Jesus Loves You: Law Notes, Past Questions and Answers at

Law Notes, Past Questions and answers at www.isochukwu.
com
JESUS LOVES YOU

CRIMINAL LITIGATION BAR CURRICULUM 2017
WEEK 3.
Note:
Special focus on ACJA and ACJL being most notorious and current.
INTRODUCTION TO CRIMINAL LITIGATION.
:: INTRODUCTION / OVERVIEW / SCOPE OF CRIMINAL LITIGATION. Criminal
Litigation encompasses from the moment a complaint is made, to arrest, arraignment,
obtaining of evidence, constitutional safeguards, trial, judgment, appeal, prerogative of
mercy.
:: COMPARISON OF THE RULES AND LAWS APPLICABLE IN DIFFERENT
PARTS OF NIGERIA. PREFERABLY TABULAR.
:: SOURCES OF CRIMINAL LITIGATION.
- Principal Enactments: CPA and CPCA (which have been domesticated into) CPL of
Various Southern States, CPCL of various Northern States, ACJ (Repeal and Re-
enactment) Law of Lagos 2011, ACJA 2015 (for FCT and Federal Crimes Enactments).
- Secondary Enactments: include the CFRN 1999, Court Laws and Rules (Magistrate,
HC, FHC, NIC, CofA, Scourt, etc.), practice directions, other statutes like; CYPL, PC,
CC, AFD, etc.
- Case Law: maintained by precedence and hierarchy of courts.
- English HC Rules: (only in the south) should be resorted to where there is a lacuna-S
363 CPA, Board of Customs and Excise V Hassan1, Simidele V C.O.P2, Ikomi V State3.
HOWEVER; In North (Prohibited by S 35 HCLN), Abuja (S492 ACJA) and Lagos
(262 ACJL) the court should resort to rule that would meet the justice of the case.
:: SITTINGS OF CRIMINAL COURTS: Court sits (9am till it rises (usually 4)) on all
days but Sundays and public holidays which are non-juridical days. However it can sit
on non-juridical days with consent of both prosecution and defence-Ososami V The
COP. For magistrate, in Section 40 MCLL, Court is opened throughout the year except
on Saturdays, Sundays and Public holidays but at least one court in every Magisterial
1
On change of plea before sentence. Applied the English which requires leave of court.
2
Procedure to apply for bail to High Court when application has been refused by Magistrate court.
Applied English which requires summons. See also Abacha V The State.
3
On application to High Court for leave to file an information. Using the indictment Procedure Rules
1
of England 1971 to say that consent required. In the North Application for Leave to Prefer a Charge in
Page
the High Court Rules 1970 was enacted

Law Notes, Past Questions and answers at www.isochukwu.com
District shall be open on Saturdays to hear matters relating to remand, bail and other
non-custodial disposition
:: SETTINGS OF THE COURT:
- The Bench: elevated podium in front of the court room where judge sits.
- The Bar: area between the registrar’s desk and the gallery where (well robbed) counsel
sit.
- Registrar’s Desk: directly beneath and backing the judge (bench).
- Dock: enclosure where the accused/defendant stands during trial. He may go to the
witness box to testify if he wants to be cross-examined.
- Witness box: place between the bench and the bar where a person is placed to testify.
Usually at the right hand side.
- Gallery: where litigants and other spectators/attendees sit.
Court How Judges are Addressed
Customary and Area Your Honor.
Magistrates Your Worship. Lagos (Honour).
High Court My Lord
Court of Appeal My Lords
Supreme Court My Lords
_____________________________________________________________________
___________________________________________________________________
WEEK 4.
JURISDICTION AND VENUE OF CRIMINAL TRIALS.
:: COURTS OF GENERAL CRIMINAL JURISDICTIONS (JURISDICTION AND
VENUE).
IN THE SOUTH:
: CUSTOMARY COURT: Constituted by CC Laws of the State to try offences against
bye-laws and others expressly conferred upon it. Grade A, B and C Oyo State, Grade A
and B Lagos.
: MAGISTRATES COURT: See MCLLagos. Trial of offences which can be summarily
tried4. Summary trial of offences contained in certain laws stated in Section 29 (6) and
3rd Schedule to the Law. Punishment should not exceed maximum imposed by the Law,
it cannot try capital offences or sentence a person to more than 14 years or death. Edun
2
Page
4
See Section 2 of the various Magistrate’s Courts Laws.
V IGP AG may (subject to recommendation of the Lagos State Judicial Service

Commission and approval of Lagos State HOA) increase jurisdiction5. Magistrate
should encourage reconciliation.
: HIGH COURT: established in Section 270 CFRN. Jurisdiction contained in S 272(1)
CFRN 1999. Has jurisdiction to try all indictable and non-indictable offences brought
by information or complaint respectively. It may hear contravention of Federal Offences
where there is a State Law providing for it and conferring jurisdiction-S 286 CFRN.
Hear appeals from magistrates’ courts. 272 CFRN.
IN THE NORTH:
: AREA COURTS: Established by warrant under the hand of CJ and constituted by Area
Court Edicts. Not strict technicality rather substantial justice6-Jos NA V Allah NA
Gani. Has jurisdiction over person of African descent or one who consents to be tried
by the court or is subjected to it by governor. Upper AC, ACG I, ACGII, ACGIII, no
jurisdiction in homicide cases. Appeals go to High Court.
Although Section 390 of CPC disentitles Legal practitioners from appearing in Area
Court, the combined application of Section 36 CFRN and Uzodima V The COP dispels
such restriction.
: MAGISTRATE’S COURTS: established by S 6 CPC to try offences contained in 6th
Colum Appendix A of Penal Code and other offences for which jurisdiction is expressly
conferred on it or where such offence does not exceed its punishment jurisdiction. 4
Grades viz; CM, MG I, MG II and MG III with 10, 5, 2 years and 3 months
respectively… 1k, 6h,4h n 2h respectively. Board of Customs and Excise V Yesufu.
Governor on recommendation of CJ may increase. The jurisdiction and grades vary.
: HIGH COURT: also offences in 6th Colum Appendix A. Note 12 CPC, 272 CFRN.
Appeals from all magistrates’ Courts.
: COURT OF APPEAL: Est 237 appeals from all HC, FHC, HCFCT, Court Martial and
Tribunals established by an Act of the National Assembly-Section 240 CFRN.
: SUPREME COURT: EST 230. Appeals from CofA Section 233 CFRN.
:: COURTS OF SPECIAL JURISDICTION (JURISDICTION AND VENUE).
: JUVENILE COURTS: constituted by the CYPL of the State to try an offender who is
a “child” (12) or “young person” (12-17) and was so as at the time he allegedly
committed the offence. Age can be determined by evidence like birth certificate,
certificate signed by government medical official, etc.-S 29 CYPL, R V Oladimeji.
It cannot try cases of homicide, capital offence or cases where the juvenile is charged
jointly with an adult-Section 6 and 8 CYPLLagos. FURTHERMORE; JVCourts are
3
5
In other states, it is by governor on recommendation of CJ
Page
6
Area court Judge Sits alone or with one or more members or with assessors approved by CJ.
not open to the public, They should NOT; - publish I.D of offender; - use the words
“conviction” or “sentence”; give death sentence; imprison a child; imprison a young
person where he can be suitably dealt with in another way.
The offender is committed to an approved institution and kept at pleasure of governor.
: FEDERAL HIGH COURT: Established under Section 249 CFRN 1999. Offences in
respect of areas it has jurisdiction as enumerated in Section 251(2) CFRN. Like treason,
treasonable felonies, taxation, CAMA, Customs, excise, foreign exchange, IP, aviation,
arms, ammunition, explosives, drugs, poisons, etc. The exclusivity accorded by Section
251(1) over Civil Jurisdiction appears to be lacking for criminal jurisdiction as seen in
Section 251(2) CFRN. Bronik Motors Ltd V Wema Bank Plc. Although FHC is one
throughout Nigeria, it is better to bring the case in the place where offence was
committed or cause of action arose-Ibori V FRN, Nwankwo V The State
: NATIONAL INDUSTRIAL COURT: Section 254(A) Establishes it. From 254,
jurisdiction over criminal jurisdiction arising from trade, labour or industrial relations.
Fair Hearing, Evidence Act and Criminal Procedure Laws apply. Appeal as of right to
Court of Appeal.
: COURTS MARTIAL: established by the AFD/AFA. CM exercises jurisdiction over
persons subject to service law (i.e. Nigerian Army, Navy and Air Force) for offences
created under the decree-103 AFA. NAF V Obiosa.
Section 129 AFA 2004 provides two types: General (President, four members, one
waiting member, a liaison officer and a Judge Advocate) and Special (President, two
members, one waiting member, a liaison Officer and Judge Advocate with three years’
post-call experience7. Both types of court-martials can be convened by the President,
Chief of Defence Staff, Service Chiefs, General Officer, Commander of a battalion, or
an officer acting in place of these persons. (Additionally Brigadier, Colonel or
Lieutenant for Special Court martial). The convening officer must be above the rank of
the officer being tried-Okoro V Nigerian Army.
A court-martial must have 7 members to impose the death sentence and at least 4
to impose over a year’s imprisonment. Offences8 civil and criminal a court martial
may try are listed in Sections 45—114 and include mutiny, insubordination, and
sodomy. The civil jurisdiction of a court martial is subject to that of regular courts, but
the regular court, while imposing its judgment, should consider the judgment already
meted out by the court martial. An officer tried in a regular court on a civil or criminal
matter cannot be retried in a court martial- Magaji V Nigerian Army.
The decision of a court martial is by simple majority of members. If votes are split on
findings, the accused shall be acquitted; if votes are split on the sentence, the
7
Waiting Members and Judge Advocates do not vote.
8
The offences are divided into military (like mutiny, insubordinate behaviour, aiding enemy,
4
desertion, rape, sodomy, drunkenness) and civil (being what civilian would contravene both civil and
Page
criminal like manslaughter, murder, house breaking, extortion) offences.

president of the court-martial shall cast a second vote. All members must consent for
death penalty else lesser punishment meted. A death sentence is executed with the
consent of the president and commander-in-chief.
Section 169 (2) says except in mutiny and desertion, a serviceman is excluded from trial
3 months after his retirement.
Appeals from Court Martial should go to Court of Appeal- Section 240 of the 1999
Constitution (within 40 days of decision). If death penalty, appeal must be within 10
days. Only death penalty is as of right. Others shall be with leave.
Fair hearing is mandatory-Nigerian Army V Mohammed.

: OTHER TRIBUNALS: like Robbery and Firearms Tribunals, Treason and
Treasonable Felonies Tribunal Special Appeal Tribunal, etc. have been disbanded and
transferred to the FHC. See Tribunals (Certain Consequential Amendments etc.) Decree,
1999.
:: INTERNATIONAL CRIMINAL COURT (JURISDICTION AND VENUE).
Is an independent tribunal established to try persons suspected to have committed crime
against humanity, genocide, aggression and war crimes in Member-States (about 122
member states including Nigeria). Locted at the Hague Netherlands but can sit in any
convenient place. Relies on state police and international police INTERPOL to enforce
its decisions. It is not bound by immunity, limitation period. It cannot impose death
penalty, try retroactively or try children.
_____________________________________________________________________
___________________________________________________________________
WEEK 5
SEARCHES, ARRESTS AND CONSTITUTIONAL RIGHTS.
An accused’s presence may be secured through:”
1. Summons.
2. Arrest with Warrant.
3. Arrest without Warrant. Section 113 ACJA.
:: ISSUE OF CRIMINAL SUMMONS: 79-94 ACJL, Section 79 ACJL The magistrate
or judge (justice of peace for the North) usually issues a summons against a suspect
(directing him to appear in court within 48 hours of service of the summons) after
receiving a complaint9 against him (usually with regards to minor offences and where
5
Page
9
Get definition of complaint from 1 and 2 cpc and cpl.
he is not likely to evade the court)-Ikonne V The COP. See Section 80 CPL. The
summons should (in writing signed10 by the judge, magistrate or justice of peace in
duplicate) state the substance of the complaint, name of the accused, date of issue.
:: EXECUTION OF CRIMINAL SUMMONS: The summons should be served (by
police, bailiff or sheriff) personally on the person summoned (on any day… between
8-6 in Lagos) who should acknowledge receipt by signing at the back of the duplicate11
(this is proof of service). Alternatively, it could be served in the presence of a witness.
Substituted service (like leaving in conspicuous part of premises, service on adult male
member, etc.) can be effected with leave of the court. An affidavit showing why and
how substituted service was effected should be sworn-52 CPC. In the south, it appears
that the server would simply write the details of delivery on the back of the duplicate.
Where outside jurisdiction, ex-parte leave of court is sought and a copy of the summons
is sent to the court in whose jurisdiction the accused is and the court shall direct service
as if it had issued the summons.
Note that summons is not invalidated by reason of issuer dying, ceasing to hold office
or no longer having jurisdiction.
:: ARREST Holgate Mohammed V Duke 1-6 of ACJL, CPL, 7 ACJA. May actually
touch or confine the body of the person arrested unless there is express or implied
submission to custody. Handcuffing would be unnecessary except there is reasonable
apprehension of violence, attempt to escape or restraint is necessary for the safety of the
person arrested.
He should be informed of the reason for arrest except he is in actual course of
committing a crime or escaping from lawful custody.
:: ISSUE OF WARRANT OF ARREST: Section 22-29 ACJL and CPC. It is an
authority in writing issued on any date by a Judge, Magistrate or Justice of Peace12
(upon a complaint on oath) directing a named person (usually police) to arrest a named
offender/accused. Ikonne V The COP. In addition, should bear date of issue, contain
necessary particulars and be signed by the issuing judge or magistrate. Usually utilised
where; - summons is disobeyed; - Offence is serious; - Statute requires13 warrant to arrest
unless offender is caught committing the offence.
:: EXECUTION OF A WARRANT OF ARREST: it can be issued and executed on any
date and time including Sunday or public holiday. Cannot be executed in a sitting court
or legislature. In the latter scenario, the permission of the president or speaker can be
gotten. See the Legislative Houses (Powers and Privileges) Act 1958, Tony Momoh
V Senate of the National Assembly.
10
A rubber stamp may suffice-Goodman V Evans.
11
Refusal to sign may ground detention or committal to prison for 14 days
6
12
No police officer can issue warrant of arrest.
Page
13
Note however that an arrest without warrant may not vitiate proceedings.
The warrant should be shown to the person being arrested before execution except there
are good reasons not to/preventing display14. Then he should be shown as soon as
possible (in Lagos; 24 hours).
Upon arrest, he should be taken forthwith to the court that issued it except an
endorsement at the back authorises his release upon complying with certain conditions
(note the conditions).
The Warrant remains in force until executed or cancelled by any Judge or Magistrate-
29 ACJL, 31 CPA.
In ACJA and CPC (North), where the accused is concealing himself or absconding from
service of a warrant on him, the judge may publish a Public Summons in writing
requiring the person to appear at a specified place and time not less than 30 days from
the date of publishing-Section 61 No such in CPL and ACJL (South).
If the warrant is to be executed outside the state of issue (482 and 484 CPL); The
executing (police) officer will take the warrant to the court in the executing state for
endorsement by appropriate magistrate or judge who (does not endorse as a matter of
course but) must be satisfied that: - endorsing will not be an abuse of legal process; -
that the named (issuing) judge or magistrate is in court of competent jurisdiction; and
that the offence stated in the warrant is known to the law of the issuing state C.O.P V
Apampa. After endorsement, the police officer is to bring the named person before the
magistrate that endorsed it. The magistrate may then order that the person arrested be
taken to the court that issued the warrant originally Metropolitan C.O.P V Hammond.
COP V Apampa OR admit the person to bail if offence is bailable. If the offence is
unknown to the law of the issuing state, the judge will order the release of the suspect.
Evidence may be given in all these. If dissatisfied, the person arrested may appeal to the
Judge of the HC for review of the order. Non--endorsed warrant makes arrest unlawful
and an irregularity in procedure but does not vitiate proceedings unless justice was
denied Mataradonna V State. In fact, irregularity in apprehension of accused does not
destroy proceeding-Section 101 CPL. Maybe liability in civil damage. Section 35(6)
CFRN provides that the suspect shall be entitled to compensation and public apology
from the appropriate authority where he is unlawfully arrested. He may apply for Habeas
Corpus-Ransome Kuti V AG Federation. May apply for bail pending trial-Abacha V
Fawehinmi, Abiola V FRN. Section 46 of the 1999 Constitution, Order II
FHREPRules, Article 2 and 6 African Charter HPR can also be petitioned to ensure his
release.
Note that if the warrant is issued by the FHC, there is no need for endorsement as FHC
has only one jurisdiction.
(Just note that 22-28 ACJL and CPC are instructive on all of warrant).
7
14
No need to intimate where the suspect is found committing, being pursued after committing or
Page
escaping lawful custody.

:: ARREST WITHOUT WARRANT Section 10-15 CPL and ACJL: The police,
Magistrate, Justice of Peace, Judge or even a private person may arrest without a warrant
in certain instances.
The Police: See Section 4, 24 and 25 PA, 10 and 11 CPC, CPA and ACJL. Liability
for false imprisonment may not arise but the police should exercise their power to arrest
in good faith-Wednesbury Principles. Holgate Mohammed V The Duke.
Magistrate, Justice of Peace, Judge: where a person commits an offence in his presence
within his district especially if he would have issued a warrant of arrest if a complaint
in that regard were made. He shall commit the offender to custody or grant him bail.
Private Persons: can if the person commits an indictable offence in his presence or he
reasonably suspects the person to have committed a felony (any time) or a
misdemeanour (at night)- 12 CPA
A person arrested should be taken to the nearest police station (if private person; take
the arrested to a police officer or station which would re-arrest) and be given reasonable
facilities to obtain legal advice and take steps to furnish bail… constitutional safeguards
also to be complied with.
The police is to bring the accused to a court with jurisdiction within 24 hours (or 48
hours) if nearest court is beyond 40km radius. Section 35(5) CFRN If this is not
practicable, he should be granted bail upon entering recognizance (to appear at required
time) with or without sureties. Police cannot grant bail for capital offences or offences
of a serious nature.
:: SEARCH OF PERSON: Police and other law enforcement agents can search the body
of a person-Section 29 PA, 44 CPC. Scientific/Medical evidence examination can be
used-11 ACJA. Search of a woman should be by another woman-Section 6 CPA, 44
CPC, 4 ACJL. Lagos adds; with strict regard to decency-Section 5 ACJL.
:: SEARCH OF THINGS: police Section 4 PA, Customs Officers can search anything
liable to forfeiture-44 PA, 131 Customs Excise Management Act.
:: SEARCH OF PREMISES (ISSUE AND EXECUTION OF SEARCH WARRANT):
A written search warrant should be procured (on oath) from a Judge, Magistrate or
Justice of Peace15 (who signs it) to search premises which can be executed on any day
including Sunday and Public holiday-(5am-8pm) or other time specified in the warrant-
111 CPA) Musa Sadau V The State. 107 CPA. The Search warrant remains in force
until executed or cancelled by the court that issued it. Note Section 39 CFRN, Elias V
Pasmore.
15
A person above the rank of a Cadet Assistant Superintendent of Police can issue search warrant for
permises which is (or has been within the preceding one year) in occupation of any person convicted
8
of receiving stolen property or harbouring thieves or of any offence involving fraud or dishonesty and
Page
pubishable by imprisonment-28 PA.

No need for warrant where the police officer has arrest warrant and the person to be
arrested is in (or entered into) the premises in question or; where a Justice of Peace
directs a search of premises (over which he can issue warrant) to be made in his
presence. Other instances see 147 CEMA, 32 NDLEA Act.
A woman in purdah16 who is not the one to be searched should be told that she can (and
be given reasonable opportunity to) withdraw before the execution of the search warrant.
Generally, only items specified/envisaged in the search warrant can be seized. However
other items (reasonably suspected to be stolen or relevant in respect of other offences)
can be seized.
Search should be in the presence of the two adults in the neighbourhood. Officers should
be searched by the occupants before they conduct the search to prevent planting
incriminating evidence.
Power to Search includes power to arrest occupant and reasonably seize relevant
(usually incriminating) materials or documents.
:: ADMISSIBILITY OF MATERIALS OBTAINED IN THE COURSE OF
UNLAWFUL SEARCH: Section 14 relevant material evidence obtained can be
admitted at the discretion of the court which would be judiciously exercised considering
the facts and certain circumstances listed in Section 15 EA.
:: CONSTITUTIONAL SAFEGUARDS: Discussed Later.
:: PROCEDURE FOR CHALLENGING SEARCHES AND ARRESTS
Non-compliance renders search unlawful but trial/instigation would NOT be
vitiated/nullified. However, non-compliance is good ground for resisting search-
Onuorah V COP and the accused/searched may sue for; - Damages for trespass to
property-Elias V Passmore; - Damages for malicious procurement of a search warrant
without reasonable cause-Balogun V Amubikahu.
:: DRAFT SUMMONS, SEARCH WARRANT AND WARRANT OF ARREST:
_____________________________________________________________________
___________________________________________________________________
WEEK 6
PRE-TRIAL INVESTIGATION AND POLICE INTERVIEWS.
9
Page
16
I.e. doesn’t appear in public
:: The police have power to elicit information, unravel facts and evidence prior to
institution of the case pursuant to their duties in Section 4 and 23 PA17. They may ask
questions, take measurements, empirical analysis, medical examination, etc.
Where the offence is a minor one and suspect does not deny the accuracy of the report,
he can be questioned through telephone, written representation or through agent.
:: CONSTITUTIONAL RIGHTS OF A SUSPECT AT THE POLICE STATION.
Investigations should be conducted within the ambit of the law.
- The person being invited for interview should be told of the alleged offence occasioning
the interview and in what status he is being interviewed/investigated. i.e. whether as
witness, accused, victim, etc.
- Dignity and freedom from unnecessary restraint of the interviewee/suspect. No torture,
coercion, influence or force should be used-34 CFRN
- Right to remain silent until he consults with a Legal Practitioner of his choice who is
also entitled to be present at the interview Section 35(2) of the 1999 Constitution.
Where he cannot afford one; an officer of legal aid council, civil society or justice of
peace or other person of his choice. Section 3 ACJL.
- Right to an interpreter at no cost if he does not understand English-Section 36(6) CFRN.
- Right to be presumed and treated as innocent until proven guilty-Section 36(5).
- The offence for which he is arrested must be known to law-Section 36(12) CFRN Aoko
V Fagbemi.
- Right not to be re-arrested for offence he has already been convicted or acquitted for-
Section 36(9)
- Right to be informed in Writing of the facts and grounds for arrest within 24 hours and
in the language he understands-Section 35(3) CFRN18.
- Right to have the confessional statement taken in writing. The ACJL and ACJA (Section
9 and 15) adds that audio or visual recording should accompany. His confessional
Statement can be taken to a superior police officer for endorsement-Ojegede V The
State, Judges Rules.
- Right to be brought before a court of law within a reasonable time19-Section 35(4 and
5) CFRN. 17 ACJL (says as soon as practicable), 42 CPC… and if not tried within 2
months (or 3 months for one on bail) he should be released on conditions that ensure he
would appear for trial. Edo V C.O.P.
- Reasonable time and Facility to prepare for his defence.
- Be granted Bail pending his arraignment or further investigation.
- Right to Life-Bello V AG Oyo.
- Compensation and Apology for wrongful arrest.
17
This does not extend to civil enforcement or debt collection- Mclaren V Jennings and Section 8
ACJA.
18
Except arrested when in actual/pursued immediately after the commission of the crime or escape
10
from lawful custody-Section 3 ACJL.

19
1 or 2 days or such longer period as the court considers reasonable requires where within 40 km or
Page
more respectively.
- Right to privacy, home correspondence, conversations and so on. Section 37 of the 1999
Constitution.
- Right not to be arrested in place of a suspect-Section 4 ACJL, 7 ACJA.
Interview should be in police station or other authorized place except likely harm or
interference with interviewee, interviewer, evidence, people or property would be
occasioned.
: JUDGES RULES: To set certain standards, judges rules (from common law) have been
formulated. They mandate that statements are voluntarily made20 by suspects for
example; that suspect be cautioned (in his language) on the possible implications of
answers he gives to questions he is about to be asked, interpreter entitlement and calling.
(see also 29 EA 2011 on voluntariness of confessions).
Note that Judges Rules are for Administrative Convenience rather than binding-Usman
V The State. It just affects the weight the court would attach to the statement.
:: IDENTIFICATION PARADE.
Where the identity of the suspect is in issue Ani V The State, Agboola V The State.
Usually where the incident lasted a short while and the victim did not know the accused.
The Suspect(s) must be assembled with about 8 (or 12 for more than one suspect)
persons of similar physiognomy. Victim should not be allowed to see (or get the
accused’s picture). Identification parade would not be necessary where the suspect is
well known, arrested at the scene of the crime or well seen committing the offence. The
identifier should not be assisted-R V Chapman.
:: LEGAL AID SCHEME: For indigent accused Earning below #18,000 and for matters
mentioned in the Legal Aid Act. See Section 8 Legal Aid Act he is to complete Form
LAC 2, be interviewed and thereafter assigned with a counsel.
:: CIRCUMSTANCES WHERE POLICE MAY GRANT BAIL PENDING FURTHER
INVESTIGATIONS. Examined in later Chapter.
:: HOW EXHIBITS ARE KEPT AT THE POLICE STATION. Things seized be
itemised in a list to be signed by suspect, searcher and witnesses-149 ACJA. Then be
registered and kept by exhibit keeper in exhibit room. The exhibit keeper then tenders
in evidence.
_____________________________________________________________________
___________________________________________________________________
11
20
See Section 29 EA, CP(Statement to the Officer), Emeka V The State. Judges Rules in the North
Page
has been enacted in the Criminal Procedure (Statement to Police Officers) Rules 1964.
WEEK 7
INSTITUTION OF CRIMINAL PROCEEDINGS.
Suits should be commenced in the proper (seized and constituted) court through the
proper process by the proper person(s). Green V Green, Madukolu V Nkemdilim.
:: PERSONS WHO HAVE POWER TO INSTITUTE CRIMINAL PROCEEDINGS.
- THE ATTORNEY GENERAL: 174 and 211 CFRN. Except in a Court Martial. The
Federal and State AGs have absolute discretion21 to institute, takeover and discontinue
criminal proceedings in respect of offences within their respective fields22. 174 and 211
(1 a, b and c respectively)-State V Ilori. Mohammed V The State. Abacha V State,
Saraki V FRN.
The power to do these can be delegated (except power to enter nolle proseque23 i.e.
discontinue)-AG Fed V ANPP. In fact, where there is no incumbent AG, there can be
no nolle proseque-AG Kaduna State V Hassan.
Nolle cannot be questioned but the aggrieved party may petition the appointing
authority, use media/public opinion to criticize and maintain a civil action against the
AG for wrong use of nolle-State V Ilori
- THE POLICE: Pursuant to Section 4, 23 Police Act. They can sue in both magistrate
and superior courts-Olusemo V COP. FRN V Osahon. Police usually institute as
commissioner of police or Inspector General of Police for state and federal offences.
- PRIVATE PERSONS: can lay a complaint except an enactment stipulates a particular
person/authority24. See Section 59 CPL. A private person (armed with the
fiat/endorsement of the AG25) may file an information-Nafiu Rabiu V The State, COP
V Tobi, Gwonto V The State See 77 ACJL. Where AG refuses to sue or endorse,
21
He should consider public interest, interest of justice and the need to prevent abuse of the legal
process-State V Ilori
22
But can intertwine with fiat of each other or allowance of the lawEmologuy V State (armed
robbery)-Section 268 ACJA.
23
Although the AG can through a written authority, send an officer in his department to enter the
nolle-State V Ilori
24
E.g. AG consent needed for; complaint of official corruption against Judicial Officer-98C CC,
Sedition. Sexual related offences can only be brought by husband, father or guardian of the female
involved, for offences in chapter xxi or xxiii of PC by person aggrieved by the offence or other person
in appropriate circumstances with leave of court.
25
By Section 342 CPA, 254 ACJL, 143 CPC, 383 ACJA, the information may be received by the
registrar provided the AG or Law officer has endorsed that he has seen the information and refuses
to prosecute. Then recognizance of a sum (CPA=100, ACJL=10000, ACJA=sum to be fixed) and
12
surety (to the same amount) to the effect that the private person shall prosecute the case till the end-
Page
State V Ilori, COP V Tobin… and such other costs as may be ordered.
mandamus can lie against the AG to secure his performance of the duty-Gani
Fawehinmi V Akilu, Anambra State V Nwobodo.
Private prosecutors may also be employed by AG for high profile cases fraught with a
host of conflicting interests. As seen in FRN V Adewunmi, Nafiu Rabiu V State-where
Kehinde Sofola SAN represented.
- SPECIAL PROSECUTORS: authorised by Statutes (usually enabling statutes creating
the bodies) like; Customs authority (S 180 CEMA); EFCC (S 12); ICPC; FIRS; Section
6 Factories Act; etc.
The Police, Private Persons, Special Prosecutors, etc. exercise their powers subject to
the powers of the Attorney Generals. S 174 and 211 CFRN, FRN V Osahon
:: COMPARISON BETWEEN THE POWER OF THE POLICE TO WITHDRAW
UNDER SECTION 75 CPA AND THE POWER OF NOLLE PROSEQUI.
- Nolle cannot be questioned by the court while a prosecutor wishing to withdraw would
have to adduce convincing reasons to get the consent of to the court-Section 355 ACJA.
- Nolle amounts to discharge (and accused may be re-arraigned for the same offence-
State V Ilori) while withdrawal may amount to an acquittal if it is made after defence
has been called to make his defence.
- Nolle needs incumbent AG while withdrawal doesn’t.
- Nolle power is derived from constitution while withdrawal power is from criminal
procedure statutes/laws.
- Under CPA, withdrawal is only exercisable in respect of state offence while nolle can
be exercised over State and Federal Offence.
- Under CPA, withdrawal is exercisable in magistrate while nolle transcends till superior
courts. ACJA too.
- Under ACJA, court may award costs where private prosecutor withdraws (especially
where prosecution is based on unfounded allegations). No costs in nolle.
:: MODES OF INSTITUTING CRIMINAL PROCEEDINGS IN THE VARIOUS
COURTS. (MAGISTRATE AND HIGH COURTS NORTH AND SOUTH, FHC AND
NIC). Varies from court and geographical territory. They include; By Information,
Charge, Complaint and First Information Report (F.I.R.)
1. IN THE MAGISTRATES’ COURT: Matters may be instituted by:
a. Laying a complaint before a Magistrate (except Lagos). The compliant should be
saying (whether on oath or not) that a named person has committed an offence and a
criminal process should be issued against him. See 77 CPL, 115 ACJA 2015 usually in
13
prescribed Form (FORM 3 for ACJA).

Page
b. By filing First Information Report (F.I.R) in the North and FCT. ((117 CPCL, 143
CPC and 110 ACJA). It is done by the police officer bringing the suspect along with a
signed F.I.R26 before a Magistrate within jurisdiction. The FIR is read to the Suspect
who admits (and is summarily convicted) or denies the accusation (here witnesses are
called and examined (chief, cross, re). If the Magistrate determines that no case has been
made out, accused would be discharged but if a case has been made out, the Magistrate
would frame a charge-160 CPC) Mohammed Abacha V The State
c. Preferring a charge: here the accused (usually arrested without a warrant) is brought
to court upon a charge signed by a police officer (except CPCL States). Section 78 CPL,
78 ACJL, 110 ACJL.
2. IN THE HIGH COURT: Actions may be commenced BY:
a. Filing an information (South and FCT) accompanied by Proof of evidence Section
77 ACJL, 109 ACJA.
b. Preferring a Charge (FHC and North27).
c. Laying a Complaint (Section 77 CPL): Consent, oath or writing not needed here.
No FHC.
Others include;
d. By information filed in the court after accused has been summarily committed for
perjury by a judge-Section 77 CPL.
e. By information exhibited in the HC by AG in cases where AG of England may file
similar information. Section 77 CPL this provision no longer applies in Nigeria.
To file an information or prefer a charge, you need the consent/leave of the judge-AG
Federation V Dr Clement Isong (except in Lagos, FHC and FCT that is ACJL and
ACJA or it is the AG that is instituting).
Apply for leave through written and signed motion exparte supported by affidavit
accompanied by; the charge, statement of the accused, frontloaded documents (i.e. list
of witnesses and their written statement, list and copies of documents to be relied upon,
other disclosures (like whether previous application for leave has been made and
granted, particulars of bail, custody, plea bargain, and other information the prosecutor
deems necessary or the court wishes to have)28.
Where the application is refused, it can be taken to another judge of that High Court.
26
Containing particulars of offender and offence.
27
With the exception of Adamawa and Taraba states which use information
14
28
If the offence relates to Terrorism, Kidnapping, Trafficking, Rape, Corruption, and Money-
Laundering… In the FHC and HCFCT an affidavit stating that there was investigation into the matter
Page
and the prosecutor opines that a prima facie case exists against the accused
The accused may bring a motion to quash a defective information-Abacha V The State,
Ikomi V The State.
3. IN THE FHC: (it is a court of summary jurisdiction-33 FHCA. Initially by Charge
but S 109 ACJA 2015 now says by information. Remember the frontloading
requirement discussed earlier.
:: LIMITATION OF TIME TO COMMENCE CRIMINAL PROCEEDINGS.
Generally no time limit except for Treason, treasonable felonies (2 years), sedition
(6months) DPP V Chike Obi), Customs and excise offence (7 years-167 CEMAct),
Actions against Military Officers (within 3 months of exit of officer from service).
There is no limit for conspiracy to commit any offence including the above listed29-R V
Simmonds. Public Officers are not protected from Criminal Acts so POPA des not
apply-S 2 POPA, Yabugbe V The COP.
_____________________________________________________________________
___________________________________________________________________
WEEK 8
CHARGES.
A charge30 is a document usually drafted and signed by the prosecutor or magistrate (in
North) containing the statement and particulars of offences with which an accused is
brought before a court- S 1 CPC, S 2 CPL. Serve to intimate the accused as required by
Section 36 CFRN.
:: FORM AND CONTENTS OF A CHARGE SHEET: specimen forms are provided.
Headeding of Court, Charge Number, Unambiguous reflection of the name of the
accused, date and place of commission of the sufficiently described offence,
victim/thing, and the legislative provision under which the accused would be punished.
151 CPL. Garba V State.
:: RULES OF DRAFTING CHARGES:
a. THE RULE AGAINST AMBIGUITY: Charge should be clear and adequately
intimate the accused of charge against him. Okeke V Police
15
29
But prosecution should be timeous to prevent poor recollection of event or absence or death of
witnesses/victims.
Page
30
In the High Court in the South, it is referred to as an information.
- THE RULE AGAINST DUPLICITY: Meaning that no single count shall contain more
than one offence except in permitted circumstances. Like; - where money (belonging to
a person) is misappropriated over a period of time by accused-R V Nwankwo; - Where
Statutory forms allow (See appendix to CPCLaws); - offences defined in the alternative;
-Where accused commits identical offences in a single transaction, - overt acts in treason
and treasonable felony.
- THE RULE AGAINST MIS-JOINDER OF OFFENCES: Generally, one charge sheet
(and trial) per offence-Section 156 CPA, 209 ACJA… and separate trial. Except where
offences were committed within one year31 or in the course of same transaction32 or
where offences are of same or similar character33 or offences have the same elements
but are constituted under different laws or the prosecution is in doubt as to which of two
offences had been committed34 or offences (i.e. the several acts) culminate in another
single offence35 or offence which may be committed in any of several occasions (re-
understand) Though court can still order separate trials.
- THE RULE AGAINST MIS-JOINDER OF OFFENDERS: the general rule is one
accused per charge sheet. However, two or more may be jointly charged where they are
accused of; -jointly committing the same offence-155 CPA; - different offences in the
course of the same transaction done with common intention -155 CPA, Haruna V The
State 1972 All NLR 738 9 (on conspiracy); - where one is accused of committing the
offence and the other for aiding/abetting or being an accessory; - where one steals and
the other helps in disposal or concealment.
:: THE EFFECT OF A DEFECTIVE CHARGE AND EFFECT OF CONVICTION ON
A DEFECTIVE CHARGE: Mere defect/Breach in Charge may not vitiate the charge or
invalidate the proceedings except the defect is so fundamental as to cause substantial
injustice or to mislead the accused-166 and 167 CPA, 222 CPL. 206 CPC, 158 ACJL
220 ACJA, Onakoya V FRN.
Moreso, suspect should timeously challenge36 (immediately after it is read and explained
to him and before pleading) as pleading to a defective charge is implied submission to
the jurisdiction.
It appears that breach of the rule against ambiguity can vitiate charge.
31
Section 157 CPA. Provided the offences are not more than three. Dau V Kano Native Authority
32
Section 158 CPA. Haruna V State.
33
158 CPA.
34
159 CPA. E.g. Receiving stolen property is so similar to stealing that the prosecution may just charge
for both. Or CC may call the circumstances stealing while PC would call it another offence. IGP V
Bakare.
16
35
Section 160 CPA
36
But 221 and 222 ACJA says ruling on such challenge would be given together when delivering
Page
judgment-396 ACJA.
_____________________________________________________________________
___________________________________________________________________
WEEK 9
CHARGES (2)
:: DRAFT A CHARGE IN THE VARIOUS COURTS IN NIGERIA. (Magistrate and
State High Court North, Magistrate and State High Court South, FHC and NIC. Refer
to the Drafts Version.
:: AMENDMENT OF CHARGES (PROCEDURE BEFORE AND AFTER). Charges
can be amended at any time before judgment to edit content or correct error and prevent
fatality-Clement Isong V The AG Federation. Leave of court is required if amendment
is sought after trial.
The new charge continues the life of the old one and the amendment should not radically
alter the existing charge or mislead or cause injustice to the accused. AG Fed V Clement
Isong.
The amended charge should be read and explained to the accused person and he shall be
asked to plead to the charge then whether he is ready to be tried on such charge-
Youngman V The Police Section 216 ACJA, 163 CPA. Nigerian Air Force V James,
Elumelu V Police. Court may proceed with trial or grant an adjournment where
necessary (especially in capital offences). The prosecutor and accused shall be allowed
to recall or re-summon witnesses to examine with reference to such amendment.
Accused should be informed of these rights when not represented by counsel.
The Order for amendment (showing date of amendment) should be endorsed on charge-
COP V Alao.
Non-compliance with post amendment procedure renders trial a nullity but where there
is sufficient/overwhelming evidence against the accused, a re-trial may be ordered.
_____________________________________________________________________
___________________________________________________________________
WEEK 10
BAIL
Bail is the temporary/conditional release of an accused or suspect from custody pending
17
his arraignment in court or pending the determination of his case or pending appeal. Bail
Page
is granted to prevent unlawful detention of the accused (who has the right to be presumed
innocent) beyond a reasonable time-Section 35 and 36 CFRN37.
Bail may be granted by the police or judge38. E.g. 27 Police Act, 17 CPL & ACJL, 31
ACJA.
- BAIL BY THE POLICE: Section 27 PA empowers the police to grant bail to arrested
persons (except in capital offence) pending conclusion of investigation or formal
arraignment39. No statutory procedure but is usually in writing, signed by suspect or
lawyer or surety (with or without bond). Bail should be free (although in practice
administrative fees are paid). Eda V COP.
- BAIL BY THE COURT PENDING TRIAL: At the discretion of the court. Bail is
usually refused in capital offences except in special circumstances (like ill health, there
would be extra ordinary delay exceeding one year or no reasonable ground for believing that
the accused committed the offence but it is still desirable that a trial be conducted -Section 161
ACJA.
- BAIL BY THE COURT PENDING APPEAL: because of conviction at the lower
court, he is no longer presumed innocent therefore his application (by motion on notice
supported with affidavit) must show special circumstances-(Fawehinmi V The State,
Bode George V FRN) for example: - That his assistance would be needed for the
preparation of the case for appeal; - suffering serious communicable health issues which
prison facilities cannot contain; - Sentence is manifestly contestable/appeal has
substantial grounds; - first time offender; -length of trial and prediction of its conclusion
viz a viz the length of sentence appealed against. Here, two or more accused must apply
for bail separately whether or not represented by one counsel or jointly accused unlike
in police bail where they could apply together through one counsel.
:: HOW TO APPLY FOR BAIL TO THE HIGH COURT AND HOW TO APPLY TO
THE HIGH COURT AFTER REFUSAL BY THE MAGISTRATE:
Apply to HC after refusal by MC (by summons in south, motion on notice in the North,
either, in FHC) (supported with affidavit and written address). Affidavit should contain
CTC of Charge Sheet and Lower Courts ruling refusing the bail application. It appears
in Lagos lower court’s ruling is not so essential.
37
Lagos and Abuja now allow Magistrate to Order the remand of an arrested person pending the
advise of DPP or his arraignment (for an offence triable on information) for a maximum of 60 or 42
days in ACJL (264) and ACJA respectively.
18
38
Police and Magistrate cannot grant for capital offences.
39
Once charged to court, the bail lapses (although another application can be written (to DPO or
Page
Officer in charge of station) or orally made to the court).

:: FACTORS THAT GOVERN THE GRANT OF BAIL BY THE COURT: As noted

in Dokubo-Asari V FRN, Abacha V State, Felix V The State. 162 ACJA, Gani Adams
V AG Federation.
- The paramount factor is whether the accused will attend his trial if granted bail. If it
appears that he would abscond, bail may be refused.
- The next important factor is the gravity of the offence and severity of punishment.
- Whether the accused person will interfere with investigation40.
- Criminal record/antecedents of the accused and whether he would commit another
offence while on bail.
- The prevalence of the offence Felix V State.
- Quality of evidence against the accused.
- Whether detention of the accused is for his safety.
- The health of the accused. Ill health (as shown in the affidavit in support of the bail)
must be contagious and of such a nature as to put other inmates at risk; must not be
treatable by the prison authority and must be certified by a medical practitioner
(preferably government hospital) Fawehinmi V State, Abacha V The State
:: TERMS AND CONDITIONS UPON WHICH BAIL MAY BE GRANTED:
Bail is usually granted on certain terms and conditions determined by the circumstances
of the case. Provided that the bail conditions must not be extremely difficult (onerous)
otherwise the accused shall apply to a higher court for review Dogo V The COP. Bello
V AG Oyo that procedure cannot overrule substantive justice. Court cannot refuse bail
to punish an accused person.
Terms upon which bail may be granted include;
- Bail on Self-Recognizance usually granted to respectable offenders for minor offences
119 CPA.
- Bail on a Bond for a Fixed Amount is granted without surety after execution of a bond
for a fixed sum of money and undertaking that he would appear to face trial. Failing
which sum in bond would be forfeited, bail revoked and bench warrant issued for his
arrest
19
Page
40
Court can also look at whether the accused attempted to conceal or destroy evidence.
- Bail on a Bond with Sureties: is the release of an accused on condition that he produces
one or more persons to stand as his sureties41. If the accused misses trial the SURETY
will pay the amount on the bail bond into the court registry42.
- Deposit in lieu of Bond: an accused may be granted bail if he deposits a fixed sum of
money instead of executing a bond. Under the CPC the accused has to apply for this bail
term. Under the CPL he may apply to the court or the court will set it of its volition.
:: REVOCATION OF BAIL: The court may revoke his bail, order forfeiture of bail
bond, and issue a bench warrant for his arrest IF; - accused Jumps bail (absconds); -
accused commits or is indicted for another offence; accused breaches the terms and
conditions of his bail; - court becomes aware that he is about to leave Nigeria; - bail was
obtained by fraud or ought not to have been granted in the first place; - If the surety
applies to be discharged the judge or magistrate shall revoke bail and accused would be
detained until he gets another surety; Law officer of AG can apply to court to cancel (or
increase) it.
Police bail is revoked upon arraignment of the suspect in court, bail pending trial is
revoked upon determination of the trial, bail pending appeal is revoked upon the
determination of the appeal.
BAMAIYI V THE STATE.
_____________________________________________________________________
___________________________________________________________________
WEEK 11.
CONSTITUTIONAL SAFEGUARDS TO ENSURE FAIR TRIAL
OF AN ACCUSED PERSON.
Especially Section 34, 35 and 36 of the 1999 Constitution
- RIGHT TO BE INFORMED (IN DETAILS) OF THE CRIME ALLEGED: in
the language he understands (prior to the trial, at the beginning of the trial or when he is
arraigned) Section 36(6)(a). With competent interpreter Nwachukwu V The State. At
41
Sureties should preferably be acceptable persons of known abode and good character. A woman
too can stand as surety-42 CFRN, 118 ACJL. Persons or corporate bodies may register and act as
bond persons within the jurisdiction of the court where they are registered.
20
42
Before paying, the surety must be given fair hearing as to why the bond should not be forfeited and
Page
can appeal Tea V C.O.P.

his request43. He need not be informed where he is charged for a graver offence but
convicted of a lesser offence-Maja V The State. In custody note also Section 35(3)
- RIGHT TO FAIR HEARING: in public44 within a reasonable time…See the whole of
Section 36 CFRN. Audi alteram partem (both parties must be heard) and nemo judex in
causa sua (a person shall not be a judge in his own case). No bias45-Gani Fawehinmi V
NBA. Justice must be done actually (and manifestly from a reasonable man’s point of
view). Garba V University of Maiduguri, Olatubosun V NISER.
- PRESUMPTION OF INNOCENCE: until his guilt is proved beyond reasonable doubt
by the prosecution-36(5). However, facts within his knowledge should be proved. Okoro
V The State. Doubt can be resolved in favour of the accused-Section 135 EA, COP V
Tobin, Edet V Board of Customs and Excise
- RIGHT TO ADEQUATE TIME AND FACILITIES TO PREPARE FOR
DEFENCE/TRIAL: Section 36(6b). Where deserving, court can discretionarily
(although more compelling in Capital offences) grant an adjournment especially for
accused to obtain counsel or material witnesses (which he can call and has not been
neglecting to call)-Gokpa V The C.O.P.
- RIGHT TO COUNSEL: Accused can (and should be informed that he can) defend
himself in person or by a legal practitioner of his choice-Section 36(6)(C) CFRN.
Provided Legal practitioner is not under any disability as various may exist-Awolowo
V Usman Sarki. Check SAN Priviledges Rules which excludes SAN from appearing in
inferior courts. Ariori V Elemo. Note Uzodinma V COP for nullity of Area Edict
restricting LP appearing in inferior court. Legal representation is mandatory in life
imprisonment and Capital Offences-Josiah V State 352 CPA, 186 CPC and Legal Aid
can be granted to an indigent accused (see Legal Aid Discussed earlier).
- RIGHT TO EXAMINE WITNESSES CALLED BY THE PROSECUTION: Section
36(6)(d). Application to cross-examine expert witness should not be treated lightly.
Tulu V Bauchi Native Authority adjournment to secure attendance of a vital or
relevant witness should be considered judiciously-Idrisu V The State, Josiah V The
State. Subponea or witness summons can also be granted to secure such attendance.
- RIGHT TO A COMPETENT INTERPRETER: where he does not understand the
language of the court… at no fee-Gwonto V The State.
43
Meaning that the accused should ask the interpreter at trial as he may be estopped from complaining
afterwards-Gwonto V The State, Lockman V The State.
44
- Right to be tired in public except under certain recognised circumstances like; (See e.g. 200
ACJL); - Where Juvenile (Section 6 CYPLL); - Where Statute expressly requires it; - on grounds of
public policy, decency, safety, morality, expediency and other circumstances where (in the opinion of
21
the court) publicity would be contrary to interest of justice.

45
University of Calabar V Esiaga, the court held that bias can arise from -pecuniary interest, blood filial
Page
or personal relationship, -natural aversion to the facts of the case.

_____________________________________________________________________
___________________________________________________________________
WEEK 12.
CONSTITUTIONAL SAFEGUARDS CONTD.
- RIGHT TO BE TRIED ONLY FOR AN OFFENCE DEFINED IN A WRITTEN
LAW: and punishment prescribed thereof-Section 36(12) CFRN Aoko V Fagbemi46
AG Federation V Dr Clement Isong.
- RIGHT TO SILENCE: Section 36(9) CFRN. As accused must not be
compelled to give evidence at his trial. Judge and prosecution may comment on the
silence but such comments should not cast aspersions of guilt on the accused-Okoro V
The State. Although silence may be foolhardy where there are
compelling/overwhelming evidence / accusations not denied or controverted.
- RIGHT NOT TO BE TRIED MORE THAN ONCE FOR TO ONE OFFENCE:
Section 36(9) CFRN. Not to be tried again where he has already be convicted or
acquitted by a court of competent jurisdiction over the same offence. Doing so may
amount to double jeopardy-Nafiu Rabiu V The State. Note however Section 239 and
240 ACJA. Autre fois 221 CPA
- RIGHT AGAINST TRIAL UPON RETROACTIVE LEGISLATION No punishment
heavier than that provided nor should laws be retrospective-Section 36(8) CFRN: Nulla
Poena sine lege. George V FRN.
- RIGHT AGAINST TRIAL FOR AN OFFENCE FOR WHICH ACCUSED
HAS BEEN PARDONED: Section 36(10).
_____________________________________________________________________
_______________________________________________________________
WEEK 13.
TRIAL 1: ATTENDANCE OF PARTIES AND ARRAIGNMENT (WITH
EFFECT OF ABSENCE)
:: ATTENDANCE OF THE ACCUSED IN COURT: Josiah V The State mandatory
throughout all proceedings and bench warrant can be issued to compel his attendance.
Section 266 ACJA, 208 CPL, 210 ACJL. Except if while present he misbehaves such
22
46
Trial for adultery in this case quashed. Nte however that; in Section 378 and 388 PC adultery may
Page
ground punishment.
that interrupts proceedings or he is of unsound mind, Or merely interlocutory

application, or where on bail and has been absent for more than two adjournments, In
Section 100 CPL presence may also be dispensed with if accused pleads guilty in writing
or through LP for offences with penalty not exceeding 6 months or 100 Naira (10,000
for ACJA).
He must however be present for sentencing.
:: ATTENDANCE OF THE COMPLAINANT IN COURT: is mandatory and absence
may ground dismissal of the suit but if there was prior notice or reasonable excuse, the
judge should adjourn the case. 280 CPL.
Where both sides are absent, court should adjourn and may (if repeated subsequently)
discharge. -280 CPA, 232 ACJL, 165 CPC.
:: ATTENDANCE OF VITAL WITNESSES IN COURT. Can be secured by subpoena
or summon.
:: DUTY OF PROSECUTING COUNSEL: he should be fair, impartial and ensure that
justice is done rather than seeking to secure conviction at all cost-COP V Tobin. He
shall not supress authorities unfavourable to his case he should make it available (even
to the accused) (at best he should distinguish it or ask the court to overrule where
possible). Rule 37 RPC, State V Odofin Bello.
: COURT REGISTRAR: properly accept, file and ensure service, intimate judge, read
and explain charge to accused, provide competent interpreter.
:: DUTY OF DEFENCE COUNSEL: he should accept criminal brief of accused (more
compelling in capital offences) and give the accused a benefit of doubt. After accepting,
he should defend the accused to the best of his abilities-Sunday Udofia V State.
Properly institute, He should not threaten withdrawal when he does not know who would
pay-Udo V The State. Diligence and dedication. Etc. Just Look at the RPC.
:: DUTY OF JUDGES IN A CRIMINAL COURT: he should appreciate that he is an
umpire and not descend into the arena of dispute or take over prosecution of the case-
Okoruwa V The State. Akinfe V The State. He must ensure fair hearing and give the
accused a benefit of doubt rather. Olatubosun V NISER, Garba V University of
Maiduguri, Mohammed V Nigerian Army.
:: ARRAIGNMENT: The trial is commenced by arraignment viz; the accused being
brought before the court47, then charge is read and explained to him (in the language he
understands) thereafter he is asked to plead.
Some principles on plea.
47
He is to proceed to the dock… unfettered-210 and 211 ACJL, 271(2)(a) ACJA. Section 34 and 36
23
of the 1999 Constitution. He may however be fettered (handcuffed) where there is apprehension of
violence or escape OR for his protection OR upon the order of the court/Judge/Magistrate. See
Page
Section 5, 8 and 271(2)(a) ACJA Turri V National Park Service of Nigeria.

- The Accused’s plea shall be recorded as nearly as possible in the exact words used
Section 215 CPA, 187 CPC, 211 ACJL, 271 ACJA. Gwonto V The State, Section 36(6)
Of the 1999 Constitution48.
- Accused must personally take his plea and it be recorded individually. It cannot be
entered on the accused’s behalf. Not even by counsel or co-accused. See R V Pepple,
Adamu V The State, Durowode V The State, Turri V National Park Service of Nigeria,
R V Boyle.
:: No omnibus plea. The accused must enter a separate plea to each count-Lasisi V The
State.
:: OPTIONS OPEN TO AN ACCUSED PERSON ON ARRAIGNMENT: he may;
1. Raise an objection: on jurisdiction or defect in the charge or double jeopardy or
pardon or statue bar. AG Federation V Abubakar, Madukolu V Nkemdilim. R V
Jinadu Court is to consider the objection then overrule and ask him to plead or uphold
objection and discharge him.
2. Refuse to Plead: court would ask and inquire why and advise him to plead. If refusal
is unwarranted, court enters not guilty on the plea and proceeds with trial-Gaji V The
State. Section 276 ACJA
3. Stand Mute: Court would inquire whether muteness is motivated by malice or caused
by visitation of God (e.g. insanity, deaf and dumb). If the former (malice), a plea of not
guilty is entered. If the latter, accused shall be detained at the pleasure of the Governor.
But if the accused can (from the inquiries of the court) still be made to understand the
proceedings, court shall enter not guilty and proceed. See Section 276ACJA, 223 CPA
Yesufu V The State.
4. Plead Guilty: such plea shall be recorded as nearly as possible in the words used by
the accused and court may proceed to convict accused on the plea. Aremu V C.O.P. 274
ACJA provided that the plea of guilty is unequivocal, unambiguous and not
inconsistent with any statement earlier made by the accused. Also if offence requires
expert evidence, such must still be proved before he can be convicted notwithstanding
his plea of guilty. Ishola V The State. For capital offences, plea of not guilty should be
entered notwithstanding that the accused pleaded guilty-274 ACJA Chukwu V The
State. Moreover, accused can withdraw his plea of guilty before conviction-R V The
Guest (All ER).
5. Plead not guilty to offence charged but guilty to another (lesser) offence: court may
EITHER (with the consent of the prosecution) convict him of this other offence
(provided court has jurisdiction) OR disregard and proceed to try him on the main
charge. Doing one precludes the court from doing the other. Odeh V FRN.
24
48
The judge should record that he is satisfied that the accused understood the charge which was read
over and explained to him before he was invited to take his plea. Failure may not nullify proceedings-
Page
215 CPA.
6. Plead Not Guilty: in which case he is said to have put himself upon his trial. 273
ACJA
7. Plead Not Guilty by reason of Insanity: 28 CC court shall examine whether the
accused committed the offence. If no, he would be discharged immediately. If yes, court
would inquire/determine if he was insane at the time of committing the offence. If yes;
he’d be remanded in custody at governor’s pleasure. 276 ACJA Kayode Adams V
D.P.P, Adamu V The State.
8. Plead Autre Fois Acquit or Autre Fois Convict: meaning that he has been earlier tried
by a competent court (foreign or local) over criminal offence/charge with same
ingredients as the present one and has been acquitted or convicted respectively. Section
36(9) CFRN. If proved, accused shall be discharged if not proved, he would be asked
to enter his plea and court would proceed with trial. See generally R V Jinadu.
_____________________________________________________________________
_______________________________________________________________
WEEK 14.
TRIAL 2: TRIAL PREPARATION AND EVIDENCE.
1. RULES OF EVIDENCE AS TO
- BURDEN OF PROOF: is a party’s legal obligation to adduce evidence to support his
case. It may be legal burden (ultimate) which is fixed by law (e.g. proof of
guilt/ingredients of offence which always rests on the prosecution in criminal cases as
failure of the accused to testify does not imply guilt-Mbele V The State, -35(6 and 11)
CFRN, 135 EA) or evidential49 which rests on the party that asserts and can shift (e.g.
plea of insanity, autre fois, facts specially within his knowledge, intoxication,
exemptions or burden imposed by statute, etc.). As the burden of proof lies on the person
who would fail if no evidence were given on either side-132 EA.
- STANDARD OF PROOF: the quantum required by law. For crimes, it is beyond
reasonable doubt (S 135 EA, Woolmington V DPP). For criminal defence it is on
balance of probabilities50.
49
In civil cases, the ultimate burden of proof rests on the plaintiff, this may change based on the
pleadings and existence of certain presumptions-Johnson V Maja.
25
50
Proof in civil cases is on balance of probability but a higher degree (beyond reasonable doubt) of
proof may be required where there is an allegation of crime-135.-Agbaje V Fashola; where special
Page
damages are claimed, where claim for special interest.

- BASIS FOR ADMISSIBILITY OF EVIDENCE: is relevance. In Torti V Ukpabi,

the court held that the evidence must have been pleaded and be relevant then the court
looks at the question of admissibility.
- COMPETENCE AND COMPELLABILITY OF WITNESSES: competence is the
ability of a person to give evidence while compellability is the authority of the court to
compel a person to give evidence.
All persons are competent except the court considers that they are prevented from
understanding questions put to them or giving rational answers-Section 175 EA. E.g.
Looking at intellectual capacity children, insane, etc. except they can understand.
A child (one below 14 years) can give testimony if the court is satisfied (after putting
certain questions to him) that First; he is possessed of sufficient intelligence; Second
that he understands the duty of speaking the truth-Peter V The State, Mbele V The
State, Solola V The State. If he passes the first, he can give evidence but it would not
be on oath. If he passes both, then he can give testimony on oath. If the child passes
none of the tests, then he is not competent to give evidence. This test also applies to aged
people, etc.
COMPELLABILITY: has been defined earlier. Some people are competent but not
compellable to give evidence. They include:
- President, Vice President, Governor and Deputy Governor: Section 308 CFRN,
Tinubu V IMB Securities.
- Alien and Diplomats (and their family and staff and official staff’s family): Section 1
Diplomatic Immunitites and Privileges Act.
- Accused person: is competent to testify (for himself and prosecution51) not compellable
to give evidence-Section 36(11).
- Spouse: spouse of the accused is competent and compellable for the accused. Not
competent for the prosecution except in sexual offences, violence against the spouse and
offences against the property of the spouse-Section 182 EA.
- Victim and Accused’s relations are competent but court should take their testimony
with circumscription and caution.
- Counsel is competent but should withdraw if he is likely to be a witness-Elabanjo V
Tijani.
CORROBORATION OF EVIDENCE: Corroboration is independent evidence which
confirms another evidence-R V Whitehead.
26
51
i.e. co-accused. Provided he has pleaded guilty and been convicted before being called by
Page
prosecution. is this the only one.

Generally, court does not require a particular number of witnesses to prove guilt except
where necessary Section 200 Evidence Act- Mohammed V The State. He need not call
all witnesses-Ali V The State.
Corroboration may be required by:
- By Statute/Law: For; - Evidence of accomplice-Section 198 EA; - Unsworn evidence
of a child-Section 209(3) E.A; - Treason and Treasonable Felony; Perjury; - Sedition; -
Exceeding Speed Limit, Section 201-204 EA respectively; - Breach of promise to marry
(Wilcox V Geofrey, Bassella V Stern); - Proof of custom.
- By Judicial Practice: the court should warn itself that it is unsafe to convict the accused
on the uncorroborated testimony of: - A co-accused, tainted witness (i.e. a person who
has his purpose to serve); - in Matrimonial Causes (Ibrahim V Ibrahim) etc.
Where corroboration is required by statute, non-corroboration can nullify a conviction.
Where corroboration is required as a matter of judicial practice, non-corroboration goes
to the quality of the evidence/testimony.
COMPUTER GENERATED EVIDENCE: hitherto the 2011 EA, admissibility of
electronic evidence was a herculean task. However, by Section 84 (1)-(4) EA 2011,
computer generated evidence is admissible provided accurate inputs were fed to a
properly functioning computer52 and the document was produced during a period of
regular storage and processing of information and presented by some person who can
answer questions about the functioning the said computer.
A Certificate of Compliance signed by a person largely responsible for the device
(identifying the document and details of computer and its production) should also be
produced-Kubor V Henry Dickson and Anor. FRN V Fani Kayode, Anyaebosi V RT
Briscoe.
:: TRIAL ADVOCACY; CASE THEORY AND TRIAL PLAN: trial advocacy is the
art and skill of persuasion. To effectively do this, one needs a good case theory (which
concisely and logically presents a credible account of facts from the perspective of his
client) and trial plan (which is his order of battle)53.
Note the implication of Section 308 and 309 ACJA and FHC and FCT practice Direction
2013 and 2014 on trial plan. It appears adjournments are now restricted.
:: ISSUE AND TYPES OF SUBPOENA AND WITNESS SUMMONS: both are
processes (ISSUED by Judge upon application by parties (or LP)) to compel attendance
52
the program is generated in conformity with the state of the art
53
This is t be drawn up after a careful appraisal of the charge, exhibits, evidence, statutory and
judicial required ingredients of the offence, defects and strengths of the case from both sides, probable
27
duration of the trial, questions to be asked in examination in chief and cross examination, fall back
strategies opening addresses and so on. This trial plan should be discussed with colleague for possible
Page
criticisms and contributions.

of witness to give evidence or tender document (habeas corpus ad Testificandum and

duces tecum respectively)-Buhari V Obasanjo. 218-219 EA
The Case should be adjourned where deserving to enable witness to be summoned.
Magistrate can issue witness summon but not subpoena ad testificandum.
:: PREPARATION OF WITNESSES FOR TRIAL: which is pre-trial briefing… Not
coaching but preparing witness.
:: CONTENTS OF OPENING ADDRESS AND DELIVERY: Opening address is a
short summary of the facts of the case from the party’s point of view. It is made at the
conclusion of arraignment. First by the prosecution, then defence then they are ready to
proceed with the hearing. Sc 300 ACJA. Prosecution may call his witness54 who would
be sworn on oath55. See generally; Section 200-218 EA
After conclusion of the prosecution’s case, the accused is entitled to address the court,
present his case and adduce evidence where required-Section 301 ACJA.
Note the implication of Rule 4 FCT Practice Direction 2014 which deals with pre-
hearing protocol.
_______________________________________________________________
_______________________________________________________________
WEEK 15
TRIAL 3 (EXAMINATION OF WITNESSES)
:: Examination of witness means putting questions to witnesses with a view to eliciting
relevant information. See generally Section 214 and 215 EA for examination of
witnesses.
:: TYPES OF EXAMINATION: NB: refer to the discussion in Professional Ethics on
Examination in Chief, Cross-Examination and Re-Examination.
a. EXAMINATION IN CHIEF: Examination by a party of his own witness to elicit
material and favourable evidence. Usually start with introductory questions and then
witness identifying and adopting his written statement on oath.
b. CROSS EXAMINATION: inconsistencies in witness’s statement (excluding
accused’s statement himself) may render unreliability.
- RE-EXAMINATION:
54
Provided that other witnesses should be out of sight and hearing. A witness that refuses to go out
28
can still testify, but the weight to be placed on his evidence would be affected.
55
Witness may be remanded where he unreasonably refuses to be sworn) Check 205 EA. However
Page
230 CPC allows non-believer to refuse to swear. See generally, Sc 208 EA.
1. WHAT QUESTIONS ARE NOT ALLOWED IN EXAMINATION IN CHIEF

2. ADMISSIBILITY OF DOCUMENTARY EVIDENCE SUCH AS CONFESSIONAL
STATEMENTS, EXPERT EVIDENCE, POLICE REPORT ETC.
Wide definition of document in Section 258 EA.
The general rule is that documents should be proved by primary evidence-Section 88
EA. Although secondary evidence may be given in Section 89 EA instances56 after
laying proper foundation and statutory explanation for why the secondary evidence
should be admitted instead of the primary evidence.
For public57 documents, a Certified True Copy is needed-Anatogu V Iweka II,
Fawehinmi V IGP, Awoniyi V Registered Trustees of AMORC.
From Section 83 EA; Generally, it is the maker58 (i.e. the confessor, expert, police, etc.
in question.) of the document/statement that should tender it before the court. Except;
the maker is dead or unfit to come (maybe body or mental condition) or cannot be found
and other instances where his attendance cannot be reasonably secured or if court is
satisfied that requiring the maker to tender the document would cause undue delay or
expense-Section 83.
Once tendered, court can “admit” or “reject”59.
FOR CONFESSIONAL STATEMENTS: definition is in Section 28 EA. Confession is
the voluntary (S 29 EA), direct and unequivocal admission of the offender/suspect to
committing the crime-Nwachukwu V The State. Though this does not ipso facto relieve
the prosecution, it can ground conviction-Usman V The State, 29(2) EA. It is admissible
in Section 29 EA.
Where accused denies making the statement, court would admit it but decide the weight
to attach to it-Ike V State. Nwachukwu V The State. But if he says he did not
voluntarily make it, (immediately statement is sought to be tendered60) court would
conduct a trial within trial to determine such allegation. If truly involuntary, the
confessional statement would be rejected otherwise, it would be admitted and accused
may be convicted solely on his confessional statement-Nwachukwu V State.
56
That the original is in possession of the adverse party (or a person legally bound to produce it) who
has not produced after due notice has been given to him. - The existence of the document has been
admitted in writing by the adverse party or his representative. - The document has been destroyed or
lost (lost and all search for it has proved futile). - Original is not easily moveable. - The original is a
public document (in which case the CTC can be tendered). - Bulky document which cannot be
conveniently examined in court. – If document is an entry in a banker’s book.
57
Public documents evince official acts of sovereign authorities/government, their bodies or arms.
58
Who had personal knowledge of the content or received the information in the course of his official
duty to receive such information from someone with personal knowledge. Provided that documents
29
made in contemplation of proceeding shall not be admitted.

59
Marked admitted or rejected
Page
60
Failing which it may be admitted and weight to be attached determined.
FOR EXPERT EVIDENCE: definition as a person specially skilled in an area. He can

give evidence which the court may rely on or reject. Expert evidence is required to prove
some offences-Ishola V State.
:: REFRESHING MEMORY: The expert is allowed to refresh his memory by Section
239 and need not show the adverse party the writing used to refresh.
:FOR POLICE REPORT:
:: ADMISSIBILITY OF HEARSAY EVIDENCE: Evidence of a person other than the
maker is regarded as hearsay and is generally inadmissible (Teper V R, Okoro V
State61)-38 EA. except (39) it is affidavit evidence (115), testimony regarding history,
dying declaration, res gestae (Akpan V State), Treatises, Reports of Police Investigators,
Testimony in previous proceedings, where it is impracticable for maker to testify,
admissions (Section 20-27), confession (28-32), statements against
proprietary/pecuniary interest, statements relating to existence of relationship by blood
or marriage, adoption, contents of lost will, etc, all Section 40-50 EA, where it is made
to show that the statement was made rather than to prove facts asserted.
POWERS OF A JUDGE OR MAGISTRATE (OR PRESIDING OFFICER) TO PUT
QUESTIONS TO WITNESSES: Judge can ask questions (whether relevant or not) and
can also require the production of relevant documents or call or recall persons/witnesses-
Section 200 CPA provided all is done for the just determination of the case.
Judge should not take over the conduct of the case or descend into the arena as we
operate an accusatorial (rather than inquisitorial) system of Criminal Justice-Okoduwa
V The State, Section 200 CPL, Akinfe V The State.
__________________________________________________________________________________
__________________________________________________________________________
WEEK 16
TRIAL 4 (PRESENTATION OF THE CASE FOR THE DEFENCE)
MAKE AN OPENING ADDRESS FOR THE DEFENCE.
:: OPTIONS AVAILABLE TO AN ACCUSED PERSON AT THE CLOSE OF THE
CASE FOR THE PROSECUTION: The accused may; make a no case submission, rest
his case on that of the prosecution, open his defence (i.e. call evidence, raise the
defence of alibi. See Generally Okoro V The State
:: NO CASE SUBMISSION: Section 302-303 ACJA.
30
Page
61
Because of tis unreliablility, depreciation of truth, etc.
Made if the accused is of the opinion that prosecution has insufficient or no evidence or
if prosecution’s evidence has been impeached/discredited such that it is manifestly
unreliable. R V Coker. Court should consider and rule62 either upholding (therefore
discharge and acquit the accused) or overruling the no case submission (if prima facie
case has been made by prosecution).
A wrongly overruled no case submission and conviction thereto would be set aside on
appeal irrespective of whether accused incriminates himself while participating in the
case after the no case submission-Okoro V The State, Mumuni V The State.
MAKE A NO CASE SUBMISSION:
:: OPTIONS OPEN TO THE ACCUSED WHEN NO CASE SUBMISSION IS
OVERRULED: where no case submission is overruled, the accused can (recall
prosecution witness for further cross-examination before he) enters his defence.
:: THE ACCUSED RESTING HIS CASE ON THAT OF THE PROSECUTION: This
is where the accused decides not to call any witnesses to testify for him in trial-Suleiman
V The State63. He just allows the case to be decided purely on the evidence adduced by
the prosecution. Section 36(11) constitutional right of accused to remain silent.
This would be a reckless move if the prosecution has made out a prima facie case-
Babalola V The State.
:: RAISING THE DEFENCE OF ALIBI: here the accused is saying that he was at a
place different from the scene of the crime at the time the crime was alleged to have
been committed and therefore could not have been the one that committed the offence.
He should give particulars of the place, date, time and who was with him and the alibi
should be entered at the earliest opportunity-Mohammed V State. Akpan V State. This
plea be investigated by police.
: OPENING HIS DEFENCE: Ordinarily; at the close of prosecution’s case, the court
should discharge the accused if prosecution has not made out a prima facie case. But if
prima facie case has been made out, accused should be called upon for his defence.
1. He may make a statement from the dock without being sworn and not liable to cross-
examination.
2. He may give evidence from the witness box (in which case he would be sworn and
can be cross-examined)
3. That he may not say anything64. Okoro V The State.
Next the court asks him if he has any witness to examine or other evidence to adduce-
240 ACJL. The court should tell accused that he can do any of the above where he is not
62
In its ruling, it should be confined to submissions and not be too lengty as to fetter its discretion-
31
Odofin Bello V The State, Atano V AG Bendel.

63
Although he is not precluded from addressing on the facts, law and veracity of witness.
Page
64
That fact that these have been intimated to the accused should be recorded.
represented by counsel. If he is represented by counsel, his counsel is presumed to know

and should proceed with the defence-Adio V The State.
Substantial compliance would suffice-288 CPL.
THE EX IMPROVISO RULE (i.e. WHEN PROSECUTION MAY BE ALLOWED TO
CALL EVIDENCE IN REBUTTAL OF EVIDENCE OF THE DEFENCE): once
defence has closed its case prosecution cannot call any more evidence/witnesses except
the accused (in his defence) had raised new matters which the prosecution could not
have envisaged/foreseen. In such case, the prosecution may (with leave of court) adduce
evidence to rebut-Bala V The COP.
FINAL ADDRESSES FOR THE PARTIES: after accused has concluded his defence,
he or his counsel may deliver a closing address which is a succinct summary of the facts
and arguments and urge court to hold in its favour65. Next the prosecuting counsel shall
address. The defence may only reply on points of law66.
Failure to address would not vitiate the proceeding although both parties should be given
the opportunity of a final address as addressing would assist the judge and accords more
with fair hearing-Ndu V The State. Final address is also taken into account in
computing time to give judgment under Section 294 CFRN.
The magistrate or judge(s) that presides should hear from arraignment to sentence with
constant composition. Where there is a change or the judge is promoted or alteration in
composition, the trial should restart de-novo (i.e. afresh)-Umukoro V State.
Although ACJA Section 396 entitles an elevated judge to continue to sit to conclude
part-heard cases that were pending before him at the time of elevation.
MAKE CONCLUDING /FINAL ADDRESSES FOR THE PARTIES.
VISIT TO LOCUS IN QUO: PURPOSE AND PROCEDURE (Section 127 and proviso
to S 76 EA) so as to inspect real evidence… physical observation of a thing/place where
necessary to clear ambiguities and for just determination of the case. By Section 127(2);
- the Court may adjourn and continue sitting at the locus OR - Attend the locus, inspect
and return to court to continue sitting. Evidence of what transpired shall be given in
court after the visit. Parties must be present and accorded fair hearing. Seismograph
Service Nigeria Ltd V Ogbeni.
_________________________________________________________________
65
In Lagos and Abuja, the closing address should be in writing… then the parties merely
adopt/emphasize and clarify written address already filed. A4, numbered serially and contain brief
statement of facts, issues arising, succinct statement of arguments and authorities with full citation.
Where a party/parties are absent court deem written address adopted
32
66
Note however that where the accused did not call any witnesses or document (excluding witness of
character), the defence does not have a right of reply except he is a Law officer (as law officer may
Page
decide to reply) S 202 CPL.

_________________________________________________________________
WEEK 17
JUDGMENT AND SENTENCING
:: FEATURES OF A VALID JUDGMENT See, 245 CPA, 269 CPC, 275 ACJL, 308
ACJA Adamu V The State: it should:
- Be written, dated, signed or sealed (c) by the court when pronouncing it in open court67.
- Contain consideration of facts, evidence, point(s) for determination, evaluation
decision(s) thereon and reasons for the decision. Adamu V The State.
- Should be given on each count and offender.
- The Judge should convict (each of/) the accused before sentencing. It is desirable (not
mandatory) to record reasons for sentencing.
:: EFFECT OF FAILURE TO COMPLY WITH THE PROVISIONS of SS 245 & 269
of the CPA & CPC respectively. Substantial rather than strict compliance with the law.
The effect would depend on the circumstances of the case and a retrial may be ordered
where injustice is caused. E.g. where; - (leaving the error) evidence taken as a whole
discloses a substantial case against the appellant; - it is not oppressive to retry; - the
offence is not merely trivial; - to refuse an order for retrial would occasion a greater
miscarriage of justice than to grant it SHEHU V STATE. Section 294 CFRN.
Once judgment has been pronounced, the judge is functus officio-Abiola V FRN. Note
also Queen V Timothy Fadina.
:: TIME LIMIT WITHIN WHICH TO DELIVER JUDGMENT: Section 294 CFRN
notes that is should be delivered within 90 days from conclusion evidence and final
addresses. Parties are to get authenticated copies on the date of delivery
:: CONVICTION:
Modes of Delivery of Judgment. AG Imo State V AG Rivers. 294(2) Of the 1999
Constitution.
The Magistrate/judge who conducts the trial is to deliver the judgment and sentence in
open court and in the presence of the accused person(s). Where unavoidably absent, his
colleague could deliver/pronounce/read his written and signed judgment/opinion-315
ACJA. AG Federation V ANPP.
Each justice/judge of the Court of Appeal/Supreme Court shall express and deliver his
judgment in writing. He may just adopt any of his colleague’s written opinion.
33
67
Although magistrate in south and ACJA may deliver oral judgment and later reduce it in writing
Page
308ACJA. Or record judgment in form.

:: ALLOCUTUS: After conviction but before sentencing, court/registrar may ask

accused why sentence should not be fully passed on him. He may then plea allocutus to
mitigate the punishment-Section 310 ACJA. Maybe that judge should temper justice
with mercy, maybe he is the bread winner of his family, just starting out life and has no
criminal record, etc.
:: POWER TO CONVICT AN ACCUSED FOR AN OFFENCE WITH WHICH
HE/SHE WAS NOT EXPRESSLY CHARGED: is possible where evidence led though
insufficient for the conviction of the charged offence can ground conviction for the
lesser/other offence e.g. Manslaughter for murder-Nwachukwu V The State. Because
by notice of the present offence, he is deemed to have notice of the lesser offence.
Provided the court does not pass a sentence higher than the maximum for the offence.
:: PUNISHMENT: The prescribed punishment connotes the maximum punishment but
it is not mandatory to impose it except it is fixed by law68. E.g. Capital offences which
require death sentence.
:: VARIOUS TYPES OF PUNISHMENTS AND SENTENCING ALTERNATIVES:
It may be to run concurrently (at the same time without starting again for the next one)
or Consecutively (i.e. one at a time… add the years together). Court is to pronounce
sentence on each count and decide whether they run concurrently or consecutively. The
aggregate for consecutive sentence should not exceed the punishment limit of Magistrate
court (or twice the limit in North).
The kinds of punishment may include; - Death Sentence; - Imprisonment69 (with or
without hard labour); - Fine (it appears court cannot exceed the limit of fine); - Caning70
(77 Penal Code) exclusion of women, men over 45 years & those already sentenced to
death71; - Deportation (41 CFRN, Shugaba V FMIA and ors); - Haddi lashing (for North
only and those subject to Muslim Faith and have committed offences against morality
viz; adultery, injurious falsehood, drunkenness, and defamation-388 PC, CP (Check
Haddi Lashing Order in Council 1960). Check mode of execution in 307 CPC.
It is essentially directed to subjecting convict to disgrace rather than pain). - Binding
Over; -Conditional Discharge; -Probation; -Parole (release of prisoner before expiry of
a sentence on promise of good behaviour-468 ACJA almost same as binding over and
probation)- Police Supervision; -Compensation or Restitution; -Payment of Prosecution
costs; -Compensation for vexatious and Frivolous prosecution.
68
It appears the Judge’s hands are tied notwithstanding plea of allocutus. E.g. RFA 2004 prescribes
hanging or firing squad for Armed Robbery. Attempted Robbery is life imprisonment. Also cannot go
below the minimum sentence.
69
Where the law prescribes mandatory; no discretion. Where the law says imprisonment only, no fine
in lieu. Life imprisonment is equivalent of 20 years.
34
70
308 CPC. The number of strokes should be specified by the law but court cannot impose more than
12 strokes 77 PC. No caning by instalment.
Page
71
caning has been removed from ACJL and ACJA
:: PREROGATIVE OF MERCY: the convict or court may appeal or recommend to the

president or governor through the AG for prerogative of mercy. The President then
consults with the advisory Council on prerogative of mercy. And may grant the offender
pardon, reprieve or lesser sentence.
:: EXPLAIN THE PROCEDURE FOR PREROGATIVE OF MERCY:
death sentence must be confirmed by the President/Governor (as the case may be) before
execution and the judge shall (as soon as practicable) transfer the CTC of record of
proceedings and a copy of certificate of death sentence, written report containing
recommendations of the court concerning the accused person sentenced to death… to
the AG/Minister/Commissioner that advises the President or Governor on prerogative
of mercy.
:: MODE OF PRONOUNCING THE DEATH SENTENCE AND EFFECT OF NON
COMPLIANCE: “the sentence of this court upon you is that you be hanged by the neck
until you be dead (ACJA adds “or by lethal injection” here and omits the remaining)
and may the lord have mercy on your soul72”-367 CPL, 402 ACJA. It is desirable to
comply with the form but non-compliance would not vitiate sentence provided accused
was not confused.
In Armed robbery, death sentence is by firing squad.
:: EXCEPTIONS TO THE DEATH PENALTY. – A pregnant woman shall be
sentenced to life imprisonment instead. In ACJA, execution would be suspended until
the baby is delivered and weaned. – young persons who have not attained the relevant
age (18) at the time of committing the offence-Modupe V The State. He is to be
detained at the pleasure of the president or governor. 404 ACJA, ACJA 405 provides
that he be subject to life imprisonment instead.
:: PLEA BARGAINING: in 75 & 76 ACJL and 270 ACJA only. See also Section 14
EFCC Act. Originated from US and affirmed in Robert M Brady V United States and
revalidated in Romrig (Nig) Nig Ltd V FRN.
It is a written and signed negotiated agreement between a prosecutor and
defendant/accused. Categorized into two:
- Charge Bargain: the accused agrees to plead guilty in exchange for the prosecutor
dropping some charges against him.
- Sentence Bargain: Accused agrees to plead guilty in exchange for the prosecutor
proffering a lesser punishment.
The defendant may forfeit some of his properties/monies to the State.
35
Page
72
ACJL says God not the Lord.
After agreement, prosecutor notifies the court73. The court must be satisfied that the
defendant voluntarily entered, was warned of his right to remain silent and it aware of
the full terms of the agreement before it convicts him based on his plea.
This saves time and cost of both the parties and the cost ultimately unclogging the
wheels of justice.
:: RESTORATIVE AND RETRIBUTIVE JUSTICE. To reduce congestion in prisons,
rehabilitate prisoners, productivity, prevent simple offenders from mixing up with
hardened criminals-Section 460 ACJA. E.g community service. Would not avail
convicts of arms, offensive weapon, sexual offences or offence which term exceed three
years i.e. felony.
Other points: the court may postpone sentence and release accused on bail-311 ACJA.
Magistrate may send accused to a higher court where it opines that the punishment
accused should receive is higher than that it can impose.
_____________________________________________________________________
______________________________________________________________
WEEK 18
APPEALS 1
Appeal is where a party seeks to review or reverse any error or omission by a lower
court at the higher court.
:: EXPLAIN THE BASIS OF APPEAL: Appellant should have the right to appeal (this
right being conferred by statute). From Section 243 CFRN, it is only a party to a case
that has a right of appeal. Adili V The State. Appeal should be in sequence through the
hierarchy of court… no leap frogging.
: Types of Appeal: may be interlocutory (needs stay to suspend actions in the lower
court) or appeal against final judgment.
:: WHAT IS AN APPEALABLE DECISIONS.
:: WHO MAY APPEAL AGAINST A DECISION OF A COURT IN A CRIMINAL
MATTER: only the accused or the prosecutor can appeal-Akinbiyi V Adelabu
:: PROCEDURE FOR APPEALS FROM MAGISTRATES COURTS: Section 272 (2)
CFRN gives HC appellate jurisdiction over Magistrates’ Court.
No provision requiring leave but note Nwankwo and Anor V The C.O.P. The prosecutor
may appeal on the ground that (57 MCLL 2004) an order of acquittal/discharge is
erroneous in law; - That the proceedings or any part thereof is in excess of jurisdiction;
- That the sentence is below the minimum or above the maximum permitted by law.
36
Page
73
Court should not have participated in the negotiation.
Also, before judgment, accused or prosecutor or AG or Magistrate Suo Moto may direct
the magistrate (or himself) to refer points arising from the trial or interpretation of CFRN
for the opinion of the High Court-Section 259 CFRN, 65 MCLL, R V Eze.
Appeal must be filed within 30 days of the decision (where later, then leave of the MC
should be gotten by motion supported by affidavit and reasons for lateness).
Written and signed Notice of Appeal must be given to the registrar of the MC. In CPC
(North), NOA can be oral. 280 CPC. Oral notice may be given at the time of
pronouncement of judgment before the opposing side leaves the court.
NOA should also be served on the respondent personal or substituted where the former
cannot be achieved. If in prison may give notice of appeal to officer in charge of the
prison and this is deemed to be the date it is filed-(280 CPC) Notwithstanding that prison
authorities delayed.
Where more than one appellant, each must file separate notice of appeal74.
- In the appellant’s notice of appeal, he must set out the grounds for appeal detailing
each error, omission or irregualarity he wishes to argue on appeal. Ground not set out
cannot be argued on appeal.
- Where appellant is not a public officer, he must pay the fees for filing the appeal.
- Appellant shall enter into a bond (with or without surety) to prosecute the appeal with
diligence, abide by the results and pay costs if any.
- The time and place of hearing the appeal shall be served by the registrar of the HC on
all the parties to the appeal.
- The respondent can reply to the grounds of appeal then appellant can reply topoints
made by the respondent.
The court may allow additional evidence to be adduced on appeal where necessary.
- A criminal appeal shall abate upon the death of the appellant (except it is in relation to
payment of fine).
- appeal may be abandoned by appellant giving a written and signed notice of
abandonment to the registrar of the court below not less than 2 days before the date fixed
for hearing.
Court may dismiss appeal where it feels no substantial miscarriage of justice was
occasioned, it may affirm the conviction and sentence or alter the sentence.
37
Page
74
As joint notice of appeal is incompetent-Uwazuruike V AG Fed.
:: PROCEDURE FOR APPEALS FROM DECISIONS OF HIGH COURT: note

Section 241 & 242 CFRN, Nafiu Rabiu V The State, Or 18 CAR 2011. Appeal may
be as of right or with leave of the court75
- Appellant shall give written notice of appeal (or notice of application for leave to
appeal) personally signed by him76 to the registrar of lower court for onward
transmission to registrar of CofA.
Application can be made for extension of time within which to appeal. Leave can be
sought from CofA where HC delays for 14 days. Application for leave is to be made by
motion on notice supported by affidavit exhibiting the grounds of appeal. Where notice
of appeal is not filed, the appeal will be struck out-Amusa V The State.
Appellant must file NOA within 90 or 14 days for final judgment and interlocutory
judgment respectively. Where he is out of time, he should also file for extension of time
within which to appeal77.
- The HC registrar compiles record and transmit to registrar of CoA. Parties may be
summoned to settle documents to be included in the record of appeal and Registrar may
fix amount to be deposited. If registrar fails to compile records within 60 days, appellant
has 30 days to do so and transmit 20 copies to registrar CoA.
- Hearing of appeals is through brief of argument
- Appellant shall file brief of argument (succinct statement of his argument on appeal)
within 45 days of receipt of the record of appeal (and within 15 days of transmission of
record) of appeal from the court below.
- Respondent is to file his own brief of argument within 30 of service of appellant’s brief
on him. Answering all material points raised by the appellant in his brief.
- Appellant may file a reply brief to respond to new points/issue(s) of law raised in
respondent’s brief (where necessary) within 14 days of service of him of respondent’s
brief (but not later than 3 days before date for hearing the appeal).
Note that each party should file 20 copies of his brief of argument and all copies for
service shall be endorsed by the registrar.
75
It is as of right where it is; - An appeal against the final criminal decision of A HC/FHC sitting as
court of first instance OR an appeal on question of law alone OR on application or interpretation of
the Constitution OR chapter 4, OR where liberty of a person is in dispute; Or other ground stated by
the National Assembly or HOA in law. Other instances (e.g. question of fact, mixed law and fact, etc.)
is with leave of the court.
76
Counsel may sign where appellant is unsound, body corporate, etc. See Or 17 Rule 4 CAR.
Processes filed by counsel should be in his own name. Note that notice of appeal shall be nnecessary
if he has already applied for leave to appeal. If leave to appeal is refused by HC he can apply to CoA
38
within 15 days of the court’s ruling attaching Motion on notice for leave, CTC of Lower Court’s
decision; Copy of proposed grounds of appeal; - Copy of Order refusing leave.
Page
77
With affidavit containing reasons for delay and that grounds of appeal are likely to succeed.
- The BOA should contain – Heading (court, parties, appeal number, title); - Table of
Contents; -Introductory/preliminary Statement (i.e. which court, whose judgment, what
date, appeal against full or interlocutory matter, who is appealing); Issues for
determination; - statement of facts; Argument of Issues; - Conclusion/summary; - List
of Authorities; - Name of counsel, signature and date of brief; -Address(es) for service.
- not less than 3 justices of the CofA determine the case and each must give his written
judgment or adopt the written opinion/judgment of his colleague. Not all need to be
present as (even a single) colleague may pronounce the written and signed opinion of
the other(s) (whether or not he was in the panel). AG Imo V AG Rivers State, AG Fed
V NPP.
Note the CofA (Fast Track) Practice Direction 2014 which reduces time to file
respondent’s brief to 10 days. Note also the Supreme Courts practice direction and its
effects on appeals.
Note the CofA (Fast Track) Practice Direction 2014 which reduces time to file
respondent’s brief to 10 days. Note also the Supreme Courts practice direction and its
effects on appeals. For fastrack, no oral argument is allowed except the court wishes
clarification.
:: PROCEDURE FOR APPEALS FROM DECISIONS OF COURT OF APPEAL TO
SUPREME COURT: 233 CFRN Appeals lie to them as of right where ground involves;
-question of law alone, questions as to interpretation of CFRN, Chapter IV; -appeal
against death sentence; - such other cases prescribed by an Act of the NASS. Application
for leave is filed first at CoA then to SC within 15 days from refusal of CoA. 27 SCA
The appellant should (file notice of) appeal within 30 days from judgment-Section 27
SCA although appeal for extension of time within which to file appeal can be made with
genuine reasons shown for delay.
Time for filing notice of appeal does not begin to run until accused is notified of the
judgment.
Every other procedure is similar to CofA just that appellants brief is 10 weeks
respondent is 8 weeks, appellant’s reply is 4 weeks, parties file 10 copies and have one
hour to argue.
Not less than 5 justices to hear case-S 10 SCA, 234 CFRN. But full court needed for
appeal brought under Section 233(2) CFRN.
_____________________________________________________________________
_______________________________________________________________
WEEK 19
39
Page
APPEALS 2
:: GROUND OF APPEAL: (rearrange) may be that – Trial court lacked or exceeded

jurisdiction, - decision was obtained by fraud; - double Jeopardy; -Wrongful
admission/rejection of evidence and no sufficient evidence to sustain conviction; -
decision is erroneous in point of law; illegalities not earlier mentioned were committed
in the course of trial; - sentence passed on conviction were excessive or inadequate
(unless it is one fixed my law)
:: ADDITIONAL GROUNDS OF APPEAL AND ADDITIONAL EVIDENCE ON
APPEAL: in his ground of appeal, appellant should give sufficient particulars. Note also
that his argument should be restricted to grounds of appeal filed. Additional Grounds
can be argued with leave of court-Esoh V COP.
:: CONSTITUTION OF COURT AND PROCEDURE: Refer to discussion above.
:: ORDERS THE COURT MAY MAKE AFTER HEARING AN APPEAL.
- Order a retrial: (where there has been an error in law or irregularity which has
occasioned a miscarriage of justice; - where from the evidence, there exists a substantial
case against the appellant; - where ordering a retrial would not be oppressive; where
refusal would occasion greater miscarriage of justice; - Probable duration and expense
of the new trial; - seriousness of the prevailing offence; - Lapse of time since the
commission of the offence and its effect on the quality of evidence-Okere V The State.
:: BAIL PENDING APPEAL: Refer to earlier discussion.
: Cross-Appeal: is an independent appeal by the responded against the judgment of the
lower court. To be determined on its merit together with appellant’s.
: Respondent’s Notice: means that the respondent is asking for the decision of the court
below to be varied either in part or in whole or that the judgment be affirmed on grounds
other than those relied in the court below.
:: ABANDONMENT OF APPEAL: where appellant expressly or impliedly does not
wish to continue with the appeal.
:: ABATEMENT OF APPEAL: where appellant dies before appeal is concluded. It
abates and does not continue except it is an appeal against a fine. 24 MCLL2004.
:: DRAFT NOTICE AND GROUNDS OF APPEAL
:: PREPARE AND ARGUE AN APPLICATION FOR BAIL PENDING APPEAL
:: PREPARE BRIEFS OF ARGUMENT.
40
Page

Jesus Loves You: Law Notes, Past Questions and Answers at

Uploaded by

Copyright:

Available Formats

Jesus Loves You: Law Notes, Past Questions and Answers at

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Jesus Loves You: Law Notes, Past Questions and Answers at

Uploaded by

Copyright:

Available Formats

Law Notes, Past Questions and answers at www.isochukwu.

JESUS LOVES YOU

the High Court Rules 1970 was enacted

V IGP AG may (subject to recommendation of the Lagos State Judicial Service

criminal like manslaughter, murder, house breaking, extortion) offences.

Fair hearing is mandatory-Nigerian Army V Mohammed.

escaping lawful custody.

pubishable by imprisonment-28 PA.

from lawful custody-Section 3 ACJL.

prescribed Form (FORM 3 for ACJA).

Officer in charge of station) or orally made to the court).

:: FACTORS THAT GOVERN THE GRANT OF BAIL BY THE COURT: As noted

can appeal Tea V C.O.P.

the court) publicity would be contrary to interest of justice.

or personal relationship, -natural aversion to the facts of the case.

that interrupts proceedings or he is of unsound mind, Or merely interlocutory

Section 5, 8 and 271(2)(a) ACJA Turri V National Park Service of Nigeria.

damages are claimed, where claim for special interest.

- BASIS FOR ADMISSIBILITY OF EVIDENCE: is relevance. In Torti V Ukpabi,

prosecution. is this the only one.

criticisms and contributions.

of witness to give evidence or tender document (habeas corpus ad Testificandum and

1. WHAT QUESTIONS ARE NOT ALLOWED IN EXAMINATION IN CHIEF

made in contemplation of proceeding shall not be admitted.

FOR EXPERT EVIDENCE: definition as a person specially skilled in an area. He can

Odofin Bello V The State, Atano V AG Bendel.

represented by counsel. If he is represented by counsel, his counsel is presumed to know

decide to reply) S 202 CPL.

308ACJA. Or record judgment in form.

:: ALLOCUTUS: After conviction but before sentencing, court/registrar may ask

:: PREROGATIVE OF MERCY: the convict or court may appeal or recommend to the

:: PROCEDURE FOR APPEALS FROM DECISIONS OF HIGH COURT: note

:: GROUND OF APPEAL: (rearrange) may be that – Trial court lacked or exceeded

You might also like