Criminal Procedure Act

Criminal Procedure Act

Chapter 80

Laws of the Federation of Nigeria 1990

Arrangement of Sections

(The original numbering of sections has been retained in order not to disturb the cross-references to those sections in other enactments.)

Chapter 1

Preliminary, Arrests, Bail, and Preventive Justice

Part 1

Preliminary

Section

Short title.

Interpretation.

Part 2

Arrest

Generally

3.	Arrest, how made.	4.	No unnecessary restraint.	5.	Notification of cause of arrest.
6.	Search of arrested persons.	7.	Search of place entered by person sought to be arrested.	8.	Power to break out of any house for purpose of liberation.
9.	Arrested persons to be taken at once to police station.

Arrest without Warrant and Procedure Thereon

10.	Arrest by police officer without warrant.	11.	Refusal to give name and residence.	12.	Arrest by private persons.
13.	Arrest by owners of property.	14.	Disposal of person arrested by private person.	16.	Arrest by magistrate.

Bail on Arrest without

17.	Release on bail of a person arrested without warrant.	18.	Power to release on bail before charge is accepted.	19.	Discharge of person for want of evidence.
20.	Police to report apprehensions.

Warrants of Arrest

General Authority to Issue

21.

General authority to issue warrant.

Warrants, in General

22.	Form and requisites of warrant of arrest.	23.	Warrant issued on complaint only if on oath.	24.	Warrant may issue on any day.
25.	Warrants, to whom directed, and duration.	26.	Omitted as inapplicable as it relates to warrants directed to local government police force which has been abolished.	27.	Warrant of arrest may in exceptional cases be directed to other persons.

Execution of, in General

28.

Execution of warrant and procedure thereon.

29.

Power to arrest on warrant but without the warrant.

Bail by Order of Court on Execution of Warrant of Arrest

30.

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

Execution of Warrant out of Division or District in which issued

31.

Procedure on arrest of persons outside division or district of court issuing warrant.

Part 3

Escape and Retaking

32.

Recapture of person escaping.

33.

Provisions of sections 7 and 8 to apply to arrests under section 32.

34.

Assistance to judge, magistrate or police officer.

Part 4

Prevention of Offences

Security for keeping the Peace and for Good Behaviour

35.	Power of magistrate to require execution of recognisance for keeping the peace.	36.	Security for good behaviour for suspected persons.	37.	Security for good behaviour for habitual offenders.
38.	Order to be made.	39.	Procedure in respect of person present in court.	40.	Summons or warrant in case of person not so present.
41.	Copy of order under section 38 to accompany summons or warrant.	42.	Power to dispense with personal attendance.	43.	Inquiry as to truth of information.
44.	Order to give security.	45.	Discharge of person informed against.

Proceedings in all Cases Subsequent to Order to Furnish Security

46.	Commencement of period for which security is required.	47.	Conditions of recognisance.	48.	Power to reject sureties.
49.	Procedure on failure of person to give security.	50.	Power to release persons imprisoned for failure to give security.	51.	Power of High Court to cancel recognisance.
52.	Discharge of sureties.

Part 5

Preventive Action of the Police

53.

Police to prevent offences and prevent injury to public property.

54.

Information of design to commit such offences.

55.

Arrest to prevent such offences.

Chapter 2.

Provisions Relating in General to all Criminal Trials and Inquiries

Part 6

Application and General

56.

Application of Chapter 2.

57.

General authority to bring persons before courts.

Part 7

58.

Deleted by 1967 No. 5.

Part 8

The Complainant, Form of Complaint and Time within which the Complaint must be made

59.	Right of making complaint.	60.	Form and requisites of complaint.	61.	Form of documents in criminal proceedings.
62.	Rule as to statement of exception.	63.	Limitation of period for making a private complaint.

Part 9

Place of Trial or Inquiry

Venue

64.	Venue.	64A.	Offences against Federal laws.	65.	Judge to decide in case of doubt of venue.
66.	Chief Judge may change venue by order.

Remitting Magistrates

67.

Accused person to be remitted in certain cases to another magistrate.

68.

Removal under warrant.

69.

Transfer of case where cause of complaint has arisen out of district of court.

Assumption of Jurisdiction

70.

Courts may assume jurisdiction under certain conditions.

71.

Assumption of jurisdiction after commencement of proceedings.

Part 10

State Procedure

Powers of the Attorney-General

72.

Informations by the Attorney-General.

Control of State in Criminal Proceedings

73.	Nolle prosequi in criminal cases.	74.	Nolle prosequi in committal cases.	75.
76.	Deleted by Legal Notice 65 of 1958.	76A.	Inserted by Legal Notice 47 of 1955 and deleted by Legal Notice 65 of 1958.

Part 11

Proceedings in General

Institution of Proceedings

77.	Different methods of instituting criminal proceedings.	78.	Particulars of instituting criminal proceedings in magistrates' courts.	79.	Compelling appearance of an accused person.
80.	Summons and warrant.	81.	Making of complaint and issue of process thereon.	82.	Issue and service on any day.

Enforcing Appearance of Defendant

Issue of Summons

83.	Issue of summons and contents thereof.	84.	Hearing by consent before return date of summons.	85.	Summons with immediate return date in special circumstances.
86.	Discretion in ex parte applications.

Form and Service of Summons

87.	Summons to be in duplicate	88.	Service of summons.	89.	Normal methods of effecting service.
90.	Service where person summoned cannot be found.	91.	Service on Government servant.	92.	Service outside local division or district.
93.	Proof of service when serving officer not present. 94. Receipt of service of summons.	95.	Person refusing to give receipt may be apprehended.

Warrant Issued If Somebody Disobeyed

96.

Summons disobeyed, warrant may issue.

Issue of Warrant of Arrest on Complaint on Oath

97.

Issue of warrant for defendant in the first instance.

98.

Application of sections 22 to 31 to such warrant.

99.

Warrant may issue before or after return date of summons.

Dispensing with Presence of Accused

100.

Power to dispense with personal attendance of accused in certain cases.

Part 12

Miscellaneous Provisions Regarding Process

Irregularities

101.

Irregularity in summons, warrant, service or arrest.

102.

Variation between charge and complaint.

103.

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

Saving of Validity of Process

104.

Validity of process.

105.

General addressee of process for issue and execution.

106.

Certain provisions applicable to all summonses and warrants in criminal matters.

Part 13

Search Warrant

Issue and Execution

107.	Cases in which search warrants may be issued.	108.	Discharge of suspected person.	109.	Search warrant to be signed by magistrate.
110.	Search warrants to whom directed.	111.	Time when search warrant may be issued and executed.	112.	Person in charge of closed place to allow ingress.

Detention and Disposal of Articles Seized

113.	Detention of articles seized.	114.	Perishable articles may be disposed of by court.	115.	Search for and disposal of gunpowder.
116	Destruction of forged banknotes.	117.	Disposal of counterfeit coin and certain other things.	117A.	Transmission to court of other State.
117B.	Controlled substances.	117C.	Disposal of certain exhibits where no conviction.	117D.	Transitional provisions, etc.

Part 14

Provisions as to Bail and Recognisance Generally

118.	When bail may be granted by High Court only.	119.	Bail in respect of matters other than offences.	120.	Amount of bail.
121.	Recognisance in respect of minors.	122.	Sureties.	123.	Admission to bail after its refusal.
124.	Notice of right to apply for bail.	125.	Judge may vary bail fixed by magistrate or police.	126.	Before whom recognisance may be executed.
127.	Mode of entering into recognisance.	128.	Continuous bail.	129.	Discharge from custody.
130.	Person bound by recognisance absconding may be committed to prison.	132.	Power to revoke or require higher bail.	133.	Variation of a recognisance if surety unsuitable.
134.	Discharge of sureties for appearance of another. 135. Order of fresh security upon original order.	136.	Surety dying, estate discharged.	137.	Forfeiture of recognisance.
138.	Mitigation of forfeiture.	139.	Forfeiture on conviction.	140.	Where recognisance forfeited warrant may issue.
141.	Payment on recognisance.	142.	Appeal.	143.	Arrest on breach of recognisance for appearance.

Part 15

Bringing before Court of Person in Custody

144.

Power of court to order prisoner to be brought before it

Part 16

Forms in respect of Summonses, Warrants, Recognisance and other Similar Process

145.

Use of forms in First Schedule.

Part 17

Provisions relating to Property and Persons

Ownership of Property

146.

Methods of stating ownership of property.

Description of Persons

147.

Description of persons in criminal process.

Rights of Married Women in Respect of Separate Estate

148.

Remedies of married woman against her husband and others in respect of property.

149.

Husband and wife competent witnesses.

Part 18

The Charge

Form of, and Joinder of offences and Persons

150.	Form of charges in Second Schedule to be used and adapted.	151.	Form of charge.	152.	Particulars in charge.
153.	Sense of words used in charge.	154.	Ownership or description of property.	155.	When persons may be charged jointly.
156.	Separate charges for distinct offences.	157.	Three offences within twelve months may be charged together.	158.	Trial for more than one offence.
159.	Offences falling within two definitions.	160.	Acts constituting one offence but constituting when combined a different offence.	161.	Where it is doubtful which offence has been committed.

Variation of Charge

162.	Procedure on imperfect charge.	163.	Court may alter charge.	164.	Procedure on alteration of charge.
165.	Recall of witnesses when charge altered.	166.	Effect of error.	167.	Objection to charge to be taken at plea.
168.	Objections cured by verdict.

Conviction of one of Several Offences and of Offences not Specifically Charged

169.	Full offence charged-attempt proved.	170.	Attempt charged-full offence proved.	171.	Liability as to further prosecution.
171A.	On charge of an offence conviction as accessory after the fact to that or connected offence may follow.	172.	Person tried for misdemeanour not to be acquitted if felony proved, unless court so direct.	173.	Conviction of kindred offences relating to property.
174.	Persons charged with burglary may be convicted of kindred offence.	175.	On charge of rape conviction under section 221 of Cap. 77 or of indecent assault may follow.	176.	On charge under section 221 of Cap. 77 conviction of indecent assault may follow.
177.	Where murder or infanticide is charged and concealment of birth is proved.	178.	Where murder is charged and infanticide proved.	179.	Where offence proved is included in offence charged.

Withdrawal of Remaining Charges

180.

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

Part 19

Previous Acquittals or Convictions

180A.	Interpretation.	181.	Person convicted or acquitted not to be tried again for same or kindred offence.	182.	May be tried again on separate charge in certain cases.
183.	Consequences supervening or not known at previous trial.	184.	Where court at first trial was not competent.	185.	Deleted by 1966 No. 84.

Part 20

Witnesses

Enforcing Attendance of Witnesses

186.	Issue of summons for witness.	187.	Service of summons on witness.	188.	Warrant for witness after summons.
189.	Issue of warrant for witness in first instance.	190.	Mode of dealing with witness arrested under warrant.	191.	Penalty on witnesses refusing to attend.
192.	Non-attendance of witness on adjourned hearing.	193.	Persons in court may be required to give evidence though not summoned.

Refractory Witnesses

194.

Witness refusing to be sworn, or produce documents.

Expenses of Witnesses

195.	Expenses of witnesses for the prosecution.	196.	Expenses of witnesses for accused.	197.	Adjournment may be granted subject to witnesses' costs.
198.	Ascertainment of witness's expenses.

Examination of Witnesses

199.	Application of the Evidence Act.	200.	Power to call or recall witnesses.	201.	Certificates of certain Government technical officers.
202.	Right of reply.

Part 21

Publicity and View

203.	Public to have access to hearing.	204.	Court may be cleared whilst child or young person is giving evidence in certain cases.	205.	Order under section 203 or 204 not to apply to press and certain others.
206.	Prohibition on children being present in court during the trial of other persons.	207.	View by court of locus.

Part 22

Determination of Age

208.

Presumption and determination of age.

209.

Age in relation to offences.

Part 23

Presence of Parties and Conduct of Trials

210.	Presence of accused at trial.	211.	Counsel for complainant and for defendant.	212.	(Deleted by L.N. 47 of 1955.)
213.	General control of prosecution by the Attorney-General.	214.	Position in court of person summoned.

Part 24

Recording of Plea

215.	Pleading to information or charge.	216.	Proceeding on charge or count of previous conviction.	217.	Effect of plea of not guilty.
218.	Effect of plea of guilty.	219.	Plea when offence admitted is included in offence charged.	220.	Failure to plead due to malice or otherwise.
221.	Pleas: autrefois acquit or convict, pardon.

Part 25

Persons of Unsound mind

222.	Interpretation.	223.	Procedure when accused is suspected to be of unsound mind.	224.	Certificate of medical officer.
225.	Release of person of unsound mind pending investigation or trial.	226.	Resumption of inquiry or trial.	227.	Resumption of proceedings under section 223.
228.	When accused appears to have been of unsound mind.	229.	Acquittal on ground of insanity (including insanity resulting from intoxication).	230.	Safe custody of person acquitted.
231.	Observation of prisoners of unsound mind.	232.	Procedure when person of unsound mind reported able to make defence.	233.	Procedure where person of unsound mind reported fit for discharge.
234.	Transfer from one place of custody to another.	235.	Delivery of person of unsound mind to care of relative.	235A.	Removal to another State.

Part 26

Remand

236.

Court may remand defendant for eight days.

237.

Court may bring up prisoner during remand.

238.

Magistrate may adjourn where accused cannot appear.

Place of Commitment

239.

Place of commitment.

Part 27

Addresses

Opening of Case for the Prosecution

240.

Opening of case for the prosecution.

Defence and Reply

241.

In certain cases prosecution has no right of reply.

242.

Cases in which prosecution may reply.

243.

Reply by law officer.

Part 27A

Procedure where Constitutional Questions are referred to Higher Court

243A.

Reference to Court of Appeal.

Part 28

Conclusion of Trial

244.	Deliberation by court.	245.	Judgment to be in writing.	246.	Accused to be discharged if found not guilty.
247.	Accused to be asked whether he has anything to say before sentence.	248.	Sentence.	249.	Conviction on other charges pending.
250.	Security for coming up for judgment.	251.	Delivery of judgment when Judge or magistrate unavoidably absent.

Warrant of Commitment

252.

Direct imprisonment.

253.

Authority for carrying out sentences not capital.

Defects in order or Warrant

254.

Error or omission not to affect legality of act.

Part 29

Costs, Compensation and Damages

255.	Costs-against accused; against private prosecutor.	256.	Compensation in case of false and vexatious charge.	257.	Enforcement of award of compensation.
258.	Saving of express procedure for awarding costs and compensation.	259.	Order to pay costs appealable.	260.	Injured person may refuse to accept compensation; but payment of compensation is bar to further liability.

Damages in Cases of Dishonesty

261.

Wrongful conversion or detention of property.

262.

Damages recoverable as penalty.

Part 30

Seizure, Restitution, Forfeiture and Disposition of Property

263.	Order for disposal of property regarding which offence committed.	263A.	Meaning of "property" in this Part.	264.	Seizure of things intended to be used in commission of offence.
265.	Destruction of seditious, prohibited or obscene publications and of obscene objects.	266.	Search warrant may be used to search for things subject to sections 264 and 265.	267.	Restoration of possession of immovable property.
268.	Payment to innocent person of money found on accused.	269.	Restitution and disposition of property found on person arrested.	270.	Restitution of property stolen.
271.	Destruction of articles relating to counterfeiting where charge is laid.	272.	Destruction of articles relating to counterfeiting where no charge is laid.	273.	Mode of dealing with forfeiture not pecuniary.

Part 31

Summary Procedure in Perjury

274.

Perjury. Summary procedure.

Chapter 3

Part 32

Trials Generally

275.

Trials.

276.

Summary trial in High Court, limitation.

Chapter 4

Part 33

Summary Trial

Application

277.

Summary trials.

278.

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

Hearing of Complaint

279.	Time and place of hearing.	280.	Non-appearance of prosecutor.	281.	Non-appearance of defendant.
282.	Non-appearance of both parties.	283.	Appearance of both parties.	284.	Withdrawal of complaint.
285.	Manner of hearing.	286.	Discharge of accused when no case to answer.	287.	Defence.
288.	Saving as to section 287(l)(a).	289.	Evidence in reply.	290.	Power to take evidence of persons dangerously ill.
291.	Notices to be given to parties.	292.	Transmission of statement.	293.	When statement may be used in evidence.
294.	Notes of evidence to be taken.	295.	Local inspection.	296.	Cross complaints.
297.	Joinder of complaints.	298.	Procedure where offence appears unsuitable for determination by court of limited jurisdiction.

Making of Order

299.

Giving of decision upon conclusion of hearing.

Binding over

300.

Power to bind parties to be of good behaviour.

Dismissal and Acquittal

301.

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

Part 34

302.

Summary trial by magistrate of indictable cases.

303.

Whipping. In accordance with Part 42.

Part 35

Summary Trial by Magistrate of Adult Charged with an Indictable Offence

304.	Summary trial by magistrate of indictable cases.	305.	Power to remand person charged.	306.	Law officer may require case to be adjourned or dealt with specially.
307.	Adjournment for law officer's decision.	308.	General provisions as to dealing summarily with indictable offence.	309.	Security for keeping the peace, in indictable cases tried summarily.

Chapter 5

Part 36

Preliminary Inquiry by a Magistrate into an Indictable Offence

Place of Inquiry not an Open Court

310.

Preliminary inquiry not an open court.

Local Inspection and Medical Examination

311.	Making of local inspection and examination of injured person.	312.	Provisions applicable to the taking of evidence in an indictable case.	313.	Binding over of witnesses for prosecution.
314.	Provisions as to taking of depositions, and caution to and statement of accused on proceedings before magistrate.	315.	Procedure where witnesses for defence not present.	316.	Binding over of witness for defence.
317.	Statement generally admissible.	318.	Court may take further evidence after close of case for prosecution.	319.	Deposition of witness unable to attend.
320.	A magistrate may continue a preliminary inquiry begun by another magistrate.	321.	Marking of exhibits.	322.	Magistrate to authenticate depositions and statement of the accused.
323.	Magistrate shall consider defence before committing.	324.	Where evidence contradictory.

Discharge and Committal for Trial

325.	Discharge.	326.	Commitment.	327.	Allegation at preliminary inquiry that accused was insane at time of offence.
328.	Procedure when accused does not understand proceedings.

Conditional binding over of Witnesses.

329.

Binding over of witnesses conditionally.

Transmission of Depositions, Recognizances and Exhibits

330.

Returns to be made to court and law officer, crown counsel or Resident.

331.

Depositions free of charge for persons committed.

Adjudication by Magistrate instead of Committal for Trial

332.

When court may adjudicate finally.

Control of the State in Proceedings in which an Accused has been Committal for Trial

333.

Law officer or State counsel may refer back case for further evidence.

Chapter 6.

Proceedings after an Accused has been Committal by a Magistrate to the High Court for Trial

Part 37

334.

Trial on information.

335.

Certain cases to be tried by jury.

336.

Judge to decide in certain cases.

Information.

337.

Form of information.

338.

Contents of information.

339.

Application of sections 151 to 180 to informations.

Proceedings Preliminary to Trial

340.	Procedure on information of offenders.	341.	Signing of information on behalf of State.	342.	Information by private person.
343.	Conditions for private prosecutors.

Venue

344.

Venue.

345.

Change of venue.

346.

Effect of change of venue.

Notices of Trial

347.	Form of notice of trial.	348.	Copy of information and notice of trial to be delivered to sheriff.	349.	Time and mode of summoning parties on information.
350.	Return of service.

Proceedings at Trial and Subsequent Proceedings

351.

Bench warrant where accused person does not appear.

352.

Counsel for State and defence in capital cases.

353.

Arraignment. Time for raising certain objections.

Attendance of Witnesses

354.	Attendance of witness bound by recognisance to attend.	355.	Warrant for apprehension of witness not attending on recognisance.	356.	Warrant for apprehension of witness disobeying summons.
357.	Fine for non-attendance of witness.	358.	Writs of subpoena.	359.	Service of subpoena.

Miscellaneous Provisions

360.	Application of Part 20 to trials under this Part.	361.	Application of Act to trials under this Part.	362.	Recording of judgment and sentence.
363.	Trials according to practice of High Court of Justice.

Part 38

Summary Trial after Committal

364.

Summary trial after committal where no information filed.

365.

Procedure at trial under this Part.

Chapter 7

Provisions Relating to Sentences of Death, Imprisonment, Caning and Fine

Part 39

General

366.

Construction of provisions relating to punishments.

Part 40

Capital Sentences

367.	Death.	368.	Prior formalities-generally.	369.	Authority for detention.
370.	Judge to report to appropriate authority.	371.	Deleted by 1961 No. 40.	371A.	Procedure where power of pardon vested in President.
371B.	Judge's certificate of sentence of death to be sufficient and full authority for execution of offender, unless he is pardoned or reprieved.	371c.	Steps to be taken by the Registrar.	371D.	Judge to forward report to State Commissioner.
371E.	Stage at which State Commissioner to consider report.	371F.	Where no commutation, pardon or reprieve.	371G.	Where a commutation, pardon or reprieve is granted.
371H.	Temporary provisions	372-375	Deleted by 1961 No. 40.

Procedure where Woman Convicted of Capital Offence is Alleged to be Pregnant

376.

Procedure where woman convicted of capital offence is alleged to be pregnant.

Part 41

Imprisonment

377.	Imprisonment to be with hard labour unless otherwise ordered.	378.	Sentences on chiefs and detention pending State Commissioner's decision.	379.	Power to order detention for one day in precincts of the court.
380.	Consecutive sentences of imprisonment.	391.	Date from which sentence commences.	382.	Power to inflict fine in lieu of imprisonment.
383.	Escaped prisoners: effect of escape on punishment.

Part 42

Caning

384.	To be caned once only.	385.	Female or male over 45 not to be caned.	386.	Caning with a light rod and not more than twelve strokes.
387.	In certain cases caning additional to other punishment.	388.	Infliction of sentences of corporal punishment.

Part 43

Fines

389.

Fine, imprisonment in default of.

390.

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

Assessment of Fine

391.

Payment and allocation of fines and fees.

Commitment of Defendant for Non-Payment of Fine or penalty

392.	Power to commit defendant in certain cases.	393.	Power to postpone issue of warrant of commitment.	394.	Payment of penalty to person executing warrant.
395.	Commencement of imprisonment.	396.	Varying of or discharging order for sureties.	397.	Right of person imprisoned in default to be released on paying sum.

Distress

398.

Fines may be ordered to be recoverable by distress.

399.

Warrant of distress.

400.

Part payment reduces period of imprisonment in proportion.

Chapter 8

Detention During, the Pleasure of the President and Deportation

Part 44

Detention during the Pleasure of the President

401.

Conditions attaching to detention during pleasure.

Part 45

Deportation

402.	Meaning of "deported".	403.	Non-citizen may ask to leave Nigeria in lieu of deportation order.	404.	Court may recommend deportation for offences punishable by imprisonment without option.
405.	In default of security for the peace.	406.	In case of dangerous conduct.	407.	Procedure prior to court recommending deportation under section 405 or 406.
408.	Procedure on recommendation of deportation under section 404, 405 or 406.	409.	Detention of person concerned.	410.	After consideration President may make an order of deportation.
411.	President may withhold order and remit case to court.	412.	Provisions as to sentence of deportation.

Chapter 9

Juvenile Offenders and Probation

Part 46

Juvenile Offenders

413.	Procedure for trying juvenile offenders.	414.	"Conviction" and "sentence" not to be used in relation to juveniles.	415.	Trial of children and young persons.
416.	Special court may continue even if age incorrect.	417.	Juveniles not to associate with adult accused.	418.	Public not to attend hearing.
419.	Restriction on punishment.	420.	Juveniles found guilty of capital offence.	421.	Detention in the case of certain crimes committed by children or young persons.
422.	Bail of children and young persons arrested.	423.	Custody of young persons not discharged on bail after arrest.	424.	Association with adult whilst in police custody.
425.	Remand or committal to custody in place of detention.	426.	Attendance at court of parent of child or young person charged with an offence.	427.	Methods of dealing with children and young persons charged with offence.
428.	Maximum fine on child four naira.	429.	Power to order parent to pay fine, etc. instead of child or young person.	430.	Removal of disqualifications attaching to felony.
431.	Limitations of costs.	432.	Restrictions on punishment of children and young persons.	433.	Substitution of custody in place of detention for imprisonment.
434.	Escape during detention.

Part 47

Probation

435.	Conditional release of offenders.	436.	Probation orders and conditions of recognisance.	437.	Relieving probation officer of his duties.
438.	Duties of probation officers.	439.	Variation of terms and conditions of probation.	440.	Provisions in case of offender failing to observe conditions of release.

Chapter 10

Assessors and Inquiries by Direction of the Attorney-General

Part 48

Assessors

441.	Qualification of assessors.	442.	Sheriff to summon assessors.	443.	Exemption in favour of mercantile establishments.
444.	Sheriff to deliver paper to court.	445.	Omitted as applying only to former Protectorate.	446.	Selection of assessors.
447.	If an assessor unable to attend, trial may proceed.	448.	Adjournment.	449.	Opinion of assessors.
450.	Penalty on assessors not attending.	451.	Notice to persons fined in absence.	452.	Court may exempt persons from serving as assessors.

Part 49

Inquiries by direction of Attorney-General

453.	Inquiries by direction of Attorney-General.	454.	Conduct of inquiry.	455.	Report.
456.	Procedure.	457.	Person charged entitled to copy of deposition.	458.	Statements of witnesses privileged.
458A.	Application to offences against Federal laws.

Chapter 11

Miscellaneous

Part 50

Coroner's Warrant

459.

No committal for trial by coroner.

Appeals

460.

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

Fees

461.

Payment of fees.

462.

State not required to pay fees.

Forms

463.

Use of forms in First, Second and Third Schedules.

Rules of Court

464.

Power to make rules of court.

Forms and Procedure under Other Written Laws

465.

Saving as to other forms and procedure.

Part 51

Special Provisions relating to Corporations

466. (1) (2)	Proceedings in relation to which Part has effect. Application of Part.	467.	Definitions.	468.	Plea by corporation.
469.	Committal of corporation for trial.	470.	Application of section 340(2).	471.	Powers of representative.
472.		473.	Non-appearance of representative.	474.	Saving.
475.	Joint charge against corporation and individual.	476.	Service on corporation.

Chapter 12

Part 52

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

477.	Interpretation.	478.	Service of summons issued on information, etc.	479.	Subpoena or summons to witness may be served in another State by leave.
480.	Orders for production of prisoners.	481.	Mode of proof of service.	482.	Execution of warrants outside State of issue.
483.	Arrest without warrant.	484.	Review of order of magistrate.	485.	Forfeiture of recognisance.
486.	Execution of distress warrants outside State of issue.	486A.	Inserted by L.N. 156 of 1960, deleted by L.N. 112 of 1964.

Part 53

487.

Provisions for Directors of Public Prosecutions

488.

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

First Schedule

Forms

Second Schedule

Precedents of Chapters

Third Schedule

Precedents of Informations

Fourth Schedule

Orders of the President

Fifth Schedule

Precedents Under Part 52

Criminal Procedure Act

Chapter 80

Laws of the Federation of Nigeria 1990

An Act to make provision for the procedure to be followed in criminal cases in the High Court and Magistrates' Courts

1^st June, 1945

Chapter I

Preliminary, Arrests, Bail and Preventive, Justices

Part 1

Preliminary

1. (1) This Act may be cited as the Criminal Procedure Act.

(2) Chapter 12 of this Act shall apply to the Federation of Nigeria.

2. (1) In this Act, unless the context otherwise requires-

"adult" means a person who has attained the age of seventeen years or over;

"charge" means the statement of offence or statement of offences with which an accused is charged in a summary trial before a court;

"Chief Judge" means the Chief Judge of the High Court;

"child" means any person who has not attained the age of fourteen years;

"complainant" includes any informant or prosecutor in any case relating to a summary conviction offence;

"complaint" means the allegation that any named person has committed an offence made before a magistrate for the purpose of moving him to issue process under this Act;

"court" includes the High Court and a magistrate's court;

"defendant" means any person against whom a complaint is made;

"district" means a district into which a State is divided for the purposes of any Law under which a magistrate's court is established;

"division" means a judicial division of the High Court;

Federal law" means any Act enacted by the National Assembly having effect with respect to the Federation and any Ordinance enacted prior to 1st October, 1960 which under the Constitution of the Federal Republic of Nigeria has effect with respect to the Federation;

"felony" means an offence on conviction for which a person can, without proof of his having been previously convicted of an offence, be sentenced to death or to imprisonment for three years or more, or which is declared by law to be a felony;

"fine" includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction;

"future enactment" means any enactment passed after the commencement of this Act;

"guardian" in relation to a child or young person means the parent or other person having lawful custody of such child or young person, and includes any person who, in the opinion of the court having cognisance of any case in which such child or young person is concerned, has for the time being the custody, control over, or charge of such child or young person;

"High Court" means the High Court of the State or the Federal High Court;

"indictable offence" means any offence-

(a) which on conviction may be punished by a term of imprisonment exceeding two years, or

(b) which on conviction may be punished by imposition of a fine exceeding four hundred naira;

not being an offence declared by the law creating it to be punishable on summary conviction;

"indicted" means the filing of an information against a person who is committed for trial to the High Court after preliminary inquiry by a magistrate;

"infant" means a person who has not attained the age of seven years;

"Judge" means a Judge of the High Court;

"justice of the peace" means a person appointed to be a justice of the peace under the law of a State;

"juvenile offender" means an offender who has not attained the age of seventeen years;

"law officer" has the meaning assigned thereto in the Criminal Code;

"law of a State" means any written law in force in a State which is not a Federal law;

"legal guardian" in relation to an infant, child, young person, or juvenile offender, means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;

"magistrate" means a magistrate appointed in accordance with the law of a State;

"magistrate's court" means a magistrate's court established under the law of a State;

"offence" means an offence against any enactment in force in, a State;

"officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station building or unable for any reason to perform his duties, the police officer present at the station building who is next in seniority to, or who in the absence of such officer in charge performs the duty of, such officer;

"open court" means any room or place in which any court shall be sitting to hear and determine any matters within its jurisdiction and to which room or place the public may have access so far as the same can conveniently contain them;

"order" includes any conviction in respect of a summary conviction offence;

"penalty" includes any pecuniary fine, forfeiture, costs, or compensation recoverable or payable under an order;

"place of safety" includes any suitable place, the occupier of which is willing temporarily to receive an infant, child, or young person;

"police officer" includes any member of the police force established by the Police Act;

"preliminary inquiry" means an investigation of a criminal charge held by a magistrate's court with a view to the committal of an accused person for trial before the High Court;

"prescribed" means prescribed by rules made under the authority of this Act;

"registrar" includes the Chief Registrar and a registrar of the High Court and of a magistrate's court;

"rules" or "the rules" means rules of court relating to the practice and procedure of the High Court or of the magistrates' courts in the exercise of their criminal jurisdiction;

"sentenced to imprisonment" shall include cases where imprisonment is imposed by a court on any person either with or without the option of a fine, or in respect of the non-payment of any sum of money, or for failing to do or abstaining from doing any act or thing required to be done or left undone, and the expression "sentence of imprisonment" shall be construed accordingly;

"sheriff" means a sheriff within the meaning of the Sheriffs and Civil Process Act and includes a deputy sheriff and any person authorised by the sheriff or a deputy sheriff to execute process of a court;

"summary conviction offence" means any offence punishable by a magistrate's court on summary conviction, and includes any matter in respect of which a magistrate's court can make an order in the exercise of its summary jurisdiction;

"summary court" means unless the same is expressly or by necessary implication qualified-

(a) a Judge of the High Court when sitting in court and presiding over a summary trial, and

(b) any magistrate when sitting in open court to hear and determine any matters within his power and jurisdiction either under the provisions of this Act or any other written law,

and such Judge when so sitting and presiding and such magistrate when so sitting as aforesaid shall be deemed to be a "court" or "summary court" within the meaning of this Act;

"summary trial" means any trial by a magistrate and a trial by a Judge in which the accused has not been committed for trial after a preliminary inquiry;

superior police officer" has the same meaning as in the Police Act;

"whip" means a whip of a pattern approved by the Minister charged with responsibility for prisons;

"young person" means a person who has attained the age of fourteen and has not attained the age of seventeen years.

(2) Nothing in Chapters 1 to 11 inclusive of this Act shall be construed to authorise-

(a) the service outside the State of a summons to enforce the appearance before a court of an accused person, surety, or parent of an accused person;

(b) the service outside the State of a subpoena, summons or notice of hearing to compel the attendance of a witness before a court;

(d) the issue of an order to compel the production of any person confined in a prison outside the State;

(e) the execution outside the State of a warrant of distress; or

(f) the execution outside the State of a warrant of committal issued in accordance with section 392 of this Act.

Part 2

Arrest

Generally

3. In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

4. A person arrested shall not be handcuffed, otherwise bound or be subjected to unnecessary restraint except by order of the court, a magistrate or justice of the peace or unless there is reasonable apprehension of violence or of an attempt to escape or unless the restraint is considered necessary for the safety of the person arrested.

5. Except when the person arrested is in the actual course of the commission of a crime or is pursued immediately after the commission of a crime or escape from lawful custody, the police officer or other person making the arrest shall inform the person arrested of the cause of the arrest.

6. (1) Whenever a person is arrested by a police officer or a private person, the police officer making the arrest or to whom the private person makes over the person arrested may search such person, using such force as may be reasonably necessary for such purpose, and place in safe custody all articles other than necessary wearing apparel found upon him:

Provided that whenever the person arrested is admitted to bail and bail is furnished, such person shall not, subject to the provisions of subsection (6) of this section, be searched unless there are reasonable grounds for believing that he has about his person, any-

(a) stolen articles; or

(b) instruments of violence or poisonous substance; or

(d) other articles which may furnish evidence against him in regard to the offence which he is alleged to have committed.

(2) Whenever it is necessary to cause a woman to be searched the search shall be made by another woman.

(3) Notwithstanding the other provisions of this section, any police officer or other person making an arrest may in any case take from the person arrested any offensive weapons which he has about his person.

(4) Where any property has been taken under this section from a person charged before a court of competent jurisdiction with any offenc