ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

Section 396: Time for raising certain objections, day-to-day trial and adjournments

2015Section 396 of 495Federal Republic of Nigeria

(1) The defendant to be tried on an information or charge shall be arraigned in accordance with the provisions of this Act relating to the taking of pleas and the procedure on it.
(2) After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment.
(3) Upon arraignment the trial of the defendant shall proceed from day-to-day until the conclusion of the trial.
(4) Where day-to-day trial is impracticable after arraignment, no party shall be entitled to more than five adjournments from arraignment to final judgment: provided always that the interval between each adjournment shall not exceed 14 working days.
(5) Where it is impracticable to conclude a criminal proceeding after the parties have exhausted their five adjournments each, the interval between one adjournment to another shall not exceed seven days inclusive of weekends.
(6) In all circumstances, the court may award reasonable costs in order to discourage frivolous adjournments.
(7)
Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time.
Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.

Cite this section

Section 396, ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 (2015).

https://repo.podus.ai/laws/administration-of-criminal-justice-act-2015/section/396/