Section 235 Administration of Criminal Justice Law (ACJL) Lagos

Section 235 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Non-appearance of Defendant. It provides as follows:

(1) Where a case is called in which summons has been served and the defendant does not appear, and no sufficient excuse is offered for the absence, then the court where it is—
(a) satisfied that the summons, if any, has been duly served, may issue a
bench warrant for the arrest of the defendant; or

(b) not satisfied that the summons has been duly served or where a warrant
has been issued, in the first instance, for the arrest of the defendant, shall
adjourn the hearing of the case to some future date, in order that
proper service may be effected or, until the defendant is arrested, as the
case may be.

(2) Where the defendant is afterward arrested upon a bench warrant, the defendant shall be brought before the court immediately, which may then commit the defendant by warrant to a correctional facility or to such other place of safe custody as it deems fit, and order that the defendant be brought before the court at a certain date.

(3) The victim shall, by direction of the court be served due notice of the date ordered under subsection (2) of this section.

(4) Where the court in exercise of its discretion has granted bail to the defendant and the defendant in disregard of the court order, fails to surrender to the order of court or fails to attend court without reasonable explanation, the court shall continue with the trial in absentia and convict accordingly,
unless the court sees reasons otherwise:

Provided that proceedings in the absence of the defendant shall take place after two (2) adjournments or as the court may deem fit.

(5) Notwithstanding the provisions of section 208 of this Law, the court shall direct substituted service and commencement of trial upon presentation of an affidavit of effort, where a summons has been issued for a defendant who is not in custody and the defendant fails to appear without reasonable excuse and after issuance of a warrant the defendant is found to have escaped or could not be located, and at the close of prosecution’s case, the court shall consider its verdict and deliver judgment.

(6) The conviction imposed by the court under subsection (5) of this section shall start to count from the day of the re-arrest of the defendant.

(7) In commencing the trial of the defendant under this section, the court shall deem the plea of the defendant as not guilty to the charge.

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