Section 321 Administration of Criminal Justice Law (ACJL) Lagos

Section 321 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Power to commit defendant in certain cases. It provides as follows:

(1) In every case where an order is made against any person for the payment of a sum of money and such person is liable to be imprisoned for a certain term unless such sum shall be paid, the Court may do all or any of the following:
(a) issue a warrant of commitment;

(b) allow time for the payment of the said sum;

(c) direct payment of the said sum to be made by instalments; or
(d) direct that the person liable to pay the said sum shall be at liberty to give, to the satisfaction of the Court, security, either with or without a surety or sureties, for the payment of the said sum or any instalment.

(2) Where time has been allowed for the payment of a sum adjudged to be paid by a conviction or order, further time may, on an application by or on behalf of the person liable to pay such sum, be allowed by a Court having jurisdiction to issue a warrant of commitment in respect of the non-payment of such sum, such Court may, direct payment by instalments of the sum so adjudged to be paid.

(3) Where a sum of money is directed to be paid by instalments and default is made in the payment of any instalment, the same proceedings may be taken as if default had been made in the payment of all the instalments then remaining unpaid.

(4) Where, before the expiration of the time allowed, the person convicted surrenders himself to the Court having jurisdiction to issue a warrant of commitment in respect of the non-payment of such sum, and states that he prefers immediate committal to awaiting the expiration of the time allowed, the Court shall if it deems fit issue a warrant committing him to prison.

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