CAP. 75
Criminal Procedure Code
[Rev. 2012]
Provided that—
(i) proceedings before a subordinate court previous to the committal of
an accused person for trial or to the determination of the court that the
offender is to be put upon his trial shall not be deemed proceedings
for the trial of the offence committed by the offender for the purposes
of the consent and certificate;
(ii) it shall not be necessary to aver in a charge or information that the
consent or certificate of the Director of Public Prosecutions required
by this section has been given, and the fact of their having been
given shall be presumed unless disputed by the accused person at
the trial; and the production of a document purporting to be signed
by the Director of Public Prosecutions and containing the consent
and certificate shall be sufficient evidence for all the purposes of this
section of that consent and certificate;
(iii) this section shall not prejudice or affect the trial of an act of piracy as
defined by the Law of Nations.
(2) In this section, “offence” means an act, neglect or default of such
a description as would, if committed in England, be punishable on indictment
according to the law of England for the time being in force.
[Act No. 13 of 1967, First Sch., L.N. 299/1956, L.N. 172/1960, L.N.
474/1963, Act No. 6 of 1989, Second Sch., Act No. 12 of 2012, Sch.]
COMPELLING ATTENDANCE OF WITNESSES
144. Summons for witness
(1) If it is made to appear that material evidence can be given by or is in the
possession of a person who will not voluntarily attend to give it or will not voluntarily
produce it, a court having cognizance of a criminal cause or matter may issue a
summons to that person requiring his attendance before the court or requiring him
to bring and produce to the court for the purpose of evidence all documents and
writings in his possession or power which may be specified or otherwise sufficiently
described in the summons.
(2) Nothing in this section shall affect the provisions of sections 131 and 132
of the Evidence Act (Cap. 80).
[Act No. 46 of 1963, s. 183.]
145. Warrant for witness who disobeys summons
If, without sufficient excuse, a witness does not appear in obedience to the
summons, the court, on proof of the proper service of the summons a reasonable
time before, may issue a warrant to bring him before the court at the time and place
as shall be therein specified.
146. Warrant for witness in first instance
If the court is satisfied by evidence on oath that the person will not attend unless
compelled to do so, it may at once issue a warrant for the arrest and production of
the witness before the court at a time and place to be therein specified.
[Issue 1]
C44 - 58
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