Section 299 Administration of Criminal Justice Law (ACJL) Lagos

Section 299 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Perjury summary procedure. It provides as follows:

(1) If it appears to a Court that a person has been guilty of perjury in any proceedings before it, the Court, subject to the provisions of subsections (2) and (3), may—
(a) commit him for trial upon information of perjury and bind any person by recognisance to give evidence at his trial, or

(b) try him summarily in like manner as for contempt of Court and if he is found guilty commit him to prison, subject to the limit of jurisdiction of the Court.

(2) Where a Judge or Magistrate decides to try a person summarily under subsection (1) for contempt of Court, such Judge or Magistrate shall record in the evidence book the fact of such decision, shall specify the perjury alleged and shall direct the attention of the person to be charged to the inconsistencies upon which such charge is based and shall require him to give his explanation and shall
record such explanation in the book aforesaid.

(3) (a) If a Magistrate orders a person to be imprisoned or to pay a fine under subsection (1), he shall not issue his warrant of commitment or make an order for imprisonment for non-payment of the fine but may remand such person or release him on a recognisance with or without sureties to come up before the Court when called upon and shall forward to the Chief Judge or such Judge as the Chief Judge may direct a certified copy of the proceedings and the Chief Judge or Judge mentioned above shall without hearing argument and in the absence of the person concerned set aside or confirm such order or reduce the sentence of imprisonment or the amount of the fine and shall inform the Magistrate as soon as practicable thereafter of his decision.

(b) If the Chief Judge does not wholly set aside the Magistrate’s order, the Magistrate shall issue his warrant of commitment or make the necessary order for payment of the fine in accordance with the terms of the Chief Judge’s or Judge’s order.

(4) Any imprisonment or fine ordered or imposed under this section shall be a bar to any other proceedings for the same offence except where the order of a Magistrate has been wholly set aside.

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