FEDERAL UNIVERSITY OYE EKITI

DEPARTMENT: LAW

FACULTY: LAW
GROUP E Project
COURSE CODE: LPU 206
COURSE TITLE: NIGERIAN LEGAL SYSTEM II

QUESTION: Discuss the criminal procedure

LECTURER IN CHARGE: MRS. A.I OYEDEJI
NAMES AND MATRICULATION NUMBER OF GROUP MEMBERS

LAW/2020/1041 FAMOROTI TOLULOPE OLUWATOBILOBA

LAW/2020/1042 FANIMI BLESSING TEMILOYE
LAW/2020/1043 GBADAMOSI IBRAHIM ATANDA
LAW/2020/1044 HAASTRUP JOSHUA ADEOLUWATEREMI
LAW/2020/1045 HYACINTH NKECHI JUDITH
LAW/2020/1046 IBIDUN OLUWATOBI OLUWADARASIMI
LAW/2020/1047 IBRAHIM ABDULLAHI ADEKILEKUN
LAW/2020/1048 JAMES OLUWASEYI ENIOLA
LAW/2020/1049 KILANKO TIMILEHIN AYOMIDE
LAW/2020/1050 KOMOLAFE OKIKIOLA OLUWAFUNSO

Processes : Criminal Procedure

The criminal procedure has been defined as the method laid down by law for bringing a
person who is alleged to have committed a crime before a court of law for trial. It Deals with
the method to be adopted by the court of trial, the powers of the court of trial, the right of
appeal of a person convicted of a crime and the right of appeal of the prosecutor if not
satisfied with the judgment of the trial court.

Courts vested with criminal jurisdiction in Nigeria, the following courts are vested with
criminal jurisdiction:

(a) The Supreme Court

The Supreme Court is the highest court in Nigeria and therefore the court of last resort. It
exercises only an appellate jurisdiction on criminal causes and matters. Appeals on criminal
causes and matters must come to the Supreme Court only from the Court of Appeal.

(b) The Court of Appeal

The Court of Appeal, which is next in the hierarchy to the Supreme Court, equally has no
original criminal jurisdiction. Appeals on criminal causes and matters must come to the Court
of Appeal only from the High Courts or other Courts of co-ordinate status with the High Court,
such as the Courts Martial and the Code of Conduct Tribunal.

(c) The High Court

The High Courts are vested with original criminal jurisdiction on criminal causes and matters.
They also exercise appellate criminal jurisdiction on appeals from the magistrate courts.

High court proceedings can also be complex and vary depending on the jurisdiction and the
type of case being heard. However, in general, high court proceedings in the United States
follow a similar process:

1. Filing a complaint: The plaintiff (the person bringing the case) files a complaint with the
high court. The complaint states the legal basis for the case and the relief the plaintiff is
seeking.
2. Service of process: The plaintiff must ensure that the defendant (the person being sued) is
properly served with a copy of the complaint and a summons to appear in court.

3. Answer and counterclaims: The defendant has a certain amount of time to file an answer
to the complaint, and may also file counterclaims against the plaintiff.

4. Discovery: The parties may request and exchange information relevant to the case through
the discovery process.

5. Pre-trial conference: The high court may hold a pretrial conference to discuss the case and
attempt to reach a settlement or narrow the issues in dispute.

6. Motion hearings: Either party may file motions with the court, which may be heard in pre-
trial motion hearings.

7. Trial: If the case does not settle, the high court will hold a trial. The trial may be before a
judge or a jury, depending on the jurisdiction and the nature of the case.

8. Judgment: After the trial, the high court will issue a judgment, which may include an award
of damages or other relief.

9. Appeals: If a party is dissatisfied with the judgment, they may be able to appeal to a higher
court.

It's important to note that the specific procedures and rules may vary depending on the
jurisdiction and the type of case being heard. Additionally, there are certain procedural
safeguards that must be followed to ensure that the parties' rights are protected throughout
the high court proceedings. These rights include the right to an attorney, the right to a fair
and impartial trial, and the right to due process of law.

(d) Magistrate Courts

Magistrate courts Court have original criminal jurisdiction. Indeed Magistrate courts ave
concurrent jurisdiction with the high court over criminal matters. Generally, all magistrate
courts have jurisdiction to try non-indictable obtain offences. They can also try indictable
offences provided they first obtain the consent of the accused. No Magistrate courts can try
any offence that carries the death penalty.

Here is a general overview of the procedures in magistrate courts:

1. Filing a complaint: The plaintiff (the person bringing the case) files a complaint with the
magistrate court. The complaint states the legal basis for the case and the relief the plaintiff is
seeking.

2. Service of process: The plaintiff must ensure that the defendant (the person being sued) is
properly served with a copy of the complaint and a summons to appear in court.

3. Preliminary hearing: The magistrate court may hold a preliminary hearing to determine if
there is sufficient evidence to proceed with the case. If there is, the case will move forward; if
not, the case may be dismissed.

4. Discovery: The parties may request and exchange information relevant to the case through
the discovery process.

5. Pre-trial conference: The magistrate court may hold a pretrial conference to discuss the
case and attempt to reach a settlement or narrow the issues in dispute.

6. Trial: If the case does not settle, the magistrate court will hold a trial. The trial may be
before a judge or a jury, depending on the jurisdiction and the nature of the case.

7. Judgment: After the trial, the magistrate court will issue a judgment, which may include an
award of damages or other relief.

8. Appeal: If a party is dissatisfied with the judgment, they may be able to appeal to a higher
court.

It's important to note that the specific procedures and rules may vary depending on the
jurisdiction and the type of case being heard.

SOURCES OF CRIMINAL PROCEDURE

1. Criminal procedure Act and it’s equivalent laws in the southern states.
2. The administration of criminal justice Act 2015.
3. The Nigerian constitution.
4. Criminal code and penal code.

i. The Criminal procedure Act and Laws

 The criminal procedure Act and its equivalent laws apply and regulate criminal procedure
in the southern states of Nigeria where the criminal code Act and its equivalent laws apply.

ii. The Criminal Procedure code and Laws

The criminal procedure Code and its equivalent codes apply and regulate criminal
procedure in the northern States of Nigeria where the penal code and its equivalent laws
apply.

iii. The administration of the criminal justice Act

According to Section 1 of the Administration of Criminal justice Act 2015 the purpose of
this Act is to ensure that the system of administration of criminal iin Nigeria promotes
efficient management of criminal justice institutions, speedy dispensation of Justice,
protection of the society from crime and protection of the rights and interests of the suspect,
the defendant and the victim. Criminal procedure in Nigeria was until May 2015 governed by
two principal legislations. These were handed down to the country by the erstwhile British
colonial Administration. They are Criminal Procedure Act(CPA) and the Criminal Procedure
Code (CPC). Each state in Nigeria adopted either the CPA or the CPC.

Administration of criminal justice was signed into law in may 2015. It’s comprised of 495
sections divided into 49 parts, providing for the administration of criminal justice and for
related matters in the courts of the Federal Capital Territory and other Federal courts in
Nigeria. With ACJA, Nigeria now has a distinctive and unified law applicable in all federal
courts and with respect to offences contained in Federal legislations. The law repeals the
erstwhile criminal procedure Act which applied in the North and the Administration of Justice
Commission Act.

iv. The Nigerian constitution

The 1999 constitution contains some set if rules of the criminal procedure, which should
be observed in the course of charging and prosecuting a suspect for an offence, which
requirements if ignored can make the whole criminal proceedings null for failure to follow
the due process of law. Section 36 of the 1999 constitution(As amended) makes provision for
the fundamental right to fair hearing. The section is made up of 12 sub-sections which
provides various procedural rules in respect of the person charged with an offence and its
include.

1. Trial within a reasonable time.

2. A properly constituted, independent and impartial court or tribunal.
3. Presumption of innocence until a person is proven guilty.
4. Prompt information in the language the person understands.
5. Nature of the offence of which he is suspected or charged.
6. Adequate time and facilities for the preparation of his defense.
7. Right to a legal practitioner or to defend himself.
8. Provision of an interpreter without payment, if the accused cannot understand the
language used at the trial of the offence
9. Opportunity to cross examine all persons giving evidence against him.
10. Right to fair hearing or natural justice.

v. The Criminal Code Act and Penal Code Law

Under the criminal code and the Penal code, which are the statues that contain most of
Nigerian criminal law, the criminal procedure is that certain offences cannot be prosecuted
without the consent of the Attorney-General, for instance Offence of Sedition and also
certain offences cannot be prosecuted after the time limited by law. An example is the
offence of Sedition which cannot be prosecuted after the expiration of six months after its
commission, or ceasure of commission if it was a continuous act. The failure of the
prosecution to observe these procedures usually leads to a nullity of the whole proceedings.

CATEGORIES OF CRIME

Crimes can be categorized in various ways based on different factors, such as the nature of
the offense, the severity of the crime, or the legal system in a particular jurisdiction. Here, I
will explain some of the commonly recognized categories of crime:

Personal Crimes:
Personal crimes involve direct harm or threat to individuals, their physical well-being, or their
property. Some examples include:

a. Homicide: The unlawful killing of another person. It can be categorized as murder,

manslaughter, or justifiable homicide.

b. Assault: Intentionally causing physical harm or injury to another person, often involving the
use of force or a weapon.

c. Robbery: Taking another person's property by force, threat, or intimidation.

d. Rape and Sexual Assault: Non-consensual sexual acts or engaging in sexual activity without
the other person's consent.

Property Crimes:

Property crimes involve the unlawful interference with someone else's property. These
offenses typically do not involve direct harm to individuals. Examples include:

a. Burglary: Illegally entering a building with the intent to commit a crime, typically theft.

b. Theft: Taking someone else's property without their consent, either through physical
means or deception.

c. Arson: Deliberately setting fire to someone else's property.

d. Vandalism: Willful destruction or damage of someone else's property, such as graffiti or

property defacement.

Financial Crimes:

Financial crimes primarily revolve around illegal activities related to money, fraud, or
economic exploitation. Some common types include:

a. Fraud: Deception or misrepresentation for personal or financial gain, such as identity theft,
insurance fraud, or investment scams.

b. Money Laundering: Concealing the origins of illegally obtained money, often involving a
series of transactions to make the funds appear legitimate.
c. Embezzlement: Misappropriating funds entrusted to one's care, typically in a professional
setting.

d. Insider Trading: Illegally buying or selling stocks based on non-public information, giving
the trader an unfair advantage.

Inchoate Crimes:

Inchoate crimes refer to incomplete or anticipatory offenses. These crimes involve planning
or preparing for another criminal act without necessarily completing it. Examples include:

a. Conspiracy: Planning or agreeing with others to commit a crime.

b. Attempt: Making a deliberate effort to commit a crime but failing to complete it.

c. Solicitation: Encouraging, requesting, or commanding someone else to commit a crime.

Statutory Crimes:

Statutory crimes are offenses established by specific laws and regulations enacted by
governing bodies. These crimes do not necessarily cause harm to individuals but are
considered illegal due to the violation of specific statutes. Examples include:

a. Drug offenses: Possession, manufacturing, or trafficking of illegal drugs.

b. Traffic violations: Violations of traffic laws, such as speeding, reckless driving, or driving
under the influence (DUI).

c. White-collar crimes: Non-violent crimes committed by individuals in business or

professional settings, such as fraud, bribery, or tax evasion.

Cybercrimes:

Cybercrimes involve the use of computers, networks, or digital systems to commit illegal
activities. They can include:

a. Hacking: Unauthorized access to computer systems or networks.

b. Identity Theft: Stealing someone's personal information for fraudulent purposes.

c. Online Fraud: Deceptive practices on the internet to obtain sensitive information or
financial gain.

d. Cyberbullying: Using digital platforms to harass, intimidate, or threaten individuals.

COMMENCEMENT OF A CRIMINAL PROCESS

Any police officer may, with or without a warrant, arrest any person who commits an offence
in his presence or whom he reasonably suspects of having committed an offence. In certain
circumstances, a private person may also arrest another without warrant and as soon as
practicable, hand him/her over to the police. Similarly, a judge or magistrate may arrest or
order the arrest of any person who commits an offence in his presence or within his/her
jurisdiction. A person may also go to the police and lodge a complaint at a charge room that a
crime has been committed, whether the person is known or unknown.

The Charge Room

At the charge room, the officer in charge hears the complaint, records it and attaches a label
to his summation of facts in the light of his knowledge of law. If the label is other than a
crime, he dismissed the complaint. The charge room officer may dismiss any complaint on the
ground that it is false, trivial, vexatious, frivolous or civil. Otherwise, he admits the case,
records it and refers both the complaint and the suspects, if any, to the crime branch for
investigation accordingly. As a matter of practice, the charge room officer must record the
name and address of the complainant, the time, date, place and nature of every complaint
he/she receives in the course of his/her duty as well as his/her actions and decisions on each.

THE BAIL

BAIL is an important component of the right to personal liberty enshrined vide section 35
of the Constitution. Therefore, bail is a right. The legal basis for bail is the presumption of
innocence of the accused or suspect. Presumption of innocence is provided in section 36(5) of
the Constitution as one of the Constitution safeguards for a fair hearing. However, a person
may be denied of his right to personal liberty in the following circumstances as provided in
section 35(1)(c):
¡. To bring him before a court in execution of the order of a court;
¡¡. Upon reasonable suspicion of his having committed a criminal offense; and
¡¡¡. To prevent his committing a criminal offense.

Section 35(4) however demands that any person denied of his liberty in this regard shall
be brought before a court of law within a reasonable time otherwise the person should be
released on bail. A reasonable time is further defined in Section 35(5) as: ”i. 24 hours(a day)
in the case of an arrest or detention in any place where there is a court of competent
jurisdiction within a radius of 40kms; ¡¡. In any other case, 48 hours (two days) or any longer
period, which given the circumstances of the case, the court considers reasonable.”
However, the Court is duty-bound to uphold, enforce and enjoin the observance of this
fundamental right as enshrined in the law. Unfortunately, most Police officers use bail as a
sort of punishment on the Defendant especially when the defendant is unable to pay their
biddings and as such, they detain the defendant longer than necessary even against the
constitutional provisions. Accordingly, Bail, therefore, arises at three stages of the criminal
justice process:

¡. The police may release a suspect on bail pending further investigation;

¡¡. The court may release an accused on bail pending the determination of the case against
him; and

¡¡¡. The court may release a convicted person on bail pending the determination of his appeal
against his conviction.

Who may grant bail?

Those entitled to grant bail under the Nigerian law are the Police, the Court, and Government
Agency. The right to bail of a suspect is protected under Section 62(2) of the Police Act,
2020. It provides thus: “The Police officer in charge of a Police station shall release the
suspect on bail on his entering into a recognizance with or without sureties for a reasonable
amount of money to appear before the court or at the police station at the time and place
named in the recognizance”

Following the above, the issue of bail can arise at three stages in the criminal process, at the
police known as Administrative bail, at the trial stage, and the appeal stage. Thus, where an
accused person has been arrested by the police for an offense other than a capital offense,
such an accused person is expected to be granted bail by the police within 48 hours.
Unfortunately, this is not usually the case as the police are very notorious for keeping
suspects in custody for well over 48 hours on the ground that they are yet to conclude their
investigation. It must be noted that this practice of the Police is unconstitutional because it
goes contrary to the provision of Section 35 (4) of the Constitution which provides that
suspects must be charged to court by the police within 24 or 48 hours.

Factors to be considered in application for bail

In Ogbuawa v. F.R.N (2011) 12 NWLR (Pt. 1260) 100, the Court held that “When it comes to
the issue of whether to grant or refuse bail pending trial of an accused person by the trial
court, the law has set some criteria which the trial court shall consider in the exercise of its
judicial discretion to arrive at a decision”. The criteria have been stated in several decisions of
this court and the apex court. Such criteria include inter-alia, the following,

1-The nature of the charge

2- The strength of the evidence which supports the charge
3- The gravity of the punishment in the event of conviction,
4-The previous criminal record of the accused, if any,
5- The probability that the accused may not surrender himself for trial.
6-The likelihood of the accused interfering with witnesses or may suppress any evidence that
may incriminate him.
7-The likelihood of further charges being brought against the accused.
8-The probability of guilt
9-Detention for the protection of the accused,
10-The necessity to procure medical or social reports pending final disposal of the case

ARRAIGNMENT or APPEARANCE IN COURT

A criminal process may be initiated in any of the following ways.

i. Bringing a person arrested without a warrant before a court upon a charge by a

police officer.
ii. Laying a complaint before a magistrate or high court.
iii. Filing information before a high court with the consent of the judge.

The most common approach adopted nowadays is to file an information by the direction or
with the consent of a judge. An information is a formal document bearing one or more counts
or accusations in a non-summary trial in the High Court, and must contain at least one count
charging an indictable offence. It is required to show the names of the parties, the court of
trial and judicial division, date, statement of the offence and particulars of offence.

ARRAIGNMENT: is the calling of an accused person formally before the court by Name at the
beginning of a criminal proceedings, to read to him the indictment Or information brought
against him and to ask him whether he pleads guilty or Not guilty. In other words,
arraignment means, the registrar or other officer of Court calling the accused by name while
the accused is standing in the dock and Reading over and explaining the charge or
information to the accused in a Satisfactory way and asking the accused to make1 his plea
thereto instantly. This Is called the arraignment of a person before a court.

An accused person may plead as follows:

1.Utrefois acquit: Autrefois acquit means a plea that he has been tried for The same offence
before and has been acquitted. This plea is an application Of the rule against double
jeopardy, which states that a person cannot be Tried twice for the same offence. It is a
fundamental right under the fair Hearing provisions of the Nigerian Constitution.

2. Autrefois convict: Autrefois convict means a plea that he has been tried And convicted for
the same offence on a previous occasion. He cannot be Tried again. This is also an application
of the rule against double jeopardy.

3. He may stand mute:” Where an accused stands mute, that is, without Saying anything, a
plea of not guilty is usually entered for the accused. This Is so because the law provides that
where an accused stands mute, a plea of Not guilty has to be mandatorily recorded for him by
the court Plea of Guilty to a Lesser Offence:” However, while intending to plead ‘not guilty” to
the offence charged, an accused person may plead guilty to a Lesser offence which is not on
the information. Where this plea is accepted By the prosecution, the court may pass its
sentence accordingly. Here the Prosecution usually drops the instant charge. Thus, paving the
way for the Court to sentence the accused for the lesser offence admitted. Thus, there is
Room for plea bargain

He may plead guilty to the offence charged

He may plead not guilty

Plea of Guilty

Where an accused person pleads guilty the Counsel for the prosecution will give The courts
summary of the evidence together with details of the accused person. That is, character and
his criminal record, if any. After this the Background, Counsel for the defence usually makes
his allocutus or plea in mitigation of Sentence and the court then passes its sentence.
Plea of Not Guilty”

Where an accused person pleads not guilty, the trial then proceeds.

The Trial

During the trial, there is a hearing of evidence and a full inquiry into the case culminating in a
verdict. Parties and their witnesses are present in the court. The case is called, the accused
enters the dock while the witnesses leave the court and out of hearing. The prosecutor opens
his case. He may or may not make a statement before he calls his first witness, leads him/her
in evidence-in-Chief. The accused or his counsel cross examined and the prosecutor re-
examines. The process is repeated for each witness, and at the conclusion of the case for the
prosecution, the accused must be warned of his rights. These rights include the following.

1. His right to elect to keep mute, remain where he is at the dock, and to say nothing.
2. His right to elect to give evidence from where he is at the dock and he will neither be
sworn nor questioned.
3. His right to elect to testify on oath in the witness box and be cross-examined.

The accused must elect and his election recorded. Where he testifies in the witness box as a
witness, he, like any other witness or witnesses, is led in evidence-in-chief, cross examined
and re-examines. Should he introduce new matters in the course of re-examination, the
prosecutor will be given an opportunity to rebut it. The judge/magistrate has the pioneer to
call on an earlier witness.

The court serves as both judge and jury. As a jury, the court must set out the facts of the case
as it finds and decide the guilt of the accused. As a judge, the court applies to law to the facts
and determines the punishment or otherwise.

Mode of Trial

A trial may take either of the following forms.

1. A summary trial for a summary offence

2. A summary trial for an indictable offence

Trial following a preliminary inquiry

Statutes permit some indictable offences to be tried summarily. The motivation of the
prosecutor in this regard may range from convenience, expedition and desire to obtain he
Verdict

The court is to give a verdict of either “guilty” or “not guilty”. Upon a verdict of not guilty, the
accused must be discharged and acquitted. Where the court funds that the prosecution has
proved its case “beyond reasonable doubt”, it would pronounce a verdict of “guilty”.

The Sentence

Upon finding the accused guilty, the court asks if he/she has anything to say as to why a
sentence should not be passed on him/her according to law. This is what us usually referred
to as “allocation”. The court receives evidence of the accused’s antecedent, which comprises
evidence of anything in the convicted person’s favour like previous conviction, date of birth,
education, employment, domestic and family life, circumstances, general reputation and if
previously convicted, the date of last discharge. The totality of this information enables the
court to arrive at an appropriate sentence. The sentence of the court may be one or more of
the following: death sentence, imprisonment, flogging, fines, forfeiture, seizure,
disqualification, probation, absolute or conditional discharge, compensation, restitution,
costs, damages, reconciliation, deportation, inter alia.

Except where it is mandatory, the choice and question of sentence is discretionary. In theory,
the objective of sentence ranges from retribution, deterrence, to reformation and
rehabilitation or reparation. In practice, the judge or magistrate would consider such factors
as:

Where the crime was planned, whether the offender is a habitual criminal, whether violence
was employed, public interest, the nature of the crime and if there are previous convictions
of the convicted for a similar offence.

APPEAL

Appealing a judgment is simply a process of inviting a higher court than the lower court,
which adjudicated and gave judgment on a matter to review such decision. The process
entails finding out whether the lower court arrived at a correct decision after evaluating and
considering the evidence before it and the applicable laws.

Appeals involve proceeding from the judgment of a trial court to an appellate court or from
one appellate court to another appellate court. Appeals are important because it affords a
litigant who is not satisfied with a judgment given or whose judgment given is affected to
appeal such a decision(s). Thus, appeal creates an opportunity to give another set of judges
the right to assess the decision of a lower judge. A party who files an appeal is called an
Appellant and the party whom it is filed against is called the Respondent.

The main laws governing appeals in Nigeria are;

.The Constitution of the Federal Republic of Nigeria 1999 (as amended),

.The Supreme Court Act

.The Court of Appeal Act, and

.The rules of various courts.

Party to an Appeal matter

Section 243(1) (a) of the 1999 Constitution provides for only two (2) categories of persons
who can exercise the right of appeal in civil cases. They are:

1 Any party on record, which is the party to the proceeding whose name appears on the
process.

2 Any non-party interested in the matter with leave of the trial Court or Court of Appeal. In
this instance, where a party claims to be an interested party, he must show that his interest is
affected by the decision he wants to appeal against. Failure to obtain leave of Court before
appealing as a non-party having an interest in the matter renders the appeal incompetent.

Conclusion

In conclusion, criminal procedure is a complex and important aspect of the legal system that
involves multiple stages and procedures designed to ensure that the rights of all parties
involved are protected. It is crucial that these procedures are followed correctly to ensure
that justice is served and that the legal system operates fairly and impartially.