Section 362 Administration of Criminal Justice Law (ACJL) Lagos

Section 362 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Subpoena or summons to witness may be served in another State by leave. It provides as follows:

(1) (a) When a subpoena or summons has been issued in accordance with the relevant provisions of this Law by any Court, Judge or Magistrate in any State requiring any person to appear and give evidence or to produce books or documents in any proceedings under this Law, such subpoena or summons may, if the Court, Judge or Magistrate is satisfied that the testimony of such person or the production of such books or documents is necessary in the interests of justice, by leave of such Court, Judge or Magistrate on such terms as the Court, Judge or Magistrate may impose, be served on such person in any other State.

(b) When a person has been bound by recognisance in accordance with the relevant provisions of this Law to attend as a witness at any Court of a State, a notice of the hearing or trial of the case in respect of which he is bound may be served on such person in any other State or part of the Federation.

(2) If a person upon whom a subpoena, summons or notice of hearing has been served in accordance with subsection (1) fails to attend at the time and place mentioned in such subpoena, summons, or notice of hearing such Court, Judge or Magistrate shall on proof that the subpoena, summons, or notice of hearing was duly served on such person, issue such warrant for the arrest of such person as such Court, Judge or Magistrate might have issued if the subpoena, summons or notice of hearing had been served in the State in which it was issued.

(3) Such warrant may be executed in such other State in the manner provided in this section 364 in case of warrants issued for the arrest of persons charged with an offence.

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