Section 367 Administration of Criminal Justice Law (ACJL) Lagos

Section 367 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Review of order of Magistrate. It provides as follows:

(1) Where a person arrested is dissatisfied with an order made under subsection (3) of section 365, or under subsection (1) of section 366, he may apply to a Judge of the High Court of the State in which he was arrested for a review of the order and the Judge may review the order.

(2) A Judge to whom an application is made for the review of an order may—
(a) except where the offence charged is an offence in respect of which bail may not be granted, order the release on bail of the arrested person on such terms and conditions as the Judge thinks fit; or

(b) direct that the arrested person be kept in such custody as the Judge directs in the State in which the person is apprehended until the order has been reviewed.

(3) The review of the order shall be by way of re-hearing, and evidence in addition to, or in substitution for, the evidence given on the making of the order may be given on or in connection with the review.

(4) Upon the review of an order, the Judge may—
(a) confirm or vary the order or substitute a new order; or
(b) if it appears to him that—
(i) the charge is of a trivial nature; or

(ii) the application for the return of the person has not been made in good faith in the
interests of justice; or

(iii) for any reason it would be unjust or oppressive to return the person either at all or until the expiration of a certain period, order the discharge of the person or order that the person be returned after the expiration of a period specified in the order and that he be released on bail until the expiration of that period.

(5) For the purposes of this Section—
(a) a Judge has the same power to admit a person to bail as he has in the case of persons arrested under warrants issued by him or by any Magistrate or Justice of the Peace of the State in which he exercises jurisdiction;
(b) a Judge, in varying an order relating to admittance to bail or substituting a new order admitting a person to bail, may impose terms requiring the person arrested to return to the State in which the original warrant was issued within such time (whether more or less than one month after the making of the order) as he thinks fit.

[/membership]