his community or
such community or place as the court may direct.
 154
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

3. The court, in exercising its power under subsection (1)

or (2) of this section shall have regard to the need to:
(a) reduce congestion in prisons;
(b) rehabilitate prisoners by making them to undertake
productive work; and
(c) prevent minor offenders mixing with hardened
criminals.
Provided that suspended sentence or community service
shall not apply in offences involving the use of violent
weapon or firearm.

Arrangements 470. 1. There shall be established by the Chief Judge in every

for community Judicial Division a Community Service Centre to be
service
headed by a Registrar who shall be legal practitioner and
shall be responsible for overseeing the execution of
Community Service Orders in that Division.
2. The Registrar shall be assisted by suitable personnel
who shall supervise the implementation of Community
Service Orders that may be handed down by the courts.
3. The functions of the Community Service Centre include:
(a) document and keeping detailed information about
offenders sentenced to Community Service including
the name of the offender, the sentence, the date of the
sentence, the nature, duration and location of the
Community Service, the physical address of the
offender, the physical measurement, photograph,
full fingerprint impressions and other means of
identification as may be appropriate;
(b) providing assistance to the court in arriving at
appropriate Community Service Order in each case;
(c) monitoring the operation of Community Service in
all its aspects;
(d) counselling offenders with a view to bringing about
their reformation;
(e) recommending to the court a review of the sentence
of offenders on Community Service who have shown
remorse;
(f) proposing to the Chief Judge measures for effective
operation of Community Service Orders;
(g) ensuring that supervising officers perform their
duties in accordance with the law; and
(h) performing such other functions as may be
necessary for the smooth administration of Community
Service Orders.

4. Where the court has made an order committing the

offender to render community service, the community
service shall be in the nature of:
 155
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(a) environmental sanitation, including cutting grasses,

washing drainages, cleaning the environment and
washing public toilets;
(b) assisting in the production of agricultural produce,
construction, or mining; and
(c) any other type of service which in the opinion of the
court would have a beneficial and reformative effect on the
character of the offender.
5. The Community Service sentence shall be performed as
close as possible to the place where the offender ordinarily
resides to ensure that the community can monitor his
movement.
6. Before passing a community service order, the court
shall consider the circumstances, character, antecedents
of the offender and other factors that may be brought to
its attention by the Registrar of the Community Service
Centre.
7. A person sentenced to community service shall not at
the same time be sentenced to a term of imprisonment for
the same offence, but may in default of performing his
community service diligently and to the satisfaction of the
court, be sentenced to a term of imprisonment for the
remaining part of his community service to which he is in
default or neglect.
8. Upon sentence to community service, an offender shall
be required to produce a guarantor who shall undertake
to produce the offender if the offender absconds from
community service.
9. The guarantor shall be a relation of the offender or any
other responsible person of adequate means or substance
who shall produce the offender when required by the
court, failing which the guarantor shall be liable to a fine
of one hundred thousand naira or more as the
circumstances of each case may require.
Performance of 471. 1. The Community Service Order shall be performed for a
Community period of not more than six months and the offender shall
Service Order
not work for more than five hours a day.

2. The offender shall be under the supervision of a

supervising officer or officers or Non-Governmental
Organizations as may be designated by the Community
Service Centre.

3. The Community Service Order shall contain such

directives as the court may consider necessary for the
supervision of the offender.
 156
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

4. The Registrar of the court making the Community

Service Order shall forward to the Registrar of the
Community Service Centre a copy of the Order together
with any other documents and information relating to the
case.

Default of 472. 1. If at any time during the community service period, the
offender in Registrar of the Community Service Centre informs the
complying with
Community
court of the default of the offender in complying with the
Service Order directives of the Community Service Order, the court may
issue a summons requiring the offender to appear before
it.
2. If the offender fails, refuses or neglects to appear in
obedience to the summons, the court may issue a warrant
of arrest.
3. If it is proved to the satisfaction of the court that the
offender has failed to comply with any of the requirements
of the Community Service Order, the court may:
(a) vary the Order to suit the circumstances of the case;
or
(b) impose on him a fine not exceeding one hundred
thousand naira or cancel the Order and sentence the
offender to any punishment which could have been
imposed in respect of the offence, but the period of
community service already performed may count in the
reduction of the sentence.

4. A supervising officer shall not employ the offender for

his or her personal benefit.
5. If a supervising officer employs the offender for his or
her personal benefit, the officer is liable to a fine of one
hundred thousand naira or more, or such other
punishment as the court considers fit.

Commission of 473. Where an offender has been ordered to undergo

further offence community service on conviction by an original court but
has committed another offence during the period of
community service, the following rules shall apply-
(a) the subsequent court may add to the sentence or
impose a term of imprisonment which might have been
passed by the original court and cancel the order of
community service;
(b) the subsequent court may take into account the
period of Community Service served in reduction of the
term of imprisonment;
(c) where the original court is a High Court and the
subsequent court is a subordinate court, the subordinate
court shall send the copy of the proceedings to the High
 157
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Court and on receipt of the proceedings from the

subordinate court, the High Court shall proceed under
paragraphs (a) and (b) of this section; and
(d) where the original court is a subordinate court and
the subsequent court is a High Court dealing with the
matter at first instance or on appeal, the High Court
shall proceed under paragraphs (a) and (b) of this section.

Amendment and 474. 1. An offender undergoing community service who

review of intends to change his or her place of residence shall
Community
Service Orders inform the supervising officer of his intention to do
so.
2. On receipt of the information, the supervising officer
shall furnish the Registrar of the Community Service
Centre with the information giving the details of the
case.
3. On application by the Registrar of the Community
Service Centre, the court shall make appropriate
amendment in the Community Service Order and
inform the court having jurisdiction for the area
where the offender intends to reside.
4. (4) The court shall give the offender a copy of the
amended Community Service Order which the
offender shall present to the subsequent
Community Service Centre.

Discharge of 475. 1. Where an offender has been ordered to undergo

Community community service for a period of more than four
Service Order
months, the supervising officer shall, from time to
time, give a report to the Registrar on the offender’s
performance and general conduct.
2. The supervising court based on the report made by
the Registrar, may reduce the period of the
community service specified in the Community
Service Order by not more than one third where the
offender is of good conduct.
3. The Registrar shall make a report to the supervising
court on the termination of a Community Service
Order.
4. The supervising officer who is to be responsible for
the supervision of an offender shall be the officer
designated by the Registrar of the Community
Service Centre and if that supervising officer dies or
is unable for any reason to carry out his duties,
another supervising officer shall be appointed by the
Registrar of the Community Service Centre.
5. Where the offender is a female, the supervising
officer shall be a female.
 158
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Confinement in 476. 1. A person convicted of an offence triable summarily

rehabilitation may be sentenced and ordered to serve the sentence
and correction
centre.
at a Rehabilitation and Correctional Centre in lieu of
imprisonment.
2. A court in making an order of confinement at a
Rehabilitation and Correctional Centre shall have
regard to the following: the age of the person
convicted; the fact that the person convicted is a first
offender; and any other relevant circumstances
necessitating an order of confinement at a
Rehabilitation and Correctional Centre.
3. A court may make an order directing that a child
standing criminal trial be remanded at
Rehabilitation and Correctional Centre.
4. A person on probation shall not move away from
jurisdiction of Enugu state or such locality as the
court may order without the order of court until the
period of his probation is expired’

CHAPTER 35 - PAROLE
Court may direct 477. 1. Where upon the Comptroller General of Prisons makes
release of a report to the court recommending that a person:
prisoner before
completion of (a) sentenced and serving his sentence in prison is of
sentence good behaviour; and
(b) has served at least one third of his prison term, if he
is sentenced to imprisonment for a term of at least
fifteen years or if he is sentenced to life imprisonment, the
court may, after hearing the prosecution and the prisoner
or his legal representative, order that the remaining term
of his imprisonment be suspended, with or without
conditions, as the court considers fit, and the prisoner
shall be released from prison on the order.
2. A prisoner released under subsection (1) of this section
shall undergo a rehabilitation programme in a
Government facility or any other appropriate facility to
enable him to be properly reintegrated to the society.
3. The Comptroller-General of Prisons shall make
adequate arrangement, including budgetary provision, for
the facility.

CHAPTER 36.—WHIPPING
To be whipped 478. No juvenile offender shall be sentenced to be whipped more
once only. than once for the same offence.

Persons who are 479. Notwithstanding the provisions of any written law, no
not to be sentence of whipping shall be passed on any female or on
sentenced to any male other than a juvenile offender.
whipping.
 159
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Whipping with a 480. Whipping shall be with a light cane or birch or whip, and
light rod and not the number of strokes shall be specified in the sentence
more than and shall not exceed twelve. A whip means a whip of a
twelve strokes. pattern approved by the Commissioner for Justice.

Whipping of 481. Where a juvenile offender is convicted of one or more

juvenile offences at
offender. one trial the total number of strokes awarded shall not
exceed twelve.
Infliction of 482. In the case of a sentence or order involving corporal
sentences of punishment such punishment shall be carried out at
corporal such place as the court may direct and as soon as
punishment practicable unless the juvenile offender convicted gives
notice of appeal or of his intention to apply for leave to
appeal, as the case may be, in which case such
punishment shall not be carried out until the
determination of the appeal, or in case where application,
and pending the determination of the application to
appeal or the appeal, as the case may be, the accused
shall be kept in custody or may be released on bail as the
court may order.

Where court 483. Where a sentence or order of corporal punishment has

may order the upon appeal been confirmed or varied the sentence or
arrest of order of corporal punishment as confirmed or varied, as
juvenile the case may be, shall be carried out as soon as practicable
offender. thereafter and if the juvenile offender upon whom the
sentence or order is to be carried out is on bail and does
not surrender to his bail, or if not in custody does not
voluntarily surrender himself, the court which convicted
such person may issue a warrant to arrest the said
juvenile offender who shall thereupon be apprehended and
the sentence or order of corporal punishment shall
thereafter be carried out as soon as practicable.
 160
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Order for 484. CHAPTER 37.—SEIZURE, RESTITUTION,

disposal of FORFEITURE AND DISPOSITION OF PROPERTY
property
regarding which 1. Either before a charge is preferred or during or at
offence the conclusion of any trial, the court may make such
committed order as it thinks fit for the disposal whether by way
of forfeiture, confiscation, delivery to any person or
otherwise of any movable or immovable property
produced before it regarding which any offence
appears to have been committed or which has been
used for the commission of any offence in the case
of any movable property, the production of title
document, deed, certificate of occupancy or receipt
of purchase of such property shall be deemed as
production of the property itself before the court for
the purposes of this section.
2. Where the court orders the forfeiture or confiscation
of any property as provided in subsection (1) but
does not make an order for its destruction or for its
delivery to any person, the court may direct that the
property shall be kept or sold and the same if sold,
the proceeds thereof shall be held as it directs until
some person establishes to the court’s satisfaction a
right thereto. If no person establishes such a right
within six months from the date of forfeiture or
confiscation of such property, the proceeds thereof
shall be paid into and form part of the general
revenue.
3. The power conferred by subsection (1) and (2) upon
the court shall include the power to make an order
for the forfeiture or confiscation or for the
destruction or for the delivery to any person of such
property, but shall be exercised subject to any
special provisions regarding forfeiture, confiscation,
destruction, detention or delivery contained in the
written law under which the conviction was had or
in any other written law applicable to the case.
4. When an order is made under this section in a case
in which an appeal lies such 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 such appeal is entered until
the disposal of such appeal.
5. In this section, the term “property” includes, in the
case of property regarding which an offence appears
to have been committed, not only such property as
has been originally in the possession or under the
control of any party, but also any property into or
for which the same has been converted or exchanged
 161
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

and anything acquired by such conversion or

exchange, whether immediately or otherwise.

Seizure of things 485. The court may order the seizure of any instruments,
intended to be materials or things which there is reason to believe are
used in
commission of
provided or prepared, or being prepared with a view to the
offence commission of any offence triable by the court and may
direct the same to be forfeited, confiscated, held or
otherwise dealt with in the same manner as property
under section 484.

Destruction of 486. On a conviction for an offence relating to seditious or

seditious, obscene publication, the court may order the confiscation
prohibited or
obscene and destruction of all the copies of the publication or thing
publications and in respect of which the conviction was had and which are
of obscene in the custody of the court and also all those which remain
objects in the possession or power of the person convicted.

Unfit or 487. The court may on a conviction for an offence relating to

adulterated food adulterated or unfit food, drink or drug, order the food,
drink or drug in respect of which conviction was had and
also all other unfit or adulterated food, drink or drug which
remain in the possession or power of the person convicted
to be destroyed.

Search warrant 488. Where a magistrate is satisfied by information on oath that

may be used to there is reasonable ground for believing that there is in the
search for
things subject to State in any building, ship, carriage, receptacle or place
sections 485 anything in respect of which an order may be made under
and 487. sections 485 and 487 such magistrate may issue a search
warrant to search for any such thing and if such thing be
found the same shall be brought before any court and
dealt with as the court may think proper.

Restoration of 489. 1. Whenever a person is convicted of an offence attended

possession of by criminal force and it appears to the court that by such
immovable
property force any person has been dispossessed of any immovable
property, the court may, if it thinks fit, order the
possession of the same to be restored to such person.

Effect of the 2. No order under subsection (1) shall prejudice any right
order or interest to or in such immovable property which any
person, including the person convicted, may be able to
establish in a civil suit.
 162
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Payment to 490. When any person is convicted of any offence which

innocent person includes or amounts to stealing or receiving stolen
of money found
on defendant property and it is proved that any other person has bought
the stolen property from him without knowing or having
reason to believe that the same was stolen, and that the
money has on the arrest of the convicted person been
taken out of his possession, the court may, on the
application of such purchaser and on the restitution of the
stolen property to the person entitled to the possession
thereof, order that out of such money a sum not exceeding
the price paid by such purchaser shall be delivered to him.

Restitution and 491. Where upon the arrest of a person charged with an offence,
disposition of any property, other than that used in the commission of
property found
on person
the offence, is taken from him, the court before which he
arrested is charged may order that the property or a part thereof be
–
(a) restored to the person who appears to the court to
be entitled thereto, and, if he be the person charged, that
it be restored either to him or to such other person as
he may direct; or
(b) applied to the payment of any costs or compensation
directed to be paid by the person charged.

Restitution of 492. 1. Where any person is convicted of having stolen or having

property stolen received stolen property, the court convicting him may
order that such property or a part thereof be restored to
the person who appears to it to be the owner thereof, either
on payment or without payment by the owner to the
person in whose possession such property or a part thereof
then is, of any sum named in such order.

Exceptions to 2. An order made under subsection (1) shall not apply to –

restitution order (a) any valuable security which has been bona fide paid
or discharged by any person liable to pay or discharge the
same; or
(b) any negotiable instrument which have been bona
fide received by transfer or delivery by any person for a
just and valuable consideration without notice or without
any reasonable cause to suspect that it has been stolen.

Destruction of 493. Where any person is charged with an offence relating to

articles relating counterfeit note or coin and in that person’s possession,
to counterfeiting
where charge is
actual or constructive, was found any counterfeit note or
laid coin or any matter or thing intended to be used for the
purpose of making counterfeit notes or coins then,
 163
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

whether such charge proceeds to conviction or not, such

note or coin or matter or thing shall not be returned to the
person charged or the person from whom the same was
taken but shall be destroyed in such manner as the court
may order.

Destruction of 494. Where any person comes into possession of any note or
articles relating coin which he believes to be counterfeit or of any matter or
to counterfeiting
where no charge
thing which in his opinion is to be used for the purpose of
is laid making counterfeit notes or coins, he may hand such note,
coin, matter or thing to any administrative officer, officer
of the Central Bank of Nigeria or any bank or to any police
officer not below the rank of an inspector, and such
administrative officer, officer of the Central Bank of Nigeria
or police officer if satisfied that such note or coin –
(a) is not counterfeit, or that any of such articles are not
intended to be used for the purpose of making counterfeit
notes or coins, shall return the note, coin or such articles,
as the case may be, to the person purporting to be the
owner thereof, if known; and
(b) is counterfeit or such matter or thing is intended to
be used for the purpose of making counterfeit notes or
coins and if no charge is to be preferred against any person
in connection with any such note, coin, matter or thing,
may destroy or cause to be destroyed such note, coin,
matter or thing in such manner and by such person as
may be approved by the Central Bank of Nigeria or
Commissioner for Finance:
Provided that notice shall have been given to the person
who appears to be the owner of such note, coin, matter
or thing, if such person is known and can easily be
found, that such note, coin, matter or thing will be
destroyed at the end of a specified number of days
unless such owner shows that the note or coin is not
counterfeit or that the matter or thing shall have no
claim against any such administrative officer, officer of
the Central Bank of Nigeria, police officer or the
Government in respect of any such note, coin, matter
or thing so destroyed.

Mode of dealing 495. Subject to the express provisions of any written law
with forfeiture relating thereto every article, not pecuniary, fortified in
not pecuniary
respect of a summary conviction offence or the seizure,
forfeiture or disposition of which may be enforced by the
court may be sold or disposed of in such manner as the
court may direct, and the proceeds of such sale shall be
 164
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

applied in the like manner as if the proceeds were a penalty

imposed under the written law on which the proceeding for
the forfeiture is founded.

CHAPTER 38 – DETENTION DURING THE

GOVERNOR’S PLEASURE
Conditions 496. When any person is ordered to be detained during the
attached to Governor’s pleasure he shall notwithstanding anything in
detention during
pleasure
this Law or in any other written law contained be liable to
be detained in such place and under such conditions as
the Governor may direct and whilst so detained shall be
deemed to be in legal custody.

Discharge of 497. 1. A person detained during the Governor’s pleasure may

detainee by at any time be discharged by the Governor on license.
license

Form of license 2. A license under subsection (1) may be in such form and
may contain such conditions as the Governor may direct.

Revocation of 3. A license under this section may at any time be revoked

license or varied by the Governor and where a license has been
revoked the person to whom the license relates shall
proceed to such place as the Governor may direct and if he
fails to do so, may be arrested without warrant and taken
to such place.

CHAPTER 39 - DETENTION IN A SAFE CUSTODY OR

SUITABLE PLACE OTHER THAN PRISON OR MENTAL
HEALTH ASYLUM
Conditions 498. 1. When a person is ordered to be detained in a safe
attached to custody or suitable place other than prison or
detention in a
safe custody or
mental health asylum, he is notwithstanding
suitable place anything in this Law or in any other written law,
other than liable to be detained in a prison or asylum or such
prison or mental other place as provided under this Law or any law
asylum as the Attorney-General may direct and whilst so
detained shall be deemed to be in legal custody.
2. A person detained in a safe custody or suitable place
other than prison or mental health asylum may at
any time be discharged by the Attorney-General on
licence.
3. The Attorney-General may at any time revoke or vary
a licence and where a licence has been revoked, the
person to whom the license relates shall proceed to
such place as the Attorney-General may direct and
if he fails to do so may be arrested without warrant
and taken to the place.
 165
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

CHAPTER 40. – PERSONS OF UNSOUND MIND

Interpretation 499. For the purposes of this chapter unless the context
otherwise requires –
“asylum” includes a lunatic asylum, a mental home or
other hospital, a prison and any other suitable place of
safe custody for medical observation;
“medical officer” means the medical officer attached to any
asylum or any medical officer from whom a court requires
an opinion.

Procedure when 500. 1. When a judge or magistrate has reason to suspect that
defendant is the defendant is of unsound mind and consequently
suspected to be
of unsound incapable of making his defence, the judge or magistrate
mind shall in the first instance investigate the fact of such
unsoundness of mind.
Procedure for 2. The investigation may be held in the absence of the
investigation in defendant if the court is satisfied that owing to the state of
the absence of
the defendant
the defendant’s mind it would be in the interests of the
safety of the defendant or of other persons or in the
interests of public decency that he should be absent, and
the court may receive as evidence a certificate in writing
signed by a medical officer to the effect that such
defendant is in his opinion of unsound mind and incapable
of making his defence or is a proper person to be detained
for observation in an asylum, or the court may if it sees fit,
take oral evidence from a medical officer on the state of
mind of such defendant.

Defendant is 3. If the judge or magistrate is not satisfied that such

detained for person is capable of making his defence, the court shall
observation if
the court is not
postpone the trial and shall remand such person for a
satisfied period not exceeding one month to be detained for
observation in an asylum.

The medical 4. The medical officer shall keep such person under
officer shall observation during the period of his remand and before
certify his
finding the expiration of such period shall certify under his hand
to the court his opinion as to the state of mind of such
person, and if he is unable within the period to form any
definite conclusion, shall so certify to the court and shall
ask for a further remand. Such further remand may
extend to a period of two months.

Application for 501. Any court before which a person suspected to be of

medical unsound mind is accused of any offence may, on the
examination of
defendant
application of a law officer or defendant’s legal
 166
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

practitioner made at any stage of the proceedings prior to

the trial, order that such person be sent to an asylum for
observation.

Detention of the 502. 1. The medical officer may, notwithstanding any other
defendant by provision of law detain any such defendant for such
medical officer
for observation period, not exceeding one month or such period as the
judge or magistrate may allow, as may be necessary to
enable him to form an opinion as to the state of mind of
such person, and shall forward a copy of his opinion in
writing to the court.
Certificate of 2. If such medical officer shall certify that the defendant is
medical officer of sound mind and capable of making his defence, the
court shall, unless satisfied by the defence that the
defendant is of unsound mind, proceed with the trial.

Court may 3. If such medical officer shall certify that such person is
postpone trial of unsound mind and incapable of making his defence, the
under certain
circumstances
judge or magistrate shall, if satisfied of the fact, find
accordingly, and postpone the trial.

The evidence 4. The trial of the issue as to whether or not the defendant
proving is of unsound mind and incapable of making his defence
soundness of
mind is deemed
shall, if the finding is that he is of sound mind and capable
a part of trial of making his defence, be deemed to be part of his trial
before the court.
Evidence of 5. The certificate of the medical officer shall be receivable
medical as evidence under this section.
certificate

Defendant may 503. If the defendant is certified to be of unsound mind and

not attend court incapable of making his defence it shall not be necessary
for him to be present in court during proceedings under
this chapter.

Release of 504. Whenever a defendant is found to be of unsound mind and

person of incapable of making his defence, the court, if the offence
unsound mind
pending
charged is bailable by the court, may, in its discretion,
investigation or release him on sufficient security being given that he shall
trial be properly taken care of and shall be prevented from
doing injury to himself or to any other person, and of his
appearance when required before the court or such officer
as the court appoints in that behalf.

Magistrate 505. If such a defendant is before a magistrate charged with an

informs the offence which is bailable by a judge but not by a magistrate
defendant of his
or if the offence is bailable by a magistrate but the
 167
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

right to apply to magistrate refuses to grant bail, such magistrate shall

a judge for bail inform the defendant of his right to apply to a judge for
bail.

Procedure when 506. 1. If the offence charged is not bailable by the Magistrate’s
offence is not Court or if a judge has refused bail under section 505 or
bailable after an application made under section 505 or if sufficient
security is not given or if no application is made for bail
the judge shall report the case to the Commissioner of
Justice who after consideration of the report may, in his
discretion, order the defendant to be confined in an
asylum or other suitable place of safe custody and the
judge shall give effect to such order.
2. Pending the order of the Commissioner of Justice the
defendant may be committed to prison or other suitable
place of safe custody for safe custody.

Resumption of 507. Whenever a trial is postponed under subsection (3) of

trial section 500 the court may continue with the trial or
commence the trial de novo depending on the
circumstances of the case and require the defendant to
appear or be brought before such court.

Resumption of 508. When the defendant has been released under section 504
proceedings the court may at any time require the defendant to appear
or be brought before it and may again proceed under
section 500.

Judgment of 509. Whenever any person is acquitted upon the ground that at
acquittal on the time at which he is alleged to have committed an
ground of
mental disorder
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 510. 1. Whenever the finding states that the defendant
person acquitted committed the act alleged, the court before which the trial
has been held shall, if such act would but for incapacity
found have constituted an offence, order such person to
be kept in safe custody in such place and manner as the
court thinks fit and shall report the case for the order of
the Attorney-General.
2. The Attorney-General may order such person to be
confined in an asylum, prison or other suitable place of
safe custody.

Observation of 511. When any person is confined under section 506 or section
prisoners of 510 the medical officer of the prison if such person is
unsound mind
 168
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

confined in a prison, or the medical officer attached to the

asylum if he is confined in any asylum, shall keep him
under observation in order to ascertain his state of mind
and such medical officer shall make a special report for
the information of the Attorney-General as to the state of
mind of such person at such time or times as the Attorney-
General shall require.

Procedure when 512. If the medical officer of a prison or the medical officer
person of attached to an asylum in which a person is confined under
unsound mind
is reported fit for section 506 or section 510 shall certify that such person
discharge in his judgment may be discharged without danger of his
doing injury to himself or to any other person, the
Attorney-General may thereupon order him to be
discharged or to be detained in custody or prison or to be
transferred to an asylum if he has not already been sent
to such an asylum, and in case he orders him to be
transferred to an asylum may require the Director of
Medical Services of the State to appoint two medical
officers to report on the state of mind of such person and
upon any other facts the Attorney-General may require
and on receipt of such report the Attorney-General may
order his discharge or detention as he thinks fit.

Transfer from 513. Where a person is confined in prison or any asylum, the
one place of Attorney-General may direct his transfer from one prison
custody to
another. or asylum to any other prison or asylum as often as may
be necessary.

Delivery of 514. 1. Whenever any relative or friend of any person confined

person of under sections 506 or 510 desires that such person shall
unsound mind
to care of be delivered over to his care and custody, the Attorney-
relative. General upon the application of such relative or friend and
on his giving security to the satisfaction of the Attorney-
General that the person delivered shall be properly taken
care of and shall be prevented from doing injury to himself
or to any other person, may in his discretion order such
person to be delivered to such relative or friend.
Provided that if such person is confined under the
provisions of section 506, the Attorney-General may
further require such relative or friend to give security to
the satisfaction of the Attorney-General that if at any
time it shall appear to the Attorney-General that such
person is capable of making his defence, such relative
or friend shall produce such person for trial.
2. Whenever such person is so delivered to the care and
custody of any person, it shall be upon condition that he
 169
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

shall be produced for the inspection of such officer and at

such times as the Attorney-General directs.
3. Sections 511 and 512 shall mutatis mutandis apply to
persons delivered to the care and custody of persons under
this section.

Removal to 515. Whenever it shall be necessary to remove a prisoner to a

another state. prison or asylum under the provisions of sections 500 to
513, an order for such removal given under the provisions
of the said Sections shall be sufficient authority for such
removal and the detention of such prisoner
notwithstanding that such prison or asylum is situate in
another State in Nigeria.

CHAPTER 41. – TRIAL OF CORPORATION

Application of 516. The provisions of this chapter shall apply to all trials held
this chapter under this Law and where there is a conflict between the
provisions of this chapter and any other provisions of this
Law, the provisions of this chapter shall prevail.

Interpretation 517. 1. In this chapter “representative” in relation to a

corporation means a person duly appointed by the
corporation to represent it for the purpose of doing any act
or thing which the representative of a corporation is by this
chapter authorized to do, but a person so appointed shall
not, by virtue only of being so appointed, be qualified to
act on behalf of the corporation before any court for any
other purpose.
2. A 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 any person (by
whatever name called) 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 prima facie evidence that the person has
been so appointed.

Plea by 518. Where a corporation is called upon to plead to any charge

corporation or information it may enter in writing by its representative
a plea of guilty or not guilty or any such plea as may be
permitted under this Law, and if either the corporation
does not appear by a representative or, though it does so
appear, fails to enter as aforesaid any plea, the court shall
order a plea of not guilty to be entered and the trial shall
 170
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

proceed as though the corporation had duly entered a plea

of not guilty.

Information 519. An information may be preferred against a corporation

against a after the preparation of the proofs of evidence relating to
corporation
the charge.

Joinder of 520. An information under section 519 may include, either in

counts in same substitution for or in addition to counts charging the
information
offence for which proof of evidence have been prepared
counts which may be lawfully joined in the same
information and are founded on facts or evidence disclosed
in the proofs of evidence.

Power of 521. A representative may on behalf of a corporation-

representative (a) state whether the corporation is ready to be tried on
a charge or information or altered charge or information to
which the corporation has been called on to plead under
the provisions of subsection (1) of section 314;
(b) consent to the hearing and determination of a
complaint before the return date of a summons in
accordance with section 123;
(c) express assent to the trial of the corporation on
information, not withstanding that a copy of the
information and notice of trial have not been served on the
corporation three days or more before the date on
which the corporation is to be tried.

Matters to be 522. Where a representative appears, any requirement of this

read or said or Law that anything shall be done in the presence of the
explained to
representative
defendant, or shall be read or said or explained to the
defendant, 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 523. Where a representative does not appear, any such
of requirement as is referred to in section 518 of the law shall
representative
not apply.

Saving 524. Subject to the preceding provisions of this chapter, the

provisions of this Law relating to the inquiry into and trial
of offences shall apply to a corporation as they apply to an
adult.

Joint charge 525. A corporation may be charged jointly and tried with an
against individual for any offence.
 171
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

corporation and
individual
CHAPTER 42. – PREVIOUS ACQUITTAL OR
CONVICTION
Interpretation 526. In this chapter “offence” includes an offence against the
law of any other State in Nigeria.

Person once 527. 1. Without prejudice to section 321, a person charged with
convicted or an offence shall not be liable to be tried for that offence if
acquitted not to
be retried for
it is shown that he has previously been convicted or
same or related acquitted –
offence (a) of the same offence by a competent court;
(b) by a competent court on a charge on which he might
have been convicted of the offence charged; or
(c) by a competent court of an offence other than the
offence charged, being an offence for which, apart from
this Section, he might be convicted by virtue of being
charged with the offence charged.
2. Nothing in subsection (1) of this Section shall prejudice
the operation of any Law giving power to any court, on an
appeal, to set aside a verdict or finding of any other court
and order a re-trial.

May be tried 528. A person acquitted or convicted of any offence may

again on afterwards be tried for any distinct offence for which a
separate charge
in certain cases
separate charge might have been made against him on the
previous trial.

Consequences 529. A person acquitted or convicted of any offence constituted

supervening or by any act or omission causing consequences which
not known at
previous trial
together with such act or omission constitute a different
offence from that for which he was acquitted or convicted
may afterwards be tried for such last mentioned offence if
the consequences had not happened or where not known
to the court to have happened at the time when he was
acquitted or convicted when such consequences create the
offence of murder or manslaughter.

Where court at 530. A person acquitted or convicted of any offence constituted

first trial was by any act or omission may notwithstanding such
not competent
acquittal or conviction, be subsequently charged with and
tried for the same or any other offence constituted by the
same acts or omissions if the court by which he was first
tried was not competent to try the offence with which he
was first charged.
 172
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Dismissal of 531. The dismissal of a complaint or the discharge of the

charge defendant is not an acquittal for the purposes of sections
527to 530.

CHAPTER 43. – INQUIRIES BY DIRECTION OF

ATTORNEY-GENERAL
Inquiries by 532. Where a sworn information is made before any magistrate
direction of that an offence against a Law of Enugu State has been
Attorney-
General
committed, the Attorney-General may, whether or not
any known person be charged with the commission of the
offence, direct any magistrate to hold an inquiry under
this chapter and may, if he thinks fit, direct that such
inquiry be held in camera.

Conduct of 533. The officer so directed shall then examine on oath

inquiry concerning such offence any person whom he has reason
to believe to be able to give material evidence concerning
it, other than a person confessing himself to be the
offender, and shall take the deposition of such witness
and, if he sees cause, bind such witness by his own
recognizance to appear and give evidence at any place
where, and at any time when, he may be called upon to do
so.

Report 534. At the conclusion of an inquiry under this chapter the said
magistrate shall forward to the Attorney-General the
original depositions and recognizances of the witnesses
together with his report upon the proceedings, and shall
state in such report his opinion as to the persons
implicated in the commission of such offence.

Procedure 535. The provisions contained in this Law relating to

summoning witnesses, and to compelling their attendance
and to their examination on oath, and to binding them over
to give evidence, shall apply for the purposes of an inquiry
under this chapter.

Person charged 536. If a person is put upon his trial for an offence respecting
entitled to copy which an inquiry under this chapter has been held, he
of deposition
shall, if he so requests, be supplied free of charge with an
authenticated copy of all depositions taken at such
inquiry.

Statements of 537. A witness examined at such inquiry shall not be excused

witnesses from answering any question on the ground that the
privileged
answer thereto may incriminate or tend to incriminate him
but any confession or answer by a person to a question
put at such examination shall not, except in the case of
 173
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

any criminal proceeding for perjury committed at or after

the holding of such inquiry, be in any proceeding
admissible in evidence against him.

CHAPTER 44 - THE JUSTICE SECTOR REFORM TEAM

Establishment 538. 1. There is hereby established a body to be known as the
of the Enugu Enugu State Justice Reform Team (in this Law referred to
State Justice
Reform Team
as “the ESJRT”).

Repeal of Cap --- 2. The Criminal Justice Committee Law of Enugu State is
Laws of Enugu hereby repealed
State

3. The ESJRT shall consist of-

(a) the Chief Judge of Enugu State, who shall be the
chairman;
(b) the President Customary Court of Appeal;
(c) the Attorney General;
(d) the Commissioner of Police;
(e) the Controller of Prisons;
(f) a respected private legal practitioner or justice sector
expert from academia;
(g) a High Court Judge;
(h) a Judge of the Customary Court of Appeal;
(i) the Chief Registrar of the High Court;
(j) the Chief Registrar of the Customary Court of Appeal;
(k) the Director of Public Prosecutions;
(l) the Administrative Chief Magistrate, Enugu
Magisterial District;
(m) a Representative of the State House of Assembly;
(n) a Chairman of any NBA branch in Enugu State to be
elected from among the Chairmen of the branches;
(o) two representatives of civil society organisations based
in the State;
(p) a representative of the Ministry for Chieftaincy Affairs;
(q) a Representative of the State Traditional Rulers’
Council;
(r) the Zonal Director of the Legal Aid Council;
(s) the Zonal Director of the National Human Rights
Commission;
(t) a representative of Ministry of Gender Affairs;
(u) a representative of the National Council of Women
Society;
 174
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(v) the Director, Citizens Rights and Mediation Centre;

and
(w) the Officer in Charge Community Policing Enugu
State.

4. The Attorney General shall appoint persons mentioned

in subsection (3)(f) and (o) of this section

5. Members of the Team shall hold office for four years

renewable only once, and shall be paid such allowances as
may be determined by the Attorney-General.

Functions of the 539. 1. Subject any other provision of this Law, the team shall
Team perform the following functions:
(a) monitor delivery of justice;
(b) identify issues that prevent effective, fair and efficient
criminal justice delivery in the State;
(c) initiate reforms and help identify reform options;
(d) influence service delivery organisations to provide
improved services;
(e) monitor implementation of projects and other
initiatives;
(f) co-ordinate through cross-organizational relationship
and building within the team;
(g) identify the problems that militate against speedy,
efficient and equitable administration of justice in the
State;
(h) offer relevant and practicable suggestions for reform to
the appropriate authorities;
(i) promote and facilitate stakeholders’ interactions in the
justice sector;
(j) facilitate the increased use of alternative dispute
resolution methods;
(k) facilitate human rights observance in the
administration of justice;
(l) act as an effective link between stakeholders including
the donor community and the State Government in the
reform of the justice sector;
(m) encourage effective and responsible policing by
adoption of international policing best practices in
the State;
 175
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

(n) encourage the adoption of international minimum

standards for treatment of offenders and prisoners
in the State; and
(o) encourage processes for ensuring public safety and
security.
2. The Team shall adopt a Charter to regulate the
carrying out of its functions.

Further 3. Without prejudice to the generality of subsection (1) of

functions of the this section, the Team shall ensure that-
team
(a) the provisions of this Law are effectively and
efficiently implemented in the State;
(b) congestion of criminal cases in courts is drastically
reduced;
(c) congestion in prisons is reduced to the barest
minimum;
(d) the relationship between the organs charged with
the responsibility for all aspects of the administration of
justice is cordial and there exists maximum co-
operation amongst the organs in the administration of
justice in the State;
(e) it collates, analyzes and publishes annually
information in relation to the administration of criminal
justice sector in the State; and
(f) it carries out such other activities as are conducive
to the effective and smooth administration of criminal
justice.

Secretariat of 540. 1. The team shall establish and maintain a secretariat

the Team with such number of staff as it considers necessary
for the efficient running of its affairs;
2. The Secretariat shall be headed by the Secretary
who shall be appointed by the Attorney-General on
the recommendation of the Committee.
3. The Secretary shall be a legal practitioner of not less
than five years post call experience and shall
possess sound knowledge of the practical
functioning of the criminal justice system and
adequate experience in justice system
administration.
4. Subject to provision of any other Law in this regard,
the Secretary shall hold office on such terms as to
emoluments and otherwise as may be specified in
his letter of appointment.
5. The Secretary shall be responsible for the execution
of the policy of the team and the day to day running
of the affairs of the team
 176
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

541. 1. There shall be the following officers of the Team who

Officers of the
Team
shall be elected from among its members for three years
tenure renewable only once, namely-
(a) The Team facilitator
(b) The Deputy Team facilitator
(c) Secretary
(d) Publicity Secretary/PRO
Duties of the 2. The officers mentioned in subsection (1) of this section
officers of the
team
shall have the following functions:
(a) The facilitator shall:
(i) to preside over all meetings of the ESJRT and
facilitate meetings of the Management Committee
(ii) to coordinate the activities of the members of
the Team in the discharge of their duties, and
(iii) to approve expenditure for the running of the
Team’s secretariat
(b) The Deputy facilitator shall, in the absence of the
facilitator perform all the functions in subsection (2) (a)
of this section.
(c) The Secretary shall on the advice of the facilitator:
(i) be in charge of the day to day running of the
Team secretariat, including managing the Registry
(ii) manage the financial affairs of the team and
ensure that relevant financial record and reports are
prepared
(iv) circulate notices and minutes of meetings to
members
(iv) record proceedings during meetings of the
Team
(v) perform or cause to be performed all other
such functions as the facilitator may from
time to time assign to him.
(d) The Publicity Secretary shall:
(i) publicize activities of the team
(ii) arrange for meetings and other social
functions as directed by the Teams facilitator
(iii) perform any other duty which may be
assigned to him by the Teams’ Facilitator.

Funds and 542. 1. The Team shall maintain an account to be known as the
accounts
Reform Team’s Account. All sums accruing to the Team
 177
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

shall be paid into the said account. The Facilitator, Deputy

Facilitator and Secretary shall be signatories to the said
account. Any two of the named signatories will be
sufficient to make withdrawals from the said account.
2. The Secretary shall submit to the Attorney-General not
later than 30th September in each financial year, an
estimate of its expenditure and income during the next
financial year.

Annual report 543. The Team shall prepare and publish an annual report of
its activities.

Power to obtain 544. 1. For the purpose of carrying out the functions conferred
Information on the Team under this Law, the Team -
(a) shall have a right of access to all the records of any of
the organs in the administration of justice sector to
which this Law applies; and
(b) may by notice in writing served on any person in
charge of any such organs require that person to
furnish information on such matters as may be
specified in the notice.
2. A person required to furnish information pursuant to
subsection (1) of this section shall comply with the notice
within a stipulated time.

Charter and 545. The Team may adopt a charter or make any standing
standing order orders regulating its proceedings.

CHAPTER 45. – MISCELLANEOUS

Use of forms in 546. 1. Subject to the express provisions, if any, of the rules,
First Second the forms and precedents contained in the First, Second
and Third and Third Schedules may, in accordance with any
Schedule. instructions contained in the said forms, and with such
variations as the circumstances of the particular case may
require, be used in the cases to which they apply and,
when so used, shall be good and sufficient in
law.
2. The forms in the said Schedules may be added to,
revoked, replaced or varied by the rules in all respects as
if they had originally been so made.
No committal for 547. From and after the coming into operation of this Law no
trial by coroner person shall be committed for trial on a coroner’s
inquisition.

Payment of fees 548. Subject to the provisions of sections 549 and 550, in every
proceeding had before any court such fees as may be
prescribed under this Law shall be paid.
 178
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

Court may 549. A court may in any proceeding in which good cause
waive fees appears to the court for so doing, suspend payment of any
fees payable therein until the conclusion of such
proceeding and the court may then direct such fees to be
paid as costs by any party to the proceeding by whom the
court has power to order costs to be paid or remit the
payment of such fees.

State not 550. The provisions of this Law relating to fees and to the giving
required to pay of security shall not apply to the State or to any public
fees
officer acting in his official capacity.

Power to make 551. The Chief Judge may make rules in respect of all or any of
rules of court the following matters –
(a) fees to be paid under this Law;
(b) forms to be used for the process and procedure of
the courts;
(c) accounts to be rendered of moneys received by any
person under this Law;
(d) the method of issue of process under this Law; and
the manner of receipt of and accounting for fees in
respect of such process;
(e) prescribing anything or any person required to be
prescribed under the provisions of this Law; and
(f) generally for carrying into effect the purpose of this
Law.
Where rules are made under this section, separate rules
shall be made in respect of the practice and procedure in
the High Court and in Magistrates’ Courts, save where the
procedure prescribed by such rules applies equally to the
High Court and to Magistrates’ Courts.
 179
E.S.N Enugu State Administration
Law No. 1, 2017 of Criminal Justice

………………………………..

This printed impression has been carefully compared by me

with the Bill which has been passed by the House of Assembly of
Enugu State of Nigeria, and is found by me to be a true and
correctly printed copy of the said Bill.

Ubosi Edward Uchenna Dr. Emmanuel Okey Udaya, Esq.

Speaker of the House of Assembly Clerk of the House/Perm. Sec.

Assented to this ………. Day of …………………., 2017.

Rt. Hon. Ifeanyi Ugwuanyi

Governor of Enugu State