CRIMINAL LITIGATION WEEK 6

PRE-CLASS ASSIGNMENTS ON JURISDICTION AND VENUE OF COURTS OF CRIMINAL

JURISDICTION

Instructions:

Students are to read up the above topic in advance. Each Group is to attempt all the tasks flowing from the
scenarios below, and prepare powerpoints for presentation in class.

Scenario 1

Timi, 30 and Iki, 29 are members of a criminal gang that specializes in snatching new expensive cars from their
owners. On 25 December 2021, they robbed Mr Giwa Tonye of his 2021 black Mercedez G-Wagon at gunpoint at
26 Nnamdi Azikiwe Street Idumota Lagos State. Tombra, a 14-year old member of the gang shot the gateman dead
in the ensuing struggle. They drove the car from Lagos to the FCT Abuja, where they quickly sold it to Chief
Yusuf Eke, a car dealer, for N12m. One month later, the trio were arrested by the Police in their apartment at
Gwagwalada Abuja. Tramadol, Indian Hemp, and N500,000.00 counterfeit naira notes were recovered from them.
Meanwhile, Mr Chu Jung, a Chinese had allegedly battered his girlfriend Kafiyat Nura of 13 Taiwo Way Kano for
refusing to give in to his sexual advances for fear that he might be carrying the dreaded coronavirus disease.
Answer the following questions:

1. List the offences commiteed in this scenario, the offenders, and the courts with jurisdiction to try them.

2. Assuming the trio were brought before a Magistrates’ Court in the FCT Abuja for the offence of armed robbery,
and the Magistrate makes an order remanding them for 14 days, comment on the legality of the order.

3. Assuming Timi, Iki, and Tombra were charged for stealing, receiving stolen goods, and assault occasioning
harm carrying upon conviction imprisonment terms of seven years, five years, and four years respectively before a
Magistrates’ Court in Lagos, comment on the powers of the Magistrate to impose consecutive sentences against
them if they are convicted of all the offences. Would your answer be different if Magistrates’ Courts in Kano and
FCT Abuja had tried them?

4. Comment on the power of the Upper Area Court in Kano Mr Chu Jung. If Chu Jung had committed this offence
in Lagos, could the Customary Court sitting in Lagos try him? Give reasons for your answer.

5. Justify the trial of Tombra with Timi and Iki in your answer to Question 1 above. Would your answer be
different if Tombra had been tried separately?

6. State the courts to which any of the parties will appeal the judgments of the trial courts in Question 1 above if
they feel dissatisfied with them
Scenario 2

Ayeni Magnus was the Chairman of Yenagoa Local Government Area between 2018 and 2021. While he occupied
the office of the Yenagoa LGA Chairman, he, also, engaged in extensive cassava and fish farming. He made a
fortune from them. As soon as he finished his tenure, he was arrested, and charged to the Federal High Court
sitting in Bayelsa State for abuse of office for using his time as a chairman to run two big farms. Justice Benjamin
Okonta before whom Ayeni was tried was recently elevated to the Court of Appeal of Nigeria. While in the Federal
High Court, he handled a case of trafficking in person in which the Prosecution had closed his case. The defence
had fielded two of its three witnesses. The parties, therefore, requested Justice Benjamin Okonta to come finish the
part-heard matter, which he gladly did. The defendant was convicted, and sentenced to five years of imprisonment.

Answer the following questions:

1. Comment on the propriety or otherwise of charging Ayeni Magnus before the Federal High Court in this case.

2. React to Justice Benjamin Okonta finishing the proceedings in the human trafficking case.

3. Comment on the legal effect of the conviction and sentence of five years of imprisonment handed down by
Justice Benjamin Okonta in this case.
Scenario 3

Major General Akuwobi Yanor was the Commanding Officer of Operation Wipe Out Terrorism. He is a no-
nonsense man and ruthless. In a bid to achieve his mandate in time, he issued an order for drone attacks on Yaro
Village where terrorist were suspected to be hiding despite the fact that the attacks would put the lives of about
5000 people including women and children living there in danger. The exercise led to the deaths of over 2000
people, mostly children. The Nigerian Army had through a press conference on the NTA convened a General Court
Martial to try Major General Akuwobi. It appointed Colonel Cobra as the President of the Court with 3 other
members: a Lieutenant Colonel, a Major, and a Captain. There was massive international condemnation of the
exercise with calls for Major General Akuwobi’s trial at the International Criminal Court (ICC).

Meanwhile, the General Court Marshal had concluded the trial of Major General Akuwobi. He was dismissed from
the Nigerian Army and sentenced to 10 years of imprisonment in a decision not signed by the Captain, a member
of the Court. The judgment was to take immediate effect.

Now, answer the following questions:

1. List and briefly comment on issues relating to the jurisdiction of the General Court Martial to try Major General
Akuwobi Yanor in this case.

2. State the differences, if any, between a General Court Martial and a Special Court Martial.

3. Mention the non-voting members of a General Court Martial and outline their roles.
4. Discuss the order of the General Court Marshal that its decisions take immediate effect.

5. State the condition precedent to charging Major General Akuwobi to the ICC, and the methods/modes of doing
so.

6. List the offences for which he could stand trial before the ICC.

F. O. Agbo, Esq,

Course Lecturer.