Section 255-269 of the Administration of Criminal Justice Act 2015

Section 255 to 269 of the Administration of Criminal Justice Act 2015 is under PART 27 (EXAMINATION OF WITNESSES) of the Act.

Section 255 Administration of Criminal Justice Act 2015

Application of the Evidence Act

Subject to the provisions of any other law, the examination of witnesses shall be in accordance with the provisions of the Evidence Act.

Section 256 Administration of Criminal Justice Act 2015

Power to call or recall witnesses

The court may, at any stage of any trial, inquiry or other proceedings under this Act, either of its own motion or on application of either party to the proceeding call a person as a witness or recall and re-examine a person already examined where his evidence appears to the court to be essential to the just decision of the case.

Section 257 Administration of Criminal Justice Act 2015

Certificates of certain Government technical officers

A certificate signed by any of the officers named in section 55 of the Evidence Act, shall be admissible in evidence in accordance with the provisions of that Act.

Section 258 Administration of Criminal Justice Act 2015

Right of reply

In a case where the right of reply depends on the question whether evidence has been called for the defence, the fact that the defendant charged has been called as a witness shall not of itself confer on the prosecution the right of reply, but a law officer for the prosecution shall in all cases have the right of reply.

Section 259 Administration of Criminal Justice Act 2015

Public to have access to hearing

(1) Subject to the provisions of sections 232, 260 to 262 of this Act and of any other law specifically relating thereto, the room or place in which a trial is to take place under this Act shall be an open court to which the public generally may have access as far as it can conveniently contain them.

(2) Notwithstanding the provisions of subsection (1) of this section, the Judge or Magistrate presiding over a trial may, in his discretion and subject to the provisions of section 260 of this Act, exclude the public at any stage of the hearing on the grounds of public policy, decency or expedience.

(3) Where the court is sitting in a place other than in a building, the authority given in subsection (2) of this section to exclude the public shall be construed as being authority to prevent the public approaching so near to where the court is sitting, as in the opinion of the Judge or Magistrate, to be able to hear what is taking place at the trial or be able to communicate with a person allowed to be present.

Section 260 Administration of Criminal Justice Act 2015

Court may exclude certain persons while taking evidence of a child or young person

Where a person who, in the opinion of the court has not attained the age of eighteen is called as witness in any proceedings in relation to an offence against or any conduct contrary to decency or morality, the court may direct that all or any persons not being:
(a) members or officers of the court; or

(b) parties to the case, their legal representatives or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of such person.

Section 261 Administration of Criminal Justice Act 2015

Order under section 259 or 260 not to apply to press and certain others

(1) An order made under section 259 or 260 of this Act excluding the public from a court shall not unless specifically stated:
(a) authorise the exclusion of bona fide representatives of a newspaper or news agency; or

(b) apply to messengers, clerks and other persons required to attend the court for purposes connected with their employment.

(2) Where an order is made, the Court shall record the grounds on which the order is taken.

Section 262 Administration of Criminal Justice Act 2015

Prohibition on children being present in court during the trial of other persons

An infant, other than an infant in the arms of parent or guardian, or child shall not be permitted to be present in court during the trial of a defendant charged with an offence or during any proceedings preliminary to the trial:
(a) he is the defendant charged with the alleged offence; or

(b) his presence is required as a witness or otherwise for the purposes of justice in which event he may remain for so long as his presence is necessary.

Section 263 Administration of Criminal Justice Act 2015

Visit by court to locus

(1) Where it appears to the court that in the interest of justice, the court should have a view of any place, person or thing connected with the case, the court may, where the view relates to a place, either adjourn the court to that place and there continue the proceedings or adjourn the case and proceed to view the place, person or thing concerned.
(2) The defendant shall be present at the view of the place, person or thing concerned.
(3) At the locus, the court shall give directions as it may deem fit for the purpose of preventing communication between the witnesses and the defendant.
(4) A breach of a direction given under subsection (3) of this section shall not affect the validity of the proceedings unless the court otherwise directs.

Section 264 Administration of Criminal Justice Act 2015

Determination of age

(1) Where the age of a person is in issue in any criminal proceedings, the court may determine the question by taking into account one or both of the following:
(a) the apparent physical appearance of the person concerned;

(b) any evidence, in relation to the age of the person concerned, received by the court in accordance with the provisions of the Evidence Act, the Child Rights Act, or any other law in force.

(2) The evidence of a witness, who is not an expert within the meaning of section 68 of the Evidence Act, 2011, shall be admissible for the purpose of this section.

(3) An order or judgment of the court shall not be invalidated by any subsequent proof that the age of the person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of that person shall, for the purpose of this Act, be deemed to be the true age of that person.

Section 265 Administration of Criminal Justice Act 2015

Age in relation to offences

Where in a charge for an offence, it is alleged that the person by or in respect of whom the offence was committed was a child under or above a specified age, and he appears to the court to have been at the date of the commission of the alleged offence a child under or above the specified age, as the case may be, he shall, for the purposes of this Act, be presumed at that date to have been a child or to have been under or above that age, as the case may be, unless the contrary is proved.

Section 266 Administration of Criminal Justice Act 2015

Presence of defendant at trial

A defendant shall, subject to the provisions of Section 135 of this Act, be present in court during the whole of his trial unless:
(a) he misconducts himself in such a manner as to render his continuing presence impracticable or undesirable; or

(b) at the hearing of an interlocutory application.

Section 267 Administration of Criminal Justice Act 2015

Conduct of cases by legal practitioner for complainant or for defendant

(1) The complainant and defendant shall be entitled to conduct their cases by a legal practitioner or in person except in a trial for a capital offence or an offence punishable with life imprisonment.

(2) Where the defendant is in custody or on remand he shall be allowed access to his legal practitioner at all reasonable times.

(3) Where the defendant elects to defend himself in person, the court shall inform him of his rights within the trial and the consequences of his election.

(4) The Court shall ensure that the defendant is represented by counsel in capital offences provided that a defendant who refuses to be represented by counsel shall, after being informed under section 349 (6) of this Act of the risks of defending himself in person, be deemed to have elected to defend himself in person and this shall not be a ground to void the trial.

Section 268 Administration of Criminal Justice Act 2015

General control of prosecution by the Attorney-General

(1) Where a private legal practitioner prosecute on behalf of the Attorney-General of the Federation or a public officer prosecuting in his official capacity in any criminal proceedings, the private legal practitioner or public officer shall prosecute subject to such direction as may be given by the Attorney-General of the Federation.

(2) Where proceedings in respect of an offence is instituted by a police officer, it shall be in the name of the Inspector-General of Police, as the case may be.

(3) Where a proceeding in respect of an offence is instituted on behalf of the Attorney-General of the Federation, it shall be in the name of the Federal Republic of Nigeria.

(4) The Attorney-General of the Federation may delegate to the Attorney-General of a State the powers conferred on him by this section either generally or with respect to any offence or class of offences and such offence shall be prosecuted in the name of the Federal Republic of Nigeria.

(5) Such powers so delegated to the Attorney-General of a State may be exercised directly by him or any officer in his Ministry or department.

Section 269 Administration of Criminal Justice Act 2015

Position in court of person summoned

Where a defendant appears before a court on a summons, he may be required to enter the dock or to stand or sit adjacent to it, as may be directed by the court.