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80. If from the absence of witness, or any other reasonable Remand. cause recorded in the Minutes, the Court considers it advisable to adjourn the examination, the Court may by warrant from time to time remand the accused for a reasonable time, not exceeding eight days at any one time, to some prison or other place of security.
Or if the remand is for not more than three days the Court may, by word of mouth, order the Officer or person in whose custody the accused is, or any other fit Officer or person, to continue to keep the accused in his custody, and to bring him up at the time appointed for commencement or continuance of the examination.
During remand the Court may nevertheless order the accused to be brought before it.
The Court may admit the accused to bail on the remand. 1876, s. 71).
81. The Court may at any stage of the investigation, without Examination previously warning the accused, put any question to the accused of accused. which the Court thinks proper. After the examination of all the witnesses called on behalf of the prosecution, and whether any question may have been previously put to the accused, or not, the Court shall without warning the accused interrogate him; either asking him generally if he desires to say anything in answer to the charge, or putting such other or further questions to him, as it thinks necessary. (5 of 1876, s. 72.)
82. The whole of the examination of the accused, including Recording the every question put to the accused and every answer given by him, examination. shall be recorded in full, and shall be shown to or read to him, and he shall be at liberty to explain or add to his answer or answers. (5 of 1876, s. 73.)
tion of examination.
83. When the whole is made conformable to what he declares Completion is the truth, the examination shall be attested by the signature of and attestathe Judge or Commissioner, who shall certify under his hand that it was taken in his presence and in his hearing, and contains accurately the whole of the statement made by the accused person. The accused person shall sign or attest by his mark such record. If he refuses, the Court shall add a note of his refusal, and the statement may be used as if he had signed or attested it. (5 of 1876, s. 74.)
84. Immediately after the accused shall so have had opportunity Evidence in of making his answer to the charge, the Court shall ask him whether defence. he desires to call any witnesses, and the depositions of such witnesses as the accused shall call and who shall appear on his behalf shall then be taken in like manner as in the case of the witnesses for the prosecution. (5 of 1876, s. 75.)
85. If the Court considers that the evidence against the accused Discharge. is not sufficient to put him on his trial, the Court shall forthwith order him to be discharged as to the particular charge under
Where evidence contradictory.
Where Court may adjudicate summarily.
Option of accused respecting trial.
Privilege of persons committed for trial.
Returns to be made to the Court and
inquiry; but such discharge shall not be a bar to any subsequent charge in respect of the same facts. (5 of 1876, s. 76.)
86. If the Court considers the evidence sufficient to put the accused on his trial, the Court shall commit him for trial upon Information, and shall, until the trial, either admit him to bail or send him to prison for safe keeping. The warrant of a Commissioner shall be sufficient authority to the Keeper of any Prison appointed for the custody of prisoners committed for trial, although out of the District of such Commissioner. (5 of 1876, s. 77.)
87. Where there is a conflict of evidence, the Court shall consider the evidence to be sufficient to put the accused on his trial if the evidence against him is such as, if uncontradicted, would raise a probable presumption of his guilt, notwithstanding that it is contradicted in material points by evidence in favour of the accused, unless the Court, for reasons recorded on the Minutes, shall see fit to deviate from this Rule. (5 of 1876, s. 78.)
88. If it shall appear to the Court that the offence is of such a nature that it may suitably be adjudicated upon summarily, the Court may, subject to the provisions of this Ordinance respecting Summary Jurisdiction, hear and finally determine the matter, and either convict the accused or dismiss the charge. (5 of 1876, s. 79.)
89. Where the charge is one in which an option is given to the accused, the Judge or Commissioner upon committing an accused person for trial upon Information shall ask him whether he desires to be tried with a Jury or by the Court with Assessors, and shall record and attest by his signature the answer of the accused, who shall also sign or attest by his mark such record: if he refuses to do so, the Court shall add a note of his refusal, and the answer shall be used as if he had signed it. (5 of 1876, s. 80.)
90. A person who has been committed for trial on Information shall be entitled at any time before the trial to have a copy of the depositions on payment of a reasonable sum, not exceeding sixpence for every hundred words, or, if the Court thinks fit, without payment.
The Court shall, at the time of committing him for trial, inform the accused of the effect of this provision. (5 of 1876, s. 81.)
91. The written charge (if any), the depositions, the statement of the accused, his answer respecting the tribunal before which he desires to be tried (if any), the recognizances of the prosecutor and witnesses, and the recognizances of bail (if any), shall be transmitted in proper time to the Court before which the trial is to be
The commitment is to be for the next Assizes: Supreme Court Ord. s. 23.
held, and an authenticated copy of the depositions and statement and answer aforesaid shall be transmitted to the Attorney-General. (5 of 1876, s. 82.)
ADMISSION TO BAIL.
92. Where the accused is charged with
Assault with intent to commit felony,
Obtaining or attempting to obtain property by false pretences,
Perjury or subornation of perjury,
Concealing the birth of a child by secret burying or otherwise,
Unlawfully compelling service,
Assault on a Constable or Officer of the Court in the execution
Neglect or breach of duty as a Constable or Officer of the
the Court may, if it thinks fit, admit him to bail. (5 of 1876, s. 83.)
When bail is discretionary.
93. Where he is charged with an indictable misdemeanour other When than those herein before described, the Court shall admit him to bail ordinarily to unless the Court sees good reason to the contrary (recorded in the be allowed. Minutes). (5 of 1876, s. 84.)
94. If he is charged with murder or treason he shall not be In murder or admitted to bail except by a Judge of the Supreme Court. (5 of treason. 1876, s. 85.)
95. A person may be admitted to bail at any time after he has Bail after been committed for trial, and thereupon shall be discharged from commitment. prison if he is not detained for any other cause. (5 of 1876, s. 86.)
96. A Judge of the Supreme Court may if he thinks fit admit Admission to any person to bail although the Commissioner before whom the bail after its charge is made has not thought fit to do so. (5 of 1876, s. 87.)
97. The accused who is to be admitted to bail shall produce Form of bail. such surety or sureties as in the opinion of the Court will be sufficient to ensure his appearance as and when required, and shall with him or them enter into a recognizance accordingly. (5 of 1876, s. 88.)
BINDING PROSECUTOR AND WITNESSES BY RECOGNIZANCE.
98. The Court shall bind by recognizance, with or without a and witnesses surety or sureties, as it may deem requisite, the prosecutor and every witness to appear at the trial to prosecute, or to prosecute and give evidence, or to give evidence (as the case may be), and also to appear and give evidence if required, at any further examination concerning the charge which may be held by direction of the Attorney-General. (5 of 1876, s. 89.)
shall enter into recognizances.
In case of
refusal may be imprisoned.
Forfeiture and levy of recognizances.
Persons bound by recognizance absconding may be
Form of information.
99. If a person refuses to enter into such recognizance the Court may commit him to prison or into the custody of any Officer of the Court, there to remain until after the trial, unless in the meantime he enters into a recognizance.
But if afterwards from want of sufficient evidence or other cause, the accused is discharged, the Court shall order that the person imprisoned for so refusing be also discharged. (5 of 1876, s. 90.)
PROCEEDINGS UPON RECOGNIZANCES.
100. If the condition of any recognizance be not complied with, the Court, in or before which such condition ought to be performed, may endorse thereon a Certificate setting forth that such condition has not been performed, and thereupon, if the amount of the recognizance is not paid within six days after an order and notice to do so, the same shall be recoverable by distress and sale of the moveable and immoveable property of the Recognizers. In default of the amount being recovered by such distress and sale the Recognizers may be imprisoned for the space of sixty days. (5 of 1876, s. 91.)
101. If it is made to appear to any Court, by information on oath, that any person bound by recognizance is about to go out of the jurisdiction of the Supreme Court, or the Province in which the trial is to be had, the Court may cause him to be arrested, and may commit him to prison until the trial, unless the Court shall see fit to admit him to bail upon further recognizance. (5 of 1876, s. 92.)
102. Every Information shall bear date on the day when the same is signed, and with such modifications as shall be necessary
to adapt it to the circumstances of each case, may be in the following form:
Supreme Court of the Colony of Southern Nigeria.
And if there be more than one count, then the second and every subsequent count, if any, may, with the like modification, be in the following form:
And also that the said A. B. on the day and in the year
Provided that in an Information for felony or misdemeanour Jurisdiction committed on the high seas or in foreign parts, or otherwise not over offences within the local limits of the ordinary jurisdiction of the Court, at sea, how which according to law may be dealt with in the Colony, the allegation that the party injured was at the time of the offence charged in the peace of the King shall be a sufficient allegation of the jurisdiction of the Court to hear and determine the case. (5 of 1876, s. 93.)
103. No information of any offence shall be held insufficient for Informations want of the averment of any matter unnecessary to be proved, nor not to be held for omitting to state the time at which the offence was committed for certain in any case where time is not of the essence of the offence, nor for omissions. stating the time imperfectly, nor for stating the offence to have been committed on a date subsequent to that of the information, or on an impossible day, or on a day that never happened, nor for want of the statement of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence. (5 of 1876, s. 94.)
104. Every objection to any Information for any formal defect Formal apparent on the face thereof shall be taken before the jury shall objections to be sworn, and not afterwards; and the Court may, if it thinks necessary, cause the Information to be forthwith amended, and thereupon the trial shall proceed as if no such defect had appeared. (5 of 1876, s. 95.)
105. It shall be lawful for the Court at any time to amend the Amendment. Information or proceedings in any matter of form or substance