Power Point Criminal Litigation-2

NIGERIAN LAW SCHOOL- CRIMINAL LITIGATION
POWERPOINTS
ON
CRIMINAL LITIGATION
NIGERIAN LAW SCHOOL

(2020/2021)
CAVEAT: This compilation is intended to serve only as a Mobile access to the topic from the
Nigerian law school virtual classroom for students who could not access the NLS Virtual
Classroom and the compilers hereby disclaim any malfeasance or misfeasance arising from
the wrongful or unlawful application of the material or information contained herein.
1
Table of contents
1. (week 3) Introduction to criminal litigation and overview of course -3

2. (week 4) Searches and Arrest - 12
3. (week 5) Pre- Trial investigation and police interview outcome - 19
4. (week 6) Courts of Criminal Jurisdiction - 29
5. (week 7) Institution of Criminal Proceedings Contents - 48

6. (week 8) Charges - 59
7. (week 9) Defective Charge - 70
8. (week 10) Bail pending trial - 82
9. (week 11) constitutional safeguards to ensure fair trial of an accused person – 97
10. (week 12) Constitutional safeguards ii -101
11. (week 13) Trial part I Attendance of parties arraignment - 105
12. (week14) Trials ii preparation and evidence - 116
13. (week15) Trial iii Examination of witnesses - 127
14. (week 16) Case for defence - 137
15. (week 17) Judgment and and sentencing - 145
16. (week 18) Appeals i
- 171
17. (week 19) Appeals ii - 181
2
(Week 3)
INTRODUCTION TO CRIMINAL LITIGATION AND OVERVIEW OF COURSE
INTRODUCTION TO CRIMINAL LITIGATION
The word criminal derives from the word “crime” and it is synonymous to
“offence”. It simply refers to any act or omission which the law of the land forbids
and against which the law prescribes sanctions or punishment. See Section 2 CC,
Section 28 PC, Section 2 CPA, Section 371 ACJL 2011, and Section 494 ACJA for
the definition of an offence. For an act or omission to constitute a crime, such act
or omission must be specifically regarded as a crime in a written law. See Section
36(12) CFRN 1999. On the other hand, “Litigation” generally refers to legal
proceedings in a court; a judicial contest to determine and enforce legal rights or
to ascribe legal obligations.
Thus, criminal litigation is a legal proceedings in court that deals with criminal
matters. It involves processes used by courts in entertaining criminal proceedings
or cases before them. The processes include complaints, summons, arrest, bail,
conclusion of investigations, charge, arraignment, trail, defence, judgment,
sentence and appeals which are all considered as part of the scope of criminal
litigation.
COMPARISON OF CRIMINAL AND CIVIL PROCEEDINGS
I. Similarities
1. Objective of serving Justice: The objective of both is to serve justice.
2. Court Room: The both trials are herd and determined in the same court room.
3. Presiding Judges: the judge who sits to hear criminal matters is the same judge
who sits to adjudicate over civil matters brought before the same court.1
4. Double Jeopardy/Res Judicata: the rule against double jeopardy provided for
in Section 36(9) CFRN 1999 in relation to criminal trial has an equivalent in civil
proceedings known as res judicata.
II. Differences
1. Commencement: criminal proceedings are commenced by the state usually
through the Attorney General,2 police,3 or any other person authorised person or
authority, while civil proceedings is commenced by an individual or a corporation
in his/its own name for enforcement of his/its own rights.
2. Parties: in criminal proceedings, the state is referred to as the Prosecution and
the opposing party as the Accused or Defendant, while in civil proceedings, the
person commencing the action is referred to as the Plaintiff/Claimant/Petitioner
and the opposing party is the Defendant/Respondent.
3
3. Outcome of Proceedings: at the end of a criminal case, the court will discharge
and/or acquit the accused person or convict him/her and punished, while at the
end of a civil case, the court will either find for the Plaintiff or dismiss his/her
claim. 4. Burden and Standard of Proof:
in criminal cases, the burden of proof is on the prosecution and the standard of
proof is beyond reasonable doubt,4 while in civil cases, the burden of proof is on
he who asserts5 and the standard of proof is on the balance of probability or on
preponderance of evidence.
1
However, in some jurisdictions like Lagos, some Judges are assigned to hear only
specific matters.
2
Section 174 & 211 CFRN 1999
3
Section 23 Police Act
4
Section 138 Evidence Act
5
Section 135 Evidence Act
5. Constitutional and Statutory Protections: in criminal trials, the accused person

enjoys a variety of legal protections such as mandatory legal representation in
capital offences, right to speedy trial, etc. while in civil trials, once the two parties
are of age, each fights the case however he/she wants subject to necessary
directions from the court.
6. Giving of Evidence: in criminal trials, an accused person may choose not to give
evidence or say anything at his trial and his silence will not mean he is guilty,6
while in civil proceedings, where the defendant is in default of appearance or
pleadings, judgment (default judgment) may be given against him except where
the claim is for declaration.
SOURCES OF THE LAW/RULES GUIDING CRIMINAL PROCEEDINGS
I. Principal Enactments
These are enactments which are so central to criminal proceedings that you can
virtually not commence criminal proceedings without reference to them.
1. Criminal Procedure Laws: this was initially enacted as the Criminal Procedure
Act in 1945 and had general application throughout Nigeria until 1963 when the
CPC was enacted to govern criminal proceedings in Northern Region. The
application of CPA was then limited to Southern Region7 and it has been re-
designated as the Criminal Procedure Laws of the various states. The CPA was
used in criminal proceedings before the FHC and NIC until the coming into force
of the ACJA in 2015. The CPA is also not applicable in Lagos because the ACJL of
Lagos 2011 is the law now applicable. Other southern states that have equally
4
adopted the ACJA and now using ACJL instead of the CPL are Anambra 2010, Ekiti
2014, Oyo 2015, Ondo 2016, Rivers 2016, Enugu 2017, Akwa Ibom 2017, Cross
River 2017, Delta 2017 and Ogun 2018.
2. Criminal Procedure Code Laws: this was initially enacted by the Northern
Region Government in 1963 as the Criminal Procedure Code to govern criminal
proceedings in the Northern Region.8 It has been re-designated as the Criminal
Procedure Code Laws of the various states.
3. Administration of Criminal Justice Act 2015: this was enacted in 2015 and
currently applies to criminal proceedings in the FHC, NIC and the HC of the FCT.
Other states must first adopt it before it will have nation-wide applicability. The
Criminal Procedure Code Act was the law applicable in the HC of the FCT until the
enactment of the ACJA in 2015. The ACJA has also repealed the CPA and CPC. By
virtue of Section 2(1), the Act applies to all causes and matters arising from
offences created by an Act of the National Assembly.
4. Administration of Criminal Justice Law: governs proceedings in High Court and
Magistrates’ Courts in Lagos State. It was first enacted in 2007 but later repealed
and reenacted in 2011 as the Administration of Criminal Justice (Repeal and Re-
enactment) Law 2011. The CPA is no longer applicable to Lagos State.
5. Harmonised Sharia Criminal Procedure Code: operative in over 11 Northern
states9 and regulates sharia criminal proceedings in sharia courts10 within the
applicable states.
II. Secondary Enactments
1. Constitution of the Federal Republic of Nigeria 1999: Chapter IV deals with the
fundamental rights of an accused person such as right to personal liberty under
Section 35 and right to fair hearing under Section 36. Chapter VII deals with
superior courts of record
6
Section 36 (11) CFRN 1999; Section 180 Evidence Act
7
The current southern states applying the CPA are Abia, Anambara, Akwa-Ibom,
Bayelsa, Cross-River, Delta, Ebonyi, Edo, Enugu, Imo, Ogun, Ondo, Osun, Oyo and
Rivers.
8
The current northern states applying the CPA are Adamawa, Bauchi, Benue,
Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Nasarawa, Niger,
Plateau, Sokoto, Taraba, Yobe and Zamfara.
9
Zamfara, Sokoto, Jigawa, Gombe, Bauchi, Kaduna, Kebbi, Borno, Kano, Niger,
and Zamfara.
10
Sharia Court, Higher Sharia Court, Upper Sharia Court, and Sharia Court of
Appeal.
5
Setting out their constitution, jurisdiction, composition, practice and direction,

etc. as well as other lower courts that may be created by the laws of the states.
All criminal proceedings must be done in a manner that does not conflict with
constitutional provisions. See Section 1.
2. Statutes Creating Courts: the Federal High Court Act, Court of Appeal Act,
Supreme Court Act; and the High Court Laws make provision for the
establishment of criminal courts and their powers.
3. Rules of Courts: the Federal High Court Rules, State High Court Rules, Court of
Appeal Rules, and the Supreme Court Rules make provision for the practice and
procedure of the various courts.
4. Other Secondary Enactments: Penal Code, Criminal Code, Evidence Act 2011;
Police Act; Armed Forces Act; Coroners’ Laws of the States; Children and Young
Persons Law (has been superseded by the Child Rights Act and the Child Rights
Laws); Magistrate Court Laws; Area Court Edicts; Economic and Financial Crime
Commission Act; Independent Corrupt Practices Commission Act; Procurement
Act; etc.
III. Application of English High Court Rules of Practice and Procedure to Criminal
Trials in Nigeria
1. CPA: Section 363 provides for the application of English Rules of Practice and
Procedure in criminal trials where local laws do not make provisions. See Board of
Customs & Excise v Hassan.11 In Simidele v COP12, there was no provision under
the CPA for applying for bail at the High Court after it has been refused in the
Magistrate Court. The practice and procedure in England where such application
is made by summons was adopted. Some of the areas where there is a lacuna in
our local laws are mode of application for bail at the High Court after it was
refused at the Magistrate Court; change of plea; application for leave to file
information; and application for consent of a High Court judge in respect of an
indictable offence.
2. CPC: Section 35 High Court Law of Northern Nigeria expressly prohibited the
application of English High Court Rules of practice and procedure to proceedings
before the High Court. Where there is lacuna in the CPC, the High Courts in the
north would look at any other law made for that purpose or pass another law to
take care of it. Where no such law is passed to take care of the lacuna, the courts
are enjoined to do what, in their view, amounts to substantial justice. Thus, in
Achadu v State,13 when the question arose as to the procedure to apply when
applying to the HC for bail after its refusal by the Magistrate, it was held that the
application may be made by either motions or summons.
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3. ACJL and ACJA: Section 262 ACJL 2011 and Section 492 ACJA 2015 enjoins the
court, when faced with a lacuna to do, what in its view, amounts to substantial
justice between the parties.
IV. Judicial Interpretation of Enactments
They are referred to as both principal and secondary enactments. Whatever the
pronouncement of the court on any statutory provision, in its interpretative role,
is the law on that provision subject to the decision of an appellate court. The
types of interpretation are literal rule, golden rule, mischief rule and ejusdem
generis rule.
11
(1978) 2 LRN 56
12
(1966) NMLR 116
13
(1981) 1 NCR 16
TYPES, SITTINGS, AND SETTINGS OF CRIMINAL COURTS
I. Types of Courts of Criminal Jurisdiction
A. Courts of General Criminal Jurisdiction: these are courts that have jurisdiction
over different classes of offenders and in respect of different types of offences.
Courts of General Criminal Jurisdiction are further subdivided into two:
1. Courts of Original Criminal jurisdiction – These are courts you can commence
criminal proceedings at first instance, such as:
(a) Customary Court,
(b) Area Court,
(c) Sharia Court,
(d) Magistrate Court, and
(e) High Courts.
2. Courts of Appellate Criminal Jurisdiction: these are courts that only entertain
criminal matters on appeal such as:
(a) Court of Appeal, and
(b) Supreme Court.
B. Courts of Special Criminal Jurisdiction: These courts are set up to try particular
types of offences or particular classes of offenders. These courts include:
1. Federal High Court,
2. National Industrial Court,
3. Juvenile Court,
4. Court Martial, and
5. International Criminal Court.
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II. Setting of a Criminal Court

1. Bench: this is the elevated podium in front of the court room where the
presiding Judge(s) or Magistrate sits to dispense justice.
2. Bar: part of the courtroom where lawyers who are in court normally sit. In a
superior court, a lawyer can only sit at the bar if he is robbed and must either
have a case to handle or appear to have one.14 The front row of the bar is
normally left for SANs and AGs where there is no inner bar. The bar is usually
located between the Registrar’s desk and the gallery. The bar may also mean all
the lawyers entitled to practice in Nigeria.
3. Registrar’s Desk: located directly beneath the bench and before it. The
Registrar sits along with the Court Clerk or other Clerical Assistants. The Registrar
normally backs the Judge and only stands up to face the Judge when his attention
is required by the Judge.
4. Gallery: part of the courtroom where litigants, spectators and all other persons
who are visitors to the court usually sit. Lawyers who have no matter in court or
who are unrobed sit at the gallery. It is located directly behind the bar.
5. Dock: enclosed part of the courtroom where the accused person is placed
during his trial. It is exclusively reserved for the accused person. There is no rule
as to which side of the Judge the dock is located. Where the accused person
testifies from the dock, he will not be cross-examined but when he testifies from
the witness box, he shall be cross-examined. In a joint trial, all accused persons
enter the dock except where the number outstretches the space in which case
they may spill over and crowd around the dock.
6. Witness Box: part of the courtroom where a witness is placed to testify but
usually smaller than a dock.15 it is usually located between the bar and the bench
so that the lawyer and the Judge can look at the witness when he is testifying.
There is no rule as to which side of the Judge is located. Only one witness can be
in a witness box at a time.
14
Even if the lawyer has no case but is dressed fully for court business, he is
entitled to sit at the bar.
15
See Proviso (d) of Section 180 Evidence Act
III. Sittings of the Court
The court is open for business throughout the year. The court sits at 9:00am –
4:00pm from Monday – Friday. Saturday, Sunday and public holidays, days within
the week of Easter vacation, and days within annual vacations are non-juridical
days. No superior court of record sits on non-juridical days. However, in the case
of Ososami v COP, 16 the court held that the court may subject to the agreement
8
of the parties, sit on non-juridical day. Also, during annual vacations, there is
usually a vacation judge in the High Court who hears emergency cases and other
matters that require urgency. In the Magistrates’ Courts, at least one Magistrate
shall sit in every Magisterial District for hearing cases of bail, remand and other
non-custodial disposition. See Section 40(2) Magistrates’ Court Law of Lagos
2009.
MODE OF DRESSING AND DECORUM IN THE VARIOUS COURTS
I. Customary and Area Courts
1. Dressing: Lawyers do not go to these courts robed (wig and gown) but they
should be dressed in black suits and black shoes with tie. The judge may wear
traditional apparel. Some of the judges are not legally trained lawyers.
2. Mode of Address: “Your Honour”.
II. Magistrates’ Courts
1. Dressing: officers presiding over these courts are qualified legal practitioners.
They do not sit robed but are usually smartly dressed in somber suits. The lawyers
appearing before them do not appear in robes. For the male, a black suit and
trousers with a shirt and tie to match a black pair of shoes. For the female, a black
suit and skirt with black shoes.
2. Mode of Address: “Your Worship”. However, the mode of addressing a
Magistrate in Lagos is now “Your Honour” by virtue of Section 349 ACJL 2011.
3. Quorum: At least one Magistrate shall sit in every Magisterial District for
hearing cases of bail, review and other non-custodial disposition. See Section
40(2) MCL Lagos, 2009.
III. High Court (State & Federal)
1. Dressing: The High Court Judge is robed. The standard apparel for a male Judge
is a black suit, a white shirt (usually collarless or winged) a bib, a plastic collar
(especially where it is a collarless shirt), stud and black shoes, wig and a gown.
A female Judge would adorn a black skirt-suit, a white collaret, white blouse, a
black pair of shoes and a wig and gown. The Judge can wear a red gown when
trying a capital offence and adorn a black cap when about to pronounce a
death sentence.
For a male lawyer, he must wear a black suit, a white collarless or winged shirt,
a black pair of shoes, a white plastic collar, a bib, stud and his wig and gown.
For the lady, a black skirt suit, a white blouse, a white collaret, black pair of
shoes and wig and a gown. Her hairstyle shall not be in a wig form as she is not
expected to wear a wig on a wig.
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2. Privileges and Seniority of Senior Members of the Bar: The wig of the Judge
is normally different from that of the counsel and each Judge has a police
orderly. The material for the lawyers’ gown is cotton or mixed fibre gown, while
for the senior members of the bar (Attorney General, Members of Body of
Benchers, and Senior Advocates of Nigeria), they wear silk gowns. The senior
members of the bar sit in the front row of the bar and have the privilege of
mentioning their cases before others. Their seniority is determined in the order
of Attorney General (Federation and State), then members of the Body of
Benchers, and followed by Senior Advocates of Nigeria.
3. Mode of Address: “My Lord”.
16
(1952) 14 WACA 25
4. Quorum: The High Court is constituted by one Judge sitting who is at least 10
years post call. However, in the North, whenever the High Court of a state is
hearing an appeal from the Magistrate or Upper Area Court, two judges form
the quorum to sit.17
IV. Court of Appeal
1. Dressing: the Justices and lawyers appearing before them must sit robed.
Mode of Address: “My Lords”.
2. Quorum: this court is constituted by at least 3 Justices18 or 5 Justices (in
constitutional interpretation) who are at least 12 years post call. Each justice
has a police orderly.
V. Supreme Court
1. Dressing: the Justices and lawyers appearing before them must sit robed.
2. Mode of Address: “My Lords”.
3. Quorum: this court is constituted by at least 5 Justices or 7 Justices (in
constitutional interpretation or exercise of its original jurisdiction) who are at
least 15 years post call. Each Justice has a police orderly.
ETHICAL DUTIES OF COUNSEL AND COURT IN CRIMINAL TRIALS
I. Prosecuting Counsel
1. Being present in court at all times
2. Avoiding forum shopping
3. Acting fairly, honestly and candidly
4. Calling material witnesses
5. Observing the interest of justice
6. Conducting case with due diligence
7. Making available to the accused person proof of evidence
8. Avoiding frivolous institution of criminal proceedings
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II. Defence Counsel

1. Being present in court
2. Undertaking defence of an accused person
3. Keeping client’s confidences. See R v Eguabor19
4. Not withdrawing from the brief. See Abele v Tiv NA20
5. Not seeking unnecessary adjournments. See Worlu v Umelo.21
6. Employing the right mode of address for the judge or other presiding officer
of a court. See Global Transport v Free Ent,22
7. Not casting aspersion on the trial judge.
III. Trial Judge
1. Granting to the parties right of audience before the court
2. Being neutral
3. Not descending to the arena of conflict
4. Maintaining high standard of conduct
5. Active participator in the proceedings but not necessarily interfere
6. Ensuring that litigants don’t waste judicial time.
IV. Court Registrar
1. Accept all processes for filing
2. Make records of proceedings available to the parties upon demand
17
Section 40(1) High Court Law of Northern Nigeria
18
Section 247(1) CFRN 1999
19
(1962) 1 All NLR 287
20
(1965) NMLR 425
21
(2010) All FWLR [Pt 503] 1367
22
(2001) 2 SCNJ 224 KILLI
3. Ensures that hearing notices and other court processes are served
4. Interpret or arrange for interpreter to interpret court proceedings to an accused if
necessary
5. Ensures that the court file is brought to the attention of the judge before the date
for hearing especially where a new process is filed by a party
6. In a capital offence where the accused is sentenced to death, the Registrar shall,
as soon as possible forward copies of the certificate issued by the Judge to the
Prison Officer as well as the Sheriff. Generally, he liaises between the court and
the Attorney-General in issues of plea of clemency in capital offences.
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(WEEK 4)
SEARCHES & ARREST
1. Authority to issue a warrant of arrest,
2. Authority to issue a search warrant;
3. Execution of warrant of arrest;
4. Execution of search warrant;
5. Execution of warrant of arrest outside jurisdiction;
6. Admissibility of materials obtained in the course of an unlawful search;
7. Procedure for challenging arrest and searches relating to procedure.
LECTURE OUTCOME
At the end of this lesson students would be able to:
1. Discuss and explain the power of arrest and searches in criminal
proceedings;
2. Explain how criminal summons, search warrants and warrants of
arrest are obtained and executed and the admissibility of materials
recovered during searches;
3. List and explain the Constitutional/procedural rights and safeguards
of an accused person in these procedures;
4. Complete/draft Forms of summons and warrants.
WHAT IS A SEARCH?
“An examination of a person’s body, property or other area that the person
would reasonably be expected to consider as private, conducted by a law
enforcement officer for purpose of finding evidence of crime”.
 See Garner, B. Black’s Law Dictionary 9th edition. p. 1468.
 S.9 (1)(a) ACJA; S.6(1) CPL; S.44 CPCL; S.5 (1) ACJL.
POWER OF POLICE TO SEARCH

 Police & other law enforcement agencies are empowered to detain
and search persons having in his possession anything stolen or
illegally obtained. See s. 4 & 29 Police Act.
 Such search must be propelled by reasonable suspicion.
 Regard must however be had to section 37 of the 1999 Const.
TYPES OF SEARCH
1. Search of persons,
2. Search of premises;
3. Search of things.
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The body of a person arrested in connection with an offence, may be

searched. See S.9 (1) ACJA;S. 6(2) CPL; S. 44(2) CPCL; 5(1) ACJL.
Such persons may also be exposed to medical examination. See S.11
ACJA; S.6(6) CPL; S.127 CPCL.
Search warrant not required. See Ss.6 (1) CPL; 44(1) CPCL; 9(1) ACJA;
5(1) ACJL.
Recovered items to be kept in safe custody. See s.9 (1)(b) ACJA Such
items are referred to as exhibits.
Inventory of recovered items from the suspects shall be made. See S.10(1)
ACJA; S.5(1) ACJL; S.78 (2) CPCL; S. 6(1) CPL. The inventory to be
signed by the Officer and the arrested person. See S.10 (2) ACJA.
Failure to sign the inventory shall not invalidate it. See S.10 (2) ACJA.
Copy of the inventory to be given to the arrested person/ lawyer. See S.10
(3) ACJA.
Woman to be searched by a woman. See S.9(3) & 149 (3) ACJA; S.6(2)
CPL; S.44(3) CPCL; S.5(2) ACJL. ❑ Strict regard to decency. See S.9(3)
ACJA; s.82 CPCL; S.5(2) ACJL; CPL is silent.
QUERE: The above rule does it apply to search of a Man? ❑ See S.5(2)
ACJL; S.9(3) ACJA.
❑ QUERE: Does the rule on search of a woman extend to her
appurtenances?
ACJA permits a man to search a woman if the urgency of the situation
demands.
ACJA permits a man to search a woman if the interest of due
administration of justice makes it impracticable for the search to be carried
out by a person of the same sex. See s.9 (3) ACJA.
Search warrant is a condition precedent. See S.143 ACJA; S.74 CPCL;
S.107 CPL; S.297 ACJL. This accords with s.37 1999 Const. But see
s.45 (1) 1999 Const.
An officer with arrest warrant may search premises without search warrant.
To be on information that the suspect sought to be arrested is hiding
there. See S.12 (1) ACJA; S.7(1) CPL; 34 (1) CPCL; 7(1) ACJL.
Where ingress is denied, Officer is entitled to use force to break in and out
of the place. See S.12 (2) & 13 ACJA; s.7 (2) CPL; S.34 (2) & (3) CPCL;
QUERE: Must the officer executing the search warrant be searched before
he starts the search?
To be notified of the impending search for her withdrawal. Reasonable
time to be given. QUERE: Assuming a woman officer is to conduct the
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search, any need for notification? See s.12 (3),149 (6) ACJA; s.79
CPCL; s.7 (3) ACJL.
Person to be arrested enters/runs into another premises. 2. A Magistrate or

Justice of Peace can direct a search to be conducted in his presence in a
place where he can issue a warrant. S.152 ACJA; 85 CPCL. 1. A Custom
officer may enter or break into a place where he reasonably suspects items
are concealed. S.147(1) CEMA.
An officer of NDLEA/ Police are empowered to without warrant enter
premises to search where there is reason to believe drugs are kept. See s.
32 NDLEA Act. 5. Where a Court makes an Order for the release of an
abducted or unlawfully detained person. See S.77 (2) CPCL.
Officers of NSCDC may enter premises and seize items suspected to be
used for vandalization, premises of an illegal dealer in petroleum product
etc. see s.3 NSCDC (Amendment) Act 2017; Commandant General
NSCDC V Ukpeye(2013) 3 WLR 149.
A Judge or Magistrate; 2. A Justice of the Peace; 3. A Superior Police
officer. ▪ See S.146(1) ACJA; S.109 (1) CPL; 74 CPCL; S. 2 & 28 (1)
Police Act; QUERE: In what circumstances may a Police officer issue
search warrant? ▪ Note s.28 (3) Police Act.
The death, resignation, retirement of the issuing authority does not affect its
validity. See s.109 (2) CPL;S.146 (2) ACJA.
A search warrant remains in force when issued until: ➢ It is executed
or ➢ Cancelled by the issuing authority. See s.109 (2) CPL; S.146 (2)
ACJA.
It may be issued and executed any day of the week. This includes
Saturday, Sunday and Public holiday. See S.111(2) CPL & 108(1) ACJL.
❑ Above section states that it should be executed within 5:00am-8:00pm.
Under the CPL & ACJL the Court may authorise the execution to be at any
other time. See S.111(2) CPL & 108(1) ACJL. The authorisation order is
to be endorsed on the warrant. S.111(2) CPL & 108(2) ACJL.
Under the ACJA, a search warrant may be issued and executed at any time
on any day, including a Sunday or public holiday.
See s.148 ACJA.
Information on oath & in writing. See S. 143-144 ACJA; S.107 CPL; S.74
CPCL; s.104 ACJL. Warrant to be endorsed by the Judge, ,Magistrate or
Justice of the Peace issuing it. See S.146 ACJA; s.106 ACJL.
Occupant/owner of the premises shall be allowed to be present during the
search. See S. 150 ACJA. Under CPCL & ACJA the search shall be
14
executed in the presence of occupant/owner and 2 witnesses called by him

unless the court directs otherwise. See S.78(1) CPCL; 149 (4) ACJA.
The procedure is provided for under section 151 ACJA & Section 83
CPCL. This provision is absent in ACJL and CPL. But compare both
provisions.
This is the general duty of the Police. Search warrant not required.
This however depends on what is to be searched. See s.4 & 28 Police
Act; S. 50-52 of the ACJA.
Only goods specified in the warrant shall be seized. But, if other
incriminating materials are found, they may be seized. See Elias v.
Pasmore (1934) 2 K.B. 164; Nwaguv. Wawa (1957) NRNLR 187 at 188.
Previously covered by case laws like: Kuruma v R (1955) 1 All ER 236; R
V Letham 8 Cox Crim. Cases 501; Musa Sadua & Anor. V State (1968)
NMLR 208. Admissibility of such evidence is now regulated by section
14 & 15 Evidence Act 2011.
QUERE: Does liability attach to the informant or the officer executing the
warrant or both? See Garba v Maigoro(1992) 5 NWLR (Pt. 243) 588;
Balogun v Amubikahu (1989) 3 NWLR (Pt. 107) 18; Ojov Lasisi(2001)
FWLR (Pt. 156) 886.
Three process of bringing a suspect, defendant, accused to Police
station or Court:
➢ ARREST WITH WARRANT;
➢ ARREST WITHOUT WARRANT;
➢ SUMMONS.
An arrest may be with or without warrant. ▪ A Warrant of Arrest is an
authority in writing issued by the COURT to a Police Officer directing him to
arrest the person named in the Warrant. ▪ See Ss. 113 ACJA; 154 (1)
CPCL; 80 CPL; 79 ACJL.
The warrant may be directed to other officers or private persons. See
s.58(1) CPCL; s.25 (1), 27 (1) CPL; s. 36 (2), 39 (1), 40 (1) ACJA; S. 25 &
26 ACJL.
Clothed with the powers of the Police for the purpose of execution. See
S.40 (2) ACJA; S.27 (2) CPL; S. 26 (2) ACJL.
QUERE: Does this extend to power to carry arms for the purpose of
execution?
It is within the discretion of the issuing authority to elect whether to issue a
Summons or warrant. ▪ See S.154 (1) CPCL; S. 114 ACJA; S.80 CPL;
S.80 ACJL;
15
The ACJA makes it clear that the offender must be touched or confined.
See Ss. 4 ACJA; 1 ACJL; 3 CPL; See also Holgate Mohammed v Duke
(1984) 2 NCR 142.
NO unnecessary restraint (handcuff, leg chain; Beating and slapping the
suspect extremely prohibited. Any dehumanizing act is prohibited. See
Article 5 ACHPR.
If there is an attempt to escape; 2. Where there is suspicion that suspect
may become violent; 3. By order of court. The force to be applied must
be reasonable. See S. 3 CPL; S.37 CPCL; S.2 ACJL; S. 4 ACJA.
Magistrate; ▪ Judge; ▪ Justice of the Peace. ▪ See S. 36 (1) (C ) ACJA; S.
56 (1) CPCL; S.22 (1) CPL; S.22 ACJL.
QUERE: 1. Can a Superior Police Officer issue warrant of Arrest? 2. Can
the National Assembly issue warrant of Arrest? 3. Can an Area Court judge
who is a legal practitioner or non legal practitioner issue a warrant of
arrest?
Police NO *National Assembly: See s.89 (1) (d) 1999 Const. ▪ Area Court
judge who is a legal practitioner or non legal practitioner: See s.494 (1)
ACJA.
Under the CPL (JP) cannot issue WA. See 22 (1) CPL. ACJA is silent
on whether a Justice of the Peace can issue warrant of arrest. See s.36 (1)
(C) ACJA. JP cannot issue warrant of arrest in Lagos. See S.22 ACJL.
* CPCL, JP can issue. S.56 (1)
Where a serious offence has been committed 2. Where Statute provides
that such offender cannot be arrested except with warrant; 3. Where
offender has failed to honour a Summons.
ACJA : Complaint must be on Oath for a warrant to be issued. S.37 & 133
ACJA. CPL:Complaint must be on Oath for a warrant to be issued. See
s.23 CPL. ACJL: Complaint to be on Oath. s. 23 & 96 ACJL. CPCL:
May or may not. If offence is disclosed WA may be issued. s.56 (1) CPCL.
Note that warrant of arrest may be issued upon oral complaint. See
Fayosev State (2010) LPELR-8658.
It may be issued on any day including a Sunday or public holiday. See S.
S. 38 ACJA; S.24 CPL; S. 24 ACJL; The CPCL is silent on the days
when warrant of arrest may be issued.
A Warrant of arrest remains valid until: -it is executed, or -Cancelled by the
authority that issued it. See S. 39 (2) ACJA; S.56 (2) CPCL; S.25 (2) CPL;
S.25 (2) ACJL.
ACJA: Executed on any day including a Sunday or public holiday. See
S.43 (1) ACJA. ▪ CPL: Executed on any day including a Sunday or public
16
holiday. See S.28 (1) CPL. ACJL: Executed on any day including
Sunday or public holiday. See S.27 (1) ACJL. The CPCL is silent on
execution days.
ACJA: It may be executed at any time. See s.43 (2) ACJA. ▪ CPL: It may
be executed at any time. See s.28 (2)CPL. ▪ ACJL: It may be executed at
any time. See s.27 (2)ACJL. ▪ CPCL: It is silent.
S. 43 (2) ACJA; S.28 (2) CPL provides that it may not be executed in a
Court room when Court is sitting. ▪ The CPCL provides that it may be
executed at any place in Northern Nigeria. See s. 63 CPCL. ▪ ACJL: It can
be executed at any place except a Court room. S. 27 (2) ACJL.
QUERE: 1. Can a warrant of arrest be executed in the National Assembly
or in the State House of Assembly? 2. Can a warrant of arrest be executed
in the Court room or premises? 3. Can it be executed in religious places of
worship?
See sections 23(b) & 25 of Legislative Houses (Powers & Privileges)
Act 2017; Tony Momoh v Senate (1981) 1 NCLR 21; El-Rufai v
House of Representatives (2003) FWLR (Pt. 173)162 CA;
Warrant of arrest may be executed even though it is not in the possession
of the officer at the material time. See S.44 ACJA; S.61 CPCL; S.29 CPL;
S.28 ACJL; On demand of the person arrested, it must be shown within
a reasonable time or as soon as practicable. The ACJL provides for 24
hours time frame.
It does not affect the validity of the warrant. See S.139 ACJA; S. 101 CPL;
S.100 ACJL; S. 383 CPCL.
Name of the offender; 2. An order to the Police officer to arrest; 3. Brief
statement of alleged offence; 4. Date of issue of the warrant; 5. Signature
of the issuing authority. ▪ See Ss.22 CPL; 36 ACJA; 56 CPCL; 22 ACJL.
Suspect to be taken immediately to the Police Station. 2. Informed promptly
of the alleged offence in the language he understands. 3. To be afforded
reasonable facilities to obtain legal advice and bail. See S. 14 ACJA; S.28
(4) CPL; S.39 (1) (2) CPCL.
Novel provision under ACJA. The arresting authority has the
responsibility of notifying the next of kin or relative of the suspect of the
arrest without cost to the arrested person. See S.6 (2) proviso ACJA.
A person shall not be arrested in place of a suspect. See S. 7 ACJA; S.4
ACJL. A person shall not be arrested for a civil wrong or breach of
contract. See S.8 (2) ACJA; This provisions is absent in ACJL CPL &
CPCL.
Proceed to effect the arrest without recourse to any Judge/Magistrate in
that area; 2. After arrest, take the suspect to the Judge/Magistrate in that
17
area who may direct the removal of the suspect unless bail is endorsed.
See ss. 46 (1) ACJA; 31 (1) CPL; 30 (1) ACJL; 66 (1) CPCL.
Under the CPCL arrested suspect may be taken directly to the issuing
judge. S.66 (2).
Executing officer takes the warrant to a Mag in the State where suspect is;
2. The Magistrate will endorse after being satisfied; 3. After arrest, take
suspect to endorsing Mag or another Mag who may order removal or admit
to bail. See s. 482 CPL; S.65 CPCL; S. 46 ACJA. Mattaradona v
Aliu(1995)8 NWLR(Pt.412)252
See s.47 (1) ACJA. There is only one Federal High Court in Nigeria.
See Abiola v FRN; S.19 FHC Act.
Police and other law enforcement agents: s. 24 Police Act; s.18-19 ACJA;
S.10-11 CPL; S.1011 ACJL; S.26 CPCL. 2. Judicial officers: See s.24
ACJA; S.15 CPL; S.15 ACJL. Note that JP are not included. See above
sections. S.24 ACJA CF S.26 ACJA. In the North see s. 29 CPCL.
Private persons: See s.12 CPL; S.12 ACJL; S.28 CPCL; S.20 ACJA.
See section 31 & 32 ACJL. Section 48 & 49 ACJA; Section 32 & 33
CPL.
An order in writing commanding the person named therein to appear before
the court on a named date and time to answer to allegations of crime.
See S.112 ACJL 2017;S.113 ACJA; S. 81 CPL; S.47 (1) CPCL;
S.ACJL. It is usually issued in respect of minor offences upon a
complaint by a Police officer and need not be on oath. Issued in
duplicates.
It is issued by a Judge or Magistrate. ▪ It may also be issued by a Justice of
the Peace. See S.113 ACJA; S. 80 CPL; S.47 (1) &(2) CPCL; S.79 ACJL.
▪ QUERE: Can a Police officer issue summons?
It is within the discretion of the Court to elect whether to issue summons or
warrant. ▪ See S.114 ACJA; S. 81 CPL; S.154 (1) CPCL; S.80 ACJL.
Once issued it remains in force until: - executed, - or cancelled by the
issuing authority. See s.103 CPL; S.383 CPCL; S.139 ACJA; S.100
ACJL.
Death, resignation, retirement or removal from office of the person who
issued the summons does not affect its validity. See S.139 ACJA.
A brief statement of the offence; 2. The name of the offender; 3. A
direction to the offender to appear in court at a particular date and time.
See Ss.84 CPL; S.118 ACJA & 83 ACJL. 4. The date of issue; 5.
Signature of the issuing authority. ➢ See S.117 & 120 ACJA; S. 83 & 87
CPL; S.47 CPCL; S.85 ACJL.
18
May be done by a Police officer, or May be done by an officer of the

court; See s.88 CPL; S. 48 CPCL; S. 86 ACJL; S. 122 ACJA. Courier
company registered with CJ as a process server. See s.122 ACJA.
Service of Criminal Summons is personal. Substituted service may be
ordered where personal service is impracticable. See s.89 CPL; S. 52
CPCL; S. 88 ACJL; S. 124 ACJA. Note the condition precedent.
Procedure is by sending the duplicate to a court in the Division or District
where the person summoned is. See s. 92 CPL; S. 54 CPCL; S. 91ACJL;
S. 126.
Right to dignity of human person. S.34 1999 Constitution; s.8 (1) (a)
ACJA. 2. Right to Personal Liberty. S.35 (1) 1999 Constitution. 3. Right to
silent. S. 35 (2) Const; s. 6(2) (a)ACJA. 4. Information of offence. S.35(3)
Const. 5. Arraignment within a reasonable time. S. 35 (4) Const. 6. Right to
Counsel. 7. Right to privacy. S. 37 1999 const.
(WEEK 5)
PRE- TRIAL INVESTIGATION AND POLICE INTERVIEW
OUTCOME:
1. Explain how to conduct a pre-trial investigation.
2. Participate in a police interview
3. Discuss how alibi, statement and confession are recorded at the police
station(judges rule), how identification parade is conducted and how
exhibits are handled.
 list and explain the constitutional rights of a suspect at the police
station
 explain how to apply for the assistance of a citizen under the legal
aid scheme and how to obtain a police bail. • explain options
available to the suspect upon refusal of police bail – habeas corpus,
and fundamental rights enforcement.
Meaning and purpose of pretrial investigation
 Investigation is a systematic collection of information about crime and
the assembly of physical and testimonial evidence within the frame
work of the law for the purpose of identifying the author of a crime
and providing evidence for the successful prosecution of criminal
suspects.
Authority to investigate:
 The power of the police to investigate a crime is derived from the
provisions of s.4 of the police act cap. P.19 laws of the federation of
Nigeria, 2004 which provides that “the police shall be employed for
19
the prevention and detection of crime, the apprehension of offenders,

the preservation of law and order, the protection of life and property
and the due enforcement of laws and regulations with which they are
directly charged, and shall perform such military duties within or
outside Nigeria as may be required of them by or under the authority
of this or any other act”.
 the power of the police to investigate a crime is so strong to the
extent that no court of law has power to stop the police from
investigating a crime and whether to or how to investigate a crime is a
matter within the descretion of the police. See the case of I.G.P. VS
UBA (2015) 11 N.W.L.R. (PART 1471) p. 405 ratios 1-6. But
compare the decision here with the one in DURUAKU VS NWOKE
(2015) 15 N.W.L.R. (part 1483) p. 417 at 421 ratio 1 & 2.
Rights of a suspect in custody

(1) a suspect arrested should be taken to the station and be informed of the
reason for his arrest. S, 36(3) const. S. 14 (1) A.C.J.A. S. 3(1) ACJL., (2)
right to silence: a person arrested or detained shall have right to remain
silent until after consultation with his legal practitioner or any other person
of his choice. (3) a suspect in custody shall not be subjected to any form of
inhuman or degrading treatment. S. 34 const. Uzoakwo vs. Ezeonu ii
(1991) 6 N.W.L.R. (part 200) p. 708. (4) a person who has the custody of a
suspect shall give the suspect reasonable facilities for obtaining legal
advice, access to communication for taking steps to furnish bail, and
otherwise making arrangement for his defence or release. But any such
communication shall be made in the presence of the officer having custody
of the suspect. S. 14 and 15 A.C.J.A., 2015. (5) right to interpreter: this
applies where the suspect does not understand English which is the official
language in Nigeria. See s. 36( 6e) const. S.17(3) ACJL.. (6) a suspect
should be charged to court within reasonable time. S.35(4) & (5) const.
CONFESSION AND THE JUDGES RULES
Meaning of confession: confession is an admission made at any time by
a person charged with a crime stating or suggesting the inference that he
has committed that crime. S. 28 E.A. this definition covers both extra
judicial and judicial confession, as well as an incriminating admission all
short of full confession. Akpan vs the state (2001) F.W.L.R. (part 75) p.
428 ratio 1. To be relevant and admissible in evidence, a confession must
be voluntary and must be a direct, positive and unequivocal admission of
guilt. S. 29 E.A., see Musa vs the state (2018) 7 SCM. P. 92.; Kamila vs.
The state (2018) 6 SCM. P.100
20
• That is to say, before a confessional statement could become relevant

and admissible in evidence it must have been made free from any form of
oppression and must not have been made in consequence of anything said
or done which was likely in the circumstance existing at the time to render it
unreliable. See s. 29 E.A.
Recording the statement of suspects, victims and witnesses (the
judges rules):
• rule one:
 When police officer is trying to find out whether or by whom an
offence was committed, he is entitled to questions any person
whether suspected or not from whom he knows he could get useful
information.
 The police officer investigating a case in questioning people, is
entitled to record written statement from them. Thus a police officer is
entitled to record the statement of the victim of a crime, witnesses
who have useful information about the crime committed and also from
the suspect.
Essentials of the statement of victims and witnesses

(1) Particulars of the victim and witnesses.
(2) Time and date of the offence
(3) The scene of the crime
(4) Offence committed
(5) Identity of the suspect (e.g. Name, address, occupation, his height,
weight, photograph, finger print etc.
Statement of the suspect: s. 35(2)(3) const. S. 6(2), 14 & 15 ACJA, S.
3(2) ACJL., s. 123 – 130cpc • after recording statement of victims and
witnesses the investigator than proceed to record the statement of the
suspect and in doing so, the investigator must observe the provisions of the
relevant procedural laws and rules two to five of the judges rules as follows:
• rule two: • as soon as police officer has evidence which would afford
reasonable ground for suspecting that a person has committed an offence,
he shall be cautioned before putting any further question to him relating the
offence. • note: Olaoye Vs The State (2019) 3 SCM p. 167 at172ratio 3
(b)
• rule 3: (a) where a person is charged with or is informed that he may be
prosecuted for an offence, he shall be cautioned in the following terms: “do
you wish to say anything? You are not obliged to say anything gunless you
wish to do so, but whatever you say will be taken down in writing and may
be given in evidence,
21
• (b) it is only in exceptional cases that question relating to the offence

should be put to the accused after he has been charged or informed that he
may be prosecuted. Such questions may be put where they are necessary
for the purpose of protecting or minimizing harm or loss to some other
persons or for the clearing of an ambiguity in a previous answer or
statement. Before any such questions are put, the person shall be
cautioned. Any answer given must be contemporaneously recorded and
the record must be signed by the person, and if he refuses by the
interrogating officer.
• {c} when such person is being cautioned or elect to make a statement,
record shall be kept of the time and place at which any question or
statement began and ended and of the persons present.
• rule 4: • all written statement made shall be taken in the following manner:
• (1) if a persons says he wants make a statement he should be told that it
is intended to make a written record of what he says . He shall always be
asked if he wishes to write down himself what he wants to say.
• if he says that he cannot write or that he would like someone to write for
him, a police officer may offer to write the statement for him. If he accepts
this offer, the police officer before starting should ask the person to sign or
make his mark to the following: i…… wish to make a statement. I want
someone to write for me. I have been told that i need not to say anything,
but whatever say may be given in evidence.
• (ii) a person writing his own statement shall be allowed to do so without
any prompting as distinct from indicating to him what matters are material.
• (iii) the person making the statement if he is going to write it himself shall
be asked to write and sign before writing what he wants to say the
following: • “i make this statement out of my own free will. I have been told
that i need not to say any thing unless i wishes to do so. But what ever i
say may be given in evidence.”
• (iv) when ever a police officer writes the statement, he shall take down the
exact words spoken by the suspect making the statement without making
any question other than such as may be needed to make the statement
coherent, intelligeble and relevant to the material matters; he shall not
prompt him. See olanipekun vs. The state (2016) 13 n.w.l.r. (part 1528) p.
100 at 104 ratio 2; state vs. Rabiu (2013)8 nwlr (pt. 1357) p. 585.
• (v) when the writing of statement by a police officer is completed, the
person making it shall be asked to read it and to make any correction,
alteration or addition he wishes. When he has finished reading it, he shall
be asked to write and sign or make his mark to the following: “ i have read
the above statement and i have been told that i may correct, alter or make
22
any addition to it if i wish. This statement is true, i made it out of my own

free will.
• (vi) if the person who made the statement refused to read or to sign it, the
senior police officer present shall record on the statement itself and in the
presence of the person making it what has happened. If the person making
it cannot read, or refused to read it, the officer who has taken it down shall
read it over to him and asked him whether he would like to correct, alter or
add anything and to put his signature or make his mark at the end. The
police officer shall then certify on the state mentitse lf what he has done.
• rule 5: if at any time after a person has been charged with or has been
informed that he may be prosecuted for an offence and a police officer
wishes to bring to the notice of the person any written statement made by
another person who in respect of the same offence has also been charged,
or informed that he may be prosecuted, he shall hand to that person a true
copy of the written statement but, nothing shall be said or done to invoke
any reply or comment. See Duru Vs The State (2017) 4 N.W.L.R. (part
1554) p. 1 at p.6 ratio 5.
• if that person says he wants to make a statement, or reply or start to say
anything, he shall at once be cautioned as prescribed by rule 3(a).
Rule 6: persons other than police officers charged with investigating
offences or charging offenders shall as much as possible comply with these
rules. Note: (1) by section s. 126 cpc if a police officer reads a statement
and realised that it contain a confessional statement, he shall take the
suspect to a superior police officer, a magistrate or justice of peace for
confirmation. Note: however that although compliance with this provision
makes proof of voluntariness of the statement easier, failure to comply
does not affect the admissibility of the statement. See ADEBANJO VS the
state (2019) 10 SCM p. 1
• (2) under section 15(4) A.C.J.A., s. 9(3) A.C.J.L. the interview between a
police officer and an accused shall be recorded electronically on retrievable
video compact disc or such other audio visual means or in the absence of
video recording, the interview shall be conducted in the presence of the
suspect’s counsel or any other person chosen by him. While under s. 17(2)
A.C.J.A., 2015 the presence of a counsel may be allowed and where
allowed the counsel shall not interfere.
Use of an interpreter:
• when a statement is recorded in a language different from the one
understood by the suspect a competent interpreter shall be used. The
interpreter shall sign the statement. But failure to sign may not affect the
admissibility of the statement in evidence. But in the cause of trial, both the
23
recorder and the interpreter shall have to testify as to their role in taking the
statement before it becomes admissible. Nweze vs the state (1996) 2
N.W.LR. (part 428) p. 1. Olalekan vs. The state (2002) F.W.LR. Part 91
p. 1505., F.R.N. VS. USMAN (2012) 8 N.W.L.R.(pt. 1301) p . 141;
IFARAMOYE vs. The state (2017) 4 SCM p . 1; (2017)N.W.L.R. (part
1568) p . 457 at 463 ratio 5; BELLO vs. C.O.P. (2018) 2 N.W.L.R. (part
1603) p . 267 at 274 ratio 2.
Alibi:
• Alibi means “else where”. It is a defence where an accused person
claimed to the police that he was at a place other than the place where the
prosecution alleges he was at the time of the commission of the offence
charged thereby making it impossible for him to have committed or
participated in the commission of the offence. See Shehu Vs. The state
(2010) all FWLR.(pt. 523) p. 184 at 1858; Esene vs the state(2017) 7
SCM p. 88 at p. 94 ratio10.
• where an accused/defendant wants to rely on an alibi as a defence, he
must raise the issue to the police immediately after arrest or so soon
thereafter. That is to say, he must inform the police at the earliest
opportunity of his where about at the time the offence was committed so as
to give the police the opportunity to investigate the alibi. Ndidi vs the state
(2007) 13 nwlr. (pt. 1052) at 651.; Osuagwu vs the state (2013) 1-2 S.C.
(pt. 1347) p . 37 at 65.
• the burden is on the accused person to give detailed evidence of the
place he was, the person or persons he was with, the time and possibly
what he was doing there at the material time. Before the police would be
bound to investigate it. see Osuagwu vs the state (supra). • failure to
investigate the alibi where it is properly raised is fatal to the case of the
proseuction. This is so because the defence succeeds where the trial court
is satisfied that it is probable that the accused was not at the scene of the
crime on the day the crime was committed. See Esene vs. The state
(supra). Shehu vs. The state (supra). ; Almu Vs the state (2009) 10
N.W.L.R. (pt. 1148) p. 31.
• however, where the accused person is directly fixed at the scene of the
crime his alibi will not succeed. In other words, where there is direct,
positive and unequivocal evidence which fixed the accused at the scene of
the crime at the time the offence was committed, his plea of alibi will not
stand. The prosecution is therefore relieved of the duty of calling any
further evidence to disprove the alibi raised. See Almu vs. The state
(supra).
Identification parade
24
• where the identity of the person who commits an offence is in doubt, the
police must conduct an investigation for the purpose of identifying the
person who commitsthe offence.
• identification means a whole series of facts and circumstances by which a
person may be associated with the commission of the offence charged. It
may consists of finger prints, handwriting, palm prints, voice, photographs,
recollection of the features of the culprit by a witness who saw him in the
commission of the offence in issue, identification parade, or combination of
two or more of the above.
When identification parade becomes relevant:
As a method of identifying the author of a crime, identification parade
becomes relevant and necessary only in a situation where the identity of
the person responsible for the commission of an offence is in doubt. This
normally arises where the person who committs the offence was not
arrested at the scene of the crime and has not been known by the victim or
any other witness previously and the victim’s or witness’ encounter with the
suspect was only in the course of the commission of the offence. In such a
situation, the identity of the person becomes a fact in issue or relevant fact.
See. S. 7© evidence act , 2011. Olalekan vs. The state (2002) F.W.L.R.
(pt. 91) p . 1605.; Osuagwu vs the state (2013) 1-2 S.C. P . (pt. 1) p . 37.
• in deciding the credibility of the evidence of identity, the court takes the
following factors into consideration : • (a) previous contact of the witness
with the suspect and the circumstance in which the eye witness saw the
suspect. • (b) the length of time the witness saw the suspect. • (c} the
opportunity of close observation. See lawalli {danchina) vs the state (2019)
2 scm p. 46 at 50 ratio 9 • (d) the lightening condition. See Thomas vs.
The state (2017)3scm p . 168 at 170. • (e) whether the witness had
informed the police at the earliest opportunity of the identity of the suspect
and had given the features of the accused observed by him at the time of
their encounter. See Emenegor vs. The state (2010) all F.W.L.R. (pt.
511) p . 884.
When identification parade not required: • identifcation parade is not
necessary: • (1) where there is clear and uncontradicted eye witness
account of the identity of the person who allegedly committed the crime. •
(2) where a witness or the victim knew the suspect prior to the commission
of the offence and has recognised him at the time of the commission of the
offence. • (3) where there are convincing, cogent and compelling evidence
linking the suspect to the offence. See Olalekan vs. The state (supra)
25
Rules and procedure:

• it is usually conducted at the police station under the leadership of the
officer in charge of the station. • the suspect should be line up among at
least 8 other persons/suspects of simililar features such as height, weight,
colour, age, etc. And the victim or witness is asked to identify the suspect
among them without aid. • the suspect shall not be allowed to be seen by
the identifying witness prior to the parade either physically, via photograph
or video etc. • the witness must not be aided in the identification and should
not be given an advance knowledge of how the suspect look like before the
parade. See ikempson vs the state (1989) 3 N.W.L.R. (pt. 110) p. 455. •
the suspect should be allowed to choose his position in the parade and
should be allowed to change position after each witness had left
• the identifying witness will be instructed in audible voice to identify the
suspect by touching the person identified. • a photopgraph shall be taken
when the parade is formed, when the suspect takes his position in the line,
and when the witness identifies a suspect by placing his hands on the
shoulder and when the suspect changes his position.
• there should be no whispering and any communication between the
parade and the witness must be in audible voice. • at the end of the parade
suspect should be asked whether he is satisfied with the procedure made
and his reply should be recorded in the station diary. • finally form d50 shall
be completed in respect of each witness and the report of the parade made
in form d49 and entered in the station diary.
The use of an expart in investigation:
• investigation may involve matters over which the investigator has no
special knowledge. In such a case, there is need for the investigator to use
exparts in the particular field to help him achieve the purpose of the
investigation. For example, in murder cases, the use of pathologist,
forensic and or ballistics exparts may be relevant to ascertain cause of
death, the person responsible and the weapon used in the commission of
the offence. Where this is necessary, an investigator shall not hesitate to
make use of the same as the failure may be fatal to the case of the
prosecution. See Auwalu Kwale vs the state (2017) 9 N.W.L.R. (part
1571) p . 399.; Ahmed vs the state (2001) 18 N.W.L.R. (part 746) p. 622.,
Shande vs. The state ((2005) all F.W.LR. (part 279) page 1342; Zubairu
vs. The state (2015} 6 SCM. P. 253
Handling of exhibits:
• items seized in the cause of investigation and which are relevant for the
effective prosecution of the case against a suspect are called exhibits. •
26
they shall be kept with the exhibit keeper at the exhibit room designed at
the station for that purpose
• the exhibit keeper shall mark, number and register the exhibit in the
exhibit register for ease of identification and avoiding the possibility of
mixing it up with other exhibits that are not connected with the case to
which it relates. • the exhibit shall be tendered in court through the exhibit
keeper.
Police bail
• it is a temporary release of a suspect on bond or self recognizance
penidng the conclusion of investigation and or arraignment before a court
of law. • the power of the police to grant bail is derived from the provisions
of s. 27 police act, s. S. 17,30 & 118 cpl. S. 45 & 340 cpc. S. 17 acjl, s. 30
acja. • police has no power to release a suspect in capital offences and
where an arrest was made under a warrant of arrest except if the warrant is
endorsed with an order for bail.
Procedure of application:
• no specific procedure is provided by the law • in practice it is usually
applied for through a formal letter addressed to the officer in charge of the
station where the suspect is detained by a person who is ready to stand as
surety for the suspect. • in the letter the surety undertakes to produce the
suspect at the time and place required. • the letter may be written by a
counsel for the surety. • counsel must not sign bail bond. But may certify
the surety as a fit and proper person to stand as surety for the suspect.
• in some police stations, a bail may be applied for by filling a printed form
prepared by the police for that purpose. • an oral application may also be
entertained. • police may release on bail if satisfied that the proper
investigation of the case will not be prejudiced by the grant of the bail and
no risk of the suspect escaping justice exists.
Remedies available where bail is refused
• application for judicial review such as for an order of harbeascorpus.
• application for the enforcement of fundamental human rights.
• application for bail at the high court
QUESTIONS
1. Ibrahim Uche and Chinedu Okiki are both businessmen with shops at
the Blessed Assurance Plaza, Wuse 2 Abuja. The two have had cordial
relationship since they knew each other. Trouble however started when
Ibrahim borrowed some money from Chinedu and could not pay back on
time. After asking for the payment of the money incessantly without
success, Chinedu decided to report the matter to the police. Corporal Sanja
27
was deployed to arrest Ibrahim. At the police station he was detained for
two weeks, tortured and refused to see his family and Lawyer. After three
days of staying without food, he wrote a statement confessing to stealing
the sum of 2.5 Million Naira from the safe in Chinedu's shop.
Answer the following questions:
a. comment on the investigative power of the police in this case
b. comment on the detention of Ibrahim for two weeks
c. comment of Ibrahim's right that were breached if any while at the police
station
d. comment on the confessional statement made by Ibrahim.
e. Draft the bail application for Ibrahim
2. The residents of Abule Egba have been terrorized for the past One
Month by a gang of hoodlums who call themselves One Million Boys. Luck,
however ran out on them last week when the vigilante group majorly
comprising of young men from the neighborhood decided to repel them. In
the process, so many of them ran away but three of them Banjo, Sule and
Ugochukwu were arrested and taken to the police station. At the police
station they were stripped naked and severely beaten. During interrogation,
they confessed to the commission of many crimes within the last one
month in the area and they also told the police where to get the leader of
the gang named Moore, who led the operation on the day they were
arrested.
The police immediately went to the house described and saw Moore sitting
outside with some boys drinking local Gin. He was immediately arrested. At
the police station he denied participating in the operation and stated that on
that day he was at Ibadan where he went to see a friend, he however, did
not mention the name of the friend, he was ignored. The following day, an
Identification parade was conducted where the four of them were lined up
with two other inmates. Last week Friday, they were arraigned before the
Chief Magistrate on a three count charge of Rape, Assault and Armed
Robbery. At the court, the Magistrate was not happy that they are not
represented by Counsel, he therefore adjourned the case to enable them
access legal assistance from the Legal Aid Council.
a. Comment on the treatment of the suspects at the police station
b. what was the need for the interrogation by the police
c. Comment on the alibi raised by Moore and the Police reaction
d. comment on the propriety or otherwise of the Identification Parade
conducted in relation to;
i. the necessity
28
ii the procedure
e. What is your view on the Magistrate's decision to refer them to the Legal
Aid Council for assistance.
(WEEK 6)
COURTS OF CRIMINAL JURISDICTION
Outcomes:
At the end of this lesson, students would
be able to:
1. Discuss the various courts of criminal
jurisdiction;
2. Discuss the venue and relevance of
courts of criminal jurisdiction;
3. Explain the jurisdiction and venue of
International Criminal Court.
What is jurisdiction?
• Jurisdiction is the authority of Court to decide matters that are
litigated before it .
• Jurisdiction is fundamental in any proceedings as it determines the
competence and capability of the Court to inquire into any case that is
brought before it.
• In determining jurisdiction, three things are considered:
• 1. Whether the court is properly constituted with regards to
numbers and qualifications of its members;
• 2. Whether the subject matter of the case is within the
competence of the court and that no feature exists to prevent the
court from exercising its power and decision over the case;
• 3. Whether the case before the court is initiated by due process of
law upon the fulfillment of any condition precedent to the exercise of
its jurisdiction.
What determines the jurisdiction of court?

• Law/statute/constitution
• Parties
• Territory
• Offences
• Punishment
• Note: Ibori v. FRN (2009) ALL FWLR (Pt 487) 159 at 179.
• Patrick Njovens v. The State (1973) NNLR 76.
29
SOURCES OF COURTS’ JURISDICTION

• Jurisdiction of each Court in Nigeria is provided for in the Constitution
or in a statute. Every Court is bound to it and can’t go outside the
jurisdiction vested in it.
• It is not deemed or inherent.
JURISDICTIONAL CHALLENGES IN CRIMINAL TRIALS
• The question of jurisdiction arises in criminal proceedings at three
different levels, these are:
i. Territorial jurisdiction;
ii. Substantive jurisdiction (subject matter) and
iii. Jurisdiction over persons.
iv. TERRITORIAL JURISDICTION: this relates to instances where a
crime is partially or wholly committed in one state but the offender is
arrested in another state OR where an element or some elements of
a crime are committed in two different jurisdictions OR where the
effect or result of an offence commenced in one state occurs in
another state.
v. In the above scenario, it is settled law that both states will have
jurisdiction. In OKORO VS ATTORNEY-GENERAL OF WESTERN
NIGERIA (1965) 1 All NLR 283, the court held that where an offence
occurs partly in one region and partly in another region, the courts in
both regions will have jurisdiction. See also Njovens v. The State
[1973] NNLR 76, [1973] 1 NMLR 331.
vi. Also in the case of Dariye v. FRN [2015] All FWLR (Pt. 774) 97 the
court held that where constituent elements of an offence occur in
different jurisdictions, the appropriate means to determines which
court has jurisdiction to try the accused is to identify what element of
the offence in the proof occurred where, any of the jurisdiction in
which an element occurs has territorial jurisdiction to try the accused.
vii. Where the offence is a federal offence and triable by the Federal High
Court, the Federal High Court is considered to be of nationwide
jurisdiction S. 19 (1) FHCA, therefore where such an offence is
committed in Lagos State, the defendant can be tried at the Federal
High Court in Maiduguri see Abiola v FRN.
viii. However in the case of Ibori v FRN [2009] All FWLR (Pt. 487) 159
at 179 , (Delta to Kaduna) Hon. Justice Shuaibu. CA.
ix. The Court of Appeal held that to take the accused person from Delta
State to Kaduna State for trial amounted to forum shopping.
30
x. Note that a party may apply to the Chief Judge of FHC to transfer a
matter from one division to another for convenience purpose. S. 19(2)
FHCA.
VENUE OF CRIMINAL TRIAL:
• The venue of trial is very important. Section 93 ACJA, provides that
an offence shall be tried by a court within the local limits of whose
jurisdictions:
• The offence was wholly or in part committed, or some acts forming
part of the offence was done;
• The consequence of the offence has ensued;
• An offence was committed by reference to which the offence is
denied; or
• A person against whom, or property in respect of which, the offence
was committed is found, having been transported there by the
suspect or by a person knowing of the offence.
• Section 96 ACJA also provides that:
• Where an offence is committed in a state and completed in another
state ; or
• Is completed in the Federal Capital Territory, Abuja being
commenced in another State , the suspect may be dealt with, tried
and punished as if the offence had been actually or wholly committed
in any of the states, or the FCT.
• Every Court in Nigeria has power to try both civil and criminal matter
except for Tribunal established for specific purpose.
• The jurisdiction of Court to entertain criminal matter may be broadly
classified into two:
1. Court of General Criminal Jurisdiction
2. Court of Special Criminal Jurisdiction
COURTS OF GENERAL CRIMINAL JURISDICTION IN THE SOUTHERN
STATES OF NIGERIA.
CUSTOMARY COURT
 Customary courts can be found in all the Southern States of Nigeria;
 The Customary Court was formerly known as Native courts in the
southern states which can be found in the former Western Nigeria
and Eastern Nigeria.
 No customary court in Lagos State because that was the then
Federal Capital.
• It became customary court by virtue of the Customary Courts Law of

Western Nigeria 1959 and Eastern Nigeria 1956.
31
• JURISDICTION: It entertain cases such as violation of Bye laws and

Rules of Local Government and cases of contempt in facie curiae. S.
19 Customary Laws of Oyo State.
• Oyo State has three grades of Customary court
• Customary Court Grade A = N1,000 or 5yrs
• Customary Court Grade B = N400 or 2yrs
• Customary Court Grade C = N100 or 1yr.
• Appeals from the Customary court goes to the Magistrate court.
MAGISTRATES’ COURTS (South)
• Magistrates courts are established in all states in the Federation by
the Magistrates Court Laws of various States.
• Magistrates Court in Oyo State
• Has seven grade of magistrates’ courts as follows:
• Chief Magistrate Grade I = 7yrs or N30,000
• Chief Magistrate Grade II = 7yrs or N25,000
• Senior Magistrate Grade I = 5yrs or N20,000
• Senior Magistrate Grade II = 4yrs or N15,000
• Magistrate Grade I = 3 yrs or N10,000
• Magistrate Grade II = 2 yrs or N5,000
• Lay Magistrate. = 1 yr or N2,000
• Note that they can impose both the imprisonment terms and fines.
• The Magistrate Court has the jurisdiction to try all non-indictable
offences and indictable offences other than capital offence with the
consent of the accused person.
• Failure to obtain the consent of the accused person where it is an
indictable offence is fatal as it goes to the jurisdiction of the court.
• An indictable offence according to section 2 of CPL are offences
which may be punished by a term of imprisonment exceeding two
years or fine exceeding N400 and cannot be punished on summary
conviction.
• In the case of Amaechi v INEC, the court held that an indictable
offence is an offence that is triable on information.
• The jurisdiction of any grade of magistrate court may be increased by
the Governor of a State upon the recommendation of the Chief
Judge.
• Appellate Jurisdiction: S. 25 Magistrate Courts Law, Oyo State,
appeals from the decision of the Customary Court go to the
Magistrates’ Court.
MAGISTRATE COURT LAW OF LAGOS STATE 2009.

32
• The law repealed all cadres of magistrate and established only one
cadre
• Also the hierarchy is now according to seniority
• The power to increase the prescribed punishment lies with the A.G.
• All grades of magistrate have equal jurisdiction to try cases and
punish offenders.
• The Law also provides that all magistrate shall impose punishment as
prescribed by the law creating that offence, however shall not impose
more than 14 years imprisonment.
HIGH COURT IN THE SOUTH
• High Court of a State is provided for under Section 270 of 1999
Const. (as amended) Its jurisdiction to try an offence is provided in
section 272 of the Constitution. The High Court has the power to
try both indictable and non-indictable offences. It has power to try
offences which carries capital punishment.
• The Jurisdiction of the High Court is unlimited. Although in practice,
there are offences which are usually tried by the Federal High Court,
but there is no law which confers exclusive jurisdiction on the Federal
High Court, this is because S.251(1) of the Constitution only gives
exclusive jurisdiction to the Federal High Court in relation to civil
cases and not criminal cases. See however the NDLEA Act FHC
exclusive in drug offences.
Jurisdiction of the High Court
• All indictable offences contained in an information;
• Any offence where jurisdiction is expressly conferred by the
Constitution or any other law;
• Any non-indictable offence brought by any other mode;
• Criminal appeals from Magistrates’ Courts;
• Federal offences within it’s jurisdiction.
COURTS OF GENERAL CRIMINAL JURISDICTION IN THE NORTHERN

STATES.
AREA COURTS
• Area Courts were created by the Area Courts Laws of various States
of the former Northern Region. With the coming into effect of the
Area Court Edicts of 1967, the native courts were re-designated as
Area courts.
• The grades of Area courts are as follows:
• Upper Area Court: unlimited except capital punishment
33
• Area Court Grade I: 5yrs or N1,000

• Area Court Grade II: 3yrs or N600 fine
• Area Court Grade III: 9mnts or N100 fine
• The Area Court Edicts relates to the whole of the Northern states,
however, most states in the North now have their Area Court Laws
and amended the punishment.
• Area courts are established by warrant under the hand of the Chief
Judge and to exercise such jurisdiction as is given to them by the
warrant. S. 3 Area Court Edict.
• S. 17 of the Edict creates four Grades of Area Courts to be presided
over by either a Judge sitting alone or with a member or assessor.
JURISDICTION OVER PERSONS
• The Area Court has jurisdiction to try the following persons:
• A person whose both parents were members of any tribe(s)
indigenous to any part of Africa and their descendants;
• Any person one of whose parents was a member of any tribe
indigenous to Africa;
• Any person who consents to be tried by an Area Court. S. 15 Area
Court Edict.
• However S. 11 of the Area Court Act applicable in the FCT Provides
for jurisdiction over Muslims and those who consent.
JURISDICTION OVER OFFENCES
• 1. Penal Code Offences: S. 12(2) of the CPCL provides that any
offence shown under the Seventh Column of Appendix A to be triable
by the Native Court (now Area Court)
• 2. Non- Penal Code Offences: S.13 of the CPCL also gives power to
the Area Court to try any other offence not contained in the Penal
Code.
• This exclude Culpable Homicide punishable with death and
attempted Culpable Homicide and all offences carrying capital
punishment.
AREA COURT IN THE FCT
• In the FCT, there are only two grades of Area Courts. Upper Area
Court and Area Court Grade I S.17 Area Court Act.
• The Area Court in FCT does not have criminal jurisdiction except
where the Judge is a Lawyer by the Area Courts (Conferment of
Criminal Jurisdiction) Order, 2006. Now FCT Abuja Area Courts
(Repeal and Enactment) Act, 2010.
• Upper Area Court = Unlimited jurisdiction except Culpable Homicide
34
• Area Court Grade I = Jurisdiction to impose a sentence of up to 5 yrs

imprisonment or N1,000 fine.
• PRACTICE AND PROCEDURE BEFORE THE AREA COURT: The
procedure before the Area Court is simple and it is not saddled with
the normal complexities and technicalities associated with court
proceedings.
• The Area Court are not bound by the rules of technicalities.
• S. 387 of CPCL makes the framing of a formal charge unnecessary
before a criminal case can be tried in the Area Court. What is
required is a statement of offence, with date and place and the value
of property stolen where applicable. Alabi v C.O.P (1971) NNLR 104
the court held that it was not necessary to frame a formal charge.
• However they are expected to comply with substantial justice. S.6
Area Court Edict. Jos Native Authority v. Allah Na Gani.(1968)
NMLR 8
• RIGHT OF APPEARANCE OF COUNSEL BEFORE THE AREA
COURT.
• S. 390 CPCL and S. 28 of the Area Court Edict provides that a
Legal practitioner shall not have the right of appearance before an
Area Court.
• In the case of Rgd Trustees of ECWA Church v. Ijesha [1999] 13
NWLR (Pt. 635) 368 CA, the court held that a Senior Advocate of
Nigeria cannot appear before an inferior court, however in a recent
case of AG Lagos State v Persons Unknown, the court held that to
hold that SAN cannot appear before an inferior court will violate
S.36(6) of the Constitution.
• Although the above case is a Magistrate Court decision which cannot
overrule Ijesha’s case, but it is a step in the right direction.
• The decision of the Area Court can be appealed against at the High
Court.
SHARI’A COURT
 Shari’a Penal Code is established in some Northern States of Nigeria.
 For instance in Kano State, S. 3(1) of the Shari’a Courts Law
makes provisions for two courts which are
 The Shari’a court and Upper Shari’a court.
 The first schedule to the law further provides for 7 grades of Shari’a
Court as follows:
 Upper Shari’a Court I= Unlimited
 Upper shari’a Court II= unlimited
35
 Principal Shari’a Court I= 10yrs, all cases except

Homicide, Adultery and Robbery
 Principal Shari’a II =7yrs, same as above except Riot.
 Senior Shari’a = 6yrs, same as above
 Higher Shari’a = 5yrs, same as above
 Shari’a = 3yrs, same as above.
Jurisdiction of Sharia Court over persons
a. The accused person is a Muslim.
b. The non-Muslim who submits to the jurisdiction of Sharia Court.
Where the offence was jointly committed with a non-Muslim and he refuses
to submit to jurisdiction, he can be referred to the Magistrate Court or other
courts with jurisdiction to try the case.
• The Sharia Court is properly constituted where a single Alkali sits,
however where it sits as an appellate court, it shall be properly
constituted by two Alkalis.
• The Alkali of a Sharia Court can impose Diya
• Lawyer can appear in Sharia Courts
• Applicable laws are: Penal Code, CPCL, Principles of Islamic Law
and Procedure and laws made by the Grand Khadis.
Magistrates’ Court (FCT)

• See: Magistrate Court (Increase of Jurisdiction of Magistrates) Order,
2014 made pursuant to Criminal Procedure Act (Cap 495) Laws of
FCT Nigeria, 2006.
MAGISTRATES´ COURT (F.C.T)
• (i) Chief Magistrate I, imprisonment for a term not exceeding 10 years
or fine not exceeding N50,000, or caning.
• (ii) Chief Magistrate II, imprisonment for a term not exceeding 8 years
or fine not exceeding N45,000 or caning.
• (iii) Senior Magistrate I, imprisonment for a term not exceeding 6
years or fine not exceeding N40,000, or caning.
• (iv) Senior Magistrate ll, imprisonment for a term not exceeding 4
years, or fine not exceeding N35,000, or caning.
• (v) Magistrate I, imprisonment for a term not exceeding 2 years, or
fine not exceeding N30,000, or caning.
• (vi) Magistrate II, imprisonment for a term not exceeding 1 year, or
fine not exceeding N25,000, or caning.
• (vii) Magistrate III, imprisonment for a term not exceeding 6 months,
or fine not exceeding N20,000, or caning.
MAGISTRATE COURTS IN THE NORTH
36
• Magistrates Court were established under S. 6(1) of the CPCL and

amended by the Magistrate Courts Law of various States.
• S. 8 of the CPCL provides for 4 grades of magistrates, however each
State modified the provisions by providing for its own grades.
• For instance, Kano provides for 7 Grades as follows:
• Chief Magistrate Grade I = 14 YRS OR N30,000
• Chief Magistrate Grade II= 12YRS or N25,000
• Senior Magistrate Grade I = 10yrs or N20,000
• Senior Magistrate Grade II = 7yrs or N15,000
• Magistrate Court Grade I = 5yrs or N10,000
• Magistrate Court Grade II = 3yrs or N5,000
• Magistrate Court Grade III = 1yr or N2,000
JURISDICTION OVER OFFENCES
• Penal Code Offences; S. 12(1) CPCL Offences shown in the sixth
column of Appendix A.
• Non- Penal Code Offences: S. 13(1) provides that Magistrate Courts
can try offences under any other law which are triable by Magistrate
Courts.
• The Governor may upon recommendation of the State Chief Judge
and by order in writing increase the jurisdiction of a Magistrate.
S.19(1) CPCL
• Consecutive Sentences: A Magistrate in the North has the power to
impose consecutive sentence which may exceed its jurisdiction to
impose sentence.
• Such sentences shall run consecutively except where the Magistrate
direct that the sentences should run concurrently.
• In case of concurrent/consecutive sentence, the aggregate of the
sentences must not exceed twice the jurisdiction of the court to
impose punishment. S. 24 CPCL.
• Note Emone v Police and Fashusi v Police, in the South where it was
held that a magistrate Court cannot hide under a similar provision in
the CPL and impose punishment which exceed it’s jurisdictional limit.
• REFERENCE TO A HIGHER COURT: S. 257 CPCL provides that a
Magistrate in the North, after trying an accused person or accepting a
plea of guilty from an accused person, may refer such person to a
higher Magistrate or the High Court for sentencing.
Holding Charge
• This is a practice by some Magistrate Court where the court hear the
First Information Report of persons charged with offences beyond its
jurisdictions and remand the person in the prison to await proper trial.
37
• This is usually the escape route taken by the police to avoid violating
S. 35(4) (5) of the Constitution.
• This practice has over the years been frowned at by superior courts
because of its attendant complications and injustice and has been
declared as unconstitutional. Lufadejuv. COP
• S. 293 of the Administration of Criminal Justice Act, 2015 and
Section 264 of ACJL empowers a Magistrate to make remand orders.
For example a Magistrates’ Court in the FCT is empowered to
remand a suspect for a period of 14 days at the first instance and a
further period of 14 days where a probable cause is shown. SS. 294-
296 ACJA. This is however different from a holding charge which is
illegal.
• It is by way of ex-parte application made in Form 8 ‘‘Report and
Request for Remand’’ in the first Schedule to the Act.
HIGH COURT IN THE NORTH. S. 270
 High Court in the North has jurisdiction to try offences:
 All offences stated in the Column 6 of Appendix A to the CPCL.
S.12(1) CPCL
Criminal Appeals from the Magistrate Court S. 272(2) of the Constitution.
Criminal Appeals from Upper Area Courts S.272(2)
Jurisdiction over Federal offences. S.286.
HIGH COURT IN THE NORTH. S. 270
 High Court in the North has jurisdiction to try offences:
 All offences stated in the Column 6 of Appendix A to the CPCL.
S.12(1) CPCL
Criminal Appeals from the Magistrate Court S. 272(2) of the Constitution.
Criminal Appeals from Upper Area Courts S.272(2)
Jurisdiction over Federal offences. S.286.
• JURISDICTION TO IMPOSE PUNISHMENT The power of the High
Court to impose punishment is unlimited and can even impose death
sentence.
• A High Court in the North can impose punishment on an accused
person that was not tried by it.
APPELLATE COURTS OF CRIMINAL JURISDICTION (NORTH AND
SOUTH)
 The Court of Appeal: See section 237(1) and 240 of the 1999 Const.
as amended. Its jurisdiction is further provided in section 240-241 of
the 1999 Constitution as amended.
 Appeals from the High Court, Federal High Court, Court Martial e.t.c
38
 Appeals may lie from these courts as of right or with leave to the
Court of Appeal. S.240 and S.241. Constitution
 Who may appeal? S. 243 of the Constitution is instructive on this as it
confers the right of appeal on the Accused person and the
Prosecutor. The complainant or victim cannot appeal. Akinbiyi v
Adelabu.
The Supreme Court of Nigeria
• See section 230 (1) of the 1999 Const. as amended. This Court is a
court of general appellate criminal jurisdiction, here, all criminal
matters that comes before this Court is by way of appeal. This is
provided in section 233(1) of the 1999 constitution as amended.
• Appeal to the Supreme Court can either be as of right or with leave.
S. 233(2)
• Who may appeal? The accused person or the prosecutor (Attorney-
General or any other prosecutor) S.233(5) Constitution
COURTS OF SPECIAL CRIMINAL JURISDICTION

JUVENILE COURTS
• This court was established under the Children and Young Persons
Act, but was later domesticated as Children and Young Persons
Laws in various States.
• The courts were created to try juvenile offenders, children and young
persons.
 WHO IS A JUVENILE OFFENDER?
I. Children(1-7) they are not criminally liable and the Juvenile court has
no jurisdiction over them;
II. Above 7 but less than 12: they are not criminally liable except where
at the time of doing the act they had the capacity of knowing that they
ought not to do so. State v Nwabueze
III. Children (12-14) these children are liable for any act done by them
which constitute an offence. S. 30 Criminal Code, S. 2 CYPL.
IV. Above the age of 14 but below 18 years are classified as young
persons under the CYPL.
V. The Court is constituted by one Magistrate with such other persons
as the Chief Judge may determine.
VI. The Juvenile Court has the jurisdiction to try children and young
persons.
VII. Exceptions:
VIII. where the child or young person commits an offence that carries
capital punishment.
39
IX. Where the child or young person is charged jointly with an adult.
X. In the above cases the Juvenile court shall not have jurisdiction. S.
6(2)CYPL
DETERMINATION OF AGE
• S. 6(3) provides that the court should adjourn in order to determine
the question of age of the child or young person. SS. 208 and 209 of
the CPL
• The courts can verify the age of an accused person in the following
ways:
• 1. direct evidence of the date of birth, by birth certificate.
• 2. oral testimony of the parents or relations;
• 3. Medical examination by a medical doctor in a Government hospital
or Medical Institution. R v Oladimeji, his age was put at 18yrs by
his parents but was rejected when a medical examination put his age
at 25ys old.
Characteristics of Juvenile Courts
• 1. Proceedings are not opened to the public S. 6(5) CYPL, S.36(4)
Constitution.
• 2. The identity of the child or young person shall not be published
except where the law permits it. S. 6(6) CYPL
• 3. No child shall be ordered to be imprisoned. S.12(1) CYPL
• 4. No young person shall also be imprisoned except there is no other
way to deal with him S.12(2)
• 5. Where the young person is imprisoned, he shall not be allowed to
mix with adult prisoners. S.12(3)CYPL
• 6. A juvenile offender shall not be sentenced to death and death
sentence cannot be pronounced. Under S. 368 CPL, the offender
shall be detained at the pleasure of the Governor. However under
ACJA, the offender shall be sentenced to life imprisonment if found
guilty of capital offence. S.405 ACJA.
• 7. The use of words like conviction and sentence is prohibited. S. 17
CYPL
• 8.Avoiding interactions with adult offenders. S. S.417 CPL.
• Note that the relevant age is the age at the commission of the offence
and not age at conviction. See Bangaza V State, Modupe v State
The Court Martial
40
 S. 129 of the Armed Forces Act establish the Court Martial and
provides for two types of Court Martial which are:
 1. the General Courts Martial
 2. the Special Courts Martial.
GENERAL COURTS-MARTIAL
COMPOSITION:
• 1. President
• 2. Not less than 4 members
• 3. A Waiting Member
• 4. A Liaison Officer
• 5. A Judge Advocate:
SPECIAL COURTS-MARTIAL
COMPOSITION:
• President
• Not less than two members
• A Waiting Member
• A Liaison Officer
• A Judge Advocate
• In both cases, the president shall not be under the rank of Major or
other corresponding rank except where such an officer is not
available. In that case an officer not below the rank of Captain or
corresponding rank shall be the president.
• Note however that a Courts-Martial cannot try an officer who is above
the rank of the president and the members. S. 133(3) AFA, Okoro v
Nigerian Army Council ( Major)
• A Judge Advocate: The officer to be appointed as Judge advocate
must be a commissioned officer, a Legal Practitioner who must have
3 years post call experience. The Judge advocate acts as the
prosecutor and legal adviser to the Court.
• Note that the Judge Advocate is not a member of the Court for the
purposes of quorum, composition or voting. Nigerian Army v Dodo,
it was held that the Judge Advocate is not a member of the Courts-
Martial.
• The Waiting member: he is on stand by in case of any absent
member. He is not a member of the court and does not have a voting
right.
41
• The Liaison Officer: He serves as a link between the Court and the
outside world. He is not a member and does not have a voting right.
• The Court Martial is a court that gives binding decisions and as such
must observe the rules of natural justice.
JURISDICTION OF COURT MARTIAL
• The Jurisdiction is limited to persons who are subject to service laws
S. 130 AFA i.e members of the Nigerian Army, Nigerian Navy and the
Nigerian Air Force S.291 AFA
• The Court Martial has the jurisdiction to try both military and civil
offences. Military offences are offences created by the AFA. S.45-103
e.g Misconduct, Mutiny, Insubordination, Absence from duty,
malingering and drunkenness, offences relating to property e.t.c
• S. 114(2) AFA defines Civil Offences as offences which are created
by any law applicable in Nigeria. S. 104- 113 AFA list out the civil
offences that can be tried by the Court Martial e.g Assault, Rape,
Manslaughter, Murder, Robbery e.t.c
• S. 170 AFA provides that once jurisdiction is assumed by a regular
court there is nothing in the Act that can oust the jurisdiction of the
regular court.
WHO MAY CONVENE A COURT MARTIAL
SPECIAL COURTS-MARTIAL:
• The President
• The Chief of Defence Staff
• Service Chiefs
• A General Officer Commanding, a Brigadier-General, a Colonel or
Lieutenant Colonel or their corresponding ranks
• An officer for the time being acting in place of those officers
• GENERAL COURT MARTIAL:
• The President
• The Chief of Defence Staff
• Service Chiefs
• General Officer Commanding
• A Brigade Commander or corresponding command.
• The power of the above may be delegated to another officer.
Nigerian Air force v Obiosa
• The decision of courts martial is by the majority of votes of members.
• Where there is equality of votes on findings, the accused shall be
acquitted. (s. 140(2) AFA). Where there is equality of votes on the
sentence, the president shall have a second or casting vote.(s.
140(5))
42
• The decision of the court shall be announced in an open court and is

subject to confirmation by the convening authority.
• The scale of punishment which a courts martial may impose is
contained in S.118 AFA and they include death sentence,
imprisonment, dismissal with disgrace, reduction in rank, fine etc.
• A General Court Martial shall not impose death sentence if it consist
of less than seven members while a special Courts-Martial shall not
impose a sentence which exceeds imprisonment for a term of one
year or of death if it consists of only two members S.130 AFA.
• The decision of a Court Martial shall be signed and dated by the
President of the court martial and the Judge Advocate at the time of
delivery. Failure to do so will render the decision void. Army Rules of
Procedure, Rule 76 of 1972. Yakubu v. Chief of Naval Staff (2004)
NWLR (Pt. 853) 94; Erizea v. Nigerian Army (2015) LPELR –
26014(CA).
• Appeal from Courts Martial goes to the Court of Appeal and the
appeal must be filed within 40 days of promulgating its decisions.
Appeal against sentence of death must be filed within 10 days. Either
party can appeal.
• A person who is no longer in service can be tried by Court Martial
within 3 months of retirement for an offence committed while in
service. S.169(2) AFA, NAF v. James.
• A Courts- Martial is not a permanent court and it stands dissolved
after discharging its mandate.
The Code of Conduct Tribunal
• Established under the 1999 Constitution as a tribunal and under the
Code of Conduct Tribunal Act.
• It is a tribunal of coordinate jurisdiction with the High Court and the
Federal High Court;
• Has jurisdiction to try public officers for breaches of the Code of
Conduct as set out in Paras 1- 14 part 1 fifth Schedule to the Const.
• It consist of Chairman and two members appointed by the President
on the recommendation of the National Judicial Council.
• Under the Constitution of 1979, the court was renamed Federal High
Court.
• Under the 1999 Constitution, its jurisdictions are contained in S.251.
The ACJA is the applicable procedural law
• The criminal jurisdiction of the Federal High court is territorial.
Criminal jurisdiction of the Federal High Court.
• S. 251(2) provides for treason, treasonable felony and allied offences.
43
• S.251(3) also confers criminal jurisdiction on items listed under

subsection 1 on the Federal High Court.
• Note that because of the omission of the word exclusive as used
under S. 251(1) which relates to civil actions, the Federal High Court
cannot be said to have exclusive criminal jurisdiction on those
matters. Momodu v. State
• In Momodu v State, the court held that the Federal High Court has
concurrent jurisdiction with other courts under S.251(2)(3) of the
Constitution.
• Appeals from the Federal High Court lies to the Court of Appeal.
The National Industrial Court
 See section 254A of the 1999 Constitution. (3rd Alteration Act)
Itsjurisdiction is provided for under section 7 of the National Industrial
Court Act, 2006. Which is arising out of employment, labour and
industrial relations/dispute.
 In 2010, the National Assembly amended the Constitution by
inserting immediately after the existing section 254 a new sub-
heading ‘‘cc’’ and sections 254A-254F. S.254C(1) comprising
paragraph a-m.
 This enlarged the jurisdiction of the NIC to include matters relating to
enforcement of Chapter IV Fundamental Human Rights, child labour,
sexual harassment in work places as well as matters relating to or
connected to the application of international labour standards.
 S.254C(5) confers criminal jurisdiction on the court in matters on
which it has power to exercise civil jurisdiction. However the criminal
jurisdiction may not be exclusive like the civil jurisdiction.
 Appeals from NIC lies to the Court of Appeal directly. S.254C(6)
 For the purpose of exercising its jurisdiction, the provisions of the
Criminal Code, Penal Code
 Administration of Criminal Justice Act, 2015 and the Evidence Act
shall apply. S.254F(2)
 The National Industrial Court is a court of coordinate jurisdiction with
the Federal High Court and the High Court of the State and that of the
FCT.
INTERNATIONAL CRIMINAL COURT
• The Rome Statute under which the Court was created came into
force on 1st July, 2002.
• The court is different from the International Court of Justice. (ICJ)
• It is an independent Tribunal and not an arm of the United Nations
Organisation. But the U.N Security Council may refer cases to it.
44
• The court has no Jurisdiction to try States but only natural persons
• The court is located at the Hague, the Netherlands but can sit
anywhere for convenience.
• The ICC has jurisdiction to try crimes committed on the territory of
member states or committed by Nationals of member states.
• The prosecutor of ICC may intervene if the relevant state is unwilling
to investigate and prosecute offenders
• The ICC can issue warrant of arrest against such persons to be
executed by Interpol and the person will be brought before the court
for prosecution. The ICC is not bound by immunity clauses of
member states and may arrest anyone accused of crime within its
jurisdiction.
• JURISDICTION OVER OFFENCES
• Article 5 of the Rome Statute confers jurisdiction on the ICC to try the
following offences:
• Crime of Genocide- Article 6
• Crimes against humanity- Article 7
• War Crimes- Article 8
• The crime of aggression- Article 5(2)
• The ICC does not have jurisdiction over Minors and Juveniles.
JURISDICTION TO IMPOSE PUNISHMENT

• Article 77 prescribe the following punishments:
• Imprisonment for a specified number of years which may not exceed
30 years;
• Life imprisonment when it is justified by the gravity of the offence;
• The court may also order fine;
• Forfeiture of proceeds, property and assets derived directly from the
crime.
• The ICC does not recognise death penalty.
• How is criminal proceedings initiated?
• By reference to the prosecutor by state party
• By the prosecutor after initiating investigation under- Article 15.
QUESTIONS
There have been a lot of security challenges following the Covid 19
pandemic with high incidence of crimes committed in various parts of
Nigeria. Nosa and Tive are friends who specialize in snatching new SUV’s.
On 25 April 2020 amidst the lockdown in Lagos, the duo snatched a white
2020 G- wagon belonging to Baba Agba at gun point at a fuel station in
45
Lekki Phase 1. They drove the car at night from Lagos to Lokoja in Kogi
State where they took it to Chief Victor Barawo to spray the car to a black
colour and got a new number plate for it. On 5th May 2020 due to the
easing of the lockdown in the FCT they were able to drive the car into
Abuja and sold it for N10m.
Meanwhile, Tor another of their friend was apprehended after breaking into
an NCC facility and carting away sensitive equipment and assaulting the
security guard. The punishment for stealing is a minimum of 1O years in
prison and for assault a minimum of 6years.
In Keffi in Nasarawa State, Chu Jung a Chinese was alleged to have
battered his girlfriend Aisha Bello who refused to give in to his sexual
demands duo to fear that he may be carrying the dreaded corona virus.
Answer the following questions

1. In which jurisdiction can Nosa and Tive be tried for armed robbery?
2. Assuming the duo were brought before a Magistrates’ Court in the
FCT 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 the accused persons are to be tried in Lagos, draft the
heading of the court and the parties.
4. Comment on the jurisdiction of a Magistrates’ Court in Lagos to
impose consecutive sentences against Tor if he is convicted of both
offences. Would your answer be different if
(1) It was a Magistrate in Kano that tried him?
(2) It was a Magistrate in the FCT that tried him?
5. Comment on the power of the Upper Area Court in Keffi to try Chu
Jung. If Chu Jung had committed this offence in Ibadan, can the
Customary Court try him?
6. Assuming Tor is 16 years old, comment on the jurisdiction of the
Magistrates’ court to try him. Would your answer be different if Tor
had been charged for armed robbery?
Case Scenario and Task 2

Oduntan Mike and Ambo Bright who are both employees of Sleek
Technologies Ltd a private IT firm were arrested aboard an aircraft owed by
Tranquility Air in Lagos for illegal possession of drugs suspected to be
cocaine. They were on their way to France. Oduntan resisted the NDLEA
officer who arrested them from handcuffing him and in the altercation that
46
ensued, Oduntan punched the NDLEA officer twice on the face before he
was eventually subdue and taken away.
Meanwhile, because of the expensive lifestyle of the duo, which is believed
to be beyond their means, they have been arraigned before the Code of
Conduct Tribunal.
Answer the following questions.

1. Which court has jurisdiction to try the duo for illegal possession of
drugs?
2. Would your answer in question 1 above be different if the duo were
only charged for assaulting an NDLEA officer on board an aircraft?
3. Comment on the arraignment of Oduntan and Ambo before the code
of conduct Tribunal. What is the composition of the Tribunal?
Case Scenario and Task 3

General Dragon Gboza is the Commanding officer of Operation Wipe
Out Terrorism. He is known to be a no -nonsense man and ruthless. In a
bid to achieve his mandate on time, he issued an order for drone attacks
on Kilishi village where terrorist were suspected to be hiding despite the
fact that this will put the lives of 5,000 people including women and
children living there in danger. The exercise led to the death of over 2,000
people mostly children. The Nigerian Army has convened a General Court
Martial to try General Dragon and appointed Captain Cobra as chairman
with 3 others.
There was massive international condemnation of the exercise with calls
for General Dragon’s trial at the International Criminal Court (ICC)
1. Comment on the jurisdiction of the General Court Martial to try
General Dragon.
2. What is the difference 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. What are the possible avenues of bringing General Dragon to justice
before the ICC? What possible offence can he be charged with before the
sICC?
47
(WEEK 7)
INSTITUTION OF CRIMINAL PROCEEDINGS

CONTENTS
 Persons who have power to institute criminal proceedings
› The Attorney-General
› The Police
› Private Persons
› Special Prosecutors
› Private Legal Practitioners
 Limitation of time within which to commence criminal proceedings
 Modes of instituting criminal proceedings in the various courts in
Nigeria –Information, charges, complaint and F.I.R
 Practice Directions at the Federal High Court and F.C.T. High Court
 At the end of the lesson, students would be able to:
1. Explain who can institute (commence) criminal proceedings;
2. Explain how to commence criminal proceedings in the various courts
in Nigeria
3. Explain the effect of the Federal High Court and FCT High Court
Practice Directions
WHO CAN INSTITUTE CRIMINAL PROCEEDINGS?

INTRODUCTION
 Since every offence committed by a person is an affront on the state,
it is the state that has the competence to institute criminal
proceedings against such person. It was held in The State v.
Squadron Leader S.I. Olatunji (2003) 14 NWLR (pt. 839) 138 that
where there is no competence to institute criminal proceedings any
trial in such proceedings is a nullity.
 Competence is so crucial in prosecution such that an indictment
without jurisdiction will be quashed, even after the prosecution has
closed its case. See Okafor v. The State (1976) 5 S.C. 7
PERSONS THAT CAN COMMENCE CRIMINAL PROCEEDINGS IN
NIGERIA
Persons that can institute criminal actions are:
1. The Attorney-General (Federal and State)
2. The Police
48
3. Private Persons
4. Private Legal Practitioners
5. Special Prosecutors
THE ATTORNEY-GENERAL
 The office of the AG is created under sections 150(1) and 195(1), of
the 1999 Constitution for the federation and States respectively
 The Attorney-General is the chief law officer of the Federation and
States respectively. S. 174 and S. 211 of the 1999 Constitution
 He has the powers to
 institute and undertake,
 take-over and continue, and
 discontinue any criminal proceeding against or in respect of any
offender in their respective jurisdictions in any court of law
except a court-martial.
POWER TO INSTITUTE AND UNDERTAKE CRIMINAL PROCEEDINGS
 In Akpa v. State (2008) All FWLR (pt. 420) 644, the Supreme Court
held that the Attorney General has unfettered discretion to prosecute
persons in respect of any offence.
 Generally speaking, the powers of A.G Federation is restricted to
federal offences and the powers of the A.G States are restricted to
state offences
 The AG of a State can, however, prosecute a federal offence in two
circumstances:
 Where a Federal Law is intended to operate as a state law.
Emelogu v. The State (1998) 2 NWLR (pt. 78) 524
 By the instrumentality of a fiat, where the AG of the Federation
delegates the authority to him. (this is usually in respect of a
particular proceedings). Where there is no such delegation, the
AG State cannot prosecute, see Anyebe v. The State (1986) 1
NWLR (pt. 14) 39; Section 286(4) ACJA
POWER TO TAKE OVER AND CONTINUE CRIMINAL PROCEEDINGS
 The AG can take over and continue criminal proceedings instituted by
any other authority or person, including the Police, EFCC, ICPC,
Customs, NDLEA, and private prosecutors.
 See Amaefule v. The State (1988) 2 NWLR (pt. 75) 238; Nyame v.
FRN (2007) 7 NWLR (Pt. 1993) 344
POWER TO DISCONTINUE CRIMINAL PROCEEDINGS
 The power of the AG to discontinue criminal proceedings, also known
as nolle prosequi is unarguably the most far-reaching and
controversial of the powers,
49
 This power is exercised either orally by the AG in person or in writing

through any of the officers in his department. See SS. 73&74 CPL,
253 CPCL, 107 ACJA
 This distinction is, however, not present in the ACJL. See S. 71 ACJL
 The effect of entering a nolle prosequi is a mere discharge (not an
acquittal) of the defendant. See Clark v. A.G Lagos State (1986) 1
QLRN 119
 When there is no incumbent AG, no other officer in the AG’s
department can enter nolle prosequi- A.G Kaduna v. Hassan (1985)
NWLR (pt. 8) 483
 Nolle cannot be entered on appeal
 The power of nolle is unfettered and cannot be questioned even by a
court State v. Ilori (1983) 14 NSCC 69
DELEGATION OF POWERS OF THE ATTORNEY-GENERAL
 Sections 174(2) and 211(2) of the 1999 Constitution are both to
the effect that the foregoing powers of the AG can be exercised by
officers in his department.
 The AG may also delegate his powers to the Police, Customs, EFCC
and other agencies with prosecutorial powers. Saraki v. FRN (2016)
LPELR-40013(SC); Comptroller of Prisons v. Adekanye (2002) 15
NWLR (pt. 790) 318
 The power of delegation must be made expressly AG Kaduna State
v. Hassan (1985) NWLR (pt. 8) 483, Ibrahim v. State (1989) 1
NWLR (pt. 18) 650
 The power to institute criminal proceedings can be exercised even
where there is no incumbent Attorney-General Saraki v. FRN
(2016) LPELR-40013(SC)
 However, the power to discontinue a criminal proceeding can only be
exercised where there is an incumbent Attorney-General. A.G
Kaduna v. Hassan (1985) NWLR (pt. 8) 483
NOLLE PROSEQUI/POWER OF DISCONTINUANCE
 The power to enter a nolle should be distinguished from the power of
a prosecutor to discontinue criminal proceedings under Sections 75
CPL, 73 ACJL and 108 ACJA
 The major differences are as follows:
 First, the effect of a nolle is a discharge while the effect of a
discontinuance is a discharge or an acquittal depending on the stage
of the trial.
 Second, entering a nolle is at the discretion of the Attorney-General
while discontinuing proceedings is subject to the consent of the court.
50
 Third, the court may award costs against a prosecutor who

discontinues proceedings but lacks such power in respect of a nolle.
THE POWER OF THE AG TO ENTER NOLLE
 This is a very important power given to the AG by law.
 It is only the AG that can orally enter a nolle to discontinue a case.
 The AG need not give reason to discontinue the case
 He does not require the consent of the court to enter a nolle.
 His only limitation is that he must enter such nolle any time before
judgment.
 The implication of this is that nolle cannot be entered on appeal.
 In exercising his (AG) powers under s.174(3) and 211(3) CFRN
1999, the AG is required to have regard to public interest, the interest
of justice, and the need to prevent the abuse of legal process.
 The above provision was tested in State v Ilori, and the Supreme
Court held that the provision imports a discretion but certainly did not
create a condition.
THE POLICE
 The power of the Police to institute criminal proceedings is statutorily
provided in Section 23 of the Police Act
 The power is made subject to the power of the AG
 The law is settled that the Police have power to institute criminal
proceedings in all courts in Nigeria. Olusemo v. COP (1998) 11
NWLR (pt. 575) 547, Osahon v. FRN (2006) 5 NWLR (pt. 973) 361
 The CPL and ACJL in section 78 of their provisions provided for the
power of the police to prosecute matters in Magistrates courts. No
such power was mentioned by the same CPL and ACJL of the power
of the police to prosecute at the High Court.
 However as stated above the two cases of Olusemo v COP, and
Osahon v FRN have laid to rest the controversy whether or not the
police can prosecute beyond the Magistrates court.
PRIVATE PERSONS
 The various criminal procedure laws recognise the power of private
persons to institute criminal proceedings Sections 59&342 CPL,
143(e) CPCL, 77(1)(b)(ii)&254 ACJL, 381(d) ACJA
 The only limitation to the right of a private person to initiate criminal
proceedings is where the law or enactment specifically provides for
the class of persons that can initiate such action.
 Before an information signed by a private person is received by the
Registrar of a court, certain conditions must be fulfilled:
51
 The first is that there must be an endorsement by the Attorney-

General stating that he has seen the information and declines to
prosecute at the public instance, the offence(s) contained in the
information.
 Secondly, the private person shall enter into a recognisance in the
sum prescribed by the statute, together with a surety in the like sum.
OTHER STATUTORY LIMITATIONS TO THE RIGHT OF A PRIVATE
PERSON TO PROSECUTE
Proceedings for an offence of official corruption against a judicial
officer- the information must be signed by the AG.
 For the offence of sedition, the private person must seek the consent
of the AG.
 Adultery and related offences under sections 387,388&389 of the
penal code only the persons specified therein can institute the action.
SPECIAL PROSECUTORS
 The statute creating an offence may designate a particular person or
officer as the appropriate person to initiate proceedings.
 Statutes that create special prosecutors include:
 The EFCC (Establishment)Act See Ibrahim Shehu Shema v. FRN
(2018) LPELR-43723(SC)
 Customs and Excise Management Act See Customs & Excise v.
Barau (1982) 2 NCR 1
 The special prosecutor need not be a lawyer E.g. Section 66 of the
Factories Act vests the power of criminal proceedings in respect of
factory offences on the Inspector of Factories
PRIVATE LEGAL PRACTITIONERS
By section 381(C) of the ACJA, an information may be filed by a
private legal practitioner authorized by the AGF. Where a legal
practitioner is so engaged, he is said to enjoy the fiat of the AG. See
FRN v ADEWUNMI, GEORGE v FRN, etc.
LIMITATION OF TIME TO COMMENCE CRIMINAL PROCEEDINGS
 As a general rule, there is no time limit within which to commence
criminal proceedings against a person.
 Certain exceptions are, however, provided by statutes and include:
 Treason and Treasonable Felonies: within 2 years of the commission
of the offence( Note however, that there is no limitation of time with
respect to the offence of conspiracy) S. 43 CC
 Sedition: within 6 months of the commission of the offence S. 52(1)
CC
52
 Proceedings under the Customs and Excise Management Act

(CEMA): within 7 years of the commission of the offence S. 176(3)
CEMA
 Private complaint under s.92 of ACJA, private complaint must be
made within 6 years
 Sexual offences provided for in ss. 218 and 221 of the Criminal Code
Law must be commenced within 2 months of the commission of the
offence
 Service men (after retirement): 3 months Section 169(2) Armed
Forces Act
MODES OF INSTITUTING CRIMINAL PROCEEDINGS IN NIGERIA

MAGISTRATES’ COURTS UNDER THE CPL
 By bringing a person arrested without warrant before the Magistrates’
court upon a charge signed by a police officer S. 78(b) CPL
 By laying a complaint before a Magistrate S.78(a) CPL
MAGISTRATES’ COURTS UNDER THE CPCL
 By laying a First Information Report before a Magistrate S. 143(b)
CPCL
 By laying a complaint before a Magistrate whether or not on oath S.
143 (a) CPCL
MAGISTRATES’ COURTS UNDER THE ACJL

 By bringing a person arrested with or without a warrant before the
Magistrates’ court upon a charge contained in a charge sheet S. 78
ACJL
MAGISTRATES’ COURTS UNDER THE ACJA
 By bringing a person arrested upon a charge contained in a charge
sheet S. 110(1)(a) ACJA
 By laying a First Information Report before a Magistrate S. 110(1)(b)
ACJA
 By laying a complaint before a Magistrate S. 110(1)(c) ACJA
HIGH COURTS UNDER THE CPL

 Information of the Attorney-General of the state filed by a law officer
or a private prosecutor S. 77(b)(i) CPL
 Information filed in the court after the accused person has been
summarily committed for perjury S. 77(b)(ii) CPL
 Information filed in the court after the accused has been committed
for trial by a Magistrate S. 77(b)(iii) CPL
53
 Filing a complaint, whether or not on oath s.77(b)(iv)
HIGH COURTS UNDER THE CPCL

 By a charge filed with leave of a Judge of the High Court S. 185(b)
CPCL
 By laying a complaint before a High Court Judge S. 143(c) CPCL
HIGH COURTS UNDER THE ACJL

 By information of the Attorney-General of the state S. 77(1)(b)(i)
ACJL
 By information, filed by a private prosecutor S. 77(1)(b)(ii) ACJL
 By information filed in the court after the accused person has been
summarily committed for perjury S. 77(1)(b)(iii) ACJL
 Summarily in respect of contempt S. 77(1)(b)(iv) ACJL
HIGH COURTS UNDER THE ACJA

 In the High Court, by information of the Attorney-General of the
Federation S. 109(b) ACJA
 By information or charge filed in the court after the defendant has
been summarily committed for perjury S. 109(c) ACJA
 By information or charge filed in the court by any other prosecuting
authority S. 109(d) ACJA
 By information or charge filed by a private prosecutor S. 109(e) ACJA
FEDERAL HIGH COURT

 Actions can be commenced before the FHC by way of a charge; This
is inspite of the provision of S.109 of ACJA which has a general
provision See. S.33 of the FHC Act, which has a specific provision on
commencement of action at FHC
NATIONAL INDUSTRIAL COURT

 Section 109 of the ACJA is applicable.
 Therefore, by information where the AG is initiating the proceedings
 Where any other person or authority is prosecuting, a charge or
information would be filed.
APPLICATION FOR CONSENT TO FILE AN INFORMATION/LEAVE TO

PREFER A CHARGE
54
 In the High Courts in the CPL and CPCL jurisdiction, consent of the
court and leave of the High Court Judge respectively must be sought
before criminal proceedings are instituted therein.
 The rationale for requiring consent is to protect an innocent person
from the rigors of a groundless criminal prosecution Wabara v. FRN
(2010) LPELR-CA/A/217c/2006
 Failure to seek leave/consent renders the proceedings a nullity AGF
v. Isong (1986) 1 QLRN 75; Bature v. The State (1994) 1 NWLR
(pt. 320) 267
 Under the CPL, the Indictment Procedure Rules 1971 apply while in
the CPCL jurisdiction, the application is brought pursuant to the
Criminal Procedure (Application to prefer a charge in the High Court)
Rules 1970
 The application must be in writing and may be made vide a letter
Abacha v. The State (2002) 11 NWLR (pt. 779) 437
 The application must include:
 A copy of the proposed charge/information
 Proof of evidence of witnesses
 Unedited statement of the defendant(s) made during
investigation
 Where the application is brought by a person other than the
AG, an affidavit stating that the statements contained in the
charge/information are true to the best of his knowledge
 Whether there has been any previous application
 That there has been no committal proceedings
 In considering whether to grant consent/leave, the court must be
satisfied that a prima facie case has been made out against the
accused person. Ohwovoriole v. FRN (2003) 2 NWLR (pt. 803) 176,
Ikomi v. The State (1986) 3 NWLR (pt. 28) 340
 Where a trial Judge refuses the application for leave/consent, an
application can be made to another judge. Gaji v. The State(1974) 5
SC 68
 An applicant may also appeal against the refusal Akwuobi v. The
State (2016) LPELR-41389(SC)
 On the other hand, where an accused person is aggrieved by the
grant of consent/leave, he may apply to the court for the
information/charge to be quashed. Abacha v. The State (2002) 11
NWLR (pt. 779) 437.
 The issue of consent is very fundamental in the jurisdictions where it
is required.
55
 Note however that most jurisdictions do not require consent for filing
an information or preferring a charge especially with the
domestication of ACJL in various States.
 There is no consent under ACJA while filing an information or
preferring a charge.
EFFECT OF THE FEDERAL HIGH COURT AND FCT HIGH COURT

PRACTICE DIRECTIONS
 The Federal High Court practice directions relate to the offences of
terrorism, trafficking in persons, rape, corruption and money
laundering.
 The FCT High Court Practice Directions relate to applications for
leave to prefer a criminal charge by the EFCC, ICPC or any other
agency charged with the prosecution of criminal offences.
 Under the High Court of the FCT Practice Directions, in all
applications seeking leave to prefer a criminal charge, a court may
not hear the application until the accused person is brought before it.
It also requires, in addition to other provisions, that such application
must be accompanied by an affidavit stating that all investigations
have been concluded and that there is a prima facie case against the
defendant.
The Federal High Court Practice Direction makes similar provisions
regarding presence of the defendant and supporting affidavit.
However, while the FCT HC Practice Direction relates to application for
leave before preferring a charge, the FHC Practice Direction relates to
procedure to be adopted in proceedings before the court during hearing.
 These Practice Directions whether of the FHC or FCT High Court are
made to ensure speedy dispensation of justice.
 Where there is a conflict between the Practice Directions and the
Rules of Courts, the Rules of Courts will prevail over Practice
Directions.
 Some of the Practice Directions made by these courts bothers on
existing law. For instance, the provision that an accused person must
be present in court on the arraignment has been taken care of by the
case of Adeoye v The State [1999] 6 NWLR (Pt. 605) 64.
QUESTIONS
SCENARIO 1
While Chief Tackson and wife, Bentley, were away in Abuja attending the
thanksgiving party of a family friend who had just won an election into the
56
Senate, a gang of armed robbers stormed their house at No. 5

Independence Avenue, Enugu. The five-man gang broke into the house in
the early hours of 5th August, 2019. They shot the gateman and forcefully
had sexual intercourse with the house help aged 12 years. They also
carted away all electronic items in the house.
Following intense investigation, five students of the Institute of
Management Sciences, Enugu were arrested in connection with the
robbery. The suspects: Pixa, Hexa, Mega, Crux and Kodo were all detained
at the Independence Police Station, Enugu.
The Attorney-General of Enugu State filed an Information in the Chief
Magistrate’s Court, Independence Way, Enugu on the 5th day of November,
2019 against Pixa, Hexa and Mega for murder, armed robbery and
defilement. Crux and Kodo were not charged along with them as they were
released and asked to go home. On 6th November, 2019, the trio were
arraigned and they all pleaded not guilty to the three offences.
Without withdrawing the charge in the Magistrate Court, the AG initiated the
same action before the High Court No. 3, Enugu by preferring a charge
without the leave of the High Court Judge.
Aggrieved by the decision of the AG to charge only three out of the five
suspects to court, Chief Tackson filed a complaint in the High Court against
Crux and Kodo on 30th of November, 2019.
The AG, who was on pilgrimage to the Holy Land directed the DPP, Dinkpa
Kasul, through the telephone, to enter a nolle prosequi in the matter filed by
Chief Tackson. Following the nolle entered by the DPP, the learned trial
Judge discharged and acquitted Crux and Kodo. Chief Tackson was very
aggrieved and swore to sue the AG for abuse of office when he returns.
While the matter against Pixa, Hexa and Mega was still pending in court,
there was a cabinet shake up and the AG was removed, leaving the
Solicitor-General to discharge the functions of that office.
The parents of Pixa, Hexa and Mega approached the Solicitor-General of
the state, Mrs Ewu and pleaded with her to enter a nolle prosequi in their
children’s case. On the next adjourned date, Mrs Ewu entered a nolle in the
matter after seeking the consent of the High Court Judge. They were
however immediately re-arrested by the police outside the courtroom.
The prosecution intends to appeal the judgment. With the aid of

statutory and judicial authorities, answer the following questions:
1. Comment on the competence of the Information filed by the AG in the
Chief Magistrate’s Court.
2. Comment on the failure of the AG to charge Crux and Kodo to court.
57
3. Comment on the decision of the AG to initiate the same action against

the accused at the High Court by preferring a charge without the leave
of the court.
4. Comment on the complaint filed by Chief Tackson at the High Court.
5. What other options are open to Chief Tackson to ventilate his
grievances against the AG.
6. Comment on the nolle prosequi entered by the DPP on behalf of the AG
and the Order made by the court.
7. Comment on the nolle posequi entered by the Solicitor-General in the
case of Pixa, Hexa and Mega and their subsequent re-arrest by the
police.
SCENARIO 2
A case of illegal possession of firearms was reported against Chief Ukpala
at the Surulere Police Station on the 5th of August, 2019. The Police, after
investigation, arraigned him at the Federal High Court, Ikeja through an
Information prepared by the DPO, CSP Udara on the 5th of December,
2019. The Defence filed a preliminary objection on the following grounds:
1. That Chief Ukpala, being a staff of the Ministry of Defence, is a public
officer and hence the matter is statute-barred.
2. That the Police can only prosecute in the Magistrate’s Court.
3. That the case was filed without leave of the FHC Judge.
The matter was adjourned to 6th December, 2019 for ruling on the
preliminary objections. On the adjourned date, the AG of Lagos State,
Chief Iyala Isolo (SAN) announced appearance and applied to take over
the prosecution of the matter. The Defence objected and the Judge ruled
that the AG was a meddlesome interloper, since he did not file the matter in
the first place. The matter has been adjourned to 20th of June, 2020 for
hearing.
Discuss the following issues citing relevant authorities:
1. The competence of the Police to file the matter and the mode of initiating
the action
2. The grounds of P.O. filed by the defence.
3. The application of the AG to take over the case and the ruling of the
court
58
(WEEK 8)
CHARGES
OUTCOMES
1. Explain the form and contents of a charge.
2. Explain and discuss the rules of drafting charges.
3. Explain prosecutorial authorities – State, State of Lagos, FRN, COP, IGP
4. Explain the effect of breach of each rule.
WHAT IS A CHARGE?
A charge is a document which informs an accused person and the court of
the offence alleged against him, the place, date of the alleged offence, the
person or thing against whom the offence was allegedly committed and the
particular provision of a written law that makes the action or omission an
offence. This is in compliance with s. 36 (6) (b) of the 1999 CFRN. See also
S. 2 CPL; s. 1 part 1 chapter 1 CPCL; Ss. 371 ACJL & 494 ACJA.
2.0. Forms and Contents of a Charge
The components of a charge are as follows:

1. Heading
2. Reference Number
3. Parties
4. Preamble (Where applicable)
5. Main Body
6. Date
7. Subscription
1. Heading Every charge or information must be headed in the name of the
court where the charge or information is to be preferred, e.g. IN THE HIGH
COURT OF BAYELSA STATE IN THE YENAGOA JUDICIAL DIVISION
HOLDEN AT YENAGOA OR
IN THE MAGISTRATES’ COURT OF BAYELSA STATE

IN THE YENAGOA MAGISTERIAL DISTRICT HOLDEN AT YENAGOA
OR
IN THE FEDERAL HIGH COURT IN THE YENAGOA JUDICIAL DIVISION
HOLDEN AT YENAGOA
2. Reference Number Reference number must come immediately after the
heading on the right-hand corner of the charge or information sheet. It must
also appear in capital letters as in the heading, e.g.
59
IN THE HIGH COURT OF BAYELSA STATE IN THE YENAGOA

JUDICIAL DIVISION HOLDEN AT YENAGOA CHARGE NO:……………
3. Parties The parties must be stated immediately after the Reference
Number and these are the prosecutorial authority and the
accused/defendant as the case may be.
The prosecutorial authority in State offences in the High Court is “The
State” except Lagos State where the prosecutorial authority is “The State of
Lagos”. See s. 249 ACJ(R&R)L. The prosecutorial authority in the
Magistrates’ Courts whether the court resides in the South or the North is
“Commissioner of Police”
The Prosecutorial authority for Federal offences will depend on who
is instituting the proceedings:
1. If on behalf of the AGF it shall be in the name of “The Federal
Republic of Nigeria”. S. 268 (3) ACJA
2. If it is instituted upon delegation by AGF either by a private
practitioner or a Commission or Agency it shall be in the name of
“The Federal Republic of Nigeria”. S. 268 (3) ACJA
3. Where it is instituted by a police officer it shall be in the name of
“Inspector General of Police” or “Commissioner of Police” as the case
may be. S. 268 (2) ACJA.
Parties are stated thus: BETWEEN THE
STATE…………………………COMPLAINANT AND DO
GOOD……………………………DEFENDANT Note that whereas the
offender is referred to as “defendant” in the South as well as when he is
being tried for a federal offence, he is referred to as “accused person” in
the North. See s. 371 ACJ(R&R)L, 2011; s. 2 CPL; s. 1 CPCL; s. 349 (1)
ACJA.
4. Preamble This is only required when drafting an information to be
preferred in the High Court (South). It comes immediately after the
parties and must be in the lower case i.e. small letters. It is written
thus:
At the sessions of the High Court of Bayelsa State holden at Yenagoa
on the 2nd day of October, 2019 the Court is informed by the
Attorney General on behalf of the State that: DO GOOD (m) is
charged with the following offences:
5. Main Body This refers to the head of offence. This comes
immediately after the preamble where information is being drafted.
Where the charge is not an information the offences being charged
must come immediately after parties.
60
The offences must be charged one after the other except where any
of the rules of drafting allows that any two offences may be charged
together on the same charge sheet. Every head of offence in an
information must be in two paragraphs i.e. “Statement of Offence”
and “Particulars of Offence”.
6. Date. Every charge or information must be dated. This comes

immediately after the last offence has been drafted. Note that the
CPL and ACJA allow the date to be placed before the preamble. See
s. 337 CPL; s. 377 ACJA & Form 11 of the 1st Schedule to ACJA.
In practice however, it comes after the last offence has been drafted
and it is written thus: Dated this……day of ……, 2020. 7. Signature
Every charge or information must be signed by the framer of the
charge. It comes immediately after the date and should appear at the
bottom righth and corner of the charge or information, e.g.
Forms and Contents of a Charge (cont’d.) Signed Timi Fineface Esq.
Senior State Counsel For: Attorney- General Bayelsa State Ministry of
Justice
1.0. Points to note
1a. The section which prescribes punishment for the offence being
charged must be referred to in the count bearing the offence on the
charge sheet. E.g. in charging the offence of perjury s. 118 CC must
be used instead of s. 117 CC which only defines the offence.
1b. Where an offence is defined in one section and punishment for the
offence is prescribed in that same section, then the charge sheet
must state that section only.
1c. Where an offence is defined in one section and penalty is prescribed
in another section, penalty section should be used. However, by S.
194(3) ACJA, the law and the punishment section must be stated in
the charge.
•Where a section of the law defines the offence but punishment for that
particular offence and other offences are jointly stated in a separate
section, the charge sheet shall state both the definition section and penalty
section.
2. The Reference Number on a charge sheet to be used before any
court in the South and Federal Courts is to be captioned “Charge No.”
while it is to be captioned “Case No.” where it appears on any charge
to be used in any court in the North.
3. Every head of offence is referred to as “Count” on a charge or
information to be used in the Magistrate or Federal Courts and High
61
Court in the South e.g. “Count 1” or “Count One” or “First Count”

while it is referred to as “Charge” in the North e.g. “Charge 1” or
“Charge One” or First Charge.
See however 2nd and 3rd Schedule to CPL; 2nd & 3rd Schedule to
ACJL; 2nd & 3rd Schedule to ACJA; Appendix B paragraph B to
CPCL.
4. A charge to be used in the High Court (South) is referred to as
“Information” while it is referred to as “Charge” in the Magistrates
Court (South), Federal High Court, Magistrates or High Court (North).
5. Every count on an information must have two paragraphs i.e.
“Statement of offence” and “Particulars of Offence” whereas every
head of offence referred to as “Charge” in the Magistrates court,
South, High court North or Federal High Court must be in a single
paragraph containing both the statement and particulars of offence.
6. A charge to be used in a Magistrate’s Court in the South may be
drafted by the Police whereas only a Magistrate can draft a Charge to
be preferred in a Magistrate’s Court in the North.
7. The use of preamble is only necessary when drafting an Information
to be preferred in the High Court in the South, it is not required for
any other form of charge.
3.0. Rules of Drafting Charges

The rules guiding the drafting of charges are four and they are:
1. The rule against misjoinder of offenders.
2. The Rule against misjoinder of offences.
3. The Rule against duplicity and
4. The rule against ambiguity.
1. Rule against misjoinder of offenders
This rule applies to the charge sheet and not to the count. The General
Rule: Every offender must be charged and tried separately for the offence
committed even when the offence is committed jointly with others.
Exceptions: 1. When two or more persons jointly commit an offence, all
the offenders may be charged and tried together on the same charge sheet
for that same offence. See s. 155 CPL; s. 208 ACJA; s. 151(a)
ACJ(R&R)L; s. 221 (a) & (b) CPCL; Okojie v. C.O.P . [1961] WNLR 97.
Example: If ‘A’ and ‘B’ jointly stole Miss Ann’s Handbag, ‘A’ and ‘B’ may be
charged together on the same charge sheet and under the same count for
the offence of stealing.
2. When two or more persons are accused of different offences which
were committed in the course of same transaction, all the accused
62
persons may be charged and tried together on the same charge

sheet though, each person will be charged for the offence he
committed under a distinct count in the same charge sheet. See s.
155 CPL; s. 208 ACJA; s. 151(a) ACJ(R&R)L; s. 221 (d) CPC;
Haruna v. The State [1972] NSCC 550.
Example: ‘A’ and ‘B’ jointly agreed to beat up ‘C’. If in the course of the
beating by both ‘A’ and ‘B’, ‘A’ removed N5,000 from ‘C’s pocket without
the knowledge of ‘B’, both ‘A’ and ‘B’ will be charged together under the
same count for the offence of assault as well as battery while ‘A’ alone will
be charged under a different count on the same charge sheet for the
offence of stealing.
The test of what amounts to ‘course of the same transaction as laid down in
Haruna’s case is: “whether two or more acts constitute the ‘same
transaction’ depends on proximity of time and place, continuity of action
and community of purpose or design relative to the particular acts…thus in
order to constitute same transaction, all the acts from the very beginning
should be either in contemplation or should form the component parts of a
whole”.
•Note however that no matter how proximate the commission of two or
more offences may be, it must be shown that the offences are connected
by a string which is continuity of action.
3. When a person is accused of committing an offence and another of
abetting or been accessory to or attempting to commit such offence,
the accused persons may be charged and tried together on the same
charge sheet but under different counts. See s. 155 CPL; s. 151 (b)
ACJ(R&R)L; s. 221 (b) CPC; s. 208 (b) ACJA; Patrick Njovens &
Ors v. The State [1973] NNLR 76.
Example: ‘A’ being aware of ‘B’s escape from a lawful custody provides ‘B’
with shelter to shield ‘B’ from arrest, both ‘A’ and ‘B’ may be charged
together for the offences of screening and escape from lawful custody
respectively on the same charge sheet but under different counts.
4. When a person is accused of any offence of theft, criminal
misappropriation, criminal breach of trust and another of receiving or
retaining or assisting in the disposal or concealment of the subject-
matter of such offence, the accused persons may be charged and
tried together on the same charge sheet. See Ss. 155 CPL; s. 151
(b) ACJ(R&R)L; s. 221 (e) & (f) CPC; s. 208 (e) & (f) ACJA; Patrick
Njovens v. The State.
Example: ‘A’ stole a Hp laptop and ‘B’ bought the laptop from ‘A’ at a price
lower than the market value of the laptop knowing or having reasons to
63
know that the laptop was stolen. Both ‘A’ and ‘B’ may be charged and tried
together on the same charge sheet for the offences of stealing and
receiving stolen property respectively on the same charge sheet but under
different counts.
Note that for the offenders to be charged together in the same charge
sheet, the offences must be related to each other. This means that the
commission of one of the offences depends on the other e.g. stealing and
receiving stolen property. See Patrick Njoven’s case. Note also that the
Court has the power to order separate trial, on application by defence, the
exceptions notwithstanding. See Mailayi & another v The State (1968)
ANLR 117.
2. The Rule against misjoinder of offences.
This rule applies to the charge sheet and not to the count. General Rule:
Where a person is accused of several offences he must be charged and
tried separately for each of the offences otherwise the charge will be bad
for misjoinder of offences. For instance see Ss. 156 CPL; 212 CPCL; 152
ACJL & 209 ACJA.
Exceptions: 1. Where a person is accused of committing several offences
within a period of 12 months, any three of such offences may be selected,
charged and tried together on the same charge sheet notwithstanding that
the offences were not committed in the course of same transaction. See
Ss. 157 (1) CPL; s. 153 (i) ACJ(R&R)L; s. 209 (a) ACJA.
This exception is not applicable in the North as there is no corresponding
provision in the CPCL. Example: ‘A’ stole some money belonging to ‘B’ in
March 2018; assaulted ‘X’ in April 2018; raped ‘Y’ in May 2018; killed ‘Z’ in
August 2018; led a riot in September 2018; and drove while drunk in
February 2019, ‘A’ may be charged and tried for any three of the offences
on the same charge sheet.
2. Where a person is accused of committing several offences which are
so connected as to form part of same transaction all the offences may
be charged and tried together on the same charge sheet. See s. 158
CPL; s. 153 (iii) ACJ(R&R)L; s. 209 (c) ACJA; s. 214 CPCL.
Note that this rule does not limit the framer of the charge under this
rule to any particular number of offences. All that he is required to do
is to have regard to: i. proximity of time and place; ii. Continuity of
action; and iii. Community of purpose See Onubaka v.
Queen, 4 FSC 267; s. 153 (iii) ACJ(R&R)L; s. 209 (c)
ACJA.
Example: ‘A’ entered ‘B’s apartment in his absence and removed the
key to a Toyota Land Cruiser belonging to ‘B’s employer, ‘A’ used the
64
car to rob ‘C’ and while trying to facilitate his escape he knocked
down ‘D’ who died instantly. ‘A’ may be charged and tried on a single
charge sheet for the offences of house breaking, trespass to property,
robbery and manslaughter.
3. Where a person is alleged to have committed offences which
comprise same elements but are constituted under different laws, the
person may be charged and tried for all the offences on the same
charge sheet under the different laws in which the offences have
been constituted. See s.159 CPL; s. 212 ACJA. No corresponding
provision in the CPCL and ACJL.
Example: ‘A’, a taxi driver drove dangerously on the Lagos-Ibadan
Expressway and had an accident whereupon one of the passengers died.
‘A’ may be charged for the offence of causing death by dangerous driving
under the Federal Highway Act and manslaughter under the Criminal Code
on the same charge sheet. Note that the accused can only be convicted
and sentenced for one of the offences. See Elliot v. COP [1960] WRNLR
182
4. Where there is doubt as to which of the several offences created by
law may be established by the existence of a single act or series of acts or
omissions of which a person has been alleged, the person may be charged
and tried on a single charge for all or any one or more of such offences or
any or all the offences in the alternative. See s. 161 CPL; s. 216 CPCL; s.
214 ACJA; Azie v. The State [1973] 3 SC 149
Example: ‘Y’ is accused of series of acts which may amount to sexual
harassment, indecent assault and rape. If the prosecutor is in doubt as to
which of the three offences the series of acts could establish, ‘Y’ may be
charged and tried on a single charge sheet for all the offences in the
alternative.
Students should read the following exceptions to the rule against
misjoinder of offences:
1. Acts or omission which respectively constitute an offence and also
constitute an offence when some or all of the acts or omission are
combined. S. 160 CPL
2. Acts which create doubt as to when the offence which they constitute
was committed. S. 215 CPCL.
3. Rule against duplicity
General rule: Every distinct offence with which a person is charged must
be contained in a distinct count or charge. See s. 156 CPL; s. 152
ACJ(R&R)L; s. 209 ACJA; s. 212 CPCL. This rule applies to each count
65
of offence and not to the charge sheet. This means that each count in a
charge sheet must disclose one offence only. 3
Exceptions 1. Statutory exception. Some statutes permit joining of two or
more offences in a single count. S. 150 CPL provides that charges may be
as in the forms set out in the 2nd schedule of this Act and may be modified
in such respect as may be necessary to adapt them to the circumstances of
each case. See Ss. 200 CPCL,146 ACJL & 193 ACJA for similar
provisions.
S. 463 CPL permits the use of forms and precedents contained in the
schedules to CPL, subject to variations as circumstances of the particular
case may require. See also s. 146 ACJ(R&R)L. Example: If ‘A’ is accused
of burglary and stealing in Lagos State, the two offences may be contained
in a single count and the charge will not be bad for duplicity. It may be
drafted thus:
1: STATEMENT OF OFFENCE Burglary contrary to s. 411 and stealing

contrary to s. 390 (4)(b) of the Criminal Laws of Lagos State.
PARTICULARS OF OFFENCE Stone Face (m) on the 4th of April 2019 at
No. 3 Alomo road, Ikoyi in the Lagos Judicial Div broke and entered the
residential apartment of Mr. Ojo at 8pm with the intent to steal and stole a
Gucci wristwatch belonging to Mr. Ojo.
In Willie John v The State (1967) NMLR 101, the Supreme Court held that
there was nothing wrong in charging the offences of housebreaking and
stealing in different counts but that the usual practice is to join the two
offences in one count in accordance with form 16 of CPL. In so doing, the
drafter has not offended the rule against duplicity. The Supreme Court in
Humbe v State (1974) 5 SC 27 upheld the use of prescribed forms.
General deficiency of money over a period of time: Where a person is
accused of breach of trust or criminal misappropriation of money or
fraudulent falsification of accounts or fraudulent conversion at different
times over a period of time he may be charged in a single count or charge
for all the offences without stating the particular date when each of the acts
constituting the offence was carried out.
See The Queen v. Ugwu [1962] 1 All NLR 64. Note: i. The offence must
have been committed against same person. ii. The date within which the
offence was committed must be stated in the count. iii. The gross sum in
respect of which the offence is alleged to have been committed must also
be stated in the count.
Example: While auditing the account of ‘X’ company it was discovered that
various sums of money totaling N20,000,000 were taken at different times
66
by ‘A’ being the manager of ‘X’ company. ‘A’ may be charged in a single
count for all the acts constituting the offence without stating the specific
dates when what amount was taken, e.g.
‘A’ between May 2015 and March 2016 at ‘X’ Company Limited located at
No. 4 Akin Adesola Street, Victoria Island, Lagos in the Lagos Judicial
Division while entrusted with money belonging to ‘X’ Company Limited
fraudulently converted for your use various sum of money totaling
N20, 000,000.
This exception applies to only misappropriation of money. It does not apply
to other kinds of misappropriation such as goods. In R v Aniemeke (1961)
All NLR 43, it was held that the offences alleged, being misappropriation of
goods (59 boxes of cigarettes) as distinct from money, ought to have been
contained in separate counts. The charge was held to be bad for duplicity.
3. Identical offences committed in the same transaction: Where it is
alleged that a person committed identical offences in the course of same
transaction, all the identical offences may be charged in a single count and
it will not be bad for duplicity. This exception is a creation of case law. See
Police v. Oyewusi [1952] WRNLR 281
Example: ‘A’ corruptly demands money from each of three persons at the
same time for the purpose of attending to their common interest, ‘A’ may be
charged in a single count for all the acts of corruptly demanding money
from each of the three persons.
4. Overt acts in an offence of treason or treasonable felony: Overt acts
in an offence of treason or treasonable felony may be charged together in a
single count. See R. v. Omisade [1964] 1 All NLR 233. Overt act means
outward act, however innocent in itself, done in furtherance of a conspiracy,
treason, or criminal attempt. An overt act is usually a required element of
these crimes- R. v. Omisade.
4. Rule against ambiguity and uncertainty
This rule states that where any of the requirements of a valid charge or
information is violated such charge or information is bad for ambiguity or
uncertainty.
Example: A charge that fails to give an accused person a clear description
of who is being charged or the precise law under which the accused is to
be punished or a clear description of the offence that is being charged is
said to offend the rule against ambiguity. See Okeke v. IGP [1965] 1 All
NLR 506.
4.0 Effect of breach of the Rules of drafting • The general rule is that no
error in stating the offence or the particulars required to be stated in the
charge and no to state the offence or those particulars shall be regarded at
67
any stage of the case as material unless the accused person was infact
misled by such error or omission – Ss. 166CPL, 206 CPCL; 158 ACJL and
220 ACJA.
A charge that is in breach of the rules of drafting is a defective charge. A
conviction that is founded on a defective charge may be quashed on
appeal unless it is shown that the defect is not material enough to occasion
a miscarriage of justice or to mislead the accused person.
Example, a charge that is framed on a non-existent law is defective and
any conviction based on such charge will be quashed on appeal; a
conviction that is based on a charge that is bad for duplicity may be
quashed on appeal; a charge that offends the rule against misjoinder of
offences may be quashed on appeal only if the accused is confused by the
defect.
It is not in all cases where the charge is held to be bad for duplicity that the
conviction will be quashed or set aside. In Okeke v Police (1948) 1WACA
363 the appellate court agreed with defence counsel’s submission that the
charge was bad for duplicity but held that the defect did not occasion
miscarriage of justice.
But in R v Chima 10 WACA 223, the accused was alleged to have killed
her twin babies and was convicted on a single count of murder. It was held
on appeal that the charge was bad for duplicity.
QUESTIONS
Scenario 1
Audu Okon, Bola Madu and Abdullahi Dagogo conspired to rob Mr. and
Mrs. Buba Tella on the night of the Nigeria’s 2019 May Day celebration at
their residence at No. 4, Ibru Road, Ikoyi Lagos State. The gateman was
thoroughly beaten before tying him to a pole with his mouth strapped with a
piece of dirty cloth. The trio successfully dispossessed Mr. Tella of the
N500,000.00 (five hundred thousand Naira) he had in the house. Abdullahi
thereafter ordered Mrs Tella to lead him to their guest room as he
suspected that they had more money in the guest room. Abdullahi raped
Mrs Tella in the guest room threatening to kill her if she gave any slightest
sign of what was happening to her in the room.
Now answer the following questions:
1. Identify the court that has the jurisdiction to try the offenders as well
as the prosecutorial authority.
2. Identify the offences and the parties to the identified offences.
3. Draft the heading and the parties only.
68
4. How many charge sheets would you prepare? Give reasons for your
answer.
Scenario 2
Mairo Stanley and Dan Ahmed were brought before Mallam Shehu Malami,
Chief Magistrate I upon a First Information Report for offences of theft and
receipt of stolen property respectively on the 7th and 18th October 2019
respectively. A goat belonging to Mallam Abdul Auta was alleged to have
been stolen from his residence at No 4, Funtua Road, Katsina State, while
it was tethered to a pole within the compound. It was also alleged that the
goat was disposed off at the ‘Rago’ section of the Katsina Main Market,
Katsina. The two accused persons denied the allegations on the FIR
whereupon the court requested the prosecutor to supply evidence in
support of the allegations. The Magistrate was satisfied that a prima facie
case was disclosed by the evidence adduced by the prosecutor against the
two accused persons.

1. Who has the authority to draft the charge in the above scenario?
2. Describe (without drafting) the form and contents of the charge sheet.
Scenario 5
Due to the ban on rearing of cattle in the city of Abuja, Mr. Adamu Bawa
informed Mallam Miyetti Yusuf that he has acquired verse hectares of virgin
land on the outskirt of Abuja which he would exclusively lease to him for
grazing of his cattle. In consideration of a two year lease of the said grazing
area Mallam Miyetti Yusuf gave Mr. Adamu Bawa, a calf in addition to
payment of the sum of N500,000 on 5th September 2019 at Adamu’s
residence located at Adamu Bawa Crescent, Lugbe, Abuja. It turned out
that Miyetti was in fact duped.
Find below a draft of the heading and parties for a charge for filing in the
High Court of FCT.
IN THE HIGH COURT OF ABUJA
IN THE LUGBE JUDICIAL DISTRICT
HOLDEN AT ABUJA
SUIT NO………
The State………………………….Complainant
AND
Mr. Adam Buba …………….....Defendant
1. Which rule of drafting of charges is breached by the above draft?
2. Redraft as appropriate.
3. Discuss the effects of breach of the Rules of drafting charges.
69
WEEK 9 CHARGES II,

• CONTENTS
• HOW TO DRAFT A CHARGE IN MAGISTRATE COURT AND HIGH
COURT BOTH IN THE SOUTH AND NORTH.
• HOW TO DRAFT A CHARGE IN THE FEDERAL HIGH COURT AND
NATIONAL INDUSTRIAL COURT.
 THE EFFECT OF A DEFECTIVE CHARGE
 AMENDMENT OF CHARGES.
• OUTCOMES
 DRAFT A CHARGE IN THE VARIOUS COURTS IN NIGERIA
 EXPLAIN THE EFFECT OF A DEFECTIVE CHARGE
 AMEND A DEFECTIVE CHARGE
SAMPLE DRAFT OF CHARGES

(1) MAGISTRATE COURT IN THE NORTH
(HEADING)
IN THE MAGISTRATE COURT OF BENUE STATE
IN THE GBOKO MAGISTERIAL DISTRICT
HOLDEN AT GBOKO
CASE NO:……….
BETWEEN:
COMMISIONER OF POLICE - COMPLAINANT
AND
IBRAHIM MUSA - ACCUSED PERSON
(BODY OF CHARGE)
I, DANJUMA ALIYU, Chief Magistrate Grade 1, do hereby charge you
Ibrahim Musa, as follows:
CHARGE ONE:
That you, Ibrahim Musa on or about the 5th day of March, 2019 at No. 10
Modibbo street, Gboko in the Gboko Magisterial District committed the theft
of a Tecno Mobile Phone, Property of Chief Tolu Agbatar and thereby
committed an offence punishable under section --- of the Penal Code Law
of Benue State, Cap --- Laws of Benue State and triable by this court.
And I hereby direct that you be tried by this court on the said charge.
Dated this 18th day of May, 2019.
---------------------------
Danjuma Aliyu
Chief Magistrate
Grade 1
70
(2) MAGISTRATE COURT IN THE SOUTH

(HEADING)
IN THE MAGISTRATE COURT OF BAYELSA STATE
IN THE YENAGOA MAGISTERIAL DISTRICT
HOLDEN AT YENAGOA
CHARGE NO:……….
BETWEEN:
COMMISIONER OF POLICE - COMPLAINANT
AND
GBALE GOODLUCK - DEFENDANT
(BODY OF CHARGE)
COUNT ONE:
That you, Gbale Goodluck on or about the 15th day of May, 2019 at No. 10
Law School Avenue, Agaduma, in the Yenagoa Magisterial District, stole a
Tecno Mobile Phone belonging to Madam Victoria Gbaraba and thereby
committed an offence punishable under SECTION --- of the Criminal Code
Law of ---- Cap --- Laws of Bayelsa State 2004.
Dated this -------- day of ----------------------, 2019.
---------------------------
Inspector James Timaya
Police Officer
(3) HIGH COURT IN THE NORTH

(HEADING) CHARGE
IN THE HIGH COURT OF KADUNA STATE
IN THE ZARIA JUDICIAL DIVISION
HOLDEN AT ZARIA
CASE NO:……….
BETWEEN:
THE STATE - COMPLAINANT
AND
GARBA SULEIMAN - ACCUSED PERSON
(BODY OF CHARGE)
CHARGE ONE:
That you, Garba Suleiman on the 25th day of March, 2019 at No. 5 Sultan
Machido Street, in the Zaria Judicial Division, Kaduna State, unlawfully
converted goat property of Mrs. Inuwa Dada without her consent and
71
thereby committed an offence of theft punishable under section 270 of the

Penal Code Laws of Kaduna State.
Dated this -------- day of ----------------------, 2019.
---------------------------
E. A. Tanko, Esq.,
Principal State counsel,
For the Attorney General,
Kaduna State
(4) HIGH COURT IN THE SOUTH

(HEADING) INFORMATION
IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
BETWEEN:
STATE OF LAGOS - COMPLAINANT
AND
ONILE ADEYEMI - DEFENDANT
(BODY OF CHARGE)
(preamble)
At the sessions of the Court holden at Ikeja on the ----- day of ----------2018,
the Court is informed by the Attorney General of the state on behalf of the
state that:
Onile Adeyemi is charged with the following offence:
COUNT ONE:
STATEMENT OF OFFENCE
Armed robbery contrary to section 1(2) (a) of the Robbery and firearms
(Special Provisions) Act, Cap. R11LFN, 2004.
PARTICULARS OF OFFENCE
Onile Adeyemi on or about the 17th day of May, 2019 at No. 15 Lejok
Brown Street, Ikeja in the Ikeja Judicial Division, whilst armed with gun
broke into the vaults of Diamond Bank plc and carted away one large box
containing the sum of (50) Fifty Million Naira, belonging to Diamond Bank
plc.
Dated this -------- day of ----------------------, 2019.
72
---------------------------
Oyanta Basi, Esq.,
Principal State counsel,
For the Honorable
Attorney General of
Lagos State
(5) FEDERAL HIGH COURT AND NATIONAL INDUSTRIAL COURT

(HEADING)
IN THE FEDERAL HIGH COURT OF NIGERIA

HOLDEN AT YOLA
BETWEEN:
FEDERAL REPUBLIC OF NIGERIA- COMPLAINANT
AND
LAWAN BABUBA - DEFENDANT
(BODY OF CHARGE)
CHARGE ONE:
That you, Lawan Babuba on or about the 15th day of May, 2019 at No. 6
Bishop Street,within Yola judicial division, without lawful authority engaged
in selling of drugs otherwise known as “cocaine” to truck drivers and
thereby committed an offence contrary to section 11 (b) of the National
Drugs Law Enforcement Agency Act, 2004.
Dated this -------- day of ----------------------, 2019.
---------------------------
Aliyu Mohammad, Esq.,
Senior law officer,
For the chairman, NDLEA.
DEFECTIVE CHARGE
A defective charge is a charge that suffers from non compliance with rules
of drafting charges or for failure to adhere to both substantive and
procedural law.
• a defective charge may rob the court of jurisdiction to try the charge,
for instance a charge that cites a non existent law as the law under
73
which the defendant may be tried. See section 36(12) CFRN.FAITH

OKAFOR V GOV OF LAGOS (2016)LPELR 41066
• WHEN TO OBJECT TO A DEFECTIVE CHARGE.
• An objection to a defective charge ought to be raised at the
commencement of the trial, especially before the defendant enters his
plea. See section 167 CPL, 221 ACJA; ADIO V STATE
(1986)3NWLR Pt. 31 pg. 714.
• The onus lies on the defendant himself or his counsel to timeously
raise an objection to a defective charge once noticed on the charge
sheet.
• Failure to so raise an objection on time, the defendant is deemed to

have waived his right. See OBAKPOLOR V. THE STATE
(1991)1NSCC 271; ALINTAH V. FRN (2008)29 WRN 166.
• HOW TO OBJECT TO A DEFECTIVE CHARGE.
• The defendant can file a motion on notice supported by affidavit
stating the grounds of the objection. See OBAKPOLOR V STATE.
• The defendant can file a preliminary objection stating his grounds of
objection.
• The defendant can file summons supported by affidavit before the
Federal High Court. See FRN V. ADEWUMI (2007)10 NWLR Pt.
1042, pg. 399.
• GROUNDS FOR OBJECTING TO DEFECTIVE CHARGE.
 Charge contains an offence not known to law.
 Where leave is required but has not been obtained.
 The charge violates fundamental rules of drafting charges.
 If the defendant has once been acquitted or convicted of the same
offence.
 If the defendant is immune from criminal prosecution in respect of the
particular charge on account of legal incapacity, e.g. tender age.
 If the proof of evidence and witness statement discloses no link of the
charge to the defendant. See ABAI V. THE STATE(2016)LPELR
40127.
EFFECT OF CONVICTION ON A DEFECTIVE CHARGE
 where the defect in the charge sheet is of such nature as to mislead
the defendant, any conviction based on it will be set aside on appeal.
 In situation where there are overwhelming evidence at the trial
against the defendant, the appellate court may order a retrial.
 where the defendant is not misled by such defects in the charge
sheet the charge remains valid .
74
 See the relevant provision of section 166 CPL, section 206 CPCL,
section 158 ACJL, section 220 ACJA. See also OGBOMOR V.
STATE (1985)2 SC.
AMENDMENT OF CHARGES
• Amendment of charge is inclusive of any alteration, addition, or
substitution of an existing charge with a new one.
• It is important to note that, the trial court and the prosecution have the
power to alter, amend or add to the charge or even frame a new
charge at any time before judgment is delivered.
• This is usually done upon discovery of any defect in the charge. See
section 154 and 155(1)ACJL, 216 (1) ACJA, 163 CPL, and 208
CPCL.
• WHO CAN AMEND CHAERGES?
 The person who drafted the charges can amend same where he
observes any defect on the charge sheet, he has the discretion to
amend the charge.
 In the south the law officers and police officers draft the charge and
can amend same.
 While in the North and the Federal Capital Territory Abuja, the
Magistrates and law officers drafts the charges and can amend same.
See section 216 ACJA, 162 CPL, 154 CPCL; see also NIGERIAN
AIRFORCE V. JAMES (2002)18 NWLR Pt. 798.
 The court before which the charge is brought can suo motu amend a
charge, where the charge upon which the defendant is to be tried is
defective. See section 216(4)ACJA,163 CPL 208 CPCL.
 See also GBOKO V. STATE(2007)17 NWLR PT. 1063 Pg. 272, also
STATE V. CHIEF MAGISTRATE MBAISE, EXPARTE ONUKWUE
(1978)LRN 316.
 Note, the new charge should continue the life of the original charge,
thus must bear same suit no, parties etc. See OKWECHIME V IGP
(1956)FSC 73
PROCEDURE FOR AMENDMENT.
 Amendment of a charge can be done before the defendant’s plea is
taken.
 Where the plea of the defendant has not been taken, an entirely new
charge may be substituted for the old one without the leave of court.
 The framer of the charge will simply inform the registrar of the court of
the substitution of the old charge with new one. This is applicable to
states where leave is not required.
75
 For instance, the trial before the magistrate in the south, as the
defendant has no knowledge of the charge against him and the
substitution will not prejudice the defendant.
 For the magistrate court in the North, it is the magistrate that drafts
the charges and simply gives directives for trial. The magistrate may
go beyond mere amendment and frame an entirely new charge.
 In a situation where the prosecutor seeks to amend the charge before
the defendant’s plea is taken in the high court of both in the CPL and
CPC states, the consent/leave of the judge is required. See 340(2)
CPL and185 (b)CPCL .
 It is difficult for the prosecutor to substitute the old charge with the
new charge, except if the new charge is supported by the proof of
evidence filed for the original charge.
 It is necessary to obtain a fresh consent/leave before the
charge/information is filed.
 Note, any pre trial amendment that substantially affects the original
charge requires the leave of the court or else the defendant may raise
an objection before taking his plea.
• AMENDMENT OF CHARGE AFTER THE DEFENDANT’S PLEA
HAS BEEN TAKEN.
 The framer of a charge, the trial judge or the magistrate in the North
who drafts the charge is at liberty to amend the charge where a
defect is noticed after the defendant’s plea is taken. See section
216(3)ACJA,162,163 CPL,154,155 ACJL 207,208 CPCL
• The law has not prescribed the need for formal application be made
before the amendment is made. Simply oral application may suffice.
See section 155(3) ACJL, See UGURU V. STATE (2002)9 NWLR
Pt. 771, pg. 90.
• Note, where amendment is made before the defendant enters his
plea, the court is not duty bound to comply with post amendment
requirements. But where the plea has been taken, the court is under
obligation to comply with post amendment requirement.
POST AMENDMENT REQUIREMENT.
• Procedure:
• Read and explain the new charge to the defendant.
 The amended charge has to be clearly read and explained to the
defendant in the language he understands and for the court to be
satisfied that the charge is well understood by the defendant. See
section 163 CPL, 208(2) CPCL 156 ACJL 216 (2)ACJA, SEE
76
YOUGMAN V. POLICE (1949) 4 FSC283; OKEGBU V. STATE

(1979) 11 SC. 1.
• The defendant is to enter a fresh plea on the amended
charge.
 The defendant at this stage is required to plead personally to the new
charge and not even through his counsel and its up to the court to
find out if he is ready to be tried on the new charge.
 See section 164 CPL, 208 (2)CPCL, 154 ACJL, 217 ACJA; See
also AMAKO V. STATE (1995)6 NWLR pt. 399, pg. 11.
 Adjournment:
If proceeding immediately with the trial will not prejudice the accused or the
prosecutor, the court may proceed with the trial as if the new charge had
been the original charge, but where it will prejudice either of the party the
court may adjourn the trial. See 156(2)(3) ACJL, 218 ACJA, 209, 210
CPCL, and 164(2)(3) CPL.
• CALL OR RECALL OF WITNESS(ES)
The prosecutor and the defendant shall be given the opportunity to call or
recall witness(es) who had testified in the case or further witnesses to
testify, limited to the new charge and shall be examined, cross examined
and reexamined.
• See section 165 CPL,211CPCL, 157 ACJL 219ACJA.
• Note, the court has the duty to inform the defendant of his rights if he
is not represented by a counsel, but where he has a counsel, it is
presumed the counsel knows what to do. See SHOAGA VR (1952)14
WACA 22.
• ENDORSEMENT
Where the charge is amended, a note of the amendment shall be endorsed
on the new charge and the amended charge will be substituted for the
original charge. See 164 (4) CPL, 156 (4) ACJL, 218 (2) ACJA, see also
C.O.P V ALAO (1959)WRNLR 39 ,AMAKO V STATE (1995)6NWLR PT
399pg 11 see C .O P v Alao (1959) WRNLR 39
EFFECT OF FAILURE TO COMPLY WITH POST AMENDMENT
PROCEDURE.
 Failure to read and explained to the defendant the amended charge
before his plea is taken will render the trial a nullity. See the case of
AYODELE V STATE (2011)6 NWLR Pt. 1243, pg. 309.
 Failure to avail the defendant reasonable time and facilities to
prepare for his defense by way of adjournment where need be may
vitiate the proceedings. See section 36 (6) b CFRN; See also
GOKPA Vs. IGP(1961)ALL NLR 432.
77
 Generally, failure to comply with post amendment procedure which

eventually occasions miscarriage of justice to the defendant will
vitiate the proceedings. See ECHEAZU V C.O.P(1974)2 SC 55.
QUESTION 1.
Anthony Baka, Samuel Doga and Michael Jagwa were former employees
of Mr Lanre shittu of 1, Churchgate street, Victoria Island, Lagos who were
sacked in February, 2019 by their employer Mr Lanre Shittu for laziness
and persistent lateness to work.
On the 11th of March 2019, the trio jointly agreed at No.10 Agbabiaka street
Ajegunle, Lagos to kill Mr. Lanre Shittu in his house. About three hours
before their planned attack, they decided to visit a local wine seller
(Ogogoro joint) at Obalende within the Lagos metropolis. While they were
busy enjoying their drinks, Michael Jagwa excused himself to visit the toilet
but sneaked into the house of his ex-girlfriend Tina Giwa that is situated
behind the Ogogoro joint and set the house ablaze completely. After that
he returned back to join his friends at the joint and they all proceeded to Mr
Lanre’s house.
Anthony Baka stabbed Mr Lanre with a jack knife on the chest and he died
instantly, while Michael jagwa and Samuel Doga took turn and had sexual
intercourse with Cynthia, Mr Lanre’s 12 years old daughter.
Two weeks after the incidence, they were apprehended by the police.
The Law; Criminal Code Laws of Lagos state
172. Any person who unlawfully assaults another is guilty of a
misdemenour, and is liable, if no greater punishment is provided to
imprisonment for one year.
233. Any person who conspires with any other person to kill any person,
whether such person is in the State or elsewhere, is guilty of a felony, and
is liable to imprisonment for fourteen years.
339(1) Any act which causes damage to public property or property of
another and which is done without his consent is unlawful, unless it is
authorized or justified or excused by law and it is immaterial If the person
did not know the property is public property or the property of another.
(2) when a lawful act which causes damages to property, is done with
intent to defraud any person, It becomes an unlawful act
(6) the term ‘damage’ used I relation to property includes loss, destruction
or alteration of property.
(7) A property is damage when the property has been rendered inoperative
or imperfect for the purpose for which the property was procured such as to
78
impose on the owner the need to expnd money or effort in restoring it to the
original state.
341. Any person who negligently causes fire to any of the things
mentioned in Section 339 of this Law is guilty of a felony and is liable to
imprisonment for seven years.
223. Subject to the provisions of any other Law, a person who commits the
offence of murder shall be sentenced to death.
260 (1) Any man who has unlawful sexual intercourse with a woman or girl,
without her consent, is guilty of the offence of rape and liable to
imprisonment for life.
Answer the following Questions
1. Assuming the Attorney General of Lagos has instructed you to draft a
charge for filing against them at the State High Court, draft the
charge(s)
2. Assuming the charge is defective what will be its effect upon
conviction?
3. In numbered paragraphs, set out the procedures for post amendment
of charges.
QUUESTION 2
Redraft this charge
IN THE MAGISTRATE COURT OF LAGOS STATE

IN THE IKEJA MAGISTERIAL DIVISION
HOLDEN AT LAGOS
CASE NO…………
BETWEEN
COMMISSIONER OF POLICE……………………………PLAINTIFF
AND
PETER OLASUKANMI……………………………………ACCUSED
Statement of offence;
Arson punishable under section 341 of the criminal code law of lagos State.
Particulars of offence;
That you, Peter Olasukanmi on the 5th of January 2019 at Obasanjo Street,
Ikeja Lagos in the Ikeja Magisterial division set ablaze the house of one
Akin Adelabu, causing damages to his properties and thereby committed
an offence of Arson
Dated this …………………….Day …………..2019

79
……………………………
Insp. John marshall
Investigating police Officer
State Police Command Lagos
QUESTION 3.
REDRAFT THIS CHARGE
IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ABUJA
CASE NO…..
BETWEEN
FEDERAL GOVERNMENT OF NIGERIA-----COMPLAINANT
AND
NELSON OKORO ……….......................................ACCUSED PERSON
DAUDA BALA
CHARGE 1
I, Justice Bola Sabo, judge of the Federal high Court hereby charge you
Nelson Okoro and Dauda Bala as follow;
That you Nelson okoro and Dauda Bala on 10th May 2020 at No. 2
Raskimono street in Apo within Abuja judicial Division of federal Capital
territory were found to be in possession of a hard drug know as Cocaine
contrary to section 11(b) of National Drug Law Enforcement Agency Act
2004
I herby direct that you be tried on he said charge by this court.
Being in Possession of hard drugs
Dated this …… day of……2020
…………………………
Lekan Ogunwale
Chief legal officer
For the Chairman
NDLEA.
QUESTION 4
Redraft this charge.
IN THE MAGISTRATE COURT OF FEDERAL CAPITAL TERITORY
IN THE ZUBA JUDICIAL DISTRICT
HOLDEN AT ABUJA
CASE NO…….
BETWEEN
COMMISSIONER OF POLICE…………………………………PETITIONER
80
AND
SALISU MAIKASUWA……………………………………………ACCUSED
Statement of offence
Abduction contrary to section 275 of the Penal Code law of Federal Capital
Territory Abuja.
Particulars of offence;
That you Salisu Maikasuwa on the 15th of February 2020 in the Zuba
judicial district abducted one Musa Abubakar and thereby committed an
offence of abduction punishable under section 275 of the Penal code law
of Federal Capital Territory Abuja. You are hereby charged by the Chief
Magistrate of Zuba, Mr Rilwanu Rotimi wth the above mentioned offence.
And I hereby direct you to take your plea.
Dated this …………………….Day …………..2020
……………………………
Investigating Police Officer
FCT Police Command
Garki II Abuja
Investigating P
81
(WEEK 10)
BAIL PENDING TRIAL
LECTURE CONTENTS
1. Nature and types of bail.
2. Power of the Magistrate court to grant bail;
3. How to apply for bail to the High Court after refusal by the Magistrate;
4. The procedure for bail application in the High Court;
5. Factors that govern grant of bail by the court;
6. . Terms/conditions upon which bail may be granted;
7. Revocation of bail;
8. Procedure for Remand Order application;
9. Grant of bail in Remand Order Proceedings;
10. Duration of Remand Orders under ACJA and ACJL;
11. Difference between Remand Order and Holding Charge;
12. Power of the Chief Judge to release Prisoners from Prison;
13. Power of the Chief Magistrate to inspect detention centres and grant
bail to suspects.
LECTURE OUTCOMES
1) Identify the nature and types of bail – bail by the police; bail by court
pending trial and; bail by court pending appeal;
2) Explain the methods of applying for bail;
3) Identify factors that govern grant of bail;
4) Explain the procedure for applying for bail after it has been refused by
the Magistrate;
5) Draft application for bail before the court;
6) Explain the terms and conditions upon which bail may be granted;
7) Identify the circumstances when bail may be revoked;
8) Distinguish between Remand Order and Holding Charge;
9) Explain the procedure for applying for Remand Order under ACJA
and ACJL;
10) Draft application for Remand Order;
11) Explain the procedure for obtaining bail in a remand Order
proceedings;
12) Explain the power of the Chief Judge to release Prisoners
under the Criminal Law (Release from Custody) Special Provisions
Act;
82
13) Explain the power of the Chief Magistrate to conduct inspection

of Police stations or other places of detention (not prison) within his
territorial jurisdiction and grant bail under section 34 ACJA;
14) Distinguish between the power of the Chief Judge to release
prisoners and power of the Chief Magistrate to grant bail to suspects.
DEFINITION OF BAIL PENDING TRIAL
• It is the temporary release of a Defendant from custody to sureties on
conditions given to ensure his attendance in court pending the
determination of the case.
• See Suleiman v COP (2008) 8 NWLR (Pt.1089)298 @ 322;
Onyebuchi v. FRN (2009) All FWLR (pt. 458) 341.
 Note that defendant may be granted bail without bringing a surety.
BAIL AND CONSTITUTIONAL RIGHTS
• Bail is a constitutional right of the Defendant because of his right to
personal liberty.
See s.35 1999 Constitution.
• To detain a suspect without arraignment beyond the time stipulated
by the constitution has been held to be unconstitutional.
See Danfulani v EFCC (2016)1 NWLR (Pt.1493)223 at 247.
• Suspect arrested for non capital offence should be arraigned in court
within 24hours or 48hours if there is no court within 40 kilometers
radius.
• See s.35 (1)(3)(4)(5)&(7) of 1999 Const; S.17 & 18 CPL; S.129 (1)
& 340 CPCL; S.30 (1) ACJA; S.17 (1)(2) ACJL.
• Note that in Eda v Police (1982) 3 NCLR 219, the court had declared
the provisions of S.17 of the CPL as well as S.27 Police Act as null
and void for being inconsistent with S.35 (4) &(5) of the 1999
Constitution.
• If the suspect is not released on bail within 24hours for commission of
a non capital offence, he should apply to court for release.
See s.32 (1) ACJA; S.18 (1) ACJL.
POWER OF THE COURT
TO GRANT BAIL
• All offences are bailable.
• The Court is vested with power to admit defendant to bail pending
trial.
See S.158 ACJA; S.115 (1) ACJL; S.340 (1) & 341 CPCL; S.118 (1) CPL.
• It is based on the discretion of the court which must be exercised
judicially and judiciously.
See Ukatu v COP (2001)FWLR (Pt.66)755.
83
NATURE OF THE OFFENCE

AND GRANT OF BAIL
• The grant of bail by the Court depends on the nature of the offence.
• See s.162-163 ACJA; S.118 CPL; S.341 CPCL; S.115 ACJL.
• Bail is not ordinarily granted in respect to persons accused of capital
offences.
• See S.341 (1) CPCL; S.161 (1) ACJA; S.115 (1) ACJL; S.118 (1)
CPL.
NATURE OF THE OFFENCE
AND GRANT OF BAIL
• The nature of the offence will determine the court with power to grant
bail.
See S.341 (1) CPCL; S.161 (1) ACJA; S.115 (1) ACJL; S.118 (1) CPL.
CAPITAL OFFENCES
AND GRANT OF BAIL
• Bail is not ordinarily granted in respect to persons accused of capital
offences.
See S.341 (1) CPCL; S.161 (1) ACJA; S.115 (1) ACJL; S.118 (1) CPL.
• Only in exceptional circumstances by the High Court. See s.161
(1)&(2) ACJA; S.118(1) CPL;115 (1) ACJL; S.341 (3) CPCL.
INSTANCES WHEN BAIL MAY BE GRANTED
IN CAPITAL OFFENCES
1. Ill health
2. Extraordinary delay in arraignment
3. Other exceptional circumstances as the court may hold.
See s.161 (2) (a-c) ACJA; S.341 (3) CPCL.
S. 341 CPCL
FACTORS TO CONSIDER BY THE COURT
FOR GRANT OF BAIL
1) Investigation of the offence not to be prejudiced,
2) Accused availability to stand trial;
3) That accused will not commit further offence if released;
4) That no reasonable grounds exist to believe that accused committed
the offence, though there is need for further inquiry.
CAN A MAGISTRATE COURT GRANT BAIL
IN CAPITAL OFFENCE?
• M. C cannot grant bail in capital offences.
See S.161 (1) ACJA; s.118(1) CPL;S.12 CPCL & Appendix A; S.115
ACJL.
84
 Magistrate may grant bail in cases it has no jurisdiction to try during a

remand proceedings.
See ss. 293 & 295 ACJA.
 QUERE: Does it extend to Capital offences?
GRANT OF BAIL IN FELONIES
OTHER THAN CAPITAL OFFENCE
• These are offences for which punishment is not below
3 years imprisonment term or more. See s.370 ACJL; S.494 ACJA.
• H.C and M.C are empowered to grant bail.
Ss.162 ACJA; 118(2) CPL; 115 (2) ACJL; 341 (2) CPCL.
• If punishment exceeds 3 years, bail may be refused in some
instances.
SUCH INSTANCES INCLUDE…
1. Where there is reasonable ground that the defendant if released on
bail may commit another offence.
2. Attempt to evade his trial.
3. Interfere with investigation/intimidate witnesses
4. Attempt to conceal/destroy evidence.
See s.162 (a-f) ACJA; 341 (2)(a-c) CPCL.
GRANT OF BAIL IN MISDEMEANOUR/SIMPLE OFFENCES
• Misdemeanour are offences for which punishment is not less than 6
months but less than 3 years.
• High Court and Magistrate Court are empowered to grant bail as a
matter of course.
See Ss.163 ACJA; 118(3) CPL; 115 (3) ACJL; 340 (2) CPCL.
FACTORS TO BE CONSIDERED
FOR GRANT OF BAIL
 In granting bail pursuant to s.35 Const., the Supreme Court has held
that the court must balance the interest of the individual citizen
against that of the larger society.
See Dokubo-Asari v FRN (2007) All FWLR (Pt.375)588.
 Note that bail is not to be refused as a form of punishment to the
defendant.
see Dogo v Commissioner of Police (1980) NCR 14.
FACTORS TO BE CONSIDERED
FOR GRANT OF BAIL
1. The Nature of the Offence and the Punishment Prescribed,
2. The Nature, Character and Quality of Evidence Against the Accused;
3. The Possibility of the Accused Interfering with further Investigation
and/or Prosecution of the Case if Granted Bail;
85
See Bamaiyi v State (2001)4 SCNJ 103.

4. The Prevalence of the Offence.
See Felix v. State (1978) LRN 308; Ajudua v. Federal Republic of
Nigeria (2005)All FWLR (pt. 246) 1274.
5. Detention for the protection of the Defendant.
See Nnogu v. State( 2002) FWLR (pt. 103) 482.
6. The Possibility of the Defendant Committing the Same or Similar
Offence while on Bail.
See R. vs. Jammal
7. The Criminal Record of the Accused,
See Eyu v. The State (1988) 2 NWLR (pt.78) 602; Ajudua v. FRN
(2005)All FWLR (Pt.246)1274.
8. Ill-Health.
See Ani v. State (2001)FWLR (Pt.81)1715; Abachav State (2002)
FWLR (Pt.118)1224.
9. The availability of the defendant to stand trial.
See Bamaiyi v State (2001)4 SCNJ 103.
APPLICANT RELYING ON ILL-HEALTH
TO ESTABLISH THE FOLLOWING…
1. That the ill-health may affect other inmates in the detention centre,
2. Convincing medical report by a specialist in that field of medicine in
support of the claim of the applicant;
3. That the ill-health cannot be managed by the medical unit in the clinic
as a result of inadequate medical facilities or expertise.
See Ofolue v Federal Republic of Nigeria (2005) 3 NWLR (Pt. 913)571.
CAN APPLICATION FOR BAIL
BE MADE ORALLY?
• Bail Application to court may be made orally or in writing.
See s.32 (3) ACJA; S.18 (3) ACJL; Abiola v FRN(1995)1 NWLR
(Pt.370)155.
 Note that whether it will be oral or in writing depends on the court
seised of the matter.
PROCEDURE FOR BAIL APPLICATION
AT THE MAGISTRATE COURT
• There is no procedure stated under any of the laws.
• The ACJA, ACJL, CPL, and CPCL are all silent on any procedure.
• It is usually made orally after the plea of the defendant, unless
otherwise directed by the presiding officer.
• This is the procedure applicable in all jurisdictions in Nigeria.
• See Dogo v COP (1980) 1 NCR 14.
86
PROCEDURE FOR BAIL

APPLICATION AT
THE high COURT IN THE SOUTH
• Application is by Summons
• Supported by affidavit, and
• Written address (requirement of practice).
See section 363 CPL;
Simidele v COP (1966) NMLR 116; State v Uwah (1976) 2 FNR 143.
PROCEDURE FOR BAIL APPLICATION AT
THE high COURT IN THE NORTH
• Application is by Motion on Notice
See Tanko v COP (1986)1 QLRN;
S.35 HCL Northern Nigeria.
THE high COURT IN LAGOS
But see section 262 ACJL;
Simidele v COP (1966) NMLR 116; State v Uwah (1976) 2 FNR 143.
THE high COURT IN FCT (ABUJA)
• Application is by Motion on Notice
See s. 492 (3) ACJA.
Tanko v COP (1986)1 QLRN;
THE FEDERAL HIGH COURT
See section 158 ACJA which empowers the court to grant bail without
providing specific procedure to bring the application.
THE NATIONAL INDUSTRIAL COURT
87

See section 158 ACJA which empowers the court to grant bail without
providing specific procedure to bring the application.
S.254F (1) & (2) 1999 Constitution as amended.
PROCEDURE FOR BAIL APPLICATION AT HIGH CRT AFTER
REFUSAL BY MAG CRT In the south & LAGOS
• Summons
• Affidavit in support of summons for bail
• Certified true copy of the charge sheet
• Certified true copy of the ruling of the lower court refusing the initial
application, and
• Note: it’s a fresh application, not an appeal.
See Simidele v COP; State v Uwah (1976) 2 FNR 143 SC; S.123 CPL;
S.119 ACJL; Ss.158 & 168(b) ACJA.
PROCEDURE FOR BAIL APPLICATION AT HIGH CRT AFTER
REFUSAL BY MAG CRT In the NORTH & FCT
• Motion on Notice/Summons
• Affidavit in support of summons for bail
• Certified true copy of the charge sheet
• Certified true copy of the ruling of the lower court refusing the initial
application, and
• Note: it’s a fresh application, not an appeal.
See. Achadu v State (1981) 1 NCR 16; S.342(1) CPCL; S.35 High Court
Law NN.
TERMS OF BAIL
• Terms and conditions of bail are used interchangeably.
• Essence of terms are to ensure attendance of the defendant to court
for his trial and not a hurdle.
• The terms must not be onerous but at court’s discretion.
See Ss. 165 (1) ACJA; 349 (1) CPCL; 120 CPL; 116 (1) ACJL. Dogo v
COP.
TERMS OF BAIL CONT’D
1. Defendant’s recognizance.
2. Defendant executing a bond.
3. Producing a surety to execute a bond in a specified sum. See S.122
CPL; 118(1) ACJL; 167 (1) ACJA;
4. Deposit of money in lieu of bond. S.116 (2) ACJL;
VARIATION/REVIEW OF BAIL TERMS
88
• A Judge of the High Court have the power to vary bail terms.
• Any court that grants bail, have the power to vary the terms.
See S.168 & 173 (2) (a) ACJA; s.344 CPCL; S.125 CPL; S. 120 ACJL.
PROCEDURE FOR VARIATION/REVIEW OF BAIL TERMS
• Motion on Notice/Summons
• Affidavit in support of motion/Summons
• Written address.
QUALIFICATION AS A SURETY
(A) Person of known address;
(B) Person of good character;
(C) Person acceptable to court.
(D) (Person of reasonable means of income).
ELIGIBILITY OF A WOMAN TO
STAND AS SURETY
• There is no law in Nigeria that prohibits a woman from standing
surety.
• Denial amounts to discrimination under s.42 (1)(a) 1999
Constitution.
• See s.167 (3) ACJA; s.118 (3) ACJL.
QUERE: Can a pregnant woman/woman in pudah be allowed to stand as a
surety?
BONDSPERSON
• The ACJA & ACJL provide for the registration and licensing of
persons or corporate bodies to act as bondsperson within the
jurisdiction of the court they are registered to operate.
See S.138 ACJL; S. 187 ACJA.
• Bondsperson enter recognizance, stand as surety, guarantee deposit
of money to the court within the jurisdiction of the court where they
are registered.
See S.187 (5) ACJA; s.138(5) ACJL.
APPOINTMENT OF BONDSPERSON
• The Chief Judge of the State appoints/registers bondsperson to
operate within the State jurisdictions where they are licensed to
operate.
See s.138 (1) ACJL 2015.
For FCT, the Chief Judge of the Federal High Court or Chief Judge of FCT
High Court appoints/registers bondspersons to operate in FCT.
See s. 187 (1) ACJA.
QUALIFICATION AS BONDSPERSON
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• For an individual, he must be of unquestionable character and

integrity.
• In the case of corporate organizations, the organization must be
composed of persons of unquestionable character and integrity.
• See S.187(6) ACJA; S.138 (6) ACJL.
PUNISHMENT FOR IMPERSONATING A BONDSPERSON
• Practicing as a bail bondsperson without registration is an offence.
See s.187 (3) ACJA; S.138 (3) ACJL.
• Note: The bonds entered by the bondsperson are tied to an amount
in a bank in the form of Bank guarantee deposited with the Chief
Judge.
See s.138 (6)(7) ACJL; S.187 (6)(7) ACJA.
POWER OF ARREST BY BONDSPERSON
• A defendant attempting to escape or avoid appearance in court may
be arrested by a bondsperson without warrant.
• Person arrested must be brought to court within 12 hours.
• Failure to produce the person in court within 12 hours, he should
hand him over to the Police.
• Police will produce the person before the court.
• See s.188 ACJA and S. 138 (8) ACJL.
REVOCATION OF BAIL
(INSTANCES)
1. Where a def. fails to appear in court (or a police station) on an
adjourned date without good cause, Bench warrant may be issued for
his arrest.
See S.184 ACJA; S.139 ACJL; S.143 CPL; S.355 CPCL.
 His bond and that of his surety may be forfeited after due notice to
them to show cause why the bond should not be forfeited.
Where a def. on bail by a Mag is indicted by a law officer for an offence not
bailable by a Mag court.
See S.132 CPL; 127(1) ACJL; s.169 & 175 ACJA;
3. Where surety applies to be discharged.
See s.177 ACJA; S.129 ACJL; S.134 CPL; S.351 CPCL.
Onyebuchi v. F.R.N (2009)All FWLR (Pt.458)341; Caleb v. F.R.N.
(2006) NWLR (Pt. 984) 103 at 115.
4. Where the surety dies.
See s.352 CPCL; S. 136 CPL; S.178 ACJA; S.130 ACJL.
WHAT HAPPENS TO A SURETY WHO FAILS TO PRODUCE A

DEFENDANT?
90
• Can the surety be arraigned?

See Christopher Ekwuazi v DPP (1999) 3 NWLR (Pt. 593) 31 CA; See s.
36 (8) Const.
“A charge against a surety for refusing to produce an accused person is not
known to law. In the instant case therefore, the prosecution of the appellant
is unconstitutional and therefore null and void.”
REMEDY TO THE STATE WHERE SURETY FAILS TO PRODUCE A

DEFENDANT?
1. Forfeiture of bond;
2. Imprisonment for failure to pay.
RECONSIDERATION OF BAIL
• A Defendant on bail may have his bail cancelled based on
circumstances or be required to execute higher bond.
See S.131 CPL; S.350 CPCL; S.169 ACJA; S.126 ACJL.
POWER OF THE MAG TO RELEASE DETAINEES ON BAIL FROM
DETENTION CENTRES
• The Chief Magistrate within the Police Division or a designated
Magistrate by the Chief Judge SHALL visit the Police station & other
places of detention every month to conduct inspection.
• See S.34 (1)ACJA.
• During the visit, he may call for and inspect the records of arrest and
direct the arraignment of suspect.
See S.34 (2) (a)(b) ACJA.
• During the visit, Magistrate may grant bail where appropriate to any
person detained where bail has been refused if he has jurisdiction.
See S.34 (2)(c) ACJA.
• During such visits records of arrest and bail, applications for bail
made within the period shall be made available to the Magistrate.
See s.34 (3)(a-c) ACJA.
• With respect to other Federal Government Agencies empowered to
make arrest, the High Court Judge having jurisdiction shall visit such
detention facilities for purposes provided in the section.
See S.34(4) ACJA.
PENALTY FOR REFUSING MAGISTRATE ACCESS TO RECORDS

• Failure by any officer to comply with the provisions of s.34(3) ACJA
shall be treated as a misconduct.
See s. S.34 (5) ACJA.
91
POWER OF THE CHIEF JUDGE TO RELEASE PRISONERS

• See Edwin Iloegbunam & Ors v. Richard Iloegbunam & Ors
(2001) 47 WRN 72 wherein the Court of Appeal had upheld the
constitutional validity of the Criminal Justice (Release from
Custody) (Special Provisions) Act 1977.
• Section 21 of the Nigerian Correctional Service Act, 2019, the
CJN, Justices of SC and CA, and the CJ of the states are among
prison visitors ex officio.
• Such release relates only to awaiting trial inmates.
• It relates also to those whose trial are on-going, but they have over
stayed the maximum years of imprisonment they could have served if
convicted.
• It does not relate to those already convicted and serving their
sentences.
See section 1 of the Criminal Justice (Release from Custody) (Special
Provisions) Act 1977.
REMAND ORDER PROCEEDINGS
 Any person arrested for an offence for which the magistrate has no
power to try shall within a reasonable time of arrest be brought before
a Magistrate Court for remand.
See S. 293(1) ACJA; s.264 (1) ACJL.
 Remand proceedings and orders has been held to be constitutional
by the Supreme Court.
See Lufadeju v Johnson (2007) All FWLR (871) 1532; (2007) 3 S.C (Pt.
II)134.
UNDER ACJA
• Application for remand order to the court is brought by way of an ex
parte application under ACJA.
See s.293(2) ACJA;
• The form for the application is as contained in Form 8 in the 1st
schedule to ACJA-293 (2) (a).
UNDER ACJL 2015 (LAGOS)
• In Lagos the procedure of bringing the application is by completing
The Request Form.
See Form K in the ACJL 2015 -264 (1) & (3).
92
FACTORS THE COURT WILL CONSIDER BEFORE REMAND ORDER

IS GRANTED
• The factors the court will consider before making the remand order is
listed in
• See S. 294(2) (a-d) ACJA; S.264 (4) ACJL.
GRANT OF BAIL IN REMAND ORDER PROCEEDINGS
• The request for a remand order must be in writing.
• The Court may in a remand application grant bail.
See s.295 ACJA; S. 264 (5) ACJL.
LIFE SPAN OF REMAND ORDER
UNDER ACJA 2015
• It is 14 days in the first instance.
• It is renewable for another 14 days upon good cause shown.
See S.296 (1) & (2) ACJA.
 At the expiration of 2nd renewal, if suspect is still in custody the
Magistrate will issue hearing notice to IGP, COP & AGF to inquire as
to the position of the case and for them to show cause why the
suspect should not be released and adjourn for another 14 days.
See s.296 (4) ACJL.
• Under ACJA, if suspect is still in custody at the expiration of the two
period court may grant him bail upon his application.
S.296 (3) ACJA.
• Upon good cause shown it may be extended for a final period of 14
days.
See s.296 (5) (a) ACJA.
• Where good cause is not shown upon the expiration of the 2nd
renewal, or final period, the court shall with or without an application
to that effect discharge the suspect who shall be immediately
released from custody.
See s.296 (6) ACJA.
• The proceedings in s.296 (6) shall be a bar to any other remand
proceedings in any court.
See s.296 (7) ACJA.
LIFE SPAN OF REMAND ORDER
UNDER ACJl 2015 (LAGOS)
• Under ACJL it is 30 days in the first instance.
• Upon expiration, Magistrate shall order release of the person unless
good cause shown for renewal for 1 month.
See S.264 (6) ACJL.
93
 At the expiration of 2nd renewal, if suspect is still in custody the

Magistrate will issue hearing notice to COP & DPP to inquire as to the
position of the case and for them to show cause why the suspect
should not be released.
See s.264 (7) ACJL.
 The court may renew the order if satisfied with the reasons given for
a final period.
See s.264 (8) ACJL;
REMAND ORDER UNDER CPCL
• There appears to be a provision for remand order under CPCL.
See sections 129 and 255 (2) CPCL.
• At the 1st instance the defendant is to be remanded for 15 days.
• For good cause shown the order may be extended for another 15
days.
CONCEPT OF HOLDING CHARGE
• The Concept of holding charge is a procedure whereby the Police
arraigns a defendant in a Magistrate Court on a charge for an offence
of which the Magistrate court lacks jurisdiction to entertain.
• The essence is to guard against the breach of section 35 (4) & (5)
1999 Constitution.
• The court will not take the plea of the defendant but will make an
order for the person to be remanded in Correctional Centre pending
when a formal charge will be filed in court with jurisdiction.
• Once the order is made the defendant will be dumped in the
Correctional Centre for months or years without arraignment under
awaiting trial.
LEGALITY OF HOLDING CHARGE
• The Supreme Court in Lufadaju v Johnson (2007) 3 S.C (Pt. II) 134
held that holding charge is illegal.
• See the following cases on holding charge:
Onagoruwa v. State (1992) 2 NWLR (Pt. 221) 33 at 54 (SC).
Shagari v. COP & ors (2005) All FWLR (Pt. 262) 450.
Jimoh v. C.O.P(2004) 17 NWLR (Pt. 902) 389.
QUESTIONS
Bolanke Manitoba Scenario on bail
th
On the 10 day of September 2019 a gang of armed robbers numbering
about six armed with firearms invaded Muson International Supermarket
at No 10 Awolowo Road, Victoria Island Lagos and stole at gun point from
the supermarket till the sum of two million Naira and carted away two
94
Samsung curved Large screen televisions worth two million and five
hundred thousand naira only. The names of the armed robbers are
Bolanke Manitoba, Kamanga Zaki, Fakinama Abunga, Zampari Bungu,
Brutus Saforova and Yansinbe Cantona.
Security personnel in the adjoining building observed the irregular
movement in the supermarket and alerted the police. Exchange of gunfire
ensued when the police arrived before the robbers ran away leaving their
injured colleague Zampari Bungu behind. The police carried him to the
hospital for medical attention. After two weeks at the hospital he
recovered and was immediately arrested and taken to the Alagbon
Division of the Nigerian Police, Lagos Island where he was detained for
questioning and prosecution. After five days of mental torture which
includes regularly hanging him in a ceiling fan in the interrogation room,
throwing him into a tank full of water for five minutes daily and denying
him food regularly, he eventually gave information that led to the arrest of
the other gang members after one month.
The father of Zampari Bungu employed the services of a lawyer Burukutu
Henry who was called to the Bar on 21st November 2018 to apply for his
son’s bail at the police station. When he visited his client at the station he
gave two thousand naira to the constable in the counter to assist in buying
tissue paper in order to secure access to see his client. He also informed
the constable that he will settle him if he facilitates his client’s release on
bail and that he is ready to act as surety. He was eventually retained by
the other accused persons as their counsel. He submitted their bail
application to the Divisional Police Officer but his application was refused
more particularly that it was a woman (the mother of Zampari Bungu) who
was presented as a surety and that the offence is unbailable.
Curiously, the Police brought an application via motion on notice to the
High Court Igbosere, Lagos for remand requesting for a period of two
months pending completion of investigation and it was granted despite
opposition by the defence lawyer. The counsel two days after the grant of
the remand order filed an application in court for enforcement of his
client’s fundamental rights. Zampari Bungu while in detention developed
pneumonia as a result of constant exposure to cold and has become
hypertensive. Bolanke Manitoba is an out-patient at the Lagos State
University Teaching Hospital as he is suffering from tuberculosis and
cardiopathy whilst others have developed severe heart burn and acute
ulcer.
Answer the following questions as counsel to the accused persons:
95
1. Draft an application for Police bail on behalf of the suspects at

the Police Station as their counsel Burukutu Henry.
2. Draft the bail application for Zampari Bungu and Bolanke
Manitoba to be filed at the Lagos State High Court with the
supporting affidavit of not more than 7 paragraphs excluding
the written address.
3. Assuming the scenario is in the FCT draft the bail application
for Zampari Bungu and Bolanke Manitoba to be filed at the
Federal Capital Territory, Abuja, Maitama High Court without
the supporting affidavit and written address.
4. Assuming the defendants were brought for arraignment at the
Magistrate Court Igbosere and the Police applied for their
remand orally in Prison custody pending completion of
investigation, what would be your reaction as counsel?
5. Comment on the propriety or otherwise of the remand order
application brought by the Police before the High Court.
6. Comment with the aid of decided cases on the reasons given
by the Police for refusing them bail.
7. Assuming the scenario revolves around incidents of stealing
and your bail application was filed at the Magistrate’s Court
Igbosere, Lagos but it was refused, draft a subsequent
application to be filed at the High Court for all the accused
persons.
8. Comment on the ethical issue (s) if any, based on the conduct
of the Legal Practitioner at the Police Station.
9. Comment on the propriety or otherwise of the procedure used
by the Police in bringing the application for remand in the court
in the scenario.
10. Comment on the propriety or otherwise of the application
for enforcement of fundamental human rights brought by the
defence counsel two days after the remand order was granted.
96
WEEK 11
CONSTITUTIONAL SAFEGUARDS TO ENSURE FAIR TRIAL OF AN
ACCUSED PERSON.
OUTCOMES
• DISCUSS THE CONSTITUTIONAL AND STATUTORY
PROVISIONS SAFEGUARDING THE RIGHTS OF AN ACCUSED
PERSON IN A CRIMINAL TRIAL
• DISCUSS THE LIMITS OF THOSE RIGHTS
• Right to be informed of the crime alleged
• Right to fair hearing
• Presumption of innocence
• Right to adequate time and facilities for defence
• Right to counsel
• Right to be tried only for an offence known to law
• Right to silence
• Right to one trial for an offence
• Right against trial upon a retroactive legislation
• Right against trial for an offence for which the accused has been
pardoned
• Right to examine witnesses called by the prosecution
• Right to interpreter
INTRODUCTION
• It is essential that a person standing trial for a criminal offence where
usually his/her liberty and sometimes life is at stake be afforded
adequate protection to ensure that (s)he is given a fair trial.
Therefore, there exist constitutional and statutory safeguards which
ensures that (s)he gets a fair trial.
Right to be Informed of the Crime Alleged at the Beginning of the
Trial.
S.36(6)(a) CFRN 1999-
Every person charged with a criminal offence shall be entitled to be
informed in a language he understands and in detail, nature of offence.
• Note that S. 35(3) is the requirement for information at arrest,
S.36(6)(a) at trial.
• Charge must be clear and unambigous.
• Must be read and explained in a language that accused understands.
• Note the duty of the Judge or Magistrate and the requirement of
satisfaction of the court.
• Whenever a charge is amended, this procedure must be repeated.
97
• However note the circumstance and provisions of S 179 CPL; 217

CPCL; 166 ACJL & 230 ACJA
• Need for strict compliance with the rule against ambiguity and other
rules in drafting charges.
• Ethical responsibilities of Counsel and Court at this stage.
Right to Fair Hearing
S.36(4)CFRN- Whenever any person is charged with a criminal offence, he
shall be entitled to a fair hearing in public within a reasonable time.
• However, note provisos(a) and(b) in relation to publicity of criminal
trials.
ESSENTIAL ELEMENTS OF FAIR HEARING
• Easy access to the Courts.
• Fair hearing (natural justice) is encapsulated under 2 latin maxim-
• Audi alterem partem & nemo judex in causa sua
• For it to be said that an accused person has been given fair hearing,
it is fundamental for these two principle to be been observed
Audi alterem partem
• The right and opportunity to be heard. - NBA v Akintokun (2006)
All FWLR (pt. 333) p. 1720; Odessa v F.R.N (2005) All FWLR (pt.
282) p. 2010
• The fact here is not whether or not justice has been done but rather
whether a party entitled to be heard has been given the opportunity to
be heard.
• Where a conviction is challenged on the ground that it was a speedy
trial, it must be shown that the speedy trial has adversely affected or
was prejudicial to the case.
• No inordinate delay in delivering judgment- Effiom v. State(1995)1
NWLR (pt 373)507 at 576- here the court considers the length of
time, the reason for the delay, whether it was prejudicial to the
defendant and whether it occasioned a miscarriage of justice
nemo judex in causa sua
• Justice must not only be done but seen to be done;

• The impartiality of the adjudicating process especially that of forum
competence.
• What the appellate court looks at here is not the real likelihood of
bias; but the impression to a bye stander- Garba v University of
Maiduguri (1986) 1 NSCC p. 245;Sogbesan v Chief of Naval Staff
(2015) All FWLR (pt. 803 p. 1918 @ 1968
98
• Adhering to the principle of nemo judex in causa sua. Query- Is

there breach in contempt trial?
• Any act or conduct on the part of prosecution or defence
counsel which affects the fairness of the prosecution or defence
of the accused is also capable of breaching the rule relating to
fair trial. See Udofia v. The State (1988)7SC(pt. 2) p. 59 at 63;
Akande v. The State (1988)7 SC(pt.2) p.113 at 124.
• Once an appellate Court comes to the conclusion that a party who is
entitled to be heard before a decision was reached was deprived of
the opportunity of being heard, the judgment or Order is bound to be
reversed. See Bamaiyi v. The State (2001) 4 SC (pt.1) p. 18 @ 24-
25.
Right to Presumption of Innocence.
S.36(5)- Presumed innocent until the contrary is proved-
See Garba v University of Maiduguri (supra); Ikhazuagbe v C.O.P
(2005) All FWLR (pt. 266) p. 1323; Agbiti v Nig. Navy (2011) All FWLR
(pt. 570) p. 1223;
• Presumption- irrespective of offence.
• Note however, it is not absolute
• Although the burden of proof does not shift but once the prosecution
has put enough proof, the defendant is called upon not to prove his
innocence but to disprove the allegation- Chukwu v State(2007) All
FWLR (pt. 389) p. 1224
• But note the instances where the Law imposes upon any such person
the burden of proving particular facts- proviso to S 36(5) CFRN; S
135 E.A;
Right to Adequate Time and Facilities for Defence
. S.36(6)(b) CFRN 1999.
*INCLUDE RIGHT TO
-Serving the defendant with the proof of evidence- Okoye v. C.O.P. (2015)
4-5 SC (pt. 1) p. 101; Uwazurike v. F.R.N (2009) All FWLR (pt. 489) p.
549
-REASONABLE ADJOURNMENT
*ADJOURNMENT IS AT DISCRETION OF COURT-
*CONTRAST- Shemfe V C.O.P. (1962) NNLR p.87 & Gokpa V I.G.P.
((1961) All NLR 423
*NOTE CAPITAL OFFENCES-Udo V State (1988) 1 NSCC (pt. 19) p.
1163 @ 1172
Right to Counsel
S.36(6)(c)- Defend himself in person or by Legal Practitioner of his choice.
99
.Also S. 211 CPL; 209 ACJL; 267 &349 (6) ACJA

UZODINMA V COP (1982) 1 NCR 27
• Must be represented by Counsel in capital cases.
• JOSIAH V THE STATE ((1985) NWLR (pt. 1) p. 125
• LEGAL AID COUNCIL
Right to Examine Witnesses Called by the Prosecution
. S.36(6)(d)CFRN. An accused under this right can examine witnesses in
person or by his Counsel. He can also obtain the attendance and examine
his own witnesses on same conditions as applicable to Prosecution
witnesses.
The court should not take over the case of the prosecution, otherwise it
would amount to breach of fair hearing-TULU V BAUCHI NATIVE
AUTHORITY (1965) NMLR p. 343; IDRISU V THE STATE (1967) 1 All
NLR p. 32
Equally he must be allowed to call witness(es)-
Right To Interpreter
. S.36(6)(e)CFRN. Entitled to have, without payment, the assistance of an
interpreter if he cannot understand the language used at the trial.
It is the duty of the accused/counsel to promptly inform the court that he
does not understand the language of the court which is English language or
the language of the witness(es)
DUTY ON DEFENDANT/COUNSEL- WHEN FAILURE TO SUPPLY AN
INTERPRETER WILL BE TREATED AS A MATTER OF PROCEDURE-
Queen v Eguabor (1962) 1 All NLR p. 287; Bayo v. F.R.N (2008) All
FWLR (pt. 428) p. 308
• Interpreter must be competent. Ajayi v. Zaria NA.
• Note State v Gwonto- S.36(11) 1999 CFRN
• Not compelled to give evidence at trial. Competent, not compellable-
S 180 EA;
• 287 CPL; 236 CPCL; 240 ACJL
• NOTE S. 181 EA
100
(week 12)
CONSTITUTIONAL SAFEGUARDS II
Right to be Tried only for an Offence Known to Law
– S. 36(12) 1999 CFRN.
• Aoko v. Fagbemi (1961)1 All NLR p. 400 – Charged, tried and
convicted for adultery in the south. Conviction quashed.
• A-G Fed v. Isong (1986) 1 QLRN p. 75 – No penalty section,
Unlawful possession of firearms and ammunition.
• Offence must be defined in a written law, which also prescribes the
penalty for the offence.
• It is important to note that the offence must be one known to law as
at the time of commission
• See the cases of Olieh v F.R.N. (2005) All FWLR (pt. 281) p. 1746;
George v F.R.N (2014) All FWLR (pt. 718) p. 879; Oladimeji v
State (2002) FWLR (pt. 131) p. 2004
Right to Silence
- S.36(11) 1999 CFRN
• Not compelled to give evidence at trial. Competent, not compellable-
S 180 EA;
• 287 CPL; 236 CPCL; 240 ACJL
• NOTE S. 181 EA
• Prosecutor can comment but the comment must not suggest the guilt
of the accused.
• Court may draw such inferences as it deems just. Sugh v. The State;
Garba v State (1997) 35 SCNJ p. 68
• Accused can decide to exercise this right when called upon to open
his defence. However, where he elects not to give evidence he must
accept the responsibility for his action as inferred from his own
conduct in the prevailing circumstances- Mbang v State (2007) All
FWLR (pt. 372) p. 1862
• The accused needs to be cautious when exercising this right,
especially where an explanation from him could make a difference-
Igabele v State (2006)All FWLR (pt. 311) p. 1797
Right to One Trial for One Offence

• S. 36(9)CFRN, 181 CPL,223 CPC, 173 ACJL & 238 ACJA.
• Prohibition of double jeopardy- Can plead autre fois acquit or convict .
R v. Jinadu
101
• Note the proviso- Order of Superior Court, Court Martial.

• See Chief of Air Staff v. Iyen (2005) All FWLR (pt. 252) p. 404
Essential Elements of the Plea-

• First trial must have been on a criminal charge- R v. Jinadu (1948)
12 W.A.C.A. p. 368
• Must be by a court of competent jurisdiction- R v. Hodge; Chief of
Air Staff v Iyen (supra)
• Must have ended with conviction or acquittal;
• Must be same offence or one he could have been convicted of
earlier, although he was not charged with it.
• Note where he fails to prove each of these elements, the plea cannot
avail him- FRN v. Nwosu (2016) 17 NWLR (pt. 1541) p. 226 @294-
295
Right against Trial upon a Retroactive Legislation

-S.36(8).
• Shall not be convicted for acts or omissions that did not constitute a
crime at time of commission.
• See Egunjobi v. F.R.N. (2002) FWLR pt. 103 p. 896
• Also no penalty or higher penalty than one in force at commission.
Right against Trial for an Offence for Which Accused has been
Pardoned-
Ss. 36(10)CFRN, 175 & 212 CFRN; 211(1)(b) CPA;
Falae v. Obasanjo No.2-
A pardon can be said to be an act of grace that erases/wipes clean the
slate of the convict.
A convict who wishes to raise this plea must produce an instrument of
pardon. Cf autrfois acquit; convict; amnesty.
Note also Nig. Army v. Brig. General Aminu Kano (2010) All FWLR (pt.
523) p. 1805
QUESTIONS
Mr Deyinde Adams was arrested on an allegation of armed robbery and
rape for which he was subsequently arraigned before the Federal High
Court, Kano on 19th December 2019. During the arraignment, the
prosecution informed the court that there was no need to read the charges
to the defendant as same has already been read to him at the police
station. When asked by the trial judge if he wants to continue, the
102
defendant informed the trial Judge that he does not understand English
only Yoruba and the court told him that there was nobody on ground to
interpret for him and considering the fact that he intends to round up the
matter in 2 (two) days as he was going on leave on 22nd December 2019,
there was no time to waste and then asked the prosecution to open their
case.
The prosecution called 6 witnesses and when asked to cross examine
them, the defendant applied that he would like an adjournment to engage
the services of a counsel. The learned trial judge angrily informed him that
he should have thought well to do that before the arraignment. The Judge
then went on to thoroughly cross-examine the witnesses on behalf of the
defendant. Mr Lulu Dengi, a legal practitioner with the Legal Aid Council
who happened to enter into the court while the medical doctor was giving
evidence and seeing the turn the matter was taking immediately stood up
and informed the Judge that he would be interested in representing the
defendant. He equally applied for an adjournment to enable him study the
case and cross-examine the medical doctor but the court refused the
application.
On 21st December, 2019, after the prosecution closed their case, the trial
judge called on the defendant to open his defence but he chose to say
nothing. The prosecution thereupon informed the court that “of course, he
cannot say anything since it is obvious that he is guilty as charged, my Lord
we implore you without wasting further time to convict him and send him to
the gallows”. The trial judge thereupon duly convicted him.
Answer the following, using relevant statutory and judicial
authorities:
a) Comment on the propriety or otherwise of the request by the
prosecution not to read the charge as same has been read to the
defendant at the police station
b) Comment on the request of the defendant for an interpreter and the
reply of the learned judge with regards thereto
c) Comment on the refusal of the trial judge for an adjournment sought
by the defendant
d) Comment on the propriety or otherwise of the trial judge conducting
the cross-examination
e) Comment on the propriety or otherwise of the refusal of the trial judge
to the adjournment sought by Mr. Dengi
f) Comment on the propriety or otherwise of the silence of the
defendant in this case
103
g) Comment on the propriety or otherwise of the comment made by the

prosecution as to the guilt of the defendant
h) Assuming the defendant is subsequently arraigned before the High
court of Justice, Kano for the offence of robbery and sexual assault,
can he raise the bar plea. Give reasons
i) What are the elements to be proved for a person to successfully raise
a bar plea
j) Assuming during the course of trial, the Kano State House of
Assembly due to the spike in rape cases amended the Penal Code
and increased the punishment to include castration, would the
learned judge be right to subsequently impose the said punishment?
Give reasons.
104
(WEEK 13)
TRIAL PART I
ATTENDANCE OF PARTIES AND ARRAIGNMENT
OUTCOMES:
• Effects of absence of accused or his counsel, complainant and vital
witnesses at trial;
• Explain the duties and roles of court registrar, judge and counsel in
criminal trials;
• Conduct a valid arraignment;
• Explain options open to an accused person upon arraignment;
• Explain the meaning and procedure for plea bargaining.
What is trial?
• A judicial examination and determination of the disputing issues
between the parties in accordance with the law.
• A full criminal trial will take us through the following processes:
• Preliminary issues to filing of case in court,
• Arraignment,
• Examination-in-chief of witnesses,
• Cross examination,
• Re-examination,
• Tendering of exhibits,
• Address of counsel,
• Judgment, Allocutus, Sentence and Appeals.
• However, in Trial Part I, we will only consider Attendance of Parties
and Arraignment.
PRELIMINARIES TO TRIAL:
• SITTINGS OF COURT:
- Courts sits 9:00am and rises when the business for the day is concluded.
- Mon – Sat are juridical days.
• In Lagos Mag Court, Mon – Fri are juridical days. See S. 40(1)
MCL(L) 2009.
• However, in every Magisterial District, a designated Magistrate must
sit on Saturdays to consider remand cases, bail and non-custodial
matters including fresh/ overnight cases.
• Sunday and Public holiday are non-juridical days.
• Court can only sit on juridical days.
• However, with the agreement of parties and counsel, court may sit on
non-juridical day. Ososanmi v. COP (1952) 14 WACA 24.
• PRESENCE OF PARTIES AT TRIAL:
105
1. Accused/Defendant: His attendance in court is mandatory from

arraignment to sentence. See- s. 210 CPL, s.153 CPCL, s. 208 ACJL, and
s. 352 (1) ACJA.
• See- Adeoye v. State (1999) 6 NWLR(Pt.605) 74. The Supreme
Court held that accused must be present throughout his trial.
• EXCEPTIONS- there are exceptions to the general rule that the
accused/defendant must be present in court always:
• i.) Where the accused/defendant is interrupting the proceedings in
order to make his trial impossible. See- s. 210 CPL, s.153 CPCL, s.
208 ACJL, s. 266(a) ACJA
• ii.) Under s.100 CPL and s.154(3) CPCL, where summons is issued
to an accused/defendant for an offence, the penalty of which does not
exceed N100 fine or six months imprisonment or both and the
accused/defendant has pleaded guilty in writing or so pleads by his
legal practitioner.
• Note that under s.135(1) (a) and(b) ACJA, the offence must not carry
more than N10,000 fine or six months imprisonment.
• iii.) Where the court suspects the accused/defendant to be of
unsound mind and he stands mute before the court. See s. 223(2)
CPL, s. 320(2) CPCL, s. 217(2) ACJL and s. 278(2) ACJA.
• iv.) Where the accused who is enjoying bail absented himself from
proceedings on more than two adjournments without reasonable
explanation, the court shall continue with the trial in his absence. See
s. 352(4) ACJA.
• Note that under s.352(5) ACJA, the court shall impose a sentence
only when the defendant is arrested or surrenders to the custody of
the court. The court will not impose sentence in the absence of the
defendant.
• v.) Where an interlocutory application is to be heard, the defendant
need not be present in court. See s. 266(b) ACJA.
• 2. COMPLAINANT- If the complainant on the date the case is set
down for hearing is absent in court, the court may dismiss the
complaint and discharge the accused. Ss.280- 282 CPL, s.165 CPCL
and s.236 ACJL.
• 3.) Where both the accused/defendant and the complainant are
absent, the court may take any of the following steps:
• i.) Issue a bench warrant against the accused/defendant for his
arrest;
• ii.) Order the complainant to be present in court at the next sitting of
the court;
106
• iii.) Issue summons or hearing notice on parties and accused

sureties.
Where a material/vital witness is absent in court.
• The case will be adjourned to another day on the application of the
party calling the witness and upon satisfying the court that the
absence of the witness is not deliberate.
• The court may compel attendance of witnesses in court through:
i)Witness summons – Invitation by court to witness to testify in court.
The other processes like subpoena is resorted to where the witness failed
to appear in court by witness summons. There are two types of
subpoena:
ii) Subpoenaduces tecum – be in court to tender document only. Will not
be cross examined.
iii) Subpoenaad tetificandum – be in court to give evidence and tender
documents, will be cross examined.
Appearances in court:
• The prosecution is to announce appearances first,
• Thereafter, counsel to the accused/defendant is to announce
appearance.
Capital Offences:
• There is mandatory legal representation for capital offenders – See
s.352 CPL, s.186 CPCL, s.263 ACJL and s.349(6)(b) ACJA. Josiah v.
State (1985) 1 SC 406, Udofia v. State (1988) 7 SCNJ 118, s. 36(4)
Constitution, Adeoye v. The State (supra).
Roles of Prosecution, Defence, Registrar and Judge:
• Prosecution- to assemble facts, compile the proof of evidence,
materials and exhibits relevant to the case for filing in court;
• To obtain leave where required to file case in court;
• To interview witnesses and prepare them for trial;
• Be a prosecutor not a persecutor- Rule 37(4) RPC;
• Be fair and impartial;
• Not to withhold the existence of adverse facts or court decisions
favourable to the accused/defence- Dariye v. FRN [2015] 10 NWLR
(Pt. 1467) 325 at 355;
• Make available to the accused/defendant evidence favourable to him-
The State v. Odofin Bello [1967] NMLR 1;
• Defence counsel- right of access to client in custody;
• Defend the accused diligently;
107
• Not to return the brief of the accused/defendant charged with capital

offence. Rule 24 RPC, (Cab rank rule), R v. Uzorukwu [1958] 3 FSC
14;
• He should not reveal the secret of his client- Rules 19(2) and 21(1)
RPC.
• He should not be a witness in a case in which he is handling. He
should not personally depose to affidavits.
• He should not conjure facts or manufacture evidence.
• He should prepare adequately for the case.
• Be in court always.
• Registrar- Prepare a cause list
• keep courts file and records;
• Accept documents for filing;
• Ensure all documents and processes are served and brought to the
attention of the Judge on the day of trial;
• Prepare records of court proceedings and make same available to
parties;
• To interpret proceedings or arrange for interpreters;
• He is to administer oaths/affirmation on witnesses,
• He is to read the charge, receives and mark exhibits and keep the
exhibits,
• When death sentence is passed, he is to ensure that a certificate of
death is issued and signed by the judge for onward transmission to
the authorities concerned.
• Judge- not to descend into the arena of conflicts. Akinfe v. State
[1988] 3 NWLR (Pt. 85) 729.
• Not to be partial but be fair to all. Mohammed v. Nigerian Army
[1998] 7 NWLR (Pt. 557) 232.
• Not to be a “hippy harliet”- Okoduwa v. The State [1988] 2 NWLR
(Pt. 76) 333.
• Allow the accused to enjoy the benefit of doubt as to his guilt –
Onuoha v.The State [1989] 2 NWLR (Pt. 101) 23.
COMMENCEMENT OF TRIAL
• ARRAIGNMENT – S. 215 CPL; Ss. 161,187 CPCL; S. 211 ACJL &
S. 271(2) ACJA.
• The prosecutor files the charge at the registry of court and request for
leave.(where required).
• The accused is brought before the court unfettered.
• The registrar calls the case for hearing.
108
• The accused/defendant is required to proceed to the dock once his

name is called.
• The accused/defendant shall be placed before the court unfettered.
• The Registrar shall read out and explain the information/Charge to
the accused/defendant and to the satisfaction of the court.
• The accused/defendant is required to plead instantly to the
charge/information.
• Counsel to the accused/defendant cannot enter a plea for and on
behalf of his client. R v. Pepple 12 WACA 441.
• Where the charge/information is not read and explained to the
accused/defendant and his plea taken, the trial is a nullity. IGP v.
Rosseck [1958] LLR 73 Kajubo v. The State [1988] 3 SCNJ (Pt. 1)
79, Udo v. The State, Imam v. FRN [2019] 8 NWLR (Pt.1674) 197
SC, s. 215 CPL, s. 187(1) CPCL, s. 211 ACJL, s. 271 ACJA
• The court shall record the plea entered by the accused/defendant.
See s. 271(3) ACJA, Edu v. The State [1986] 5 NWLR (Pt. 42) 530.
• Where several accused persons/defendants are charge before the
Court, each accused/defendant must enter his plea personally to the
charge/information. Adamu v. The State [1986] 3 NWLR (Pt.32)
865.
• Where several allegations are made against the accused/defendant
in a charge/ information, each count/charge shall be read to him and
his plea taken. Ayinde v. The State [1980 2 NCR 242.
• Where the accused/defendant failed to plead to the charge read to
him or stands mute, the court shall record a plea of not guilty for him
or conduct investigation to determine the cause of muteness –
whether it is of malice or an act of God. See s. 220 CPL, s.188
CPCL, s. 217 ACJL and Ss. 276(1) & (3), 278(1) & (2) ACJA.
• If the accused/defendant’s muteness is out of malice, the court shall
record a plea of not guilty for him and the trial shall continue. See- s.
215 ACJL and s. 276(3) ACJA, Gaji v. The State [1975] 5 SC 61,
Yesufu v. The State [1972] 12 SC 143.
• Where the accused/defendant’s muteness is not of malice but
visitation of God, his trial shall be suspended and the
accused/defendant released on bail or detained in an asylum. See
Ss. 223 & 224 CPL, Ss.320 & 321 CPCL, s. 219 ACJL and s.
276(4) ACJA. Karimu v. The State [1989] 1 NWLR (Pt. 96) 124,
Adams v. DPP [1966] 1 ALL NLR 13.
109
• The accused/defendant may be examined medically to determine his

mental state or state of mind to enable the court decide whether he
can stand trial. S. 278(1) ACJA, s. 219(2) ACJL.
• If the accused/defendant is deaf or dumb, the court shall obtain his
plea in a manner understood by him, by using sign language, lip
reading or writing.
• Where a charge/information is read to an accused/defendant, instead
of entering his plea to the charge/information, he may raise
preliminary objection(s) to the charge/information (if any) or to the
jurisdiction of court. See s. 167 CPL. However, s. 221 ACJA
provides that objections shall not be taken or entertained during
proceedings on the ground of imperfect or erroneous charge. See
also s. 158 ACJL and s. 206 CPCL.
• Where objection is raised to the validity of the charge after plea is
taken, the ruling shall be delivered at the time judgment is to be
delivered. See s. 396(2) ACJA
• OBJECTION TO THE JURISDICTION OF THE COURT- where
objection to jurisdiction is raised, the court may rule on it before
continuing with the trial.
Types:
- Statute barred,
- Pardon,
- Double trial- Autre fois acquit or autre fois convict.
Types of plea the accused may enter:

• Refusal to plea,
• Plea of pardon,
• Plea of autrefois acquit or autrefois convict,
• Plea of guilty,
• Plea of not guilty,
• Plea of not guilty by reason of insanity,
• Plea bargain.
REFUSAL TO PLEAD
• See s. 215 ACJL; s.220 CPL; s. 188 CPCL s. 276(1) & (3) ACJA
• Where the accused refused to plead, the court should inquire to find
out the reason, whether the muteness is out of malice or visitation of
God. If the court finds that the muteness is out of malice, the court
should record a plea of not guilty and the trial should proceed.
110
• If the muteness is as a result of visitation of God (unsoundness of

mind), the accused/defendant will be detained at Governor’s pleasure
until the visitation is over and the accused can stand his trial. The
accused may also be granted bail to enable his guardian take
adequate madical care of him.
PLEA OF PARDON
• The President or Governor of a State may grant pardon to any person
concerned with or convicted of an offence. See Ss. 36(10), 175 &
212 Constitution. See Falae v.Obasanjo [1999] 4 NWLR (Pt. 599)
476 at 495.
• To prove pardon, the convict may be required to tender certificate of
pardon.
• It is the duty of a person who has been pardoned to prove it by
producing the instruments or certificate of pardon. Okongwu v. State
(1986) 5 NWLR (Pt.44) 721 at 740.
• An application for pardon is made to the committee on prerogative of
mercy.
• Pardon is usually granted to a convicted person while amnesty is
granted to a person not convicted.
• Pardon is capable of removing any stigma attached to a conviction of
an offence and restore the convict to the position he was before
conviction.
PLEA OF AUTREFOIS ACQUIT OR AUTREFOIS CONVICT
• The accused/defendant may enter a plea of autre fois acquit or autre
fois convict otherwise known as “Bar Plea” to a charge/information
read to him. See s.36(9) constitution, s.181 CPL, s. 223(1) CPCL.
• A man is not to be prosecuted twice for the same offence.
• Elements of plea of autrefois acquit or autrefois convict:The
accused/defendant must have been tried on a criminal charge- R v.
Jinadu 12 WACA 368.
• The trial must be before a court of competent jurisdiction R. v. Hodge
6 NLR 56.
• The trial must have ended with an acquital or a conviction. See IGP
v. Marke (1957) 2 FSC 5, s. 182 CPL, s.159 (3) CPCL.
• The offence for which the accused had been tried must be the same
as the new charge or have the same elements as the new charge- R
v. Noku. 6 WACA 203.
PLEA OF GUILTY
• The accused/defendant may plead guilty to a charge read to him. s.
218 CPL & s.187(2) CPCL, s.213 ACJL, s. 274 ACJA.
111
• If the accused is charged with an offence punishable with death and

he pleads guilty, the court shall record a plea of not guilty on his
behalf.
• The accused/defendant may withdraw or change his plea of guilty to
that of not guilty at any time before judgment. R.v. Guest (1964) 3
ALL ER 385, Baalo v. FRN [2016] 13 NWLR (Pt. 1530) 400 SC. The
charge will be read to the accused and a fresh plea taken.
• The accused/defendant may plead not guilty to the charge but guilty
to an offence not charged. s.219 CPA, s. 214 ACJL, s. 275 ACJA.
See R v.Kelly [1965] 49 CAR 352.
• The court may convict on such plea if the ingredients for proving both
offences are the same.
PLEA OF NOT GUILTY
• The accused/defendant may plead not guilty to the charge. By this
plea, the accused/defendant is putting himself upon his trial. See
s.217 CPL & s.188 CPCL.
• By this plea issues are joined.
PLEA OF NOT GUILTY BY REASON OF INSANITY
• The accused/defendant may plead not guilty by reason of insanity.
• The court is to find out whether the accused/defendant committed the
offence and whether he was insane when offence was committed.
See Ss.229 & 230 CPL, s. 327(1) CPCL; s.223(1) ACJL, s. 285
ACJA.
Plea bargaining
• It is an agreement between the prosecution and the defendant to
settle the case against the defendant by reducing the
charge/punishment subject to the defendant making some refunds of
money or forfeiting some of his properties to the State provided the
agreement receives court’s approval.
• In a plea bargain agreement, the accused/defendant is opting to
plead to a lesser charge to get a lighter sentence. The
accused/defendant is requesting for concession from the prosecution.
s. 494(1) ACJA defines it as:
• A process whereby the defendant and the prosecution work out a
mutually acceptable disposition of the case, including the plea of the
defendant to a lesser offence than that charged in the complaint or
information and in conformity with other conditions imposed by the
prosecution, in return for a lighter sentence than that for the higher
charge subject to the Court’s approval.
Types of plea bargaining
112
(i) Charge bargain – the prosecutor makes an arrangement to drop

some charges made against the defendant if the defendant is ready
to plead guilty to some of the charges made against him.
(ii) Sentence bargain – the prosecutor agrees to a lesser punishment for
the defendant if the defendant pleads guilty to the charge. For this
agreement to succeed, there must be an alternative punishment to
the charge.
Procedure for plea bargain:
• See also Ss 75 & 76 ACJL & s.13(2) EFCC Act;
• Accused pleads guilty to the charge or part of the charge or to a
lesser offence and agreed with the prosecution to forfeit some of his
properties to the State. (charge bargain)
• The accused may be told in advance what his sentence would be if
he pleads guilty to the charge (sentence bargain). See s. 270(4)(b)
ACJA and note s. 339(1)-(10) CPCL on compoundable offences.
• The prosecutor may obtain the consent of the victim to enter into plea
bargain before or during the presentation of case for prosecution but
not after defence is entered. S. 270(2) ACJA
• The terms of agreement will be presented to the court and the court
enters judgment.
• The agreement may include compensation or restitution.
• The agreement must be in writing and signed by the parties and must
contain the fact that the defendant has been informed of his right to:
(i) remain silent, (ii) consequences of not remaining silent, (iii) not to
make any confession or admission that may be used in evidence
against him, (iv) disclosure of the full terms of the agreement.
• The court should not participate in the agreement leading to plea
bargain.
• The prosecutor may inform the court of the contents of the agreement
with a view of seeking direction in general terms.
• The prosecutor may inform the victim of crime the contents of the
agreement as to the inclusion of compensation or restitution.
• It is the duty of the prosecutor to inform the court the contents of the
agreement.
• The court must confirm the correctness of the agreement from the
defendant before entering it as judgment.
• The court must also confirm from the defendant whether the
agreement was entered into voluntarily.
• Plea bargain is usually entered into by the prosecution where:
113
(a) There is insufficient evidence to prove the offence charged beyond

reasonable doubt;
(b) Where the defendant has agreed to return the proceeds of the crime
or make restitution to the victim or his representative;
(c) (c) Where the defendant in a case of conspiracy has fully cooperated
with the investigation and prosecution of the crime by providing
relevant information for the successful prosecution of other offenders;
(d) (d) Where the interest of justice demands that the prosecution should
enter into it and that it will not amount to abuse of legal process to do
so.
End of lectures
QUESTIONS
Alhaji Barak Belema recruited Malik Babados, Mitch Rapp, and Stan Hurley
as his foot soldiers. On January 14, 2020 Malik Babados concealed in the
sole of his shoe 20 kilograms of cocaine, Mitch Rapp concealed in the sole
of his shoe 15 kilograms of cocaine and Stan Hurley concealed in his hand
luggage 25 kilograms of heroine. They were all scheduled to fly from
Murtala Muhammed Airport Lagos to The Netherlands, Singapore and
United Arab Emirates respectively.
Inspector Bobosky Apolla, a senior custom official in charge of electronic
and manual search at the airport was contacted by Alhaji Barak Belema
through text message to accord his boys all necessary protection and
assistance as usual. Unknown to them Inspector Bobosky the previous
night having attended all night Gospel Crusade surrendered his life to God
and washed his hands off from the business. When Malik Babados, Mitch
Rapp and Stan Hurley arrived at the electronic screening section in the
airport, the screening machine revealed the narcotic substance and they
were all arrested. During interrogation, they all confessed and Alhaji Barak
Belema was arrested. Alhaji Barak during police interrogation confessed
that the drugs were supplied to him by Bakayoko Mumina who was
subsequently arrested.
At their arraignment in the Federal High Court Lagos, the Police orderly to
the judge, read the charge at once to all the accused persons and called on
them individually to plead to the four different counts in the charge. Alhaji
Barak Belema pleaded guilty to the Charges against him and was
sentenced immediately. Malik Babados and Mitch Rapp were leg cuffed
because of their muscular body to prevent them from escaping. Malik
refused to plead to the charge and he was immediately cited for contempt
and a plea of not guilty was recorded for him while Mitch stood mute when
114
called upon to plead. Stan Hurley did not take his plea but rather raised a
preliminary objection to his trial upon the charge on the ground that the
prosecutor failed to obtain consent before filing the charge and that the
charge ought to have been filed at Federal High Court Abuja since it is a
Federal offence. The court forced him to plead and he pleaded ‘plea
bargain’. Bakayoko Mumina who speaks and understands only pidgin
English when he was asked to plead said ‘I de craze when I sell the thing to
am’.
ANSWER THE FOLLOWING QUESTIONS:

A. Using judicial and statutory authorities comment on the validity or
otherwise of the arraignment of the defendants in the above scenario
as it relates to the appearance of the defendants in the dock.
B. Comment with the aid of judicial and statutory authorities on the
procedure adopted in reading the charge to the Defendants.
C. Comment on the propriety or otherwise of the Orderly reading the
charge to the defendants.
D. Comment on the propriety or otherwise of the judge who sentencing
Alhaji Barack Belema immediately upon his plea. What are the duties
of the Judge, Prosecution Counsel and Defence Counsel in the
circumstance?
E. Comment on the attitude of Malik Babados who refused to plead to
the charge and the procedure adopted by the Court.
F. Comment on Mitch Rapp who stood mute when asked to plead to the
charge.
G. Comment on the propriety or otherwise of the objection raised by
Stan Hurley at that stage of the trial instead of taking his plea. At what
stage of the trial would the objection have been properly raised?
Comment on the propriety of the ground of the objection.
H. Comment on the propriety or otherwise of the plea of ‘plea bargain’
subsequently entered by Stan Hurley.
I. Comment also on the propriety or otherwise of the plea of Bakayoko
Mumina and what the trial court is required to do if any.
J. Mention the Roles and duties of Registrars and Judges in a criminal
trial.
115
(WEEK 14)
TRIAL 2: TRIAL PREPARATION AND EVIDENCE
OUTCOMES
 Explain and discuss the burden and standard of proof, basis for
admissibility of evidence in criminal trials, competence and
compellability of witnesses
 Develop a case theory and trial plan
 Explain the types, issue and use of subpoena and witness summons
 Prepare witnesses for trial
 Prepare and deliver an opening address
BURDEN AND STANDARD OF PROOF
BURDEN OF PROOF
 There are two types of burden of proof in a criminal trial and they are:
the legal burden and the evidential burden. The legal burden doesn’t
shift, while the evidential burden could shift in certain circumstances.
The burden of proving that an accused person committed a crime is
on the prosecution. S. 135(2) Evidence Act 2011, Woolmington v
DPP (1935) AC 462
 This burden never shifts to the accused person except in the
following cases:
 Burden of proving reasonable doubt after the prosecution has
proved its case beyond reasonable doubt -S. 135(3) EA 2011
 Burden of proving exemption, exception or qualification S.
139(1) EA 2011
 Burden of proving defence of intoxication or insanity S.
139(3)(c) EA 2011
 Burden of proving facts within the knowledge of the accused S.
140 EA 2011
STANDARD OF PROOF
 The standard of proof in criminal trials is proof beyond reasonable
doubt. S. 135(1) EA 2011
 This is opposed to civil trials where the standard of proof is by
preponderance of evidence.
BASIS FOR ADMISSIBILITY OF EVIDENCE IN CRIMINAL TRIALS

ADMISSIBILITY OF COMPUTER GENERATED EVIDENCE
116
 S. 84(1) EA 2011 provides for the admissibility of computer

generated evidence in circumstances where direct oral evidence is
admissible.
 However, such document must satisfy the conditions listed in S. 84(2)
EA 2011 which are:
 That the document containing the statement was produced by the
computer during a period over which the computer was used
regularly to store or process information for the purposes of any
activities regularly carried on over that period, whether for profit or
not, by anybody, whether corporate or not, or by any individual;
 that over that period there was regularly supplied to the computer in
the ordinary course of those activities information of the kind
contained in the statement or of the kind from which the information
so contained is derived;
 that throughout the material part of that period the computer was
operating properly or, if not, that in any respect in which it was not
operating properly or was out of operation during that part of that
period was not such as to affect the production of the document or
the accuracy of its contents; and
 that the information contained in the statement reproduces or is
derived from information supplied to the computer in the ordinary
course of those activities.
 In Kubour v Dickson (2012) LPELR 9817 SC, the court held that a
party that seeks to tender a computer generated evidence must not
merely tender it from the bar and evidence must be led to establish
the conditions set out in S. 84(2) EA 2011
 S. 84(4) EA 2011 provides that a certificate purporting to be signed
by a person occupying a responsible position in relation to the
operation of the relevant device or the management of the relevant
activities
 identifying the document containing the statement and
describing the manner in which it was produced;
 giving such particulars of any device involved in the production
of that document as may be appropriate for the purpose of
showing that the document was produced by a computer; and
 dealing with any of the matters to which the conditions mentioned in
subsection (2)
 shall be deemed to be sufficient evidence of the conditions stipulated
in S.84(2) EA 2011
117
 However, in the recent case of Dickson v Sylva (2016) LPELR

41257 SC, the Supreme Court held that a certificate is not the only
means of proving the conditions stipulated in S.84(2) EA 2011 and
that the court can also require oral evidence.
ADMISSIBILITY OF CONFESSIONAL STATEMENTS
 Confessional statements are generally admissible when tendered by
the prosecution especially where no objection is raised by the
defence.
 Where however, the accused retracts the confessional statement
when it is tendered, the court would still admit the statement but
would determine the weight to be placed on such statement at the
point of judgment.
 Where the statement is objected to on the ground that it was obtained
involuntarily or in consequence of oppression of the accused person,
the court would immediately proceed to trial within trial to ascertain
whether the statement was obtained voluntarily or not.
 Where the prosecution proves beyond reasonable doubt that the
statement was obtained voluntarily, the court would admit the
statement and mark it as an Exhibit.
 Where however, the prosecution fails to prove beyond reasonable
doubt that the statement was obtained voluntarily, the court would
reject the statement.
ADMISSIBILITY OF EXPERT EVIDENCE
 By virtue of S.68 EA 2011 the opinions of experts are admissible as
an exception to the hearsay rule.
 An expert is defined in S.68(2) EA 2011 as a person skilled in any
field mentioned in S.68(1) EA 2011 viz foreign law, customary law or
custom, science, art and identity of handwriting or finger impressions.
 The evidence of an expert may be oral or documentary.
 Where it is oral, he is called as an expert witness and examined,
cross-examined and re-examined when necessary.
 Where it is intended to tender the report of an expert, he may be
called as a witness and the document tendered through him.
 The court would then examine the report and may utilise it in deciding
the case one way or the other.
ADMISSIBILITY OF POLICE REPORT
 The report of the Investigating Police Officer (IPO) is admissible as
documentary evidence by virtue of S.83 EA 2011.
 Usually, the report would be tendered through the IPO who would be
called as a witness.
118
 However, the absence of the IPO would not render the document
inadmissible if the court is satisfied that undue delay or expense
would otherwise be caused in trying to secure the presence of the
IPO and such report would be admitted by the court in evidence. See
S.83(2) EA 2011
HEARSAY EVIDENCE
 Hearsay means a statement (a) oral or written made otherwise than
by a witness in a proceeding; or (b) contained or recorded in a book,
document or any record whatever, proof of which is not admissible
under any provision of this Act, which is tendered in evidence for the
purpose of proving the truth of the matter stated in it- S. 37 EA 2011
 Hearsay evidence is not admissible except as provided in the
Evidence Act or any other Act- S. 38 EA 2011
 In criminal trials, the most popular hearsay evidence is DYING
DECLARATIONS. See S. 40 EA 2011, Okokor v State(1967) NMLR
189, Akpan v State (1967) NMLR 185 .
REFRESHING MEMORY
 S. 239 EA 2011 makes provision for witnesses to refresh his memory
from documents prepared by that witness or by any other person and
read by the witness either at the time of the transaction or soon after
the transaction took place.
 An expert witness may also refresh his memory by reference to
professional treatises.
 A witness who seeks to refresh his memory must seek the leave of
the court before doing so.
HOSTILE WITNESS
 A hostile witness is one who:
 gives evidence against the party calling him; and
 such evidence is false
 The general rule is that a party who calls a witness is not allowed to
impeach the credit of that witness- S.230 EA 2011, Babatunde v
State (1969) NMLR 227.
 This is subject to the exceptions provided in S. 230-233 EA 2011
which allows a party to impeach the credit of his own witness.
 The court, upon satisfaction that a particular witness is hostile,
declares such witness hostile upon application by the party or his
counsel.
 The consequences of declaring a witness hostile are:
 The court will attach less weight to his testimony or disregard
the testimony he has given
119
 The witness can be cross-examined by the party calling him

 He can be asked leading questions
 He can be contradicted using his previous statements which
are inconsistent with his present testimony
COMPETENCE AND COMPELLABILITY OF WITNESSES
 A competent witness is one who can lawfully be called to give
evidence.
 On the other hand, a compellable witness is a person who can
lawfully be compelled by the court to give evidence.
 While the basis of competence is largely the possession of
understanding, intelligence, fitness, mental or physical; compellability
has to do more with position or status occupied by a person at a
given time.
 As a general rule, every person is a competent witness- S.175(1) EA
2011
 The competence of certain classes of witnesses would now be
considered:
 Children
 The law is settled that a child is a person who has not attained the
age of 14 years- S.209 EA 2011
 The court is expected to conduct two tests on a child to determine the
competence of that child to give evidence viz:
 Whether the child has sufficient intelligence to give evidence
(intelligence test)
 Whether the child understands the duty of speaking the truth
(oath test)
 The tests must be administered in a progressive manner.
 If the child passes the first test but fails the second, he/she shall not
be sworn.
 If the child fails the first test, the second shall not be administered and
the child will not be competent to give evidence.
 If the child passes the two tests, he/she would be sworn and the
evidence taken on oath- Dagayya v State (2006) AFWLR (308) 1212
 Persons of extreme old age
 The Evidence Act is silent on who an old person is.
 The general view is that it is the judge that will determine who an old
person is.
 If the court is satisfied that he /she is a person of extreme old age, the
two tests applicable in respect of a child are also applicable.
 A person of unsound mind
120
 A person of unsound mind is a competent witness except he is

prevented by his mental infirmity from understanding the questions
put to him or from giving rational answers to them- S.175(2) EA 2011
 Dumb witness
 A dumb person is also a competent witness.
 He may give his evidence in any other manner in which he can make
it intelligible such as by writing or signs, but such writing must be
done and the signs made in open court. S.176(1) EA 2011
 Any evidence so given by the dumb person though in writing or signs
shall be deemed to be oral evidence- S.176(2) EA 2011
 Accused person/Co-accused
 An accused person is not a competent witness for the prosecution
particularly where he is charged alone.
 Where he is charged with other persons, he is competent to give
evidence for the prosecution against his co-accused, where he has
pleaded guilty and has been convicted and sentenced. - Umole &
Ors v IGP (1957) NRNLR 8
 An accused person is however a competent witness for the defence
at all times. S.180 EA 2011
 Spouses of a valid marriage
 S. 179 EA 2011 provides generally that the spouses of accused
persons/defendants are competent witnesses.
 There are however instances where the spouse of the defendant is
both competent and compellable. These are:
 Where the offence for which the spouse is standing trial relates
to any of those mentioned in S.182(1) EA 2011
 Where the offence is one against the property of the wife or
husband of the accused, subject to S.36 Criminal Code.
 Where the husband or wife is charged with the offence of
inflicting violence on his wife or her husband
 Spouses of a valid marriage
 In any other case, the husband or wife is only a competent and
compellable witness only upon the application of the person charged-
S.182(2) EA 2011
 The failure of the wife or husband of any person charged with an
offence to give evidence shall not be made the subject of any
comment by the prosecution.
 Note privilege of marital communications in S.182(3), 187 EA 2011
 Certain persons are competent witnesses but are not compellable.
They include:
121
 The President, Vice-President, Governors and Deputy

Governors -S. 308 CFRN, Fawehinmi v IGP (2002) FWLR
(108) 1355.
 Diplomats-S.1(1) Diplomatic Immunities and Privileges Act,
Zabusky v Israeli Aircraft Industries (2007) AFWLR (352)
1759
 Judges- S. 188 EA 2011
 Legal practitioners- S.192 EA 2011
CORROBORATION OF EVIDENCE
 This is the confirmation of witness’ evidence by independent
evidence.
 As a general rule, no particular number of witnesses is required to
prove the case against an accused- S. 200 Evidence Act
 Corroboration is an exception to this general rule.
 To satisfy the requirement of corroboration, the evidence must
show two things: That the offence was committed; and
 that the accused is implicated in the commission. Se
 Okpanefe v State
 Corroborative evidence may be oral, documentary or real.
 Corroboration is required in the following instances:
 Where it is required as a matter of law
 Where it is required as a matter of practice
Corroboration as a matter of law
 The law requires corroborative evidence in the following instances:
 Treason and treasonable felonies S.201 EA 2011, Omisade v
R (1964) 1ANLR 233
 Evidence on a charge of perjury S. 202 EA 2011, S.119
Criminal Code, R v Ogunnubi (1932) 11NLR 91
 Exceeding speed limit S.203 EA, Agbonavbare v Ogbebor
 Sedition S.204 EA 2011
 Unsworn evidence of a child S.209(3) EA 2011, Ogunsi v
State
 Evidence of an accomplice S.198 EA 2011
 Note that where corroboration is required as a matter of law, any
conviction based on uncorroborated evidence will be quashed on
appeal- Oyediran v Republic (1966) 4 N.S.C.C. 252, (1967) NMLR
122
 Corroborative evidence is required by the courts as a matter of
practice in the following cases:
 Evidence of co-accused State v Idahosa (1965) NMLR 85
122
 Sworn evidence of a child Akpan v state (1967) NMLR 185;

[1986] 3 NWLR (Pt. 27) 225; (1992) 6 NWLR (Pt. 248) 439
 Evidence of agent provocateur Mbenu v State (1988) 3NWLR
(Pt. 84) 615 at 626
 Tainted witness Idahosa v R (1965) NMLR 86
 Sexual offences Iko v state (2001) 14NWLR (Pt732) 221
 Retracted confessional statements Onochie v Republic (1966)
NMLR 307
 Note that where corroboration is merely required as a matter of
practice, any conviction obtained would not be quashed except
miscarriage of justice is proved.
CASE THEORY AND TRIAL PLAN
CASE THEORY
 Case theory is an advocate’s strategy and comprises the line of
arguments from his opening speech through closing speech.
 In forming the case theory, regard is had to the following:
 The charge against the accused
 The ingredients having regard to the statute creating the
offence
 The facts available to prove the offence
 The principles guiding the offence
 The likely defences available to the accused
TRIAL PLAN
 Trial plan is an action plan prepared by a counsel stating how he
intends to prove his case or establish his defence.
 The trial plan should contain the following in a tabular form:
 Charge
 Law
 Evidence (prosecution)
 Evidence (defence)
 Penalty
 Prayer (prosecution)
 Prayer (defence)
 Remarks
SAMPLE TRIAL PLAN
123
SUBPOENA AND WITNESS SUMMONS

SUBPOENA
 A subpoena is a writ requiring the person to whom it is directed to be
present at a specified place and time and for a specific purpose under
a penalty under the law.
 See S.241 ACJA, S.358 CPL, S.188 ACJL
 There are basically three types of subpoena:
 Subpoena duces tecum- compels a witness to tender a
document. Note that a witness brought to court on a subpoena
duces tecum is not liable to give evidence on oath or be cross-
examined S.218, 219 EA 2011, Olaniyan v Oyewole (2008) 5
NWLR (pt. 1079) 114
 Subpoena ad testificandum- compels a witness to attend court
and give oral evidence
 Subpoena duces tecum et ad testificandum- compels a witness
to give oral evidence and tender documents.
WITNESS SUMMONS
 This is an order of court issued to a person whose presence is
required for purposes of testifying in a matter before the court.
124
 It is served on the witness the same way an originating process of

court is served- personal service or substituted means.
 See S.241 ACJA, S.186 CPL, S.177 CPCL, S.177 ACJL
OPENING STATEMENT/ADDRESS
 Opening address is a summary of the evidence the prosecution
intends to adduce before the trial court.
 See S. 300 ACJA, S. 240 CPL, S. 189(1) CPCL, S. 268 ACJL
 This will include the following:
 The charge against the accused
 The evidence available to prove the charge
 Witnesses to be called and availability of such witnesses
 Approximate time to complete the prosecution’s case
QUESTIONS
Femi Ajimobi was arrested by the police at Obiagu shopping mall in Enugu
for the offence of House breaking and Rape committed on the 4th june,
2020. Mrs Fatima James lodged a report at the police station that her
neighbour, Femi Ajimobi broke into her apartment and raped her on the 3rd
of June, 2020.
In his statement to the police, Femi Ajimobi denied the allegation and was
subsequently charged to court.
At his trial, the prosecution called the prosecutrix, Mrs Fatima James as
PWI and she gave a vivid account of how she was assaulted, beaten and
raped by the defendant. The prosecution sought to tender the torn clothes
and pant of the victim, but the defence objected on the ground that it was
coming from improper custody. The trial judge sustained the objection.
The prosecution also called Dr. Moses Evang, an expert gynaecologist to
give evidence and tender the medical report of the examination conducted
on the prosecutrix. The defence counsel objected on the ground that the
Medical Report was not signed. The court sustained the objection and
marked the document “rejected”.
At the close of the prosecution’s case, the defence called Chidi Amaka, a
12 year old boy to testify for the defence. The prosecution objected
vehemently on the ground that he is not a competent witness.
The trial judge sustained the objection and subsequently adjourned the
matter to 14th July, 2020 to enable the defence call another witness.
1. (a) Was the trial judge right in sustaining the objection by refusing
to admit the torn clothes and pant in evidence? Give reasons for your
answer.
125
(b) On what basis would the court accept the evidence of Dr. Moses
Evang in law?
(c) Was the trial judge right in rejecting the evidence? Give reasons
for your answers.
2. (a) Comment on the Objection of the prosecution and the ruling of
the court on the competence of Chidi Amaka to give evidence in this case.
(b) Under what circumstance would the evidence of Chidi Amaka be
admissible in this case?
3. (a) Assuming Femi Ajimobi intends to call his elder brother who is the
governor of koko state as a witness for the defence, comment on the
competence and compellability of the governor to testify in this case.
126
(WEEK 15)
Trial 3: Examination of Witnesses
• Outcomes:
• At the end of the lesson, students would be able to:
• 1. explain what examination-in-chief, cross examination and re-
examination mean, and the purpose they serve in criminal
proceedings;
• 2. examine a witness in chief, cross examine a witness, and re-
examine a witness;
• 3. identify questions that are objectionable in examination-in-chief;
• 4. demonstrate admissibility of documentary evidence in criminal
trials- confessional statements, expert evidence, police report, and
computer generated evidence;
• 5. demonstrate admissibility of hearsay evidence;
• 6. demonstrate the procedure for refreshing the memory of a witness,
dealing with a hostile witness; and
• 7. identify the limits the judge’s power to put questions to a witness.
• Witnesses are important to the success of the cases of both the
prosecution and the defence. Section 36 (6) (d) of the CFRN 1999
allows the prosecution and the defence to call witnesses to testify on
their behalf and to cross-examine the witnesses called by the
opposition.
• This is because we practise adversarial system of litigation where
parties alone take issues with one another and they should call
witnesses to establish their own side of any given issue- Onuoha v
State (1989) 2 NWLR (101) 23. See generally sections:199
CPL,196 ACJL, 255 ACJA, 234, 237 CPCL, 214 EA. Examination of
witnesses is divided into three, viz: examination-in-chief, cross-
examination and re-examination.
• Examination-in-chief
• This is the examination of a witness by the party that calls him-s.
214(1) EA. Its purpose is to elicit from the witness facts and evidence
that are relevant and favourable to the case or any part of the case of
the party on whose behalf he is testifying. Leading questions and
questions tending to discredit witnesses are not allowed, generally, in
examination-in-chief and re-examination.
• Leading questions: A question is leading if it suggests an answer to
the witness- s. 221(1) Evidence Act 2011. Whether a question is
leading or not is a matter of facts in any case particularly dependent
on the answer given by a witness to a preceding question. Only a
127
court can permit the asking of leading questions- s. 221 (2). Leading
questions are permitted in respect of introductory matters [not in
dispute], proved or undisputed facts and hostile witness- ss. 221(3),
230 EA.
• Discrediting one’s witness: A party is not allowed to discredit his
witness by general evidence of bad character unless such a witness
turns hostile-s.230 Evidence Act. A witness is hostile, if in the opinion
of the court, he bears hostile animus to the party calling him and so
does not give his evidence fairly with a desire to telling the truth to the
court- S. O. Esan v State (1976) 11 SC 93, Babatunde v State
(1969) NMLR 227.
• Open and closed questions are to be used in conducting
examination-in-chief. Open questions should be preferred to closed
questions because they allow the witnesses tell their stories
uninterrupted. ‘What, where, why, how, when, who’ are the
interrogative pronouns and adverbs used in open questions.
• You can also start examination-in-chief with words like, ‘describe,
explain, etc. Closed questions are asked to elicit more specific facts
and to prevent the witness from derailing; but they could result to
leading questions if not carefully managed. Closed
• questions begin with verbs and interrogative adverbs such as: has,
have, had, do, did, are, were.
• Cross-examination
• This is the examination of a witness by a party other than the party
who calls him. See s. 214 (2) EA. Before embarking on cross-
examination of witness, counsel should ask himself if it is desirable,
that is, if it helps his case in any way. This is because some cross-
examination could help the opponent’s case.
• Note, however, that if he fails to cross-examine a witness, the
evidence of such a witness is taken as admitted. See Awopejo v
State (2000) NWLR (Pt.659) 1 at 20, Garba v The Queen (1959)
NSCC 133 at 135.
• In a joint criminal trial, each of the accused persons is entitled to
cross-examine any witness called by the prosecution if he wishes to
do so- s 216
• EA. If an accused person calls a witness, his co-accused persons
,each, have the right to cross-examine the witness before the
prosecution does- s. 217 EA.
• Leading questions are allowed in cross-examination provided they
are relevant and go to the credibility of the witness- s.221 (4) EA. The
128
questions in cross-examination are not confined to the facts testified

about by the witness in his examination-in-chief-215 (2) EA.
• Exceptions
• Even though counsel is allowed to ask many
questions during the cross-examination of a witness, he is not
allowed to ask: indecent and scandalous questions unless they
relate to the facts in issue- s 227 EA;
• questions intended to insult or annoy the witness or which is
needlessly offensive- s 228 EA;
• questions relating to credit only but not relevant or too remote to the
proceedings- s 224 EA.
• See also s 226, s 233 CPCL.
• Re-examination
• This is the examination of a witness by the party who calls and
examines him in chief. Leading questions are not allowed in re-
examination except court permits them. Re-examination is done after
cross-examination to clear any ambiguity arising from answers given
to a question(s) in cross-examination.
• It does not admit extension, re-opening or repetition of examination-
in-chief. New matters can only be introduced with the leave of the
court. When this happens, the party in opposition shall be allowed to
cross-examine the witness on the newly introduced matters only-s.
215(3) EA.
Purposes of examinations in criminal trials
Examination-in-chief:
• The main purpose of examination-in-chief is to elicit from the witness
some relevant pieces of evidence favourable to the case of the party
who calls him.
Cross-examination:
• To get favourable evidence for the case of the party cross-examining
the witness
• To contradict the witness and render his testimony unreliable and
unbelievable by the court
• To destroy the opponent’s case.
Re-examination:
• The main purpose of re-examination is to clear any ambiguity arising
from the cross-examination of the witness by the opposing
• counsel. Ambiguity is said to have arisen if any statement made by
the witness in answer to any question put to him by the party cross-
examining him is capable of having two or more meanings.
129
Admissibility of documentary evidence in criminal trial

• Apart from oral evidence which the witnesses give in criminal trials,
documentary evidence such as confessional statements, expert
evidence, police report, computer generated evidence, dud cheques,
forged documents and a whole lot of documents recovered by the
police during investigation of cases can be tendered and admitted
through witnesses during trials.
• As a matter of practice, proper foundations must be laid before
tendering the documents. This is to avoid the documents being
rejected or lesser weight being attached to them.
• Hence, a witness desiring to tender a confessional statement of a
defendant through an IPO must first ask him what role he played in
the matter, if he could identify the document and with what such
identification could be done.
• Note that statements made to the police during investigation are
tendered through the makers or the IPO while those made by
suspects or accused persons/defendants must be tendered through
the IPO. See Azeez Okoro v State (1998) NWLR (Pt. 584) 181,
Okpara v FRN (1977) NSCC 166.
• Similarly, an expert should be made to state his qualifications and his
role in the case before his result of investigation/research is tendered
in evidence. Ss 55, 68 EA, 250 CPCL.
• A witness desiring to tender a computer generated document will do
the following:
• a. the document containing the statement was produced by a
computer during a period the computer was used regularly to store or
process information for the purposes of any activities regularly carried
on over that period, whether for profit or not, by anybody, whether
corporate or not, or by individual;
• b. over that period, there was regularly supplied to the computer in
the ordinary course of those activities information of the kind
contained in
• the statement or of the kind from which the information so contained
is derived;
• c. throughout the material part of that period the computer was
operating properly or, if not, that in any respect in which it was not
operating properly or was out of operation during that part of that
period was not such as to affect the production of the document or
the accuracy of its contents; and
130
• d. the information contained in the statement reproduces or is derived

from information supplied to the computer in the ordinary course of
those activities- section 84 (2) EA.
• In Kubour v Dickson (2012) LPERL-9817 SC, it was held that a
party seeking to tender a computer generated evidence must not
merely tender it from the Bar; evidence must be led to establish the
conditions set out in section 84 (2) EA.
• A certificate signed by a person occupying a responsible position in
relation to the operation of the relevant device or the management of
the relevant activities:
• identifying the document containing the statement and describing the
manner in which it was produced;
• giving such particulars of any device involved in the production of that
document as may be appropriate for the purpose of showing that the
document was produced by computer; and
• dealing with any of the matters to which the conditions mentioned in
subsection 2, shall be sufficient of the conditions stipulated in s 84 (2)
EA.
• However, in Dickson v Sylva (2016) LPELR-
• 41257 SC, the Supreme Court of Nigeria held that a certificate is not
the only means of proving the conditions stipulated in s 84 (2) EA,
and that courts can require oral evidence.
• Primary or secondary evidence of such documents could be admitted
not to show the truth of their contents but to test the credibility of their
makers. See Sanusi v State (1984) NSCC 659 at 661.
Admissibility of hearsay evidence
• The general rule is that all facts may be proved by direct oral
evidence-s125 EA. This means that if the evidence is in respect of
facts that could be: seen, touched, heard, or perceived by any other
sense or in any other manner, only a person who has seen, touched,
heard or perceived it can give evidence in respect of those facts.
• If the oral evidence relates to an opinion or to grounds on which that
opinion is held, then only the evidence of the person who holds such
opinion on that ground could be admissible as direct evidence. See
ss. 126 (a, b, c, d), 127 EA, Ehikioya v COP (1992) 4 NWLR (Pt.
233) 57, Utteh v State (1992) NWLR (Pt. 223) 257 at 273.
• Any oral evidence given by any person about facts not: seen, heard,
perceived or opinion on grounds not held by such a person amounts
to ‘hearsay evidence’, which is generally inadmissible- s 38 EA, Cf
Subramanian v The Public Prosecutor (1956) 1 WLR 965.
131
• However , there are exceptions to the general rule that ‘hearsay

evidence is inadmissible in law’.
• Dying declaration
• In a case of manslaughter or murder, cause of death of the deceased
can be proved by the
• statement made by him as to the cause of his death or any
circumstance of the events that resulted in his death-s 40 (1), (2) EA.
cf R v Woodcock (1786) 1 Leach 500 at 502; Okoro v State [2012] 4
NWLR (Pt 1290) 351; Ezeuko v State [2016] All FWLR (Pt 831) 1539.
• Statements made by persons who cannot be called as witnesses
• Statements made, whether written or oral of facts in issue or relevant
facts made by a person who: is dead, cannot be found, has become
incapable of giving evidence, or whose attendance cannot be
procured without an amount of delay or expense which under the
circumstances of the case appears to the court unreasonable, are
admissible under sections 40 to 50 EA-s 39 EA.
• Evidence of a witness in former proceedings
• Evidence given in a judicial proceedings, or before any person
authorised by law to take it, is admissible for the purpose of proving in
any subsequent proceeding, or in a later stage of the same judicial
proceeding the truth of the fact which it states- s.46(1) EA. Conditions
to be present for this exception to apply are:
• the person who gave evidence in the previous proceeding must have
died;
• the witness cannot be found; the witness has become incapable of
giving evidence as a result of extreme old age; and
• the attendance of the witness cannot be procured without an amount
of delay or expense which under the circumstances of the case
appears to the court unreasonable. The parties or their
representatives and the issues in the previous and present
proceedings must be same, and the party against whom the evidence
was given had the right and the opportunity to cross-examine the
witness in the previous proceeding.
• A criminal trial or inquiry is deemed a proceeding between the
prosecutor and the defendant, and a reference to parties is deemed a
reference to the prosecutor and the defendant. See proviso to s.
46(1), 46(2) EA.
• Statements in public documents, ss 102,104,105 EA
• When secondary evidence of a public document, i.e. CTC, is given
in a criminal trial as the evidence of the content of the public
132
document, it qualifies as admissible hearsay evidence and as such

an exception to the general rule.
• The CTC of public documents must be made by authorised public
agents in the course of their official duties, that the facts recorded in
the documents are of public interest and that it is difficult or
impossible to prove facts of a public nature by means of actual
witnesses examined on oaths- s 90(1) (c) EA.
• However, see BelloMagaji v Nigerian Army (2008) 2-3 SC (Pt II)
146, where Ogbuagu, JSC opined that a photocopy of CTC of a
public document needs no further certification.
• Circumstantial evidence
• This is the means of proof of the existence of
• facts by inference made from proved facts. It is resorted to when
there is no direct evidence to prove the existence of the facts.
• The circumstantial evidence must be cogent, unequivocal,
overwhelming and must point directly and irresistibly to one
conclusion: that the accused person and no other person committed
the alleged offence.
• See Shehu v State (2010) 2-3 SC (Pt. 1) 158 at 189, Jua v
State(2010) 1-2 SC (Pt. 1) 96 at 134.
• Suspicion, however, strong cannot ground conviction – Abieke v
State (1975) NSCC 402 at 408.
• Procedure for refreshing memory
• A witness being led in examination is permitted by the court to look at
extraneous materials to aid recollection. This is called refreshing the
memory-s. 239 EA.
• Such materials include:
• 1. writing made by him at the time of the transaction leading to the
crime alleged, or writing made afterwards when the transaction was
still fresh in his memory;
• 2. writing done by another person which the witness read at the time
or soon afterwards and knew it to be correct; and
• 3. reference to professional treatise by experts in that field.
• Refreshing the memory is not the same as reading the recorded
materials. It means occasionally looking at the material with leave of
court to remind himself of the facts therein recorded (which he might
have forgotten due to effluxion of time or the technical nature of the
facts) about which he is testifying.
• Dealing with a Hostile Witness- s. 230 EA
133
• A hostile or adverse witness is one who testifies against the party

who calls him and does not tell the truth. Where the witness
• indicates before giving evidence that he is going to change his story,
then the party examining him in chief should apply to the court to
cross-examine him.
• If he changes the story while giving evidence, then, counsel should
also apply orally to the court to declare the witness hostile and cross-
examine him. See Ibeh v State (1997) NWLR (Pt. 484) 632 at 652,
Gregory Okonkwo v State (1998) NWLR (Pt.561) 210 at 244.
• The essence of cross-examining him is to discredit and contradict him
using the evidence of another witness or by proving a contradiction
• between his oral testimony and his previous statement in order to
extract the truth from him, which truth he labours to hide. This is
applying the inconsistency rule, the effect of which is to render
unreliable the evidence of the hostile witness as a result of material
contradiction(s) in it. See Aderemi v State (1975) NSCC 423 at 426.
• Powers of judges or magistrates to put questions to witnesses
• Judges or magistrates have powers to put
• questions to witnesses testifying before them in order to clear
ambiguities or clarify points which have been left obscure in the
evidence adduced by the witnesses. This is done in respect of
relevant facts, duly proved. See s 246 (1), 2), (3) EA. cf ss 224,
225, 226 EA.
• This does not mean that judges or magistrates have powers to
descend into the arena to make case for the prosecution or the
defence, or to ask questions which
• the law forbids counsel to put to the witnesses. This will amount to
undue interference, which the law forbids. See Okoduwa & Ors v
State (1988) 1 NSCC 718, Uso v State (1972) 1 SC 37.
• The number of questions asked is immaterial. What matters is if the
question(s) is relevant to the live issues before the court. See
Onuoha v State supra, Magaji v State [2008] 2-3 SC (Pt. II)146.
Power of courts to call or recall witnesses

• A Magistrate or Judge has power to call a fresh witness or recall a
witness who has earlier testified in a case, at any stage before
judgment, for questioning if his evidence will help in the just
determination of the case. The purpose is not to build the case of any
party. Such witnesses are not the witnesses of either of the parties
and the parties can only examine them with the leave of the court.
134
• See generally: ss 200 CPL, 237(1)CPCL, 197 ACJL, 256 ACJA;

Okorie v Police (1966) LLR 134, Opeyemi v State (1985) 2 NWLR
(Pt. 5) 101, R v Aderogba (1960) FSC 212, Onuoha v State (1989)
2 NWLR (Pt.101) 23.
QUESTIONS
Tonye Okeke, Tamara Abubakar, and Timi Bolaji were arrested by the men
of National Drugs Law Enforcement Agency (NDLEA) at Igbogene
Yenagoa Bayelsa State on 5 March 2020 for possessing substances
suspected to be Indian Hemp and cocaine. They were later arraigned in the
Federal High Court sitting at Yenagoa. The prosecution asked Mr Yetunde
Wori, a government chemist who conducted the drug analysis on the
substances, questions on the report he wrote. Due to the complex nature of
the report, Yetunde had to read the report to enable him answer the
questions put to him. Thereafter, Biogbolo Nimi Esq who represented
Tonye Okeke asked Yetunde questions on the report on behalf of all the
defendants even though they were separately represented by counsel.
After the three defence counsel were done with questioning their clients
and the witnesses called by them, the trial judge asked the defendants to
tell him the difference between coke and cocaine, which all of them
mentioned in their evidence before the court. The defence counsel objected
to the question on the ground that the judge was descending into the arena
of conflict between the parties. The judge overruled their objection, and
asked the defendants to answer the question.
Below is the excerpt of what took place between the Prosecution and
Yetunde Wori:
Prosecution: You are Yetunde Wori, a government chemist with the
NDLEA?
Yetunde Wori: Yes, my lord.
Prosecution:
You obtained a B.Sc in Industrial Chemistry from the University of Ibadan in
1995; went to the University of London in 1998 for your M.Sc in Industrial
Chemistry and Professional Certificate in Drug Analysis, and you have
been with the NDLEA since 1999?
Yetunde Wori: You are very correct, my lord. You know me so well.
Prosecution: Please, tell this honouable court the role you played in this
case.
Yetunde Wori:
Substances suspected to be Indian Hemp and cocaine were recovered
from the defendants on 5 March 2020. After preliminary tests, NDLEA
135
officers put the substances in the Substance Packing Form, and brought
them to me on 12 March 2020 for investigation and analysis. I carried out
the investigation in the NDLEA Laboratory in Lagos State, and I analysed
the substances. Based on that, I wrote this complex report, from where I
am giving evidence in this court.
Prosecution: So, your analysis shows that the substances are Indian Hemp
and cocaine?
Defence Counsel: Objection, my lord. This question is very leading.
Court: Objection overruled. Witness may answer the question.
Yetunde Wori: You are very correct, my lord. My analysis shows that the
substances recovered from the defendants are Indian Hemp and cocaine.
Prosecution: My lord, that is all for the witnesses.
A. i. State the types of examination the prosecution and Biogbolo Nimi
Esq did with Yetunde Wori, and their uses in criminal trials.
ii. Mention questions that are not allowed in (i) above.
B. Comment on the propriety or otherwise of Biogbolo Nimi Esq asking
Yetunde Wori questions on behalf of the defendants even though
they were separately represented by counsel.
C. Comment on the propriety or otherwise of the judge asking the
defendants to tell him the difference between coke and cocaine; the
objection of the defence counsel to the question, and the ruling of the
court on the objection. Would your answer be different if Biogbolo
Nimi Esq had asked Tonye Okeke the same question by way of re-
examination? Give reason(s) for your answer.
D. Was Yetunde Wori right to have read the drug analysis report in order
to give evidence on it? As his counsel, state the procedure he should
have followed.
E. Identify the types of questions asked in 1, 3, and 5 above, and state
whether or not they are allowed in the circumstance of this case.
F. Discuss the objection of the defence counsel to question 7, and the
ruling of the trial judge on it.
G. Assuming Yetunde Wori has turned against the prosecution in the
court, advise the prosecution on what he should do with Yetunde to
prove his case.
H. State in six paragraphs, how you would lead Yetunde Wori to tender
the drug analysis report in evidence.
136
(WEEK 16)
TRIAL 4
CASE FOR DEFENCE
OUTCOMES
1. What are the options available to an accused person at the close of
the case for the prosecution?
2. What is no case submission and when may it be made?
3. When a no case submission is overruled, what other options are
available to the accused?
The accused resting his case on that of the prosecution.
Procedure for visit to the locus in quo Application of the ex-improviso rule.
Final address for the parties
Students should be able to:
Explain the options available to the accused at the close of the case of the
prosecution
 Make a submission of no case to answer.
 Accused resting his case on that of the prosecution
 Make an opening address for the defence.
 Explain the Ex-improviso rule – explain when prosecution may be
allowed to call evidence in rebuttal of evidence of the defence.
 Explain the purpose and procedure for a visit to the lo c u s in q u o
 Make concluding /final addresses for the parties.
 The case of the prosecution comes to a close when the prosecution
has called all his witnesses.
 Upon completion of the prosecution evidence, he may inform the
court at the close of his case as follows;
 “that’s all for the prosecution” or “that is the case of the prosecution”
or in any manner that the court will understand that the prosecution
has concluded giving of evidence.
When the prosecution closes his case, the accused has three options:
 Submission of no case to answer.
 Resting the case of the accused on that of the prosecution.
 Entering/Opening his defence.
No case submission simply means that the accused has no case to answer
because there is no evidence before the court upon which the accused can
be convicted. See Fagoriola V FRN(2014)
The defence counsel may makes a no case submission on behalf of the
accused by contending that the prosecution has not made out a case
against him that will require him to answer.
137
 Grounds upon which a no case submission can be made are:

1. Where the prosecution has left out or failed to prove an essential
ingredient of the offence; or
2. Where the evidence of the prosecution witness has been so
discredited during cross examination that no reasonable court can
safely convict on it.
See Tongo v COP (2007) and Agbo v the State (2013).
see also section 303 ACJA on what the judge should consider in
determining a no case submission.
NOTE that the ACJL and ACJA makes express provision on no case
submission. See S.239(1) ACJL and 302 & 303 ACJA.
When a no case submission is made, it means that there is no legally
admissible evidence linking the accused with the essential elements of the
offence as contained in the charge.
See Ibeziako v. COP(1963) and Aituma v. The State(2006)
Under the ACJA, the defence counsel can by way of an application enter a
no case submission or the court can s u o m o t u discharge the accused
where there is no p rim a F a cie evidence against him. See Suberu v. The
state.(2010)
Where a no case submission is made, the court will determine whether a
prima facie evidence against the accused person has been established or
not. See S. 357 ACJA.
The court is only meant to determine whether a prima facie case has been
established against the accused to justify his being called upon to defend
himself. On the definion of Prima facie, see Prof. Adenike Grange v.
FRN.(2010)
Prima facie was defined to be ground for proceeding further with the trial.
In determining a no case submission, the court is not interested in
evaluating the credibility of the prosecution witnesses who have testified in
court, it will only do so at the end of the trial. See Ajiboye v. The
state()1995.
The court is only interested in identifying whether there is ground for
proceeding further with the case.
Where there is ground for proceedings, no matter how slight, the court will
overrule a no case submission. That is to say that the accused has a case
to answer as he will be called to enter his defence and give evidence... See
Agbo v The state.
Where there is no ground for proceedings established against the accused
person, he will be discharged See. S. 302 ACJA.
138
The discharge of an accused where a no case submission is upheld

operates as a discharge on merit.
The discharge is a bar to further proceedings and the accused can no
longer be arrested or charged on the same offence. See.S.301 CPL,
S.191(3) CPCL, S.239(1) ACJL,
NOTE that under the CPCL, if the accused is discharged under S. 159(1),
the discharge does not operate as a bar to further proceeding. The
accused can be re-arrested and charged for the same offence.
NOTE that proceedings conducted under S.156-159 of the CPCL only
relates to trials at the magistrate court.
If the discharge is made under S. 191(3) and (5) CPCL in respect of trials
at the High Court, it is a discharge on merit and a bar to proceeding in
respect of the same matter.
NOTE that under s.286 CPL, 239 ACJL, 302 ACJA & 357 ACJA,
discharge operates as bar to further proceedings in respect of same
offence.
A ruling on no case submission is appealable. See Aminu Mohd v The
State.(2009).
Where a no case submission is wrongly overruled and the accused gives
evidence & provides incriminating evidence used against him to secure
conviction, such conviction cannot stand on appeal as to hold otherwise will
mean asking the accused to prove his innocence contrary to Secton.36(5)
CFRN. See. Mumini v. The State.(1975)
 The accused can choose to rest his case on that of the prosecution
where he chose not to give evidence in his case and remain silent
because there is no evidence linking him with the offence.
 Right to remain silent is constitutionally guaranteed by s. 36(11) CFRN.
The implication is that the accused is inviting the court to decide the case
based on the evidence provided by the prosecution. See Sulaiman v. the
State (2009).
This option is risky as the accused stands or falls with the evidence
adduced by the prosecution. See Mumuni v State
The supreme court has actually warned that it is reckless for the accused to
insist on resting his case on that of the prosecution when the prosecution
has made out a prima facie case which calls for the accused persons
defence. See Babalola v The State(1989)
The accused should only do so where the prosecution has failed to prove
essential ingredients of the offence. see Ali v State (1988).
An accused person who rest his case on that of the prosecution cannot be
allowed to adduce evidence at the trial. See Sulaiman v The State (2009.)
139
The court will call for address after defendant informs the court that he is
resting his case on that of the prosecution.
This is an option for the defence where the court overrules a no case
submission or where no case submission was not entered after the close of
prosecution case.
The accused is only asked to open his defence.
In this case, three options are opened to the accused.
i. He may make a statement, without being sworn, from the place where
he then is (in the Dock); in which case, he will not be liable to cross
examination; Where the accused choose to give evidence from the dock
without being sworn and cannot be cross examined, his evidence is
admissible but the court may not attach much weight to such evidence.
Or
ii. He may give evidence from the witness box, after being sworn as a
witness; in which case he will be liable to be cross examined;
Remember the defendant is a competent witness but not compellable. or
iii. He may say nothing, if he so wishes as he is constitutionally entitled to
remain silent at his trial.
See S.287(1) CPL, 192 CPLC, 240 (1) ACJL and 357 ACJA. S. 36(11)
CFRN. AJIBAYE V The State(2013)
NOTE that if a no case submission is overruled, the accused is asked to
enter his defence but if he chooses to rest his case on that of the
prosecution, the defence cannot adduce evidence.
At the commencement of case for the defence, he will inform the court the
nature of his defence, whether he is testifying in his own defence, the
witnesses he intends to call and the probable length of time it will take him
to call all his witnesses. See. S.241 CPL,192 CPCL, 269(1) ACJL
NOTE that Opening address is only optional and not mandatory. The
accused can chose to waive same.
In his defence, the accused may raise the following defences;
 Defence of Alibi
 Defence of provocation
 Defence of insanity
 Autre fois acquit or autre fois convict.
 pardon & other defences available to him.
The accused may testify as a sole witness for the defence or may call other
witnesses.
140
The defence and his witnesses testifying (On oath) shall be examined in
chief by the defence, cross examined by the prosecution and reexamined
by the defence (if necessary).
After the close of evidence by the defence, he shall inform the court that
the case of the defence has come to an end. E.g “that’s the case for the
defence”
At any stage in the course of proceeding/trial, there may be need for the
court to visit the scene of crime. This is called locus in quo.
The essence of locus visit is for the court to ascertain facts, clear doubts
and see things by itself to assist it in just determination of the case.
The Visit to Locus can take two forms;
i. The court may adjourn its proceedings to the scene of crime, take
evidence at the scene and adjourn to court to continue its
proceedings. While at the scene of crime, the court will observe all
its rules relating to taking of evidence from witnesses of what it
saw at the locus in quo.
ii. The court may adjourn its proceedings in court to a later date and
fixed a date to visit the locus before the next adjourned date. After
the visit, the proceedings in court resumes on the adjourned date.
Evidence relating to what the witnesses saw at locus will be given
in the court room when the court has returned to the court. See
S.207(1) CPL; S.263(1) ACJA
The accused must be present at the place of locus or at all time when the
visit is carried out. See S. 207(2) CPL; S. 262(2) ACJA.
Application for locus visit can be made by a party subject to the discretion
of the court or can be ordered by the court suomotu. See Unipetrol plc v.
Adireje Ltd (2004).
See also S. 127(1)(2) Evidence Act.
On a visit to locus in quo, it is necessary for the trial to judge make a record
of the proceedings of what transpired at the scene.
The effect of non-compliance with the procedure of locus visit would not
nullify the proceedings unless the accused can show that he suffered a
miscarriage of justice by reason of non-compliance. See Unipetrol Nig Ltd
v Adireje Ltd (supra)
The E x-im p r o vis o rule is a rule of evidence where the prosecution may
be allowed to call evidence in rebuttal of evidence of the defence where the
defence raises some facts not within the contemplation of the prosecution
(in the course of giving evidence). see S. 289 CPL 241 ACJL
The prosecution applies for the leave of court to call evidence in rebuttal.
141
This is the last stage of the trial before judgment. In this stage, parties are
allowed to file and adopt their final written address.
The purpose of final address is to summarize and articulate facts as
contained in the evidence of witnesses before the court and apply the
relevant laws to those facts.
Final address is meant to assist the court in the quick understanding of how
to resolve the issues in the case. see Haruna v University of Agric.
Makurdi (2006)
Closing address does not form part of the evidence before court and the
court is not bound to decide the issues for determination as raised by the
respective parties.
Where the right of final address is denied a party, it may lead to reversal of
the judgement of court where it can be proved that by virtue of the denial, a
miscarriage of justice is occasioned. See S. 294(1) CFRN; Asiru v
Ayoade (2006)
After the close of evidence for both parties, the defence is called upon to
address the court after which the prosecution will also do same and the
defence can only reply on point of law. see S. 202 & 243 CPL, 194(3)
CPCL & 269(1) ACJL
Counsel may waive their rights of giving final address. They cannot be
compelled to make the address.
Under the ACJA, CPCL and CPL states, unless the court directs
otherwise, there is no provision prescribing the form in which the address
should be delivered.
In practice, the defence is given some days (subject to the discretion of the
court) to file his final written address while the prosecution is given a fewer
days to file his own after he might have been served by the defence.
The court now gives the parties a date for adoption of their final written
addresses after which a date for judgment is slated.
In Lagos, under the ACJL, final addresses are expected to be in writing and
to be read in open Court. See. s. 269(2) ACJL
Where the prosecutor is a police o cer (not a legal practitioner) or a private
prosecutor, his right to final address depends on the manner in which the
accused person conducted his defence. Such right may arise as follows:
i. Where the accused person testified in his defence but did not call any
witness or called only a witness as to character and tendered no document,
the prosecutor shall not have a right of reply. S.241CPL, 304(1) ACJA. Alh
v COP (1963)NNLR
ii. Where the accused person testified in his defence and called witnesses
who gave evidence other than evidence as to character or the accused
142
tendered document in support of his case, the prosecution has a right of

closing address. See s.270 ACJL, 302(2) ACJA.
iii. Where the accused person in his closing address introduces new matter
not supported by evidence, with the leave of court the prosecution may
reply to such new matter. See. s.304(1) ACJA
A law o cer or a police o cer who is a legal practitioner has a right of reply
to the address of the defence at all times no matter the strategy adopted by
the defence. See s.243 CPL, 271 ACJL.
Pre-class question for Week 15 (Trial 4)

Jim John, Mshie Aku and Brown Okotebu were arraigned before the High
Court of the Federal Capital Territory, Abuja, for the offence of assault
occasioning bodily harm. Two witnesses were called by the prosecution,
including a medical doctor, who was said to have treated the victim.
At the trial, the Police investigation officer (IPO) recalled how he traced and
arrested the defendants in their various hideouts. He also tendered the
confessional statements supposedly made by the defendants. He equally
submitted in evidence, a bunch of three canes, as exhibits connected with
the crime.
In the heat of cross-examination however, the IPO admitted that he never
visited the scene of crime and that the sticks tendered in evidence were
brought to the police station by the nominal complainant. He also added
that the confessional statements, earlier tendered in evidence were written
at the police station by another police officer. In his own testimony, the
medical doctor tendered a document which shows that the victim was
treated for malaria.
Thereafter, the prosecution closed its case. At this juncture, Jim John, the
1st defendant, a legal practitioner who represented himself, made an
application that the prosecution has not made out any case against him,
which would require him to answer to the charge. However, he was
promptly overruled by the learned trial judge, who rather made an order for
a visit to the scene of crime.
When the trial resumed, the 1st defendant opted to remain silent throughout
the proceedings but the others, not represented by counsel, provided
incriminating evidence which led to the conviction of all the accused
persons.
Answer the following Questions:
(a) Mention the various options open to Jim John, Mshie Aku and Brown
Okotebu at the close of the prosecution’s case?
143
(b) Comment on the propriety or otherwise of the application made by

the 1st defendant at the end of the prosecutions’ case and state
whether the learned trial judge was right in rejecting the application
(c) Assuming that the application of the 1st defendant in (b) above was
upheld, what would be the effect on the substantive matter?
(d) Can the conviction of the court stand in the present instance? Give
reasons for your answer
(e) What are the circumstances which would require a court to make an
order for a visit to the scene of crime?
(f) Outline the procedure for conducting the visit in ( e) above
144
(WEEK 17)
JUDGMENT AND SENTENCING
LECTURE CONTENTS
1. Contents and form of a valid judgment and the effects of failure to
comply with- SS. 245 of the CPL; 268(1) & 269 of the & CPC Law;
275 ACJL, Lagos 2011; 308 ACJA, 2015.
2. Time limit within which to deliver judgment and failure to deliver
judgment within the time set by the constitution- s. 294(5) of the
Constitution.
3. Conviction and Allocutus
4. The power of a trial court to take other offences into consideration
and the power to convict an accused for an offence with which he/she
was not expressly charged.
5. Sentencing alternatives including the death sentence and prerogative
of mercy.
6. Mode of pronouncing the death sentence and effect of non-
compliance with the prescribed mode.-S.402 ACJA, 2015
7. Restorative Justice.
OUTCOMES
At the end of the lesson students would be able to:
1. Identify the contents and form of a valid judgment and the effects of
failure to comply with SS. 245 of the CPL; 268(1) & 269 of the CPC
Law; 275 ACJL, Lagos 2011; 308 ACJA, 2015 and 294 of the
Constitution.
2. Identify the time limit within which judgment shall be delivered and the
constitutional implication of failure to do so within time-s. 294(5) of
the Constitution.
3. Explain the time and procedure for making an allocutus and calling
for Sentencing Hearing.
4. 4. Identify the power of the court to take other offences into
consideration before passing sentence and the power to convict for
an offence not expressly charged.
5. 5. Identify the various types of punishments including the mandatory
sentence for capital offences (death penalty) and the form of
pronouncing such sentences.-S.402 of the ACJA, 2015.
6. 6. Explain the effect of failure to comply with the form of pronouncing
the death sentence as well as the exceptions to the death penalty.
7. 7. Explain the procedure for prerogative of mercy
8. 8. Identify the attractions of restorative justice.
JUDGMENT DEFINED
145
 Judgment (verdict) is defined as

“A Court’s final determination of the rights and obligations of the parties
in a case”.
See Black’s Law Dictionary 7th Edn. Page 846. see S. 6(6)(b) 1999
constitution as amended.
PRELIMINARIES…
 Judgment marks the end of a trial before a competent court.
 Judgment in Criminal Matters in Nigeria is regulated by Ss. 245 CPL;
268(1), 269 CPCL; 275 ACJL; 308 ACJA, & 294 of 1999
Constitution (as amended).
 At the close of evidence by the parties and final address, the court
proceeds to judgment.
 The writing and delivery of judgment/sentencing by a competent court
on all the issues raised by the parties signifies the end of criminal
trial.
ORAL JUDGMENT AND THE LAW
 By section 245 CPL a Magistrate may deliver an oral judgment.
 By section 308(2) ACJA a Magistrate may deliver an oral judgment.
See Unakalamba v Commissioner of Police (1958).
 Note the condition precedents.
 QUEARE: Can a court deliver an oral judgment?
 In Lagos the ACJL via S.275 prohibits oral judgment.
 In the North oral judgment is prohibited.
S. 268(1) CPCL.
CONFLICT OF LAWS ON ORAL JUDGMENT
 Note that there is no conflict between Ss.245 CPL; 308(2) ACJA;
and s.294(1) 1999 constitution (as amended).
See Okoruwa v State (1975).
Where should judgment be delivered?
 PLACE FOR DELIVERY OF JUDGMENTJudgment is to be
delivered in open court. S.36(4) 1999 Const; S. 307 (2) ACJA;
S.203 CPL & .S 200 ACJL.
 Substance of judgment to be explained to the accused in the
language he understands. see s.36(6)(e) 1999 const.
WHEN TO DELIVER JUDGMENT
 Judgment to be delivered when the accused person is present in
Court. See S.352(4) & (5) ACJA.
 If accused is not in Court when judgment is delivered, the entire
proceedings will be a nullity. See Audu v State (2016)1 NWLR
(1494)557; Mohammed v State (2015) 13 NWLR (Pt.1476) 276.
146
FEATURES OF A VALID JUDGMENT

1. JUDGMENT MUST BE IN WRITING.
2. JUDGMENT MUST CONTAIN THE POINT(S) FOR
DETERMINATION.
3. JUDGMENT MUST CONTAIN THE DECISION OF THE COURT ON
THE POINT(S) FOR DETERMINATION.
4. 4. JUDGMENT MUST CONTAIN THE REASON(S) FOR THE
COURT DECISION.
5. 5. MUST BE DATED, SIGNED OR SEALED BY THE JUDGE OR
MAGISTRATE.
JUDGMENT MUST BE IN WRITING
 No court is allowed by law in Nigeria to deliver an oral judgment.
See Ss.245 CPL; 268(1) CPCL; 275 ACJL; 308(1) ACJA &
294(1)CFRN 1999.
See Queen v Fadina (1958); Unakalamba v COP (1958) 3 FSC 7;
Osayande v State;
 Note Okoruwa v State (1975).
 Oral judgment delivered in open court and later reduced into writing in
Judge’s chambers remains an oral judgment.
See State v Lopez (1968)
QUERY: What is the rational?
 Judgment read from note made by the judge during the course of the
trial is an oral judgment.
See Queen V Fadina (1958).
 Judgment read from notes made by the judge’s son/daughter is an
oral judgment.
See Ajayi v State (1978).
 Judgment dictated in court by judge to a stenographer/typist remains
an oral judgment. See Okoruwa v State (1975).
 Judge may write his judgment at the close of evidence before final
address.
See R v Cobolah 10 WACA 283.
 Judge must not deliver such judgment before final addresses.
 Judge may make any subsequent amendments on the written
judgment upon hearing final addresses.
See R v Cobolah (supra).
Can Judgment be delivered in the absence of the Judge who heard the
case?
DELIVERY OF JUDGMENT BY ANOTHER JUDGE
147
 A written and signed judgment by a judge may be delivered by

another, if the trial judge is ill or unavoidably absent.
See S.251 CPL; 262 CPCL; 281 ACJL; S. 315 ACJA.
See AGF v ANPP (2003); Iyela v COP (1969).
Query: Must the inability of the Judge/Magistrate be related to sickness
before this provision can apply? Can the ejusdem generis rule apply?
JUDGMENT MUST CONTAIN THE POINT(S) FOR DETERMINATION
 The judgment must indicate whether or not the accused committed
the offence charged; or
 Whether he committed a lesser offence which he was not charged
but in appropriate cases may be convicted.
 Regard must be had to the substantive criminal law to identify the
ingredients of the offence.
 Regard must be had to the evidence adduced.
 These are the basis for the determination of the guilt or innocence of
the accused.
See Tanko v State (2009).
DECISION OF THE COURT ON THE POINT(S) FOR
DETERMINATION
 Court must make specific findings on each point identified.
 Decision of the court on each point will lead to the findings of the
court.
QUERE: What findings can the court make in a judgment?
Types of finding in a Judgment:

1. NOT GUILTY
 The Court may find the Defendant not guilty of the charge.
 Where such a finding is made the Defendant shall be immediately
discharged and acquitted.
See Section 309 ACJA.
 Note that any delay in release of the Defendant from custody after
finding of not guilty could amount to unlawful detention.
See State v Okpala (2012) 3 NWLR (Pt. 1287) 338; Bamayi v AGF
(2001) 12 NWLR (Pt.727) 468.
(2) GUILTY FINDINGS
 The Court may on the other hand find the Defendant guilty of the
offence(s) charged.
• Where such a finding is made, the court may proceed with or adjourn
for sentencing hearing before passing a sentence.
See s.310 ACJA cf. s.277 ACJL-allocutus
148
DECISION OF THE COURT ON THE POINT(S) FOR DETERMINATION

 The judge must analyse or review the evidence before him to
establish if there is proof beyond reasonable doubt.
See Onafowokan v State (1987); Willie John v State (1967) NMLR 101.
EXTRACTS…John v STATE
“The case is one of facts. The evidence against each of the accused is
overwhelming. It is a surprise that none of them pleaded guilty. I find each
of them guilty on the 2 counts”. John v State.
 The SC quashed the conviction and sentence for non compliance
with section 245 CPL (similar to 329 ACJL).
THE REASON(S) FOR THE COURT DECISION
 The trial court must carefully evaluate the evidence of the prosecution
and defence to form a good reason. See Daudu v FRN (2018)10
NWLR (Pt.1626)169@194 SC.
 Where the trial court prefers a version of the evidence to the other,
the reason must be stated. See State v Ajie (2000).
 Reasons for the decision is not court sensitive. See Nigerian Army v
Aminun Kano (2010); Bakoshi v Chief of Naval Staff (2004).
 Failure to give reasons for the decision will lead to quashing the
decision on appeal.
See Nwaefulu v State (1981); Adamu v The State; Willie John v The
State (1967) NMLR 101.
JUDGMENT MUST BE DATED, SIGNED OR

SEALED BY THE JUDGE
 An undated and unsigned judgment is worthless. See Haruna v
Uni.Agric. Makurdi; Sunday v State (2011); Bakoshi v Chief of
Naval Staff (2004).
 Sealing is an alternative to signature in the North. See s.269(1)
CPCL.
 The relevant date is the date of delivery of the judgment or date of
pronouncement.
 QUERY: WHY
See Ss.245 CPL;275 ACJL;269(1) CPCL; S. 308 (1) ACJA; See AGF v
ANPP.
 In Haruna v University of Agriculture, Makurdi [2006] FWLR (Pt
304) 432, it was held that an unsigned and undated judgment is null
and void and of no effect.
 The trial judge may write and sign a judgment and another judge will
deliver and date it.
149
See AGF V ANPP; S.315 ACJA; S.251 CPL; S.262 CPCL; S.281 ACJL.
 Another judge who delivers a judgment must date and sign it
irrespective of previous signing. See AGF V ANPP (supra).
HOW TO PROVE SIGNATURE & DATE
 The manuscript of the judgment and not the typed judgment that is
used in proving signature and date.
See Sunday v State (2011) All FWLR (Pt. 568) 922 at 941.
EFFECT OF FAILURE TO COMPLY WITH SS. 245 CPL;275 ACJL;269
CPCL;308 ACJA.
 Generally non-compliance renders the judgment a nullity, but it
depends on whether it leads to irregularity or miscarriage of justice.
See Bakoshi v Chief of Naval Staff (2004); Willie John v The State
(1976); Unakalamba v COP (1958); Onafowokan v The State (1987);
Aigbe & Anor v The State 2009); Obareki v State (1982).
Is there a time limit for delivery of Judgment?
TIME LIMIT TO DELIVER JUDGMENT S. 294 (1) 1999 CONST.

 To be delivered within 90days after conclusion of final addresses by
counsel.
 Where parties elects to waive final addresses, time starts to run at
conclusion of the case for defence and the court adjourns for
judgment.
COMPLIANCE WITH THE TIME LIMIT
 Compliance with s. 294(1) is mandatory.
See Shehu v State (1982).
EFFECT OF FAILURE TO DELIVER JUDGMENT WITHIN 90DAYS
 Previously it renders the judgment void under the 1979 const. See
section 258(1) 1979 Const.
 Under the 1999 const. pursuant to s.294(5) failure does not render
the judgment void but voidable.
 It shall be a nullity only if the appellant shows that he has suffered a
miscarriage of justice by reason of the delay.
See Ogbu v State (2003); Aposi v The State (1971).
 Onus is therefore on the appellant.
CONVICTION
WHAT IS CONVICTION?
Conviction is the act or process of judicially finding someone guilty of a
crime- Black’s Law Dictionary 7th edn. Page 335;
See Yalekhue v Omoregbe (1991).
150
PRELIMINARIES ON CONVICTION
 It does not matter that the accused was not given a custodial
sentence.
See Yalekhue v Omoregbe (1991) 3 NWLR (Pt.177) 94.
 The court’s judgment must convict the accused before he is
sentenced.
See R v Ekpo (1947).
WHAT IS THE EFFECT OF FAILURE TO RECORD CONVICTION
BEFORE SENETENCE?
EFFECT OF FAILURE TO RECORD CONVICTION before sentence
 Depends on the circumstances of the case.
 If the finding of guilt can be gleaned from the records, Court will see it
as an irregularity that can be remedied by appellate court.
See Onyejekwe v The State (1992); R v Ekpo (1947).
 If it is not discernible from the records, failure to enter a conviction
may invalidate the judgment and lead to an order of retrial.
See Adamu v State (1986) 3 NWLR (Pt.32)865.
PRELIMINARIES ON CONVICTION
 The court must deliver a verdict on each count where accused is
charged for more than a count.
 Court must deliver a verdict in respect of each count for each of the
accused where more than one accused is charged.
See Oyediran & ors v The Republic (1967).
 The court must also pronounce its sentence on each count or on
each accused/convict.
See Bankole v State (1980).
ALLOCUTUS
 See Ss.247 CPL; 277 ACJL;
197(1) CPCL & 310 (1),311 (3) ACJA.
WHAT IS AN ALLOCUTUS?
 An unsworn statement from a convicted person to the judge in which
he pleads for mercy, explains his conduct, apologise for the crime or
says anything else in an effort to lessen the impending sentence.
Black’s Law Dictionary, 7th edn. Page 75.
POINTS ON ALLOCUTUS
 It is made after conviction or plea of guilty, before sentence.
 The registrar or the judge will inform the convicted person of his right
to make an allocutus.
151
 It is a plea in mitigation, therefore it does not absolve the convicted

person of all punishment.
See Ogbeide v COP (1964).
 Allocutus is ineffective where the law relating to an offence provides a
mandatory punishment or minimum punishment.
 No amount of allocutus will mitigate a capital punishment.
State v John (2013) 12 NWLR (Pt. 1368) 337.
 After the convicted person makes his allocutus, the court proceeds to
sentence.
 Calling for an allocutus by the judge instead of registrar does not
vitiate the sentence.
See S.247 CPL; 277 ACJL.
 Under the CPCL, accused if convicted may elect to call a witness to
character. S.197 (1) CPCL.
 If above, the prosecution shall produce evidence of his previous
conviction before sentence. S.197(2) CPCL.
 Statements made by a convicted person in allocutus is not subject to
cross-examination.
EFFECT OF FAILURE TO CALL FOR AN ALLOCUTUS

 Failure to call on the convicted person to make an allocutus does not
affect the validity of the sentence or trial.
See Edwin v State (2019) 7 NWLR (Pt. 1672) 553 at 565 SC;S.247 CPL;
S. 277 ACJL.
 Allocutus is not a fundamental right in law and neither a defence.
THE POWER OF THE TRIAL COURT TO TAKE OTHER OFFENCE INTO
CONSIDERATION
 This is regulated by S.313 ACJA; S.249(1) CPL; S. 258(1) CPCL;
279(1) ACJL
 The court may take cognisance of other offences pending against the
convicted person before passing sentence.
CONDITION PRECEDENTS
(a) Must have been found guilty of the present offence;
(b) Admission of guilt of those other offences;
(c) Agreed that the other charges be taken into consideration in passing
sentence on him;
(d) (d) The prosecutor of the other charge/AG (north) must also consent.
(e) (e) The offence must have been charged.
(f) (f) The Court must have jurisdiction to try the offence.
152
Accused or his counsel may apply to the court after conviction to take
cognisance of such offences pending against him in other courts.
CAVEATS ON TAKING OTHER OFFENCES INTO CONSIDERATION
 The court must not pass a greater sentence which exceeds its
jurisdiction.
 The maximum sentence to be imposed on the accused shall not
exceed that for the offence which he has been convicted.
AUTRO FOIS CONVICT IN TAKING OTHER OFFENCES INTO
CONSIDERATION
 Where a sentence is passed on the accused after considering other
offences, he cannot again be tried for those other offence unless the
conviction is set aside.
See Ss. 313 (3) ACJA; 279(2)ACJL; 249 (2) CPL.
CONVICTION FOR AN OFFENCE NOT EXPRESSLY CHARGED
 Accused can only be tried and convicted for an offence which he has
pleaded and expressly charged.
See Ss. 215 CPL and 36(6)(a) 1999 constitution.
EXCEPTIONS FOR CONVICTION FOR OFFENCE NOT EXPRESSELY
CHARGED
 Statutes have provided exceptions:
See Ss. 223- 231 ACJA; 169, 173-179 CPL; 217-218 CPCL; 166-171
ACJL;
 The court can convict for a lesser offence not charged provided it is
supported by evidence where accused is charged with offence
consisting of several particulars.
 Ingredients must be embedded in proof of the main offence.
See Babalola v State (1989); Kada v State (1991).
 An accused charged with a grave offence is deemed to have notice of
the lesser offence. See Nwachukwu v State (1986); Uguru v State
(2002).
 An accused charged with manslaughter cannot be convicted for
murder.
See especially S.228 (1) ACJA.
 The offence convicted must carry a lesser punishment.
 See s.169 ACJL; s.217 & 218 CPCL; s. 175 & 177 CPL.
 Accused charged with an offence may be convicted of attempt to
commit that offence.
See Ss.160 ACJL; 169 CPL; 219 CPCL;
S. 224 ACJA.
153
 An accused convicted of attempt to commit a substantive offence

cannot be prosecuted again for the substantive offence.
 See Ss. 171 CPL; 162 ACJL; S. 226 ACJA& s. 36(9)Const.
 Prosecution may at the close of evidence but before judgment apply
to amend the charge to include the substantive offence.
See Ss.162 CPL; 155(1) ACJL.
 Note the mandatory procedure the court must follow in s.156 ACJL &
164 CPL.
 Where the charge is amended to include the substantive offence, it

will be deemed to be in the alternative so that accused cannot be
convicted on both.
See Azie v The State (1973).
 Convict cannot be charged for a Federal offence and convicted under
State offence.
See Bello v State (2020) 3 NWLR (Pt. 1710) 72 @ 92 SC.
CONDITION PRECEDENT TO CONVICTING FOR A LESSER

OFFENCE
 The grave offence and the lesser offence must both be provided for
under the same law.
See FRN v Adeniyi (2019) 7NWLR (Pt. 1671)238 SC; Okobi v State
(1984).
AMENDMENT OF JUDGMENT
 Once a Judge pronounces judgment he becomes functus officio.
See Unakalamba v COP; s. 275 CPCL;
In Bakare v Apena (1986) 6 SC 460 – The judge after delivering
judgment discovered an error and amended the judgment. Thereafter he
invited the parties and delivered the amended judgment. The amended
judgment was nullified.
WHEN JUDGMENT MAY BE AMENDED
 Judgment may be amended in certain circumstances.
See Ss. 254 CPL; S. 318 ACJA.
INSTANCES WHEN JUDGMENT MAY BE AMENDED AFTER
DELIVERY
1. To correct clerical error.
2. To correct errors from accidental slip.
3. To make the intention of the court clear.
4. 4. In the case of execution of sentence of canning based on medical
evidence.
154
5. See S.309 CPCL.

6. 5. On conviction for contempt in facie curie. S.317 CPCL.
MODE OF DELIVERY OF JUDGMENT
 Composition of trial court to remain constant from commencement to
judgment.
 If composition is altered, case to start de novo. See Iyela v COP
(1969) N.M.L.R 130.
 If case starts de novo, evidence in the previous trial is abandoned.
See Uguru v State (2002).
EXCEPTIONS
 See Ss. 315 ACJA; 251 CPL; 262 CPCL; 281 ACJL.
 See especially s.396(7) ACJA on the elevation of a Judge and the
impact of Ude Jones Udeogu v Federal Republic of
Nigeria (unreported Appeal No SC. 662C/2019.
JUDGMENT AT COURT OF APPEAL AND SUPREME COURT
 See s.294 (2) 1999 Const.
 Every Justice who heard the case must express and deliver his
opinion in writing.
 Alternatively he may state that he adopts the opinion of any other
justice who delivers a written opinion.
 All Justices who sat on the case need not be present to deliver
judgment.
See N.J.C v Dakwang (2019) 7 NWLR (Pt. 1672) 532 at 546 SC.
 One Justice of the court suffices whether or not he was among the
panel.
MAJORITY DECISION
 Decision of a Court consisting of more than one judge is determined
by opinion of the majority. See N.J.C v Dakwang (2019) 7 NWLR
(Pt. 1672) 532 at 552 SC.
 Change of quorum of trial court and appellate court between hearing
and delivery of judgment: Distinction thereof. See N.J.C v Dakwang
(2019) 7 NWLR (Pt. 1672) 532 at 551-552 SC.
 If the judge ceases to be a Justice of the court before the date fixed
for judgment, his opinion cannot be read/delivered but pronounced.
See Shitta-Bey v AGF (1998) 10 NWLR (Pt.570) 392; A.G Imo v A.G
Rivers (1983) 8 S.C 10; Ajiboye v Ishola (2006) 13 NWLR
(Pt.998)628.
DELIVERY OF JUDGMENT
• Where upon delivery of judgment and a verdict of not guilty is
entered, defendant must be released immediately. S.309 ACJA.
155
• Note that any delay in release of the Defendant from custody after
finding of not guilty could amount to unlawful detention.
See State v Okpala (2012) 3 NWLR (Pt. 1287) 338;Bamayi v Attorney
General of the Federation (2001) 12 NWLR (Pt. 727) 468.
WHAT IS SENTENCE?
 Sentence is defined as “the punishment imposed according to law on
a criminal wrongdoer after his conviction”. see Black’s Law Dictionary
7th Edn. Page 1367;
 see also Yalekhue v Omoregbe (1991) 3 NWLR (Pt.177)94.
ACJA APPROACH TO SENTENCING
 The Administration of Criminal Justice Act 2015 appears to recognize
both concepts of retributive and restorative justice.
• Consequently, section 401(2) ACJA of the Act clearly captures the
following main objectives of sentencing:
SENTENCING OBJECTIVES UNDER ACJA
 Prevention-Persuading the convict to give up committing offence in
the future because the consequences of crime are unpleasant.
 Restraint- keeping the convict from committing more offence by
isolating him from society.
 Rehabilitation- Providing the convict with treatment or training that
will make him into a reformed citizen.
 Deterrence- Warning others not to commit offence by making an
example of the convict.
 Education of the public- Making a clear distinction between good
and bad conduct by punishing bad conduct
 Retribution- Giving the society or the victim revenge.
 Restitution- Compensating the victim or family of the victim of the
offence.
 See generally section 311(2) ACJA.
PRELIMINARY POINTS ON SENTENCE
 The courts sentence must be pronounced in open court.
See Ss. 198 CPCL; 281 ACJL; 251 CPL.
 It must also be pronounced in the presence of convict.
See Asakitipi v State (1993); Ss. 352 (5) ACJA; 281 ACJL; 251 CPL.
• The sentence of the court must be the one prescribed for the offence
in the law creating it. See Ekpo v State (1982); s. 377 CPL.
• If the court omits to pronounce sentence, the error may be corrected
at Appeal as an irregularity.
See Azabada v State (2014).
156
 The court is not bound to impose the maximum sentence on the

accused except, it is a mandatory punishment.
See Olanipekun v State (1979); Isaac Slap v AGF (1968).
 Where it is not a mandatory punishment the court may impose a
punishment below the maximum.
See Slap AGF (1968); s.17 Interpretation Act.
 No discretion to go below the minimum penalty.
See Dada v Board of Custom & Excise (1982); s.23(5)CPCL;s.
382(5) CPL; s. 320(5) ACJL.
 Where penalty is a term of imprisonment without an option of
fine, upon conviction the court lacks the power to impose option of
fine in lieu of imprisonment.
See Dada v Board of Custom & Excise (1982).
 Where the law provides penalty and is silent on the option of fine, the
court can exercise discretion to impose fine in lieu of penalty.
See Ss. 23(1)CPCL; 382(1)CPL; 316(1) ACJL.
 Sentence to be pronounced by the court for every count of offence
which an accused is convicted. See Oyediran v Republic (1966).
 The sentence may also take effect retrospectively.
 Note that the Supreme Court held in AYOMITAN v State (2018)
LPELR-45700(CA) that commencement date of a sentence is from
the date of conviction.
CUNCURRENT AND CONSECUTIVE SENTENCE
 A court that pronounces more than one sentence in a trial may direct
whether or not the sentence will run concurrently or consecutively.
See S.314 ACJL.
 Where the court is silent, the sentence will run consecutively.
See S.24 & 312 CPCL.
CLASSIFICATION OF SENTENCE
1. Custodial Sentence;
2. Non custodial Sentence.
DEATH SENTENCE
 Capital offences attracts death penalty.
 The Supreme Court has held that death sentence is legal in Nigeria.
See Kalu v State (1998).
MODE OF EXECUTION OF DEATH SENTENCE
 Armed robbery is via firing squad.
See s.1(2) (a)&(b) of Robbery & Fire Arms (special Provisions) Act
1984.
157
 Execution of sentence of death is by hanging- See Ss.367 CPL; 273

CPCL; 301 ACJL;
But see S.402 (1) ACJA;
PERSONS EXEMPTED FROM BEING SENTENCED TO DEATH:
 PREGNANT WOMAN
 The relevant status of the woman is her status at the time of
conviction not commission of the offence.
 If she is found guilty of a Capital Offence, she shall be sentenced to
life imprisonment.
See Ss.368(2) CPL; 302(2) ACJL; ss. 270, 271 & 300 CPCL.
SENTENCE OF DEATH AND PREGNANT WOMAN UNDER ACJA
o See S. 404 & 415 (4) ACJA.
o She shall be sentenced to death.
o Execution to be stayed until baby is delivered and weaned.
o But Compare S. 404 & 415 (4) ACJA with s.221 (2) Child’s Right
Act.
SENTENCE OF DEATH AND PREGNANT WOMAN UNDER CHILD’S
RIGHT ACT
 Pregnant woman or nursing mother shall not be sentenced to death.
See S.221 (2) CRA CAP C50 LFN 2004.
 Court to consider non-institutional sentence. See S.221(3) CRA.
 To be kept at a Special Mothers Centre. S.221 (4) CRA.
 Pregnant woman and child not to stay more than 6yrs at SMC.
See S.221(5) CRA.
 Mother may be released after the child attains 6yrs or after the death
of child while in SMC. See S. 221 (6) CRA.
SENTENCE OF DEATH
AND PREGNANT WOMAN
 The woman is entitled to inform the court of the pregnancy before
sentencing.
See Ss.376(1)CPL;311(1) ACJL; 271(1) CPCL; 415(1) ACJA.
 A convicted and sentenced woman convict who becomes pregnant
before execution shall have her sentence changed to Life
Imprisonment.
See s.376(5) CPL.
PROOF OF PREGNANCY
 The proof must be convincing & overwhelming. See S.415 (2)ACJA.
APPEAL ON DECISION OF THE COURT ON PREGNANCY OF A
WOMAN
158
 Appeal as to whether or not a woman convict is pregnant lies direct to

the Supreme Court.
See s.376(4)CPL;271(4) CPCL.
 But see s.311(4)ACJL.
 Consider the constitutionality of Ss.376(4)CPL & 271(4)CPCL with
s.233(1)1999 Const.
YOUNG PERSON
• A person who has attained the age of 14 but has not attained 18yrs.
See S. 2 CPL & the Children & Young Persons Law of various
states.
• A young person who has not attained the age of 18 at the time of
committing a capital offence shall not be sentenced to death.
See Ss.368(3) CPL;272(1) CPCL;302(3) ACJL.
YOUNG PERSON AND DEATH SENTENCE
 Young person to be detained at the pleasure of Pres./Gov.
See Ss.363(3)CPL; s.272 CPCL; s.302(3) ACJL; Guabadia v The
State (2004).
 He may be discharged during such pleasure by the
president/governor on licence.
See Ss.401(1)(2) CPL; s.330(1)(2) ACJL; s.303(1)(2) CPCL.
ACJA AND DEATH SENTENCE
FOR A YOUNG PERSON
 No sentence of death pronounced.
 Shall be sentenced to Life Imprisonment or to such other terms.
 See s.405 & 401 ACJA.
FORM OF PRONOUNCING THE DEATH SENTENCE
 S.367(2)CPL; S.301(2)ACJL.
“The sentence of the court upon you is that you be hanged by the
neck until you be dead and may the Lord have mercy on your
soul”.
format of ACJA. S.402 (2)
‘The sentence of the Court upon you is that you be hanged by the
neck until you are dead or by lethal injection’.
EFFECT OF FAILURE TO COMPLY WITH THE FORMAT
 Failure to comply with the format of pronouncing a death sentence is
not fatal to the trial.
 It is regarded as a clerical error rectifiable by the trial judge or the
appeal court
See Gano v The State (1969)
Olowofoyeku v The State (1984).
159
DEATH SENTENCE & PREROGATIVE OF MERCY. S.175 & 212 1999

CONST.
 A person sentenced to death may appeal to president/Gov. for
prerogative of mercy.
 Upon imposition of death sentence on a convict, the court shall notify
the AGF/AGS/Minister by:
 forwarding a CTC of the record of proceedings.
 A certificate stating that death sentence has been passed on the
person named therein.
 A written and signed report containing his observations and
recommendations relating to the trial.
 See Ss.371CPL; 294(1)CPCL; 307 ACJL; 312, 407-410 ACJA.
DEATH SENTENCE + PREROGATIVE OF MERCY
 The AGF/AGS will send the report to the council’s responsible for
exercise of prerogative of mercy to consider the suitability of the
convicts case for mercy
 Based on the councils report the AGF/AGS will recommend as
follows:
RECOMMENDATION OF AGF & AGS
(i)That the convict be pardoned.
(ii)Sentence be commuted to life imprisonment
(iii)Sentence commuted to any specific period
(iv)Sentence to be carried out.
WHERE TO APPLY FOR MERCY
 The Federal Advisory council on prerogative of mercy is the council
of state.
 See Ss.175(2) & 212(2) 1999 constitution.
 Application for mercy made to Supreme Court was refused in Okeke
v State (2003).
EXECUTION OF DEATH SENTENCE
 Sentence of death shall not be carried out unless confirmed by the
President or the Governor.
 Appeal against death sentence acts as a stay.
See Bello v A.G Oyo State (1986).
IMPRISONMEMT.
S. 416 ACJA.
 This is a form of custodial sentence.
 the convict is to be remanded in prison until the expiration of the term
of imprisonment.
160
 Court may order that the imprisonment shall be with or without hard
labour.
POINTS ON IMPRISONMENT
• Where no specific order is made it will be deemed to be with hard
labour. s.377CPA;s.312 ACJL
• The term of imprisonment prescribed as punishment for the offence is
the maximum.
• Where the law states that a term of imprisonment is the minimum, the
sentence becomes mandatory and fine cannot be imposed.
See s.382(5)CPL; 316(5)ACJL; s. 23 (5) CPCL.
• Sentence may run concurrently or consecutively. See Ss.24 (1)
CPCL;314 ACJL; 418 ACJA.
CONCURRENT AND CONSECUTIVE TERMS
• If sentence is to run concurrently, convict will serve the highest of all
the terms.
• If the sentence is to run consecutively, convict will serve aggregate
of all terms.
See s.416 (2)(i) ACJA.
LIMITATION ON IMPOSITION OF TERMS
 Note the power of the High Court (s.272 1999 const.) and
Magistrate Court to impose punishment in the South and North.
 But see s. 257 CPCL
 M.C in the South cannot exceed the limit of its power to impose
punishment. s.308 CPL.
 For Lagos it must not exceed 14yrs.
See s.314 ACJL and S.29 (5)Magistrate Court Law, 2009 Lagos
 M.C in the North the aggregate shall not exceed twice the limit of its
power.
See s.24(2)CPCL.
POINTS ON IMPRISONMENT
 A term of imprisonment comes into effect immediately it is
pronounced or not later than 3months thereafter.
See S.393(3) & 381 CPL.
 In Lagos, and ACJA period of detention must be included.
See Ss.315 ACJL; 419 & 431 ACJA.
SENTENCE OF FINE
 See Ss.389 CPL; 318 ACJL; 427 ACJA; 74 PC.
 It is a pecuniary punishment.
 Entails the payment of money as punishment.
 It may be in addition to imprisonment or independent.
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DEFAULT IN PAYMENT OF FINE…

• Where a convict defaults in the payment of fine as punishment,
he will be liable for imprisonment for a certain term.
See S.390(3) CPL; S.319(3)ACJL; S.23 (3) CPCL; 428 ACJA;
 Where sentenced to imprisonment & fine and he defaults in
payment of fine, he will be liable for additional term
imprisonment.
 The amount of fine payable if not stated in the law is at the court
discretion.
See Ss.390(2)CPL;s.319(2)ACJL & s. 74 P.C
 Court must have regard to the means of the convict.
See Ss.391 CPA; s. 320 ACJL & 427 (1) ACJA.
 Convict may appeal on grounds of excessive fine imposed on
him.
See Goke v COP (1957).
DESTINATION OF THE PROCEEDS OF FINE

• The proceeds of the fine is payable to the victim/informant to offset
expenses, payment of any court fees and remainder goes to general
revenue.
See Ss.391 CPL; s. 320 ACJL.
CANING
 See S.387CPL; S.308 CPCL; 77 PC.
 There is no sentence of canning in Lagos State.
 Under the CPL Sentence of canning in certain cases may be in
addition to other punishment.
See s.387 CPL;s.77 P.C
CIRCUMSTANCES INCLUDES:
 The offence must carry an imprisonment term not below 6 months.
 Regard must be had to the prevalence of the offence.
 Antecedents of the convict must be x-rayed.
See s.387CPL;s.77 P.C
 The number of strokes must be specified in the sentence and it must
not exceed 12 strokes- See s.386 (1)(2)CPL; s.308(5) CPCL & 77
Penal Code.
 It must be administered with a light rod or a light rattan cane or birch.
 See s.386(1) CPL; s.308(5)CPCL.
SENTENCE OF CANNING NOT TO BE PASSED ON THESE
PERSONS:
(a) A female offender- See S.385 CPL; s.308(4)(a)CPCL.
162
(b) A Convict sentenced to death-

See s.308(4)(b)CPCL.
(c)Male offender of 45yrs and above-
See s.385CPL & s.308(4)(c)CPCL.
• Note that the convict must be medically fit.
See s.309(1)(2) CPCL.
POINTS ON SENTENCE OF CANNING
 Note that in the South East sentence of canning is only retained as
punishment for juvenile offenders- Criminal Procedure Law of Eastern
Region 1963.
 Execution of sentence of canning shall not be by instalment-
See s.308(3)CPCL.
APPEAL AGAINST SENTENCE OF CANNING
• Appeal against sentence of canning is 15days-281(1)CPCL.
HADDI LASHING: S.307 CPCL

 Applies only to Muslim faith practitioners in the North. See
s.307(2)CPCL.
 Essence is to inflict disgrace on the offender rather than pain- S.4
Criminal Procedure (Haddi Lashing) Order in Council 1960.
 It is an additional penalty to that already imposed. See S.68(2) PC.
HADDI LASHING AVAILABLE IN THE FOLLOWING CASES
 Morality.
 adultery by a man. See s.387 PC;
 adultery by a woman. See s.388 PC;
 Drunkenness. See Ss.401,402,403,392,393 PC
 Taking alcoholic beverages for medicinal purpose is not an offence
under the PC.
PROCEDURE FOR EXECUTION OF HADDI LASHING
 To be carried out in an enclosed place accessible to public.
 Done with a soft tingle thronged leather whip.
 To be done by a person of moderate physique.
 Must hold the whip with 3rd,4th& 5th finger of right hand.
NON CUSTODIAL SENTENCE
• See the United Nations Standard Minimum Rules for Non-Custodial
Measures (The Tokyo Rules) 1990.
TYPES OF NON CUSTODIAL SENTENCE
PROBATION
See Ss.341 ACJL; 453-458 ACJA
163
 RESTITUTION OF STOLEN PROPERTY.

See ss. 297 & 341(3)ACJL; s.270 CPL.
INDING OVER
See Ss. 300 & 309 CPL; s. 25 CPCL.
FORFEITURE ORDER.
See Ss. 290 ACJL; s. 68(1)(b) PC.
 PAYMENT OF DAMAGE FOR INJURY OR COMPENSATION.
See Ss.285,341(2) ACJL.
 SUSPENDED SENTENCE. S.460 ACJA.
 COMMUNITY SERVICE. Ss.347 ACJL; 460 (2) ACJA.
OTHER FORMS OF SENTENCE

 CONFINEMENT AT A REHABILITATION & CORRECTIONAL
CENTRE. See s.348 ACJL; s.68(1)(d) PC.
 DEPORTATION. See Ss. 402-412 CPL; 331-339 ACJL; 439-451
ACJA.
 NOTE THE CONDITIONS FOR PAROLE TO BE APPROVED: See
s.468 ACJA.
RESTITUTION AND COMPENSATION
• See
• While fines go to the State, restitution or compensation is money paid
by the defendant to the victim or victim’s estate or to a state
restitution fund.
• Offenders may be required S.321 ACJA to return or replace stolen
or damaged property, to compensate victims for physical injuries or
for medical and psychological treatment costs, or to pay funeral and
other costs where a victim dies.
• The defendant may be ordered to pay restitution either as an
alternative to imprisonment or as just one part of the sentence, in
addition to prison, community service, and/or probation.
• Section 321 of the ACJA specifically provides for restitution and
compensation as sentencing options.
PROBATION S.457 ACJA
• Probation is a post-conviction order whereby a convict is discharged
or released from confinement on conditions and under court
supervision.
• If the probationer violates a condition of probation, the court may
revoke the probation and proceed to sentence the probationer to
imprisonment.
• Usually, the conditions for probation are at the discretion of the court.
164
WHEN TO MAKE PROBATION ORDER

• Under section 454 ACJA the court may make a probation order only
where the offence against the defendant has been proved but it
considers that it is expedient to release the defendant on probation
having regard to the following considerations:
CONSIDERATIONS TO CONSIDER
A. The character, antecedents, age, health or mental condition of the
defendant.
B. The trivial nature of the offence; and
C. The extenuating circumstances under which the offence was
committed.
PROBATION DURATION
• By section 454 (2)(b) ACJA the probation period shall not exceed 3
years.
• The conditions for probation are stipulated in section 455 ACJA.
PAROLE.
SECTION 468 ACJA
• Parole is a conditional release from incarceration (prison sentence)
during which a prisoner promises to abide by certain conditions and
submits to the supervision of a parole officer (a supervisor).
• Any violation of those conditions would result in the return of the
person to prison.
• A parole can only be ordered on the basis of a report by the
Comptroller-General of Prisons to the court recommending the
prisoner on the grounds that the prisoner is of good behavior;
• The prisoner must have served at least one-third of his prison term of
at least 15years or life imprisonment.
• The court may release the prisoner with or without condition.
SUSPENDED SENTENCE
S.460 (1) ACJA
 Suspended sentence was previously assumed to be alien to our
criminal justice system.
See State v Audu (1972); Ekpo v State (1982);
See Ss.381 CPL; 302 CPCL;315 ACJL.
• A suspended sentence involves the judge imposing a prison
sentence but suspending it on certain conditions.
• This means that the offender is not sent to prison if he/she does not
break the conditions.
CANCELLATION OF SUSPENDED SENTENCE
165
• If the offender breaks a condition during the period for which the
sentence is suspended, he/she will have to serve the term of
imprisonment originally imposed.
RESTRICTION ON IMPOSITION OF SUSPENDED SENTENCE
• Section 460 (3) ACJA prohibits order for suspended sentence for an
offence involving;
 the use of arms or offensive weapon,
 sexual offence or
 an offence which the punishment exceeds 3 years imprisonment.
COMMUNITY SERVICE ORDER
• See section 461 ACJA.
• This is a non custodial sentence.
• The convict is sentenced to perform certain community service
subject to supervision.
• Where he fails he will then be given a custodial sentence.
COMMUNITY SERVICE DURATION

• The service is to be performed for a period of not more than 6
months.
See section 462 (1) ACJA.
• The convict not to work for more than 5 hours a day.
See section 462 (1) ACJA.
COMMUNITY SERVICE AND SENTENCE OF IMPRISONMENT
• A convict sentenced to community service shall not also be
sentenced to a term of imprisonment.
• It is an alternative to a term of imprisonment.
• The convict may however be sentenced to term of imprisonment
upon default in performing the community service.
See generally section 461 (7) ACJA.
DEPORTATION
• See Ss.439 ACJA; 331 ACJL.
• Deportation is a legal expulsion or removal from Nigeria of a person
not being a citizen of Nigeria.
• It is one of the alternatives to imprisonment provided for under the
ACJA.
• Under section 440 ACJA, where a defendant is convicted of an
offence punishable by imprisonment without option of fine, the court
may, in addition to or instead of any other punishment, make
recommendation to the Minister of Interior that the convict be
166
deported, where it is in the interest of peace, order and good

governance.
• Above applies only to foreigners.
RESTORATIVE JUSTICE AND RETRIBUTORY JUSTICE

 Restorative justice is reformatory and rehabilitatory in nature.
 It emphasises the remedy available to the victim and community as it
is restitutory.
 It encourages the reintegration of the offender to the community;
 It is also reconciliatory in nature.
ASSIGNMENT ON JUDGMENT AND SENTENCING

1. List the features of a valid judgment generally and identify the one not
represented or missing in the trial courts judgment in the scenario.
2. Assuming the signing of the judgment is in issue, how may the
signature of the judge be proved?
3. Using judicial and statutory authorities what is the effect of non-
delivery of the judgment within the constitutional time prescribed by
law on the accused persons under the 1999 constitution?
4. Using the scenario below, students should make a detailed and
concise ALLOCUTUS not exceeding two hundred words each for the
2nd accused convict before the court.
5. Using the scenario below, students should comment on the
justification or otherwise for the conviction of the first accused convict
for conspiracy being an offence of which he was not charged but a
lesser offence and the sentence imposed.
6. What are the condition precedents to be considered by the court
before it can take other offences into consideration when convicting
an accused person?
7. Using the scenario below, students should comment on the
justification or otherwise of the imposition of death sentence by firing
squad and canning pronounced on the second accused person by
the trial judge.
RAMPAM ALECHENU SCENARIO
THE STATE - COMPLAINANT

VS
1. RAMPAM ALECHENU}
2. MUSA UGOCHUKWU } - ACCUSED
167
Background Story
Rampam Alechenu, Musa Ugochukwu and Igho Adetokunboh are OND 1
students of the DORBEN Polytechnic, Bwari. They jointly paid for and
occupied a one bedroom flat at the One Love Housing Estate along
Nigerian Law School Road, Bwari. On 20th march, 2007, Hon Justice Silas
Adetokunboh of the Lagos division of the Court of Appeal decided to visit
his son Igho at the estate after the law dinner at the Nigerian Law School
Headquarters, Bwari. He was informed that Igho left the quarters a month
before and had not returned.
The matter was reported at the Bwari Divisional Police Headquarters
consequent upon which Rampam Alechenu and Musa Ugochukwu were
arrested. Upon arrest, Rampam Alechenu informed the police that at all
times material to the case, he was away attending a workshop in Lagos.
Musa Ugochukwu on his part claimed he knew nothing about the sudden
disappearance of Igho but that a few days before his disappearance, Igho
and his girlfriend, Ego Ikpotu were discussing about travelling to Canada.
Ego is now in Canada but nothing is heard from her concerning Igho.
Rampam and Musa have been charged and have been standing trial for
the murder of Igho.
The only evidence against the accused persons was the unexplained
absence of Igho. The prosecution called 25 witnesses all of whom testified
that the trio were together on 20th February, 2007, the day Igho was last
seen. A submission of no case to answer was made on behalf of the
accused persons at the close of the case for the prosecution which the Trial
Judge dismissed without much ado. Rampam entered upon his defence
and called 45 witnesses all as to his good character alone. Musa on his
part, refused to give evidence. Final addresses were concluded on 12
December 2007 and the judge adjourned to 30th February 2008 for
Judgment. The court did not sit again until 16th June 2008 when the
Learned Trial Judge, Hon. Justice Maza Maza Suuso delivered the
considered judgment of the court in the following terms:
Judgment
This is the judgment of this court. But before I go further, may I request
counsel to confirm that the name of the 1st accused is Musa Ugochukwu
and that 25 witnesses testified for the prosecution while 45 testified for the
defence. This inquiry is absolutely necessary because according to my
religious faith I must do justice in any case that involves life and death. May
I also mention that the judgment of this court could not be delivered as
scheduled because of the partial stroke of the left brain which I suffered on
168
3rd January 2008? I had to take some time to regain my memory. Thank
God I am perfectly alright now.
Now back to the judgment of this court. When this case came up for
hearing on 10th August 2007, the prosecution called 25 witnesses. At the
close of the prosecution’s case a no case submission was made on behalf
of the 2 accused persons. I rightly overruled the submission because it
would amount to insanity to uphold a no case submission where 25
witnesses have testified in a murder case. Let me mention at this stage that
I believe the evidence of the prosecution witnesses. After the no case
submission was overruled, the 1st accused entered upon his defence and
called 45 witnesses who testified as to his impeccable character. Even a
Mai gadi without any proper training would believe the testimony of these
witnesses because 45 witnesses cannot come to court and lie consistently
on one point. I cannot believe any less.
For the avoidance of doubt, I find the case of murder not proved against the
1st accused and he is hereby discharged and acquitted. However, under
the law, I have powers to convict an accused person for a lesser offence.
See Nwachukwu Vs. The State. I hereby convict the 1st accused person for
conspiracy.
For the 2nd accused person, the evidence against him is overwhelming. In
fact his refusal to testify after his no case submission was overruled is, in
law, itself a testimony against him. Let me also mention that his silence was
not only rude but also contemptuous. His counsel identified two issues:
one, whether there is evidence that the deceased died. Two, whether there
is any evidence linking the accused to the death of the deceased if he ever
died? Three, whether my failure to take evidence in long hand or through
any other source does not deprive me of the opportunity to have full
account of all the evidence led before me? Let me say without any fear of
contradiction that I barely stopped short of asking for the call to Bar
Certificate of the learned counsel because I cannot believe that a lawyer of
over 10 years standing can argue in this manner. But for purposes of
setting the records straight let me put the law in perspective. On the 1st
issue whether the deceased died, I must say that the law is well settled that
if a person is away for a reasonably long period without being heard of by
those who should ordinarily hear from him, he is presumed dead. I consider
6 months reasonable time. It is elementary and I cannot waste precious
time on this point.
On the 2nd issue whether the 2nd accused is linked to the murder of the
deceased, the position of the law which has been long established is res
169
ipsa loquitor meaning the thing speaks for itself. The fact that the deceased
was last seen with accused is conclusive of that fact.
The last issue merits no comment as there is no legal authority requiring
me to take note of evidence or to write down a judgment from a common
source or at all. What is important is that I can remember all that transpired
in my court. On the whole, the 2nd accused person is hereby sentenced to
death by firing squad. As a deterrent to other liars, he is also to be given 12
strokes of the cane before execution of the sentence of death.
170
(WEEK 18)
APPEALS 1:
OUT COME:
• At the end of this topic, students should be able to:
• 1. Explain the basis of appeal and appealable decisions.
• 2. Explain the appeal procedure from the magistrate court up to the
supreme court.
• 3. Identify the power of a court to hear appeals and a right of a
person to appeal in a criminal matter.
• 4. Explain the effect of the court of appeal and supreme court
practice directions on criminal appeals.
• Meaning: It is an invitation to a higher court to find whether on
proper consideration of the facts placed before a lower court and the
applicable law, the lower court arrived at a correct decision. see
Aredoyin vs. Arowolo (1989) 4 NWLR. (pt. 114) p.172. Eweka vs.
S.C.O.A. (2000) 3 s.c. p. 21 at 31.
• Appeal usually stems from the dissatisfaction of a party to the
decision of a lower court against him.
RIGHT OF APPEAL:
S. 243 CONST.
• Right of appeal is statutory. There is no general right of appeal and a
person can only appeal if there is a statute giving him a right to
appeal.
• In Nigeria, the right of appeal, the jurisdiction of the court to hear
appeal, the procedure of appeal and the procedure of hearing the
appeal is governed by the Const. and other statutes including
subsidiary legislations and the rules of courts. see Adigun & ors. vs.
A.G. Oyo State (1987) 2 N.W.L.R. (pt. 56) p. 197.
WHO MAY APPEAL
• The following are those entitled to appeal:
• (i) A person convicted.
• (2) The prosecutor
• Note:
• (1) Estate/heirs & personal representatives of a deceased
appellant can continue with appeal in cases punishable with fine.
See R. vs. Roni (1955) 29 p. 57.; Re: Abdullahi (2018) 14 N.W.L.R.
(Part 1639) at 290 – 292.
TYPES OF APPEAL:
1. Appeal as of right - 241(1), s. 233(2) Const.

171
• 2. Appeal with leave - s. 241(1) s.233(2)

• 3. Interlocutory appeal – Nwosu vs. State (1990) 7 N.W.L.R. (pt.
162) p. 344
• 4. Appeal against final judgement.
• 5. Appeal from the Magistrate court to the High court.
INTERLOCUTORY PROCEEDINGS SIMILAR TO APPEAL:
(1) Case Stated: - SS.295 CFRN,65 MCL. Is a reference of a question
of law, which depends on the interpretation or application of the
constitution, to a higher court for an opinion.
A case may be stated to a Higher court for its opinion before or after
a judgment at the instance of the A.G., parties or by the court, suo
moto. FRN v Ifegwu ,R v Eze.
-A case stated is not an appeal.
CASE STATED BEFORE JUDGMENT
• A case may be stated to a higher court before the judgment in the
following circumstances:
• (1) When the Attorney General at any stage before judgment directs
a magistrate to refer a point of law arising from a trial for the opinion
of the High court. 2. 65 MCL.Lagos, 2004.
• (2) On the application of either party to a proceeding. s. 259 Const.
• (3) When the court or a magistrate so directs suo motu S. 65MCL.
Lagos, 2004.
CASE STATED AFTER JUDGMENT
• After judgment, the attorney general may within six months of a
judgment direct the magistrate to state a case thereon for the
decision of the High court. s. 66 MCL Lagos, 2004’
• Note also that an appeal is distinguishable from applications for
prerogative orders such as an order of Habeas corpus, Certiorari and
an order of Mandamus.
(2) PREROGATIVE WRITS:
(1) Are issued by the court in the course of proceedings when
there is direct interference with rights or property of accused.
They are not issued as of right. a person seeking for the
issuance must show violation of personal liberty or property
rights by proceedings or order of court. It is applied for before or
after judgment. State v Falade.
TYPES OF PREROGATIVE WRITS
• (a).Habeas corpus- it is applied for to order release from
custody or procure attendance to court of person unlawfully
detained. see Gwaram v Supt. of Prisons.
172
• (b).Prohibition- used by the High court in supervisory role over

Magistrates court & ors. State v Chief Mag. Aboh-mbaise.
• (c) Mandamus- opposite of prohibition. it is issued to compel the
performance of a duty. Fawehinmi v. Akilu.
• (d) Certiorari – by this, high court may quash proceedings or order
of lower court where it acted without jurisdiction or there is
irregularity in its proceedings. State v Falade.
•
APPEAL FROM THE MAGISTRATE COURT & OTHER IMPERIO
COURTS TO THE HIGH COURT. S. 281(1) CPCL. S. 58(1) ACJL.
• May be commenced:
• By filing written or oral Notice of Appeal at the registry of the
Magistrate court within 30 days of judgment if the sentence is
imprisonment.
• within 15 days of judgment if the sentence is caning.
• Note:
• (1) Registry of the court must reduce oral notice of appeal into
writing.
• (2) Notice of appeal can also be given to the officer in
charge of prison.
• (3) A written notice can be signed by the appellant or his
counsel.
GROUNDS OF THE APPEAL:
• Prosecution may appeal as of right in any of the following
circumstances:
• (a) Where an accused person has been acquitted or an order of
dismissal made by a magistrate from the acquittal or dismissal on the
ground that it is erroneous in law or that the proceeding or any part
thereof were in excess of the jurisdiction of the magistrate.
• (b) Where a person has been convicted by a magistrate of an offence
in respect of which the magistrate is required by any law to impose a
minimum sentence of or make any order prescribed by that or any
other law on the ground that the Magistrate has failed to impose such
sentence or make such order.
• A convicted person may appeal on any of the following grounds as
provided by O2 R9(1) OF HC. (Appeal Rules), S. 485(9) ACJA:
• 1. Lack of jurisdiction by lower court.
• 2. Exceeded jurisdiction.
• 3. Decision obtained by fraud.
173
• 4. Case had already been tried or forms subject of a pending

trial.
• 5. Admissible evidence rejected, or inadmissible evidence
admitted
• 6. That decision is unreasonable or cannot be supported
having regard to the evidence.
• 7. That decision is erroneous in point of law.
8. That some specific illegality committed in the course of
proceedings.
• 9. Sentence is excessive.
• Note: Order 10 Rule 9 of the High court of Lagos Appeal
Rules,S.282 CPCL. Also provides additional grounds as follows:
• 1.Magistrate was personally interested in case.
• 2. Magistrate acted corruptly or maliciously in the case.
• Appellant must state the nature of error, irregularity or illegality
committed. see R v. Mensah.
• – Note: Additional grounds may subsequently be filed, with leave.
• Advisable to state in the original notice that additional grounds of
Appeal will be filed. see Esoh v. IGP; Araba v. COP.
• Appellant may also amend defects in grounds, with leave, by way of
Motion on notice, only if time for filing original has lapsed.
• * Issue of weight of evidence not ground in criminal appeals. See
Enitan & Ors. v. State.
PAYMENT OF FEES:
• If not a public officer, must pay fee for filing the appeal & such
amount as is deemed sufficient by court to produce sufficient number
of certified typed written copies of the record of proceedings to supply
each respondent & court.
COMPUTATION OF TIME TO APPEAL:
• Computation of time commences from the date when appellant had
notice of the judgment of the court, not necessarily date judgment
was actually delivered. Ohuka v.State.
• Stay of Proceedings or execution
• *Appeal does not operate as a stay, except in death sentence. See
Bello v. A-G Oyo state.
PRESENTATION OF APPEAL AT HIGH COURT:
• Counsel or appellant shall orally argue appeal at the hearing of
appeals from magistrate courts. For convenience, counsel may
merge grounds for presentation and may abandon irrelevant or
174
unhelpful grounds. A respondent shall reply. After the respondent’s

reply, the Appellant may further reply on points made by respondent.
• NOTE: At present in practice, appeals at the High Court are argued
through the filing of a written address. On the date fixed for hearing,
parties merely adopt their respective written addresses and may be
allowed to adumbrate on certain salient issues.
• After hearing appeal against conviction & sentence, court may:
• (1) Affirm conviction & sentence.
• (2) Quash conviction & sentence, Acquit or Order re-trial.
• (3) Alter or maintain the finding, Alter or maintain sentence
• (4) With or without altering finding, reducing or increasing
sentence, alter the nature of the sentence.
• (5) Annul conviction & substitute it special finding of
insanity at the time of the act or omission.
• *Note: An appeal court Can’t sentence above jurisdiction of trial
court. Nworie v. Police.
• High court may dismiss appeal summarily after perusing all
processes & hearing appellant.
• Need not give detailed judgment. s.36 High Court Law of Lagos
State, 2004.
• Additional evidence may be taken in the interest of justice. Abiola v.
Police. But additional evidence will not be allowed if that will lead to
rehearing a case.R v Oton.
• Even where ground succeeds, court may dismiss the appeal if it feels
that no substantial miscarriage of justice has occurred. R v.
Ijeoma;Edun v Police; R v. Accida.
COMMENCEMENT OF APPEAL AT THE COURT OF APPEAL. S. 241
& 242 CFRN., 1999 (AS AMENDED). .
• BY giving Notice of Appeal to the Registrar of the lower court within
90 days after the final judgment. O. 17 R. 3 & 7 of Court of Appeal’s
2016 Rules.
• Appeal to be filed within 14 days if interlocutory. S.24(2) Court of
appeal Act, Cap. C. 36 LFN., 2004.
• Notice of appeal shall be signed by the appellant or by his legal
representative. appeal by a corporation can be signed by the clerk,
secretary, manager or counsel of the corporation. see O. 17 R.4, 5
& 6. of the Court of appeal Rules, 2016.
• Note: None compliance may not be fatal to an appeal. If the
intending appellant has shown good and substantial cause and
exhibited a genuine desire to appeal, the court may, in the interest of
175
justice entertain the appeal. see O.17 R. 4(2) Court of Appeal Rules,
2016, Ikechukwu vs. F.R.N. (2015) 3 SCM. p. 61.; Idegwu vs. The
State (2015) N.W.L.R. (Part 1455) P. 286 RATIO 9.
TRANSMISSION OF RECORDS
• The Registerer of the lower court shall forward the record of appeal to
the registry of the Court of appeal within sixty days from the date of
filing the Notice of Appeal.
• The registered must do so and unlike in civil appeal, the appellant
has no duty to serve record. O.17. R. 7(1) of the Court of Appeal
Rules, 2016.
• Record must also be supplied to the appellant if in detention. But if
he/she is not in detention, it should be supplied only on demand. O.
17 R. 7(2) Court of Appeal Rules, 2016.
FILING OF BRIEF OF ARGUMENT
• Appellant must file brief of argument within 45 days of the receipt of
the record of appeal O.19 R.2, 2016 Rules.
• respondent must file respondent brief within 30 days of the receipt of
record O.19 R.4 CAR. 2016
• If there is need for reply, appellant must file reply brief within 14 days
after service of the respondent’s brief. O.19 R.5 CAR, 2016.
• All parties whose interests are identical or joint, shall file joint briefs
and separate briefs may be filed only by those parties whose
interests are separate or are in conflict. O. 19 R.6 CAR., 2016.
• Filing fees shall be paid except in appeal against death sentence or
where the appellant receives legal aid. O.17 R. 8. CAR., 2016.
FAST TRACT CASES
Fast tract cases are cases involving the offences of Kidnapping,
Rape, Corruption, Trafficking in person, Money laundering and
Terrorism. In these cases, appellant must file brief within 14 days of the
receipt of record.
Respondent must file respondent brief within 10 days of the receipt of
appellant brief.
If there is need for reply, the appellant must file his reply within 5 days
of the receipt of respondents brief of argument. see Order 8 Rules 3-7
Court of appeal (Fast trck) Practice direction, 2014.
EFFECT OF FAILURE TO FILE BRIEF WITHIN TIME
• If the appellant fails to file brief within time or within the extended time
for filing the court may suo motu or on the application of the
respondent, dismiss the appeal for want of diligent prosecution.
176
• If the respondent fails to file respondent brief within time or within an

extended time for filing, he will not be allowed to make oral argument
at the hearing of the appeal. Note: his failure here does not
necessarily entitles appellant to judgment.
• If appellant fails to file reply to respondent brief within time, he will be
deemed to have conceded to any new point raised by the
respondents brief. see generally O. 19 Rule 10 Court of appeal
Rules, 2016.
CONSTITUTION/ HEARING OF APPEAL AT COURT OF APPEAL:
• Court must be properly constituted in terms of numbers and
qualification, otherwise decisions, null & void. see Ogbunyinya v.
Okudo.
• - In an appeals from Magistrate court to the High court, An Appeal
is heard by at least 1 judge. No maximum is stipulated by law. S.273
CFRN., 1999(as amended) However, The High Courts in the North,
usually sits with 2 judges. The Lagos High Court sits with 3 judges
to hear an appeal from a Magistrate court.
• HC & FHC – CA, not less than 3. S.247 CFRN.,1999(as amended)
• CA- SC, not less than 5,but appeal is entertained by 7 if:
• (a) Exercising original jurisdiction in dispute between fed. &
and a state or between states.
• (b) If required to determine the interpretation or application of the
Constitution.
• (C) If required to determine whether provision of the
Fundamental human right has been, is being or is likely to be
contravened in relation to any person. s.234 CFRN. 1999(as
amended)
• Hearing of appeal by the Court of Appeal is done after briefs have
been exchanged between the parties and hearing notice served on
the parties by the registrar of the court of appeal.
• On the date of hearing, parties adopt their respective briefs only. but
each is allowed 15 minutes to adumbrate on the points appearing on
his brief.
• where a party does not appear at the hearing after filing his brief of
argument, the court is entitled to treat the appeal as duly argued. see
Generally Order 19 Rule 9 CAR., 2016.
JUDGEMENT:
• Judgment of the court shall be delivered in open court either on the
hearing of the appeal or at any subsequent time of which notice shall
be given to the parties by the registrar.
177
• When judgment is reserved and notice given, counsel or his junior

must appear. otherwise he may be guilty of contempt. see O. 20 R. 1
& 2. CAR. 2016
APPEAL FROM C.A. TO S.C.:
Is done by filing notice of appeal within 30 days of judgment of the
court of appeal. See s. 27(2)(b), Supreme Court Act, Cap. 424 LFN.,
2004., O.9 R.3(1) SC. RULES.
But extension of time may be granted on application upon good
reason been shown for delay. See s. 31(4) & S. 27(4) SC. Act(Supra).
Record of appeal shall be compiled by the registered of the Court of
Appeal except where the appeal is :
(a) An interlocutory appeal (b) Appeal against summary order or
judgment of the C.A. (c) Where the liberty of a person is concerned. In
these cases record can be compiled by the appellant.
• Fees for the compilation of the record shall be assessed by the
registered of the court of appeal and shall be paid by the appellant
within 14 days of being notified of the assessment by the registrar of
the court of appeal. O.7 R.3 SC. Rules
• Notice of appeal shall be signed by the appellant himself.
• Record shall be compiled by the registrar of the C.A. within six
month of filing notice of appeal. O7 R4(1) SC. Rules.
• Brief of argument shall be filed by the appellant within 10 weeks of
the receipt of record of appeal.
• Respondents brief shall be filed within 8 weeks of the receipt of
appellant’s brief
• A reply brief shall be filed within 4 weeks of the receipt of
respondent’s brief where necessary. See generally O.9 R.3 SC.
Rules, O. 6 R.5(1) SC. Rules.
FAST TRACK CASES:
• In the above cases, appellant’s brief shall be filed within 10 days of
the receipt of record of appeal.
• Respondent’s brief shall be filed within 7 days of the receipt of
appellant’s brief
• a reply brief shall be filed within 3 days of the receipt of respondent’s
brief. see O. 6 of the Supreme court Practice Direction, 2014.
HEARING OF APPEAL BY S.C.
• Is done by adopting briefs of arguments.
• Each party is allowed one hour to adumbrate on the points
appearing on his brief.
178
• A party wanting an extension of time beyond one hour to make oral

submission shall apply one month to the hearing showing good
reasons for the application. see Order 6 Rule 8 Supreme court
Rules.
• Appellant who is on bail must be present on every day fixed for the
hearing of the appeal. Where he is absent the court may decline to
here the appeal or dismiss the same and order for his arrest. O 9.R.
4(5) SC. Rules.
ORDERS WHICH MAY BE MADE ON APPEAL:

• Court may uphold appeal, set aside judgment of the lower court and
discharge and acquit the appellant.
• Court may uphold the appeal, set aside the conviction and sentence
but, order for re-trial.
• In an appeal against sentence, court may affirm the conviction, quash
the sentence and substitute it with a higher or lower sentence as the
fact of a particular case may permits.
• Court may dismiss the appeal if lacking in merit.
• Salisu Adamu, Ayuba Mohammed and Khalid Iliyas were arraigned
and prosecuted by the Police before the High Court Dutse, Jigawa
State on the 15th January 2019 for the offences of Armed Robbery,
culpable homicide and rape. During the trial, the prosecution called 6
witnesses including the IPO, Inspector Gazali through whom the
confessional statements of the accused persons were tendered. Their
Counsel objected to the admissibility of the statements on the ground
that they were not voluntarily made but the trial Court overruled his
objection and thereafter admitted the statements in evidence. On 20th
March 2020, the trial Court convicted the accused persons and
sentenced them to 5 years on each of the offences to run
concurrently. The trial Court in addition ordered that Khalid pay the
sum of #20,000.00 to Miss Halima Musa who was raped by Khalid.
Been dissatisfied with the sentence, the convicts instructed their
lawyer to sign and file a notice of appeal on their behalf. In order to
meet up with the time frame for the appeal, the Counsel decided to
file a joint notice of appeal at the Court of Appeal and thus on 4th May
2020, the Appellant’s brief was filed and served on the office of the
Police who immediately filed a Respondent brief. However, during the
hearing of the appeal, the court was informed by the Respondent that
neither the Appellants nor their Counsel were in Court, therefore, he
179
urged the Court to dismiss the appeal. The Appellate Court however
refused the application and went ahead to hear the appeal on the
ground that briefs have been filed and served. The Court of Appeal
quashed the conviction and ordered for a retrial. The Attorney-
General being dissatisfied with the way the case was going instructed
Mr. Ezekiel David, Principal State Counsel to file a notice of appeal
and Appellant’s brief to which the Respondents objected on the
ground that the Attorney-General cannot enter an appeal not been a
party to the proceedings at the trial Court.
• Using relevant Judicial and Statutory authorities answer the following:
• a) As Counsel to the convicts, what are the possible grounds of
appeal you would raise in the circumstance of this case?
• b) Comment on the validity of the joint notice of appeal filed by the
Counsel
• c) Comment on the propriety or otherwise of the Appellants’ briefs
filed by Counsel to the convicts at the Court of Appeal
• d) Assuming at the trial Court, after the trial Judge pronounced his
sentence, the Counsel to the convicts duly notified the Court and the
prosecution of their intention to appeal, would there still be need to
file a notice of appeal. Give reasons for your answer
• e) Assuming Khalid’s father is desirous of appealing against the
sentence of compensation, would he succeed or not. Give reasons
for your answer
• f) Comment on the absence of the Appellants and/or their Counsel
during the hearing of the appeal. Was the appellate Court right to
have gone ahead with the appeal?
• f) Comment on the propriety or otherwise of the appeal filed by Mr
Ezekiel
• g) To which Court would the appeal filed by Mr Ezekiel lie and where
is the appropriate venue for the appeal to be filed.
• h) Under what circumstance would a cross-appeal be necessary and
who can cross-appeal?
180
(WEEK 19)
APPEALS 2
• OUTCOMES:
• Draft Notice and Grounds of Appeal
• Prepare and argue Application for Bail Pending Appeal
• Prepare Briefs of Arguments
• Identify types of orders court may make after hearing appeals
Explain the procedure for:
• Application for leave to appeal or to amend notice and grounds of
appeal
• Abandonment of Appeal
• Abatement of Appeal
• Additional Grounds of Appeal
• Additional Evidence on Appeal
• Hearing of Appeal at Court of Appeal and Supreme Court
Application for extension of time within which to appeal:

• Where parties could not appeal within time, leave of court must be
sought to appeal out of time.
• The application which is by motion on notice is to be filed in the court
below and must be supported by affidavit and the proposed grounds
of appeal. See Or 17 r. 4 (1) CAR
• The application must contain reasons why appeal could not be filed
within time.
BAIL PENDING APPEAL
• An accused who is convicted and sentenced and who intends to
appeal may need to apply for bail pending appeal.
• See s. 283 (4) CPCL, s.340 (2) CPCL in respect of appeals from Area
Courts and s. 28 (1) Court of Appeal Act, s. 31(1) Supreme Court Act,
Or 9 R 4(6) SCR
• The appellant must have a valid appeal to be entitled to bail pending
appeal.
• Bail pending appeal is not a right. An accused who is convicted and
sentenced and who intends to appeal may need to apply for bail
pending appeal.
• Appellant had already been tried in the lower court and found guilty
and convicted before this present appeal.
• Thus, the appellant can no longer be presumed innocent.
181
• The appellant must establish special circumstances to be entitled to

bail.
WHAT CONSTITUTES SPECIAL CIRCUMSTANCES
• Where the sentence is manifestly contestable;
• Where there is need for constant consultation between the convict
and counsel e.g. complex cases;
• Health ground Fawehinmi v. State (1990) 1 NWLR (Pt. 127) 486;
• Where convict will serve his sentence substantially before appeal is
heard and concluded. Obi v. State (1992) 8 NWLR (Pt. 257) 76 at 83
• The severity of the offence – George v. FRN (2011) All FWLR (Pt.
554) 125 at 136
Note: Persons convicted of murder and sentenced to death are usually
not released on bail.
• Where there is a mis-trial on the face of the records;
• Where the grounds of appeal filed were so substantial that there is a
good prospect of success of the appeal - Chukwunyere v. C.O.P
(1975) 5 ECSLR 44.
• Application for bail pending appeal should first be filed in the trial
court and if refused, it should be filed in the court where appeal is
pending. Such application is by motion and not by summons. See:
• OBEKPA v. C.O.P. (1981) 2 NCR. 420.
• OFFIONG v. C.O.P. (1966) NNLR. 94.
• Where appeal has been entered, the bail application may be filed
directly in the court where appeal is pending.
HEARING OF APPEALS at the Court of Appeal
• By brief writing introduced in 1984.
• Appellant’s brief – to be filed within 45 days of the appellant
receiving records of proceedings. Order 19 R.2 CAR.
• Appellant’s brief is a succinct statement of his argument in appeal.
• RESPONDENT’S BRIEF – to be filed within 30 days from the date
the respondent is served with the appellant’s brief. Order 19 R. 4 (1)
CAR.
• It is a succinct statement of the respondent’s response to the
arguments raised in the appellant’s brief served on him.
• Must be duly endorsed with an address or addresses for service.
• REPLY BRIEF (where necessary) to be filed within 14 days from the
date the appellant is served with the respondent’s brief. Order 19 R.
5.CAR.
• Reply brief is only to deal with all new points from the respondent’s
brief.
182
• Each party is expected to file 10 copies of brief in court and the brief
must not exceed 15 pages Or 19 r. 8
• See however paragraph 9 (a) - (d) Court of Appeal Practice
Direction, 2013 with respect to some cases listed in section 3 (a) (i)
and (ii) Court of Appeal Practice Direction.
Applicability of the Practice Direction to Criminal Cases:
• The practice direction is applicable to offences of terrorism, rape,
kidnapping, corruption, money laundering, human trafficking; and
• Interlocutory appeals challenging the ruling of the court below on an
interlocutory application.
• Practice direction is made by the President of the Court of Appeal or
the Chief Justice of Nigeria (as the case may be) to fast tract hearing
of appeals, eliminate unnecessary delays and reduce time and
expenses in the conduct of appeals in some specific cases/offences.
• Cases listed in the practice direction are speedily heard and given
priority attention.
Brief of arguments in cases covered by the Practice Direction
• Appellant’s brief must be filed within 14 days after receipt of the
record of proceeding;
• Respondent’s brief must be filed within 10 days after service of
Appellant’s Brief;
• Reply brief must be filed within 5 days after service of the
Respondents brief;
• No oral elaboration of brief is allowed except by order of court;
• All applications must be resolved within 21 days of filing the last
document.
• In hearing the appeals, priority attention shall be given to all the
cases listed above
• In preparing the cause list, those cases shall come first.
• The judge may designate certain days in hearing the appeals and
shall not entertain frivolous applications for adjournment.
• See paragraph 3 (b) – (d) of the Practice Direction.
Hearing of Appeals:
• On the date the appeal is set down for hearing, each party will be
given 15 minutes to adopt and or argue his brief. Order 19 r.9 (3)
CAR.
Absence of parties at the hearing of appeal:
• If on the date appeal is set down for hearing, a party fails to appear to
present oral argument in court or adopt his brief, his brief will be
deemed as having been argued. Or 19 r. 10 CAR
183
Cross Appeal:
• This is an independent appeal filed by the respondent against the
judgment of the lower court. Such appeal is heard at the same time
as the appellant’s appeal and is determined in its own merit.
Respondent’s Notice:
• The respondent is contending that the decision of the court below be
varied either in part or in whole.
• The respondent may also contend that the decision be affirmed on
grounds other than those relied on in the court below.
Contents of Brief of Argument
• Name of court
• Appeal no
• Parties to appeal
• Title of brief
• Table of contents
• Introduction/preliminary statement
• Issues for determination
• Statement of facts
• Arguments on the issues
• Conclusion/summary, list of authorities
• Name, address of counsel settling brief.
Brief of argument must be signed and dated by counsel filing it.
BRIEF OF ARGUMENT IN SUPREME COURT
• First introduced in1977.
• Appellant to file brief within 10 weeks of receiving records.
• Respondent to file brief within 8 weeks of receiving Appellant’s brief.
• Reply brief to be filed within 4 weeks.
• See: Order 6 R.5 (1) SCR, 1985.
BRIEF OF ARGUMENT IN SUPREME COURT
• i.) ALLOW THE APPEAL. The decision of the lower court is
reversed, this is done where the appeal succeeds . The conviction of
accused/defendant will be quashed and he will be discharged and
acquitted.
• ii.) DISMISS THE APPEAL. This is done where the decision of the
lower court is affirmed. The conviction of the accused will be affirmed
and appeal dismissed.
• First introduced in1977.
• Appellant to file brief within 10 weeks of receiving records.
• Respondent to file brief within 8 weeks of receiving Appellant’s brief.
• Reply brief to be filed within 4 weeks.
184
• See: Order 6 R.5 (1) SCR, 1985.

• Parties are expected to file 10 copies of brief.
• One hour is given to each party to argue and or adopt his brief. See
Order 6 R. 8(5-7) SCR.
• Where a party needs more than one hour to argue his brief, he is
required to apply to court for additional time at least one month to the
hearing of the appeal.
Orders court may make after hearing appeals:
iii.) REDUCE OR INCREASE SENTENCE. This is done where there is
appeal on sentence.
iv.) ALTER FINDINGS BUT MAINTAIN THE SENTENCE.
v.) UPHOLD PLEA OF INSANITYAND ANNUL CONVICTION OF
ACCUSED.
vi.) MAY ORDER RE-TRIAL
ORDER OF RE-TRIAL
-RE-TRIAL. This is done where:
it will not amount to a miscarriage of justice to do so.
- where it will not be oppressive on the accused to put him on trial the
second time.
• Where vital evidence relating to the trial have not been taken at the
court below;
• Where the witnesses that testified at the court below are still alive or
available;
• Where there was error in law or irregularity in procedure;
• Where the evidence taken as a whole discloses a substantial case
against appellant.
Abandonment of Appeal
• An appellant may abandon his appeal either expressly or impliedly.
Express abandonment involves filing notice of abandonment to the
registrar, while implied abandonment arises where the appellant
wishfully refused to take further step after filing his notice of appeal.
Procedure for abandonment of Appeal
• Appeal- Mag Ct to High Ct,: Filing of notice of abandonment by
appellant/counsel at least 2 clear days before hearing to the Registrar
of the court below.
• Appeal- High Ct to Court of Appeal: Filling of Criminal Form 11 or 11A
headed “Notice of Abandonment of Appeal” and filing same to the
Registrar of the court below.
185
• Supreme Court: letter from appellant informing Registrar of intention

to abandon
• An appellant may impliedly abandon his appeal if he fails to file the
necessary papers to prosecute his appeal after filing his Notice of
Appeal.
Abatement of Appeal
• Abatement of appeal arises where the appellant dies before his
appeal is determined.
• Criminal appeal may survive the dead appellant where the appeal is
against fine as the judgment of court may be executed against the
estate of the deceased appellant. R v. Rowe, Abdullahi v. NA [2018]
NWLR (Pt. 1639) 272 at 289.
Additional Grounds of Appeal
• Additional grounds of appeal may be filed upon the receipt of the
record of proceedings or as the need arises. However, leave of court
is required to file the additional grounds where the time to file the
notice of appeal has expired.
• Appeal is argued based on the grounds of appeal filed before the
court.
• Where issues are raised in your brief, you must show the grounds to
which such issues relate.
Additional evidence on appeal
• This will only be required where a particular piece of evidence which
ought to form part of the evidence to be considered before judgment
is delivered at the trial court is not available before the court.
• An order or leave is granted by the appellate court to receive such
evidence or the case is sent to the lower court to receive such
evidence.
• Where the evidence sought to be adduced was not available before
the trial.
• The evidence is relevant to the issue before the court.
• Where taking fresh evidence will not amount to rehearing of the
matter.
• See Abiola v. C.O.P [1961] All NLR 815
Constitution of the Court of Appeal:
• Three justices of that court. See section 247(1) Constitution
• In special cases (not criminal appeals) the President of the Court of
Appeal may empanel five justices of the court to sit over a matter.
Appellate Jurisdiction:
186
• The Court of Appeal may hear and determine criminal appeals from
the following courts:
• Federal High Court
• National Industrial Court
• High Court of the Federal Capital Territory
• High Court of a State
• Court Martial
• Code of Conduct Tribunal
• Any other tribunal established by Nat. Ass.
Constitution of Supreme Court:
• 5 Justices of the court sit to hear appeal.
• Full court is 7 Justices for interpretation or application of the
Constitution or to determine questions as to whether any provisions
of Chapter IV of the Constitution has been, is being or is likely to be
contravened in relation to any person. See s. 234 Constitution, 1999
(as amended).
• A judge may write a judgment and give his learned brother to
pronounce.
IN THE COURT OF APPEAL
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Appeal No .....
Charge No ...
Between:
Bakare Kofo .....
Appellant
AND
The State of Lagos ..... Respondent
Notice of Appeal
To the Registrar of the High Court, Lagos:
I, Bakare Kofo having been convicted of the offence of rape by the High
Court, Lagos presided by His Lordship Kanmi Ojo, J on 4th July, 2020 and
sentenced to 7 years imprisonment with hard labour and now being a
prisoner at Kirikiri Corrective Centre, Lagos, do hereby give notice against
my conviction to the court on the following grounds:
Grounds of appeal:
Ground 1
187
The learned trial judge erred in law when he ruled on a no-case submission
that the prosecution had made a prima facie case that warrants the
defendant to give his defence.
Particulars:
The prosecution did not adduce any evidence to show that the defendant
raped P.W 1 (Miss Tina Regina).
Ground 2
The judgment is unreasonable and cannot be supported having regard to
the evidence.
..........................
Signature/mark of appellant or his counsel.
Dated this............ July, 2020
Particulars of trial and conviction:
Date of judgment: 4th July, 2020
Court: High Court 5 Lagos
Judge: Hon. Justice Kanmi Ojo
Sentence: 7 years imprisonment with hard labour
ASSIGNMENT 1 ON APPEALS 2
Big Guy and his bosom friend Okoro Lian were arrested for alleged rape of
Miss Lovett Fineface. Big Guy was said to have invited Miss Fineface to
their apartment at No 2 Lois Drive Asokoro on the 31 of January 2020 for
his birthday party. Miss Fineface alleged that she found there was no party
rather a setup to violate her person. She said while Big Guy raped her
severally, Okoro Lian was video recording the event with a grin on his face.
They were both charged before the High Court of the Federal Capital
Territory Maitama for conspiracy to commit rape and for rape. During the
trial, the prosecution called only 2 witnesses Miss Fineface and Dr Rubb
the medical doctor who examined Miss Fineface after the incident. The
defence called 20 witnesses whose testimonies were about the
philanthropic activities of the defendants in their community. One of the
defence witnesses was Mary Orobo a 10-year-old girl whose testimony was
taken on oath as the court overruled prosecution’s objection to it because
according to the court the issue of whether to allow Mary Orobo testify on
oath or not is at the discretion of the court. The parties addressed the court
on the 10th of April 2020 and the court adjourned for judgment to 30th June
2020. The Judge eventually delivered the judgment on the 3rd of August
188
2020. In his judgment the Honourable Justice Bobby Yellow made the
following findings:
“I find that the prosecution has failed woefully to prove their case beyond
reasonable doubt. For a crime as heinous as rape, they only called 2
witnesses while the defence called 20 witnesses who gave convincing
evidence of how the defendants had contributed to the development of their
community. One does not need a soothsayer to know where the pendulum
swings. Particularly, the testimony of Mary Orobo was so convincing that
the court is justified in admitting her evidence on oath seeing she
possesses super intelligence and understood the duty of speaking the
truth. In a case of rape the law is that the testimony of the victim of rape
must be corroborated and the corroboration cannot be that of a female
doctor who will obviously be biased in favour of her fellow woman. I find
the charges not proved and I hereby discharge and acquit the accused
persons”.
The Prosecution is aggrieved with the decision and has decided to appeal.
After the Notice of Appeal had been filed, the Attorney General of the
Federation decides that the prosecution is no longer interested in pursuing
the appeal.
Answer the following questions.

1. Draft the Notice of Appeal containing two grounds of appeal.
2. What steps should the prosecution take to effect its lack of interest in
continuing with the appeal? How is this different from abatement of
an appeal?
3. Draft one issue for determination from the grounds of appeal you
drafted in (1) above.
4. What possible orders can the court make on hearing the appeal.
Assignment two
Using the scenario in Assignment 1 answer the following questions
1. Assuming the court found the defendants guilty and they have
appealed against the decision. Big Guy who is an asthmatic patient
and also battling liver cancer seeks bail pending his appeal before the
High Court. As his counsel draft the application.
2. Assuming the prosecution after filing their Notice of Appeal intends to
file additional grounds, what procedure will they adopt?
3. Explain the circumstance where the Court of Appeal will allow
additional evidence during the appeal.
189
190

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NIGERIAN LAW SCHOOL- CRIMINAL LITIGATION

NIGERIAN LAW SCHOOL

1. (week 3) Introduction to criminal litigation and overview of course -3

5. (week 7) Institution of Criminal Proceedings Contents - 48

5. Constitutional and Statutory Protections: in criminal trials, the accused person

Setting out their constitution, jurisdiction, composition, practice and direction,

II. Setting of a Criminal Court

II. Defence Counsel

POWER OF POLICE TO SEARCH

The body of a person arrested in connection with an offence, may be

Person to be arrested enters/runs into another premises. 2. A Magistrate or

executed in the presence of occupant/owner and 2 witnesses called by him

May be done by a Police officer, or May be done by an officer of the

the prevention and detection of crime, the apprehension of offenders,

Rights of a suspect in custody

• That is to say, before a confessional statement could become relevant

Essentials of the statement of victims and witnesses

• (b) it is only in exceptional cases that question relating to the offence

any addition to it if i wish. This statement is true, i made it out of my own

Rules and procedure:

What determines the jurisdiction of court?

SOURCES OF COURTS’ JURISDICTION

• It became customary court by virtue of the Customary Courts Law of

• JURISDICTION: It entertain cases such as violation of Bye laws and

MAGISTRATE COURT LAW OF LAGOS STATE 2009.

COURTS OF GENERAL CRIMINAL JURISDICTION IN THE NORTHERN

• Area Court Grade I: 5yrs or N1,000

• Area Court Grade I = Jurisdiction to impose a sentence of up to 5 yrs

 Principal Shari’a Court I= 10yrs, all cases except

Magistrates’ Court (FCT)

• Magistrates Court were established under S. 6(1) of the CPCL and

COURTS OF SPECIAL CRIMINAL JURISDICTION

• The decision of the court shall be announced in an open court and is

• S.251(3) also confers criminal jurisdiction on items listed under

JURISDICTION TO IMPOSE PUNISHMENT

Answer the following questions

Case Scenario and Task 2

Answer the following questions.

Case Scenario and Task 3

INSTITUTION OF CRIMINAL PROCEEDINGS

WHO CAN INSTITUTE CRIMINAL PROCEEDINGS?

 This power is exercised either orally by the AG in person or in writing

 Third, the court may award costs against a prosecutor who

 The first is that there must be an endorsement by the Attorney-

 Proceedings under the Customs and Excise Management Act

MODES OF INSTITUTING CRIMINAL PROCEEDINGS IN NIGERIA

MAGISTRATES’ COURTS UNDER THE ACJL

HIGH COURTS UNDER THE CPL

 Filing a complaint, whether or not on oath s.77(b)(iv)

HIGH COURTS UNDER THE CPCL

HIGH COURTS UNDER THE ACJL

HIGH COURTS UNDER THE ACJA

FEDERAL HIGH COURT

NATIONAL INDUSTRIAL COURT

APPLICATION FOR CONSENT TO FILE AN INFORMATION/LEAVE TO

EFFECT OF THE FEDERAL HIGH COURT AND FCT HIGH COURT

Senate, a gang of armed robbers stormed their house at No. 5

The prosecution intends to appeal the judgment. With the aid of

3. Comment on the decision of the AG to initiate the same action against

The components of a charge are as follows:

IN THE MAGISTRATES’ COURT OF BAYELSA STATE

IN THE HIGH COURT OF BAYELSA STATE IN THE YENAGOA

6. Date. Every charge or information must be dated. This comes

Court in the South e.g. “Count 1” or “Count One” or “First Count”