Section 366 Administration of Criminal Justice Law (ACJL) Lagos

Section 366 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Arrest without warrant. It provides as follows:

(1) Where a person is arrested without a warrant in a State and there is in that State no Magistrate who has jurisdiction with respect to the offence with which the person arrested is charged, the person arrested shall be taken as soon as practicable before a Magistrate of a State who has such jurisdiction:

Provided that if the person arrested cannot be taken before a Magistrate who has jurisdiction within twenty-four (24) hours of his arrest and is then detained in custody, he shall be taken as soon as practicable before a Magistrate of the State in which he was arrested and such Magistrate shall—
(a) by warrant under his hand, order the person to be returned to the State in which there is a Magistrate who has jurisdiction with respect to the offence and for that purpose to be delivered into the custody of a Police Officer or other person by whom he was arrested; or

(b) where the offence charged is an offence in respect of which he may admit a person to bail, on such recognisances as he thinks fit, on condition that the person appears at such time (not exceeding one month after the date of the order admitting him to bail) and at such place in the State in which a Magistrate has jurisdiction with respect to the offence charged as may be specified in the order to answer the charge or complaint or be dealt with according to law.

(2) A Magistrate before whom a person is brought has, for the purposes of this section, the same power to remand the person and admit him to bail for that purpose as he has in the case of persons arrested under warrants issued by him.

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