Section 239 Administration of Criminal Justice Law (ACJL) Lagos

Section 239 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Discharge of defendant when no case to answer. It provides as follows:

(1) If at the close of the evidence in support of the charge, it appears to the Court that a case is not made out against the defendant sufficiently to require him to make a defence, the Court shall discharge him in respect of that particular charge.

(2) Where the defendant is represented by a legal practitioner, he shall by application invoke the provision of subsection (1) of this Section.

(3) Where the defendant is not represented by legal practitioner, the Court shall discharge him after hearing the prosecution on the issue consider, if the provision of subsection (1) of this section avails the defendant.

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