Week 2

INTRODUCTION TO
CRIMINAL
LITIGATION
 OUTCOMES:
• Discuss the scope of criminal litigation in
Nigeria;
• List and compare the Laws and Rules
applicable in various criminal courts in
Nigeria;
• Identify and explain sources of the
laws/rules guiding criminal litigation;
• Explain types, sittings and settings of
criminal courts.
• What is criminal litigation?
• Criminal litigation is the method adopted
for bringing a person alleged to have
committed a crime to court for trial;
• It includes the investigation, arraignment,
trial, judgment and sentencing and
appeals.
Basic requirements of a criminal
trial
• The offence must be prescribed in a
written law – S. 36(12) CFRN 1999.
• A crime is an act or omission which under
any written law is deemed to be a crime,
thus attracting punishment.
• See section S.2 C.C & S.28 P.C.-. See s.
36(12) Constitution. See also s. 494
ACJA.
- Laws applicable in various criminal courts:
- FEDERAL COURTS – ACJA; Criminal Code
(South), Penal Code(North). Acts of the
National Assembly.
- HIGH COURT OF STATES – ACJL in
various states of the Federation, Criminal
Code in the South, Penal Code in the North
and the Laws of the House of Assembly of
various states.
- HIGH COURT LAGOS – ACJL, Criminal
Law of Lagos State and Laws passed by the
House of Assembly.
 Stages of criminal trial:
CASE STUDY: LADY “A”
Lady “A” went to a supermarket at
Ahmadu Bello Way, Kaduna, picked some
items and went to the cashier to pay. She
did not pay for the shoes she picked from
the store. On her way out, Lady “A” was
arrested by the security men at the gate
for theft. Her bag was searched and the
shoes recovered.
Lady “A” was arrested by the security men
attached to the supermarket and she was
handed over to the Police. Lady “A” was
interrogated by the Police and taken to court
on FIR. Lady “A” denied committing the
offence. Lady “A” was admitted to court bail.
The Police called witnesses and closed
case. The Magistrate ruled that Lady “A”
had case to answer, drafted a charge which
was read to lady “A”. Lady “A” pleaded not
guilty to the charge. Lady “A” called
witnesses in her defence and closed her
case.
Counsel addressed court. The Magistrate
gave judgment and convicted Lady “A”.
Lady”A” made allocutus in mitigation of
punishment. Lady “A” was sentenced to six
months imprisonment or pay fine of
N1000.00. Lady “A” was dissatisfied with
the decision and she appealed.
Identify the issues arising from this scenario.
 The issues arising are:
• Offence: Theft of shoes,
• Parties: 1. The State, 2. Lady “A”
• Search of lady “A” by the security men
• Arrest by security men, handing over to
police of lady “A”
• Interrogation/Investigation of lady “A”.
• Arraignment of Lady “A” (Charge)
• Plea of Lady “A” (guilty or not guilty).
• Bail application by the defendant, lady “A”
• Prosecution opens his case and called all
the witnesses who testified against the
defendant and close its case.
• Defence makes a no case submission.
• Courts rules on the no case submission
• Establishing a prima facie case against
the defendant.
• Framing charge by the court against the
defendant. In the Magistrate Court in the
North, Magistrate drafts charges and read
same to the defendant. In the South,
Police drafts charges.
• Plea of the defendant is taken.
• Prosecution may be allowed to call
additional witnesses or recall any one
that had testified.
• Lady “A” enters her defence.
• Defence counsel addresses the Court first
and the prosecution reply.
• After evidence is taken and counsel
addresses court, judgment is delivered.
• Lady “A” was found guilty, and convicted.
• Lady “A” pleading for leniency in allocutus.
• Lady “A” sentenced to six months
imprisonment or N1000 fine.
• Lady “A” exercises her right of appeal.
Note that in the FCT,
Police no longer
prosecutes (except Law
Officers).
Issues identified above
represent stages of trial
SOURCES OF CRIMINAL
LITIGATION
Can be categorized into four
1.The primary enactments
2.The secondary enactments
3.Application of practice and
procedure in criminal matters
where there is a lacuna in our law
to ensure justice
4.Judicial interpretation of statutes
1. PRINCIPAL ENACTMENTS-
ACJL(L), ACJL(s) & ACJA note
s. 493 ACJA
2. SECONDARY
ENACTMENTS- Constitution of
the FRN 1999, Fundamental
Rights, Power of AG to initiate,
take over, or discontinue
criminal cases.
s.174(1),s.211(1) Constitution
- Power of President & Governors
to grant pardon – s.175(1) & 212(1)
Constitution 1999,
-Chap VII Constitution give courts
of records appellate criminal
jurisdiction,
-Magistrate Courts Laws,
-High Court Laws,
-Federal High Court Act,
-
Court of Appeal Act,
Supreme Court Act.
• Court of Appeal Rules
• High Court Appeal Rules
• Supreme Court Rules
• Practice Directions of Courts
• There are procedures laid down
for certain offences and offenders
and the punishment prescribed:
• The Children and Young Persons laws,
The Child Rights Act/Laws, Coroners
Laws, Armed Forces Act, Police Act,
• Evidence Act 2011
• 3. APPLICATION OF ENGLISH HIGH
COURT PRACTICE AND PROCEDURE
IN CRIMINAL MATTERS- S.363 CPL,
where there is a lacuna in our law,
recourse may be had to English Law
• BOARD OF CUSTOMS AND EXCISE V.
HASSAN (1978) 2 LRN 56
• SIMIDELE V. COP (1966) 5 SC 313
• OLUGBUSI & ORS V. COP (1970) 2 ALL
NLR 1
• where it is used- (1). Change of
plea by the defendant (by leave of
court) see Board of Customs &
Excise v. Hassan, (2). Application
for bail in High Court where bail is
refused in the Magistrates Court,
bail application in High Court is by
summons not motion- Simidele v.
C.O.P.
• Note that- s.35 High Court Law Northern
Nigeria 1963 provides that High Court in
the North are not compelled to resort to
the Practice and Procedure of the High
Court of England in criminal matters but
may adopt any Practice and Procedure
that will enable court do justice to the
matter -see Achadu v. State (1981) 1
NCR 16 – Held -bail application in High
Court Northern Nigeria is by summons or
by motion. In the south, it is by summons
only.
• Note S. 492(3) ACJA and S. 262 ACJL
“adopt procedure that will do substantial
justice in the matter”
• 4 JUDICIAL INTERPRETATION OF
ENACTMENTS- done through the rules
of interpretation of statutes- Bank of
England v. Vagliano Brothers (1891) ac
107 at 144 -145 Held- the language of a
statute must be observed to know their
ordinary and natural meaning. see:
Garba v. FCSC; Bronik Motors Ltd
v.Wema Bank Ltd.
.
• The interpretations courts give to statutes
formed part of the criminal trial process. In
FRN v. Ibori, the Court of Appeal held that
criminal case must be filed where the
offence took place. Prosecutors can no
longer engage in forum shopping by filing
cases at their preferred courts.
 Types, Sittings and settings of
Criminal Courts
• There are two types of courts of criminal
jurisdiction in Nigeria: Courts of general
criminal jurisdiction and Courts of special
criminal jurisdiction. All courts exercises
both civil and criminal jurisdictions except
Court Martial, Tribunals and Juvenile
Courts.
• Criminal courts may sit on any day in the
week except Sundays and Public Holidays
• .
• Courts start sittings at 9:00am and may
rise when the work for the day is
concluded.
• Court can sit on any day of the week with
the agreement of parties and counsel.
Ososami v. COP
• six features are to be noted in a criminal
court: the Bench, the Bar, the Dock, the
Gallery, the Witness Box and Registrars
Desk.
• Note the modes of dressing in criminal
courts.
 PUBLICITY OF CRIMINAL
TRIALS
• NOTE
• Criminal proceedings to be held in public.
See section 259(1) ACJA
• Also Note the exceptions
 EXCEPTIONS

•Where the statutes expressly requires it

•On ground of public policy, public decency or
expediency
•Evidence of a witness who has not attained
17 years is to be heard in relation to offence
against immorality
•In the interest of public safety, defence,
public order, public morality
 EXCEPTION CONTD
or welfare of a person who has not attained
the age of 18 years, see proviso to section
36(4) CFRN 1999, section 259 ACJA
Lastly where the minister satisfies the court
that it will not be in the interest of public for
any matter to be publicly disclosed.