Order 45 — Arrest of Absconding Defendant

Where in any suit the defendant is about to leave Nigeria or has disposed of or removed his property from the country or is about to do so, the plaintiff or applicant may make an application to the Court that security be taken for the appearance of the defendant to answer to satisfy any Judgement that may be passed against him in the suit.

(1) Where the Judge after making such investigation as he may consider necessary is of opinion that there is probable cause for believing that the defendant is about to leave Nigeria or has disposed of or removed his property or any part of it out of the country while the suit is pending and consequently the execution of any Judgement which may be made against him is likely to be obstructed or delayed; the Judge shall issue a warrant to bring the defendant before him, that he may show cause why he should not give good and sufficient recognizance for his appearance.

(2) The defendant shall be brought to Court within 2 days of the execution of the warrant.

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

(1) Where a defendant offers to deposit a sum of money in lieu of recognizance for his appearance, sufficient to answer the claim against him, with cost of the suit the Judge may accept 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 accept such security and make such order as may deem fit in the circumstance.

(1) Where the defendant fails to furnish security or offer a sufficient deposit the Judge may commit him into custody until the decision of the suit or where Judgement has been given against the defendant until the execution of the Judgement.

(2) A committal to custody under this rule shall not exceed a period of 6 months at a time.

(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.

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