ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

Section 352: Non-appearance of defendant

2015Section 352 of 495Federal Republic of Nigeria

(1) Where a case is called in which summons has been issued and the defendant does not appear, or pleads guilty under the provisions of section 135 of this Act, and no sufficient excuse is offered for his absence, then the court where it is:
(a) where satisfied that the summons, if any, has been duly served, may issue a warrant, called bench warrant for his arrest; or
(b) where not satisfied that the summons has been duly served or where a warrant had been issued, in the first instance, for the arrest of the defendant,
shall adjourn the hearing of the case to some future day, in order that proper service may be effected or, until the defendant is arrested, as the case may be.
(2) Where the defendant is afterward, arrested on a bench warrant, he shall be brought before the court immediately which may then commit him by warrant to prison or to such other place of safe custody as it thinks fit, and order him to be brought before the court at a certain time and place.
(3) The complainant shall, by direction of the court, be served due notice of the time and place ordered under subsection (2) of this section.
(4) Where the court, in exercise of its discretion, has granted bail to the defendant and the defendant, in disregard for the court orders, fails to surrender to the order of court or fails to attend court without reasonable explanation, the court shall continue with the trial in his absence and convict him unless the court sees reasons otherwise, provided that proceedings in the absence of the defendant shall take place after two adjournments or as the court may deem fit.
(5) The Court shall impose a sentence only when the defendant is arrested or surrenders to the custody of the court.

Cite this section

Section 352, ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 (2015).

https://repo.podus.ai/laws/administration-of-criminal-justice-act-2015/section/352/