Section 232 Administration of Criminal Justice Law (ACJL) Lagos

Section 232 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Non-appearance of Prosecutor. It provides as follows:

(1) Where the defendant appears voluntarily in obedience to summons, or is brought before the court under a warrant on the day the matter comes up before the court for hearing and the prosecution —

(a) having to the satisfaction of the court, had due notice of the time and place
of hearing, does not appear in person or in the manner authorised by any written law, the court shall strike out the case and discharge the defendant,
unless the court, having received a reasonable excuse for the nonappearance of the prosecutor or a representative or for other sufficient reason which the court deems fit to adjourn the hearing of the case to some future date upon such terms as the court may determine; or

(b) having appeared, failed to produce any witness in support of the case, the
court shall strike out the case and discharge the defendant unless the
court, having received a reasonable excuse from the prosecution for the
non-appearance of the witness or for further sufficient reason, which the
court deems it fit to adjourn the hearing of the case to some future date
upon such terms as the court deems just, the court shall forward the report
of non-attendance of the prosecutor to the appropriate authorities.

(2) Where a court exercises its discretion under subsection (1) of this section, the discharge of the defendant shall not operate as an acquittal.

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