Section 376: Case files, legal advice, and related proceedings

(1) Where an offence for which the Magistrate court has no jurisdiction to try is preferred against a defendant, the police shall at the end of investigation submit the original case file to the office of the Attorney-General of the Federation.
(2) The Attorney-General of the Federation shall, within 14 days of receipt of the police case file, issue and serve his legal advice indicating whether or not there is a prima facie case against the defendant for which he can be prosecuted.
(3) Where the Attorney-General of the Federation is of the opinion as contained in the legal advice that the suspect has no prima facie case to answer, he shall serve a copy of the legal advice on:
(a) police or the head of the police legal unit through whom the police case file was sent to the Attorney-General of the Federation.
(b) court before whom the suspect was remanded in prison, where he is in remand custody, or before whom the suspect was granted bail, where he is on bail; and
(c) suspect in respect of whom legal advice is preferred through the prison authority, where the suspect is remanded in custody, or through his legal representative, if any;
(4) Where the offence is one for which a Magistrate court has jurisdiction to try, the prosecutor shall file the charge at the Magistrate's court, accompanied with:
(a) the list of witnesses and their addresses;
(b) the list of exhibits;
(c) statements of the witnesses and of the defendant; and
(d) any report, document or material that the prosecution intends to rely on at the trial of the offence, but the prosecution may, with leave of the court, file and serve any additional document.
(5) The police or the officer in charge of the prison in which the suspect is remanded in custody shall on receipt of the legal advice release the suspect immediately from detention where there is no case to answer.
(6) The court referred to in subsection (4) (b) of this section, shall on receipt of the legal advice, dismiss the charge against the suspect and accordingly discharge the suspect.
(7) The Attorney-General of the Federation shall send a Law Officer in his office to the court where the order of remand was made and ensure the discharge of the remand order and of the suspect.
(8) Where the Attorney-General of the Federation is of the opinion as contained in the legal advice that the suspect has a prima facie case to answer, he shall file and serve the charge or information in accordance with the provisions of this Act.
(9) A form as prescribed in the First Schedule to this Act, indicating a desire to be represented by legal practitioner of his choice or by a legal practitioner from the Legal Aid Council or any other organisation providing free legal representation to defendants shall be attached to each legal advice for the purpose of endorsement by the person in respect of whom legal advice is preferred and against whom the information is filed.
(10) Where the defendant indicates in the form referred to in subsection (8) of this section that he wishes to be represented by a legal practitioner of the Legal Aid Council or any other organisation providing free legal representation, he shall forward the form to the Chief Registrar of the court before whom the charge or information for his trial has been filed and the Chief Registrar shall, within 14 days of receipt of the form, ensure that a legal practitioner of the Legal Aid Council as stipulated under subsection (10) or any other organization providing free legal representation for the defendant, and by notice in writing inform the defendant of the particulars of the legal representation arranged for him.
(11) The Chief Register shall upon getting the form forward same to the Director-General of the Legal Aid Council or to the nearest Legal Aid Council office where the court is located.