Section 173 Administration of Criminal Justice Law (ACJL) Lagos

Section 173 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Person convicted or acquitted not to be tried again for same or related offence. It provides as follows:

(1) Without prejudice to section 162, a person charged with an offence (in this section referred to as ‘‘the offence charged’’) shall not be liable to be tried if it is shown—
(a) that he has previously been convicted or acquitted of the same offence by a competent Court; or

(b) that he has previously been convicted or acquitted by a competent Court on a charge on which he might have been convicted of the offence charged; or

(c) that he has previously been convicted or acquitted by a competent Court of an offence other than the offence charged, being an offence of which, apart from this Section, he might be convicted by virtue of being charged with the offence charged.

(2) Nothing in subsection (1) above shall prejudice the operation of any law giving power to any Court, on an appeal, to set aside a verdict or findings of any other Court and order a re-trial.

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