Section 73 Administration of Criminal Justice Law (ACJL) Lagos

Section 73 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Withdrawals from prosecution in trials before a High court or Magistrates’ Court. It provides as follows:

(1) In any trial before a High Court or Magistrates’ Court a prosecutor with the consent of the Court, may, or on the instruction of the Attorney-General in the case of an offence against a Law of the State at any time before judgment is pronounced or an order of committal is made, withdraw from the prosecution of any person either generally or in respect of one or more of the offences with which such person is charged and upon such withdrawal;

(a) if it is made in the course of a trial—
(i) before the defendant is called upon to make his defence, he shall be discharged in respect of such offence; or
(ii) after the defendant is called upon to make his defence, he shall be acquitted in respect of such offence:

Provided that in any trial before a Judge or Magistrate in which the prosecutor withdraws in respect of the prosecution of any offence before the defendant is called upon to make his defence the Judge or Magistrate may in his discretion order the accused to be acquitted if he is satisfied upon the merits of the case that such order is a proper one and when any such order of acquittal is made, the Judge or Magistrate shall endorse his reasons for making such order on
the record.

(2) Where any private prosecutor withdraws prosecution for any offence under the provisions of this Section, the Judge or Magistrate may, in his discretion, award costs against such a prosecutor.

(3) A discharge of an accused person under this section shall not operate as a bar to subsequent proceedings against him on account of the same facts.

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