Order 43 — Arrest of Absconding Defendant

Where in any action the Defendant is about to leave Nigeria or has disposed of, or removed from Nigeria, his property or any part thereof or is about to do so, the Claimant may either at the institution of the suit or at any time thereafter until final Judgement, apply by ex-parte Motion to the Judge for an Order that the Defendant should provide security for his appearance to answer and satisfy any Judgement that may be entered against him in the suit.

(1) Where the Judge, after hearing the application is of the opinion that there is probable cause for believing that the Defendant is about to leave Nigeria or has disposed of or removed from Nigeria his property or any part thereof, or is about to do so, and that by reason thereof, the execution of any Judgement which may be entered against him is likely to be frustrated, obstructed or delayed, the Judge shall issue a Warrant to bring the Defendant before him to show cause why he should not give good and sufficient bail for his appearance, and security to satisfy any Judgement that may be entered against him in the suit.

(2) The Defendant shall be brought to Court within two days of the execution of the Warrant.

Where the Defendant fails to show cause, the Judge shall order him to give bail for his appearance at any time when called upon while the suit is pending and until execution or satisfaction of any Judgement, and the surety or sureties shall undertake in default of such appearance and satisfaction to pay any sum of money that may be adjudged against the Defendant in the suit with costs.

(1) Where a Defendant offers to deposit a sum of money in lieu of bail for his appearance sufficient to answer the claim against him, with costs of the suit, the Judge may order such deposit and direct that the deposit be paid into an interest yielding account in a bank.

(2) Where a Defendant offers security other than money in lieu of bail for his appearance sufficient to answer the claim against him, the Judge may make such Order as he may deem fit in the circumstance.

(1) If the Defendant fails to furnish security or offer sufficient deposit, the Judge may commit him into custody until the decision of the suit, or if Judgement has been given against the Defendant, until the execution of the Judgement.

(2) Committal to custody under this Rule shall not exceed a period of six months.

(3) The Judge may at any time upon reasonable cause being shown and upon such terms as to security or otherwise as may seem just, release the Defendant.

(4) The application may be made to the Court in any Judicial Division in which the Defendant may be, and such Court may issue the warrant for detaining the Defendant and bringing him before the Court where the suit is pending, and may make such further Order as shall seem just.

(5) Where the Warrant is issued by a different Court from that in which the suit is pending, such Court shall, on the application of either of the parties, transmit the application and the evidence therein to the Court in which the suit is pending and take sufficient security for the appearance of the Defendant in Court, or send him there in the custody of an officer of the Court.

(6) Upon the transfer of the Defendant to the Court in which the suit is pending, the matter shall be proceeded with in accordance with the foregoing provisions in such manner as shall seem just.

The expenses incurred for the subsistence in custody of the person so arrested shall be paid by the Claimant in the action in advance and the amount so disbursed may be recovered by the Claimant in the suit, unless the Judge shall otherwise order. The Judge may release the person so confined on failure by the Claimant to pay the subsistence money or in case of serious illness, order his removal to hospital.

Claimant in this Order shall include any person originating a suit by Originating Motion, Petition, Originating Summons or Writ of Summons.