Section 135: Power to dispense with personal attendance of defendant in certain cases

(1) Where a Magistrate issues a summons in respect of any offence for which the penalty is a fine not exceeding Ten thousand Naira or imprisonment for a term not exceeding six months or both, the Magistrate on application of the defendant:
(a) may dispense with the personal attendance of the defendant where the offence is punishable by fine or imprisonment or both; and
(b) shall dispense with personal attendance of the defendant where the offence is punishable by fine only if the defendant pleads guilty in writing or appears and so pleads by his legal practitioner.
(2) The Magistrate trying a case in which the presence of the defendant has been dispensed with may, in his discretion, at any subsequent stage of the proceedings, direct the personal attendance of the defendant and, if necessary, enforce the attendance by means of the issue of a warrant to arrest the defendant and bring him before the court.
(3) Where a Magistrate imposes a fine on a defendant whose personal attendance has been dispensed with under this section, the Magistrate may at the same time direct that if the fine is not paid within a stated time, the amount shall be recovered by distress or that the defendant shall be imprisoned for a period calculated in accordance with the provisions contained in this Act for the non-payment of a fine.
(4) Where the attendance of a defendant is dispensed with and previous convictions are alleged against him not admitted in writing or through his legal practitioner, the court may adjourn the proceedings and direct the personal attendance in the same manner as provided in sub-section (2) of this Section.
(5) Where the attendance of a defendant has been dispensed with, and his attendance is subsequently required, the cost of any adjournment for that purpose shall be borne by the defendant.