Section 349: Non-appearance and non-representation of legal practitioner

(1) Where a defendant charged before the court is not represented by a legal practitioner, the court shall:
(a) inform him of his rights to a legal practitioner of his choice; and
(b) enquire from him, whether he wishes to engage his own legal practitioner, or a legal practitioner engaged for him by way of legal aid.
(2) Where the legal practitioner who had appeared on behalf of the defendant ceases to appear in court in two consecutive sessions of the court, the court shall enquire from the defendant if he wishes to engage on his own another legal practitioner or a legal practitioner engaged for him by way of legal aid.
(3) Where the defendant wishes to engage another legal practitioner of his choice, the court shall allow him reasonable time but not exceeding 30 days to do so.
(4) Where the defendant fails, or is unable to secure a legal practitioner arranged by him after a reasonable time, the court may direct that a legal practitioner arranged by way of legal aid to represent the defendant.
(5) The court may assign to any legal practitioner whose place of practice is within the jurisdiction of the court, any case of a defendant who has no legal representation, and the legal practitioner shall undertake the defence of the defendant with all due diligence, in which case, the legal practitioner shall not pay any filing fee or service fee in respect of the case so assigned.
(6) Where the defendant chooses to represent himself, the court shall:
(a) inform him of all his rights under the Constitution of the Federal Republic of Nigeria and under this Act; and
(b) indicate the fact of having so informed the defendant on the record, but a defendant charged with a capital offence or an offence punishable with life imprisonment shall not be allowed to represent and defend himself.
(7) A legal practitioner other than a law officer, engaged in any matter shall be bound to conduct the case on behalf of the prosecution or defendant until final judgment, unless allowed for any special reason to cease from acting by the Court of its own motion or upon application by the legal practitioner.
(8) Where a legal practitioner intends to disengage from a matter, he shall notify the Court, not less than three days before the date fixed for hearing and such notice shall be served on the Court and all parties.