Section 98C of the Criminal Code Act in Nigeria. Restrictions on arrest and prosecution of judicial officers for offences under sections 98 to 98B

(1) A judicial officer cannot be arrested without warrant for an offence under section 98, 98A or 98B of this Code.

[1966 No. 84.]

(2) No proceedings for an offence under section 98, 98A or 98B of this Code shall be instituted against a judicial officer except on a complaint or information signed by or on behalf of the Attorney‐ General of the Federation or by or on behalf of the Attorney‐General of the State in which the offence is alleged to have been committed.

(3) In this section, "judicial officer" means, in addition to the officers mentioned in the definition

of that expression contained in section 1 (i) of this Code‐

(a) a member of a customary court;

(b) a member of a juvenile court;

(c) an arbitrator, umpire or referee;

(d) a person called upon to serve as an assessor in any civil or criminal proceedings;

(e) a member of a jury;

(f) a member of a tribunal of inquiry constituted under the Tribunals of Inquiry Act; and [Cap. T21.]

(g) any person before whom, under any law in force in Nigeria or any part thereof, there may be held proceedings in which evidence may be taken on oath.

[1966 No. 84.]

Section 98C of the Criminal Code Act in Nigeria

Act structure