Section 113-115 of the Administration of Criminal Justice Act 2015
Table of Contents
ToggleSection 113, 114, and 115 of the Administration of Criminal Justice Act 2015 are under PART 14 (ENFORCING APPEARANCE OF SUSPECT) of the Act.
Section 113 Administration of Criminal Justice Act 2015
Compelling appearance of a suspect
A court may issue a summons or warrant as provided in this Act to compel the appearance before it of a suspect accused of having committed an offence in any place, whether within or outside Nigeria, triable in a State or in the Federal Capital Territory, Abuja.
Section 114 Administration of Criminal Justice Act 2015
Summons and Warrants
In every case, the court may proceed either by way of summons to the defendant or by way of warrant for his arrest in the first instance according to the nature and circumstances of the case.
Section 115 Administration of Criminal Justice Act 2015
Making of complaint and issue of process
(1) Subject to the provisions of section 89 of this Act, a person who believes from a reasonable or probable cause that an offence has been committed by another person whose appearance a Magistrate has power to compel may make a complaint of the committing of the offence to a Magistrate who shall consider the allegations of the complainant and may:
(a) in his discretion, refuse to issue process and shall record his reasons for such refusal; or
(b) issue a summons or warrant as he shall deem fit to compel the attendance of the defendant before a Magistrates’ court in the district.
(2) The Magistrate shall not refuse to issue a summons or warrant only because the alleged offence is one for which a suspect may be arrested without warrant.