Section 107-108 of the Administration of Criminal Justice Act 2015
Section 107 and 108 of the Administration of Criminal Justice Act 2015 is under PART 11 (CONTROL OF CRIMINAL PROCEEDINGS BY THE ATTORNEY-GENERAL) of the Act.
Section 107 Administration of Criminal Justice Act 2015
Discontinuance of criminal cases
(1) In any criminal proceeding for an offence created by an Act of the National Assembly, and at any stage of the proceeding before judgment, the Attorney-General of the Federation may discontinue the proceedings either by stating in court or informing the court in writing that the Attorney-General of the Federation intends that the proceedings shall not continue and based on the notice the suspect shall immediately be discharged in respect of the charge or information for which the discontinuance is entered.
(2) Where the suspect:
(a) has been committed to prison, he shall be released; or
(b) is on bail, the recognizance shall be discharged.
(3) Where the suspect is not:
(a) before the court when the discontinuance is entered, the registrar or other proper officer of the court shall immediately cause notice in writing of the entry of the discontinuance to be given to the officer in charge of the prison or other place in which the suspect may be detained and the notice shall be sufficient authority to discharge the suspect; or
(b) in custody the court shall immediately cause notice in writing to be given to the suspect and his sureties and shall in either case cause a similar notice in writing to be given to any witnesses bound over to prosecute.
(4) Where discontinuance is entered in accordance with the provisions of this section, the discharge of a suspect shall not operate as a bar to any subsequent proceedings against him on account of the same facts.
Section 108 Administration of Criminal Justice Act 2015
Withdrawals from prosecution in trials and inquiries before a court
(1) In any trial or proceedings before a court, a prosecutor, may, or on the instruction of the Attorney-General of the Federation, in case of offence against an Act of the National Assembly, may, at any stage before judgment is pronounced withdraw the charge against any defendant either generally or in respect of one or more of the offences with which the defendant is charged.
(2) On the withdrawal, where it is made:
(a) before the defendant is called upon to make his defence, he shall be discharged of the offence,
(b) after the defendant is called upon to make his defence, he shall be acquitted of the offence.
(3) In any trial before a court in which the prosecutor withdraws in respect of the prosecution of an offence before the defendant is called upon to make his defence, the court may in its discretion order the defendant to be acquitted if it is satisfied on the merits of the case that the order is a proper one, and when an order of acquittal is made, the court shall endorse its reasons for making the order on the record.
(4) Where a private prosecutor withdraws from a prosecution for an offence under the provisions of this section, the court may, in its discretion, award costs against the prosecutor.
(5) A discharge of a defendant under this section does not operate as a bar to subsequent proceedings against him on account of the same facts, except as otherwise provided under this section.
