Criminal Justice (Release from Custody) (Special Provisions) Act

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CRIMINAL JUSTICE (RELEASE FROM CUSTODY) (SPECIAL PROVISIONS) ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Power of Chief Justice and Chief Judges to order release of persons detained in certain cases.

CRIMINAL JUSTICE (RELEASE FROM CUSTODY)

(SPECIAL PROVISIONS) ACT

An Act to empower the Chief Justice of Nigeria and the Chief Judge of a State to order the release of persons detained in prisons in the circumstances specified in this Act.

[1977 No. 19.]

[8th March, 1977]

[Commencement.]

1. Power of Chief Justice and Chief Judges to order release of persons detained in certain cases

(1) Where, in respect of any person detained in any prison in Nigeria, not being a person detained in execution of a sentence of a court or tribunal duly constituted by law, the Chief Justice of Nigeria or the Chief Judge of a State is satisfied that the-

(a) detention of that person is manifestly unlawful; or

(b) person detained has been in custody, whether on remand or otherwise, for a period longer than the maximum period of imprisonment which the person detained could have served had he been convicted of the offence in respect of which he was detained,

the Chief Justice or the Chief Judge may issue an order of release to the officer in charge of the prison and such officer shall on receipt of the order release the person named therein.

(2) In this section “prison” has the same meaning as in the Prisons Act.

[Cap. P29.]

2. Short title

This Act may be cited as the Criminal Justice (Release from Custody) (Special Provisions) Act.

CRIMINAL JUSTICE (RELEASE FROM CUSTODY) (SPECIAL PROVISIONS) ACT

SUBSIDIARY LEGISLATION

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No Subsidiary Legislation

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