Section 238 Administration of Criminal Justice Law (ACJL) Lagos

Section 238 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Witnesses in general to be out of hearing. It provides as follows:

(1) At the commencement of hearing of a case, the Court shall direct that all witnesses shall leave the Court and upon such direction, the relevant provisions of the Evidence Law applicable in the State shall apply:

Provided that the Judge or Magistrate shall in his discretion permit professional and technical witnesses to remain in Court: failure of the Court to comply with the provisions of this subsection shall not invalidate the proceedings.

(2) The Court shall then proceed to hear the prosecutor and such witnesses as he shall call and other evidence as he shall adduce in support of the charge, and also to hear the defendant and such witnesses as he shall call and such other evidence as he shall adduce in his defence and also, if the Court deems fit, to hear such witnesses as the prosecutor shall call in reply if the defendant has called any witnesses or given any evidence.

(3) The prosecutor and the defendant shall put questions to each witness called by the other side and where the defendant gives evidence he shall be cross-examined.

(4) If the defendant is not represented by a legal practitioner, the Court shall at the close of the examination of each witness for the prosecution ask the defendant whether he wishes to put any questions to that witness, and shall record his answer on the minutes.

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