Defendant leaving jurisdiction or removing property. 1. If in any suit the defendant is about to leave Nigeria or has disposed of or removed from the country his property or any part thereof 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 Judgment that may be passed against him in the suit. Warrant to arrest. 2. (1) If the judge after making such investigation as he may consider necessary shall be 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 thereof out of the country while the suit is pending and that by reason thereof the execution of any Judgment 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 two days of the execution of the warrant. Bail for appearance or satisfaction. 3. If 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 i ii satisfaction of any Judgment that may be passed against him in the suit, or to give recognizance for the satisfaction of such Judgment; and the surety or sureties 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 costs. Deposit in lieu of bail. 4. (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 costs 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 he may deem fit in the circumstance. Committal in default of security. 5. (l) If 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 if Judgment has been given against the defendant until execution of the Judgment. (2) Committal to custody under this rule shall not exceed a period of six 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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents