Section 218 Administration of Criminal Justice Law (ACJL) Lagos

Section 218 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Certificate of Medical Officer. It provides as follows:

(1) If such medical officer certifies that the defendant is 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.

(2) If such medical officer certifies that the defendant is of unsound mind and incapable of making his defence, the Judge, or Magistrate shall, if satisfied of the fact postpone the trial. If the Judge, or
Magistrate is satisfied that the defendant is of sound mind and capable of making his defence, the Court shall proceed with the trial.

(3) The trial of the issue as to whether or not the defendant is of unsound mind and incapable of making his defence, shall if the finding is that he is of sound mind and capable of making his defence, be deemed to be part of his trial before the Court.

(4) The certificate of such medical officer shall be receivable as evidence under this Section.

(5) If the defendant is certified to be of unsound mind and incapable of making his defence, it shall not be necessary for him to be present in Court during proceedings under this Section.

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