Section 240 Administration of Criminal Justice Law (ACJL) Lagos

Section 240 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Defence. It provides as follows:

(1) At the close of the evidence in support of the charge, if it appears to the Court that a prima facie case is made out against the defendant sufficiently to require him to make a defence, the Court shall call upon him for his defence and—

(a) if the defendant is not represented by a legal practitioner, the Court shall inform him that he has three alternatives open to him, namely—
(i) he may make a statement, without being sworn, from the place where he then is, in which case he will not be liable to cross-examination; or
(ii) he may give evidence in the witness box, after being sworn as a witness; in which case he will be liable to cross-examination; or
(iii) he need not say anything at all, if he so wishes, and in addition the Court shall ask him if he has any witnesses to examine or other evidence to adduce in his defence and the Court shall then hear the defendant and his witnesses and other evidence, if any; and

(b) if the defendant is represented by a legal practitioner, the Court shall call upon the legal practitioner to proceed with the defence.

(2) If the defendant or his legal practitioner states that he has witnesses to call but that they are not present, the Court may, in the circumstances set forth in sections 177 to 183 take the necessary steps to compel their attendance.

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