Section 189 Administration of Criminal Justice Law (ACJL) Lagos

Section 189 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Service of subpoena. It provides as follows:

The Registrar, on being furnished with the names and places of abode of any witness 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 directed to such witnesses, together with as many copies of it as there may be witnesses named in such writ or writs and when application shall be made to postpone any trial by reason of the absence of any witness stated to be material, it shall be taken as prima facie evidence that the party applying for such postponement has not exercised all due and necessary diligence to secure the attendance of such witness if it shall appear that no subpoena to such witness was issued out at least four clear days before the first day of the criminal sessions.

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