Section 39 Administration of Criminal Justice Law (ACJL) Lagos

Section 39 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Summons or warrant in case of person not present. It provides as follows:

(1) If the person against whom an order under section 37 of this Law is made is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when the person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court.

(2) Whenever it appears to the 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 the person, the Magistrate may at any time issue a warrant for his arrest.