[Sections 44(1) and 46.]

RULES OF PROCEDURE FOR THE ADVERTISING OFFENCES TRIBUNAL

SECTION 1: Commencement of Trial

The trial of offences under this Act shall commence by way of an application, supported by a summary of evidence or affidavit to the Tribunal by the prosecutor.

SECTION 2: Order of the Defendant to Appear

Where, after the perusal of the application and the summary of evidence, affidavit or any further evidence in such forms as the Tribunal may consider necessary, the Tribunal is satisfied that any person appears to have committed an offence provided under this Act, it shall cause that person to be brought before the Tribunal on such date and such time as it may direct.

SECTION 3: Commencement of Trial

(1) When the Tribunal is ready to commence a trial, the defendant shall be brought before it and the Tribunal shall read or cause to be read to him the substance of the complaint against him and he shall be asked whether he is guilty of the offences charged.

(2) If the defendant pleads guilty, the plea should be recorded and he may in the discretion of the Tribunal be convicted.

SECTION 4: Plea of Not Guilty or No Plea

If the defendant pleads not guilty, or makes no plea, or refuses to plead or if the Tribunal enters a plea of not guilty on behalf of the defendant, the Tribunal shall proceed to hear the case.

SECTION 5: Presentation of the Case of the Prosecution

(1) After a plea of not guilty has been taken or no plea has been made, the prosecutor may open the case against the defendant, stating shortly by what evidence he intends to proof the guilt of the defendant.

(2) The prosecutor shall then examine the witness for the prosecution whom may be crossed-examined by the defendant or his counsel and may thereafter be re-examined by the prosecutor.

SECTION 6: Procedure after Presentation of Evidence by the Prosecutor

(1) After the conclusion of the presentation of evidence by the prosecutor, the Tribunal shall ask the defendant—

(a) whether he wishes to give evidence on his own behalf; and

(b) whether he intends to call any witness other than witness as to character.

(2) If the defendant says that he does not intend to call any witness other than witness as to character, the prosecutor may sum up his case against the defendant and the Tribunal shall then call upon the defendant to enter upon his defence.

(3) Notwithstanding the provision of subparagraph (2), the Tribunal may, if after hearing the evidence against the defendant or any of several defendants it considers the evidence not sufficient to justify the continuation of the trial, record the finding of not guilty in respect of such defendant without calling upon him or them to enter upon their defence and such defendant shall thereupon be discharged and acquitted and the Tribunal shall then call upon the remaining defendants, if any, to enter upon their defence.

(4) If the defendant or any one of the several defendants says that he intends to call any witness other than a witness as to character, the Tribunal shall call upon the defendant to enter upon his defence.

(5) Notwithstanding the provision of subparagraph (4), the Tribunal may, before calling the defendant to enter upon his defence, call upon the prosecutor to sum up his case against any one or more of the defendants against whom it considers if not sufficient to justify the continuation of the trial and, after hearing the summing up if any in its discretion record a finding of not guilty in respect of any such defendant or call upon any of them to enter upon his or their defence.

SECTION 7: Defence

When the Tribunal calls upon the defendant to enter his defence, the defendant or his counsel may open his case stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution, and the defendant may then give evidence on his own behalf, examine his witnesses, if any and, after their cross examination and reexamination, if any the defendant or his counsel may sum up his case.

SECTION 8: Right of Prosecutor to Reply

(1) If the defendant or any of the defendants calls any witness, other than a witness as to character, or any document, other than a document relating to character, is put in evidence for the defence, a prosecutor shall be entitled to reply.

(2) If the defendant has called only evidence as to character the prosecutor may at the close of the case for the defence adduce evidence of previous conviction of the defendant.

(3) Notwithstanding subparagraphs (1) and (2), the prosecution may, with leave of the Tribunal, be held a reply on a point of law on any new matter or evidence, other than evidence as to character introduce by the defendant.

SECTION 9: Retirement to Consider Finding

When the case of the defence and the reply of the prosecution if any, are concluded and the tribunal does not desire to put any further question to the defendant, the Tribunal shall retire or adjourn to consider its finding.

SECTION 10: Announcement of Finding

After the Tribunal has made its finding, the chairman shall announce such finding where the defendant is found guilty, he shall impose the appropriate penalty prescribed in this Act, and issue an appropriate order accordingly.

SECTION 11: Issues of Summons for the Witness

If the Tribunal is satisfied that any person is likely to give material evidence for the prosecution or for the defence, the Tribunal may issue a summons to such person requiring him to attend at a time and place mentioned therein, before the Tribunal to give evidence in respect of the case and to bring any specified document or things and any other documents or things relating thereto which may be in his possession or power under his control.

SECTION 12: Warrant of Witness after Summons

If the person to whom any such summons is directed does not attend before the Tribunal at the time and the place mentioned therein and does not appear to the Tribunal on inquiry to be any reasonable excuse for such nonattendance, then after proof to the satisfaction of the Tribunal that the summons was duly served or that the person to whom the summons is directed, willfully avoided service, the Tribunal, on being satisfied that such person is likely to give material evidence, may issue a warrant to apprehend him and to bring him, at the time and place to be mentioned in the warrant, before the Tribunal in order to testify.

SECTION 13: Local Inspection

It shall be the duty of the Tribunal to make or cause to be made such local inspection as the circumstance of the case may require.

SECTION 14: Note of Evidence to be Taken

The Chairman or any other member of the Tribunal authorised by the Chairman in that behalf shall in every case, take note in writing of the oral evidence, or so much as he considers material, in a book to be kept for that purpose and such book shall be signed by the Chairman and not less than two other members of the Tribunal including the person who took down the note, at the conclusion of each day’s proceedings.

SECTION 15: Forms

Subject to any express provision of this rules, the forms contained in annex to this rule may, in accordance with any instructions contain in the forms, and with such variation as the circumstance of the particular case may require, be use in the case to which they apply, and when so used shall be good and sufficient in law.

FORMS

FORM 1: Application to Commence Trial

Pursuant to section 34 and 36 of the Tribunal for the trial of offences under the Advertising Regulatory Council of Nigeria Act, I hereby apply to the commencement of the trail for the offence of under Section of the Act against the under mentioned person(s):

(i)

(ii)

In support of this application, I attach hereto copies of the summary of evidence or affidavit for the consideration of the Tribunal.

If this application is granted, I shall be relying on the facts disclose in the summary of evidence and any further evidence the Tribunal may consider necessary at the trial. I attach hereto 5 copies of the charge against the Defendant. A list of the deponents and their addresses is also attached for the purpose of issuing summons to them.

FORM 2: Summons to the Defendant

IN THE TRIBUNAL FOR THE TRIAL OF OFFENCES UNDER THE ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT

To A. B

Complaint has been made this day by for that on the day of at in the aforesaid

You are therefore summoned to appear before the Tribunal mentioned above sitting at on to answer the said complaint.

DATED this day of 20

Chairman of the Tribunal

*state concisely the substance of the offence

FORM 3: Warrant for the Apprehension of the Defendant

TRIBUNAL FOR THE TRIAL OF OFFENCES UNDER THE ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT

Between

Federal Republic of Nigeria

and

The Defendant

To. Police officer, complaint has been made on. of. by that. hereinafter called the defendant, on the. day of. 20. Did * you are hereby commanded to bring the Defendant before the Tribunal mentioned above sitting at on. to answer the said complaint and to be dealt with according to the law.

DATED the day of 20.

Chairman of the Tribunal

*state concisely the substance of the offence.

FORM 4: Summons to Witness

TRIBUNAL FOR THE TRIAL OF OFFENCES UNDER THE ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT

Between

Federal Republic of Nigeria

and

The Defendant

To: (i)

(ii)

Has been charged by: (iii) at that he did (iv) and it appearing to me on the application of (iii) that you are likely to give material evidence therein on behalf of the prosecutor or Defendant.

You are therefore summoned to appear before the Tribunal named above sitting at on the day of 20. at the hour of noon to testify on what you know in such matter.

DATED this day of 20.

Chairman of the Tribunal

(i) insert name of witness.
(ii) insert name of the Defendant.
(iii) insert name of the Prosecutor.
(iv) state concisely the substance of the offence.

FORM 5: Warrant for the Apprehension of Witness in the First Instance

TRIBUNAL FOR THE TRIAL OF OFFENCES UNDER THE ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT

To: A.B.

has been charged by for that he on the day of at in the state aforesaid did* me by the oath that is likely to give material evidence concerning the said matter and that is probable he will not attend to give evidence unless compelled to do so.

You are therefore hereby commanded to bring him before the tribunal in the above sitting at. Forthwith to testify what he knows concerning the said matter.

DATED the day of 20.

Chairman of the Tribunal

• State concisely the substance of the offence.

FORM 6: Warrant for the Apprehension of Witness

TRIBUNAL FOR THE TRIAL OF OFFENCES UNDER THE ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT

Between

Federal Republic of Nigeria

and

The Defendant

To. was duly summoned to appear before the Tribunal named the above sitting at on on at the hour of on, noon, to testify what he knows concerning a certain complaint against

And he has neither appeared thereto, nor offered any just excuse for his neglect.

And it has been proved on oath that the summons has been duly served on him and that a reasonable sum has been paid or tendered to him for his cost and expenses in that behalf.

You are therefore commanded to bring him before the tribunal named above sitting at forthwith to testify to what he knows concerning the said matter.

DATED the day of 20

Chairman of the Tribunal

(i) Insert name of witness.

FORM 7: Warrant for Commitment of Witness

TRIBUNAL FOR THE TRIAL OF OFFENCES UNDER THE ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT

Between

Federal Republic of Nigeria

and

The Defendant

To. and to the Superintendent of Nigeria Correctional Service, (i) having appeared or being brought before the tribunal named above sitting at on the day of 20. to testify what he knows concerning a certain matter against (ii) refused to take an oath (or having taken an oath) refused to answer any (or a certain) question put to him concerning the matter and did not offer any just excuse for his refusal.

You, the said police officer, are hereby commanded to convey the said safely to Nigeria Correctional facility and deliver to the Superintendent thereof, together with this warrant and you, the Superintendent of the said correctional facility, to receive him into your custody and keep him for the period of Unless, he in the main time consent to be examined and to answer concerning the matter.

DATED the. day of 20.

Chairman of the Tribunal

(i) Insert name of witness.
(ii) Insert name of defendant.

FORM 8: Commitment of Reward

TRIBUNAL FOR THE TRIAL OF OFFENCES UNDER THE ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT

Between

Federal Republic of Nigeria

and

The Defendant

To officer in charge of Police Station and to the Superintendent of prison (i) hereinafter called the accused being brought before the Tribunal named above, sitting at charged with having (ii)

The hearing of the case being adjourned.

You, the said police officer, are hereby commanded to convey the defendant back to custody at to the correctional facility and thereto deliver him to the chief superintendent of the said correctional facility, and to receive him into your custody, and keep him until the day of 20. and on that day to convey him before the said tribunal at the hour of in the noon to be further dealt with according to the law.

DATED the . day of . 20.

Chairman of the Tribunal

(i) insert name of accused.
(ii) state the offence or offences.

FORM 9: Warrant of Conviction

TRIBUNAL FOR THE TRIAL OF OFFENCES UNDER THE ADVERTISING REGULATORY COUNCIL OF NIGERIA ACT

Between

Federal Republic of Nigeria

and

The Defendant

20. appeared before the Tribunal named above sitting at is this convicted for that he, on the day of 20.

Chairman of Tribunal

(i) insert name of accused.
(ii) state the offence or offences for which accused is being convicted.
(iii) insert the Tribunal sentence.
(iv) insert name of accused.

I, certify, in accordance with Section 2 (1) of the Acts Authentication Act, Cap. A2, Laws of the Federation of Nigeria 2004, that this is a true copy of the Bill passed by both Houses of the National Assembly.

Oko O.A., finia, fcia
Clerk to the National Assembly
27th Day of June, 2022.