OUTCOMES

1. Discuss the scope of the criminal litigation course;
2. List and compare the laws/rules applicable in various courts & in various parts of Nigeria;
3. Explain and identify the sources of the laws/rules guiding the criminal litigation in Nigeria
4. Explain the types, sittings and settings of courts.

Criminal law is substantive and defines the offence, but criminal litigation is procedural (adjectival law) and deals with the processes of finding an accused guilty of an offence.

Anything that has to do with prosecution under the Administration of Criminal Justice Act 2015 (ACJA) in the south is referred to as defendant while prosecution in the north is referred to as accused. There is a difference between a suspect and an accused/defendant. A suspect becomes an accused/defendant when they are charged. So be careful with the use of terminologies, a person that has been formally charged to court is no longer a suspect but now becomes an accused if charged in the north and, a defendant if charged in the south.

Stages in the criminal litigation

A suspect__ if there is sufficient evidence during investigation he may then be charged to court and he becomes an accused/defendant upon arraignment__ once the plea is taken the trial has started and if there is a conviction he becomes a convict__ there is an allocutus(a formal statement made to the court by the defendant who has been found guilty prior to being sentenced)in between conviction and sentence, if he is satisfied with his sentence then he performs it, but if dissatisfied he appeals and become an appellant.

Statutes in criminal litigation

Note: the determining factor if something constitutes a primary or secondary statute in criminal litigation is if the statute deals solely with criminal litigation.

Primary statutes:

• Administration of Criminal Justice Act 2015
• Administration of Criminal Justice Law 2011
• Criminal Procedure Act (applicable to Southern States other than Lagos)
• Criminal Procedure Code Laws (applicable in the Northern States)

Secondary statutes:

• Criminal code
• Evidence act 2011
• 1999 Constitution of the Federal Republic of Nigeria
• Criminal law of Lagos 2015
• Penal code act
• Armed forces act
• Children and young persons act

1) ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015: 

It doesn’t apply to the entire federation, its limited to the FCT and federal courts.

Scopes of application (s.2)  – it applies to FCT (so criminal procedure act doesn’t apply in the FCT anymore), Federal courts (National Industrial Courts, Federal High Courts, Court of Appeal and Supreme Court) and trial for offences created by an act of the National Assembly so whether it a high court or federal so long the offence being tried is a federal offence the ACJA will apply.  The ACJA doesn’t apply to Court Marshall S 2(2), they have their own rules.

So note,just because a matter is being tried in a state high court doesn’t mean that the ACJA would not apply; you have to look at the nature of the offence being tried before you make such a conclusion. This is because the offence may be one created by an act of the National Assembly and in such instance it’s the ACJA that’ll apply.

S 493ACJA 2015 repeals the Criminal Procedure Act and the Criminal Procedure Code which formerly applied to federal courts in the south and north respectively, so there is no more recourse to it. The ACJA 2015 now applies in their place and it is the main legislation for the entire national criminal justice system to be applied uniformly in all federal courts.The Criminal procedure code laws applied to all of the states in the north apart from the FCT.

S 492(3) provides that where there is a lacuna in the act, the court may apply any procedure that will meet the justice of the case.

S35 of the High Court Laws of the North says where there is a lacuna they should do as justice demands.

The Criminal procedure laws of the southern states, although formerly of general application in southern states, seized to apply in Lagos in 2007 when the Administration of Criminal justice Law 2007 came into force. This was later repealed by s 370 Administration of Criminal Justice Law Lagos states, 2011, which is the law currently in force in Lagos.

S 262 of the ACJL 2011 also provides for substantial justice between the parties concerned where there is a lacuna in the law.

1. 35 of the High Court Laws of Northern Nigeria 1963 expressly prohibits the High courts in the northern states from relying solely on the use of English practice and procedure in criminal matters where there is a lacuna in its laws.

Note the fine distinctions between the jurisdictions so you can answer problem questions.

Sometimes there are federal enactments that are made to operate as state laws and may be tried in state high courts, in such instances its the ACJL (if its in Lagos) that’ll apply and not ACJA. E.g. Robbery and Firearms act is a federal act but is treated as state law. This is because the act gives concurrent jurisdiction.

The EFCC also act confers concurrent jurisdiction although it’s a federal act.

S 2(1) ACJA 2015 provides that as long as the offence being tried is a federal offence the ACJA will be used regardless of whether it’s being tried in a federal or state court.

An offence created by the National Assembly is a federal offence and where there are no contrary indications the ACJA will apply. Where there are state offences the state law will apply.

Application of the CPA to the Federal High Court

You have to start with S 33 Federal High Court Act. S 33(1) FHC act says

“Subject to the provisions of this section, criminal proceedings before the Court shall be conducted substantially in accordance with the provisions of the Criminal Procedure Act, and the provisions of that Act shall, with such modifications as may be necessary to bring it into conformity with the provisions of this Act, have effect in respect of all matters falling within the jurisdiction of the Court”

Then S.493 of the ACJA 2015 says the CPA has been repealed so it means CPA in s.493 will be replaced with ACJA 2015.

Note also that there is only one Federal High Court in Nigeria irrespective of the various divisions (Abiola v Federal Republic of Nigeria).

Settings of Court

• The position of the judge bench – the bench is usually at the head of the room and in a classical setting the coat of arms is behind the judge.
• The court registrar – the registrar is senior to the clerk and prepares the cause list.The Registrars desk which is meant for the registrar, court clerk and other clerical assistants should be placed beneath the bench and not behind the judge on the bench. The registrar usually has his back turned to the judge and only faces him, when his attention is required.
• The court clerks
• The dock – In a classical setting the witness box is located between the bar and bench. Statements made in the dock are not subject to cross-examination and as such the weight attached to them will be very minimal. There are 3 implications of giving evidence in the dock: 1) Not made on oath, 2) he is not subject to cross- examination, 3) the weight to be attached to it is not much
• Witness box – this is to the right of the judge. This is where evidence is given, evidence can’t be given in the dock, witnesses have to move to the witness box to give evidence.
• Gallery – is meant for litigants and visitors to the court is most times behind the bar and closest to the exit point of the court rooms.
• Any difference in duties between court registrar and clerks?
• Swearing of witnesses, communication between judge, counsel and parties
• Bar – This is meant for robed lawyers and should be located between the registrars’ desk and the gallery.
• 349 ACJL – magistrates of Lagos state court are addressed as your honour.

Note: A lawyer should never address the court sitting down but should raise the authority up to address the court.

Unrobed lawyers sit in the gallery with other visitors.

Note: don’t mix up setting and sitting of court. Setting refers to the physical structural arrangement

Sitting of the court

• Magistrate Court (Lagos): sitting all days except Saturdays, Sundays and public holidays.
• 40 (2) Magistrate court Law 2009 states that in relation to Saturday, there can be a designated court sitting to bail and non custodial disposition but this does not derogate from the rule that if parties and the judge consent courts can sit on non-juridical day.
• Note s.40 (2) – at least one magistrate court in a magisterial district to sit on Saturday for hearing matters relating to remand, bail, and other non-custodial disposition.
• In Lagos inferior courts (e.g. Magistrate courts) are addressed as your honour, while in other jurisdictions inferior courts are referred to as Your Worship. Superior courts are generally referred to as Your Honour.
• Where a court sits on a non-juridical it is null and void.

Court proceedings conducted on a Sunday or public holidays are null and void (s 52 of the High Court Law, Lagos State 2004) as they are non- juridical days.

• A court can sit on a non-juridical day where the parties consent - Ososanmi v COP14 W.A.C.A 24

Order 45 Rule 5 of the High court of Lagos State Civil procedure rules empowers the court to sit on non-juridical days subject to the agreement of the parties

• What is a court? A court need not be in an enclosed place. It can be anywhere. A court can move to the locus and sit as a court- locus in quo.

S200 ACJL 2011 – It must be a place accessible to the public. This is the most important feature of a court.

S 200 Administration of Criminal Justice Law 2011 in addition to s36(4) of the 1999 constitution of the Federal Republic of Nigeria requires the court to be in a public place.

Criminal cases are commenced by charge sheet while, in civil matters it is by pleadings, writ of summons.

General principles

The procedure law that will guide the trial in a state high court will be that of the state.

The ACJA states its scope of the application and basic principles, which are:

• Because the ACJA is an act of the National Assembly it would not ordinarily apply to any state. Prima facie ACJA should not apply to any state, its only applicable to FCT because it’s the National Assembly that legislates for the FCT. So if the scenario is based in a state other than the FCT then the law of the state will apply e.g. Enugu – CPL, Kaduna – CPC, Lagos - ACJL
• It applies to Federal courts because they are federal.
• Then it goes on to state that if a federal offence is being tried in any state the ACJA will apply. See s2 ACJA