Section 74 Administration of Criminal Justice Law (ACJL) Lagos

Section 74 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Issuance of legal advice. It provides as follows:

(1) The Commissioner of Police shall forward all duplicate case files with respect to offences triable on information to the Office of the Attorney-General for the purpose of issuance of legal advice.

(2) The legal advice issued by the Office of the Attorney-General with respect to offences triable on information or any person shall be conclusive.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, the Attorney-General may request for duplicate files relating to any offence for the purpose of issuance of legal advice.

(4) Where the facts of a Police duplicate file forwarded to the Office of the Attorney-General in any proceedings with respect to any offence triable on information against a Law of the State indicate a prima facie case against a person, the Attorney-General shall inform the Magistrate in writing by way of legal advice through any of the officers in his Chambers or the prosecuting Police Officer.

(5) The Office of the Attorney-General shall ensure service of the copy of the legal advice upon a person in respect of whom legal advice is preferred through the prison authority if the person is remanded in custody and through the appropriate Court if the person is on bail.

(6) A form indicating a desire to be represented by counsel of his choice or by the Office of the Public Defender, Legal Aid Council or any other organisation providing legal aid shall be attached to each legal advice for purposes of endorsement by the person in respect of whom legal advice is preferred.

(7) Nothing in this section shall be construed as precluding the Attorney-General from instituting and undertaking criminal proceedings against any person before any Court of Law in Nigeria.

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