Section 130, THE CRIMINAL PROCEDURE ACTS, 1965

Subject to the provisions of sections 136 and 137, an indictment charging any person with an offence triablebefore the Supreme Court, may be preferred by any person before a Court in which the person charged may be lawfully indicted for that offence, and where an indictment has been so preferred, a Law Officer shall, unless the accused has been acquitted and discharged under the provisions of section 131, sign the indictment and it shall thereupon be proceeded with accordingly: Provided that— a. (a) a Judge may on the application of the prosecutor, direct a Law Officer to sign the indictment and the indictment shall be signed accordingly; b. the provisions of this section shall not be construed so as to derogate from the powers conferred upon the Attorney-General by section 44 of this Act or section 73 of the Constitution. Prisoner to be released on bail or acquitted and discharged if not tried within a certain time.