AN OUTLINE OF CRIMINAL PROCEDURE IN NIGERIA
CONTENTS
1.0 Introduction
2.0 Objectives
- Main Content
- What is Criminal Procedure?
- The Criminal Code and Penal Code
- Statutes Establishing Tribunals
- Procedure under the Criminal Procedure Act and Laws
4.0 Conclusion
5.0 Summary
6.0 Tutor Marked Assignment
7.0 References/Further Reading
INTRODUCTION
The main sources of the law of criminal procedure are the Criminal Procedure Ordinance (in force in Ogun, Ondo and Oyo States), the Criminal Procedure Act (in force throughout the country as Federal Law with respect to Federal matters and in force in Bendel State as state Law), the Criminal Procedure Law of Eastern Nigeria in force in Anambra, Cross River, Imo and Rivers states, the Criminal Procedure Law of Lagos State and the Criminal Procedure Code in force in Bauchi, Benue, Borno, Gongola, Kaduna, Kano, Kwara, Niger, Plateau and Sokoto States. Thus, there are two broad classes of matters that come to court, and these are civil matters, requiring civil mode or procedure of trial, and criminal matters, requiring criminal mode or procedure of trial.
OBJECTIVES
In this unit, you should know the following:
- The meaning of Criminal Procedure
- The Reasoning behind Criminal Procedure
- The Classification of Offences
- That Preliminary inquiry is not a trial
- Indictable and non-indictable offences
- The importance of the division of offences into Indictable and non-indictable offences
MAIN CONTENT
What is Criminal Procedure?
Criminal Procedure is the method or procedure of commencing, conducting and concluding criminal proceedings or matters in court. The sources of the rules regulating procedure in Nigerian courts are mainly the criminal procedure Act and its equivalent laws in the Southern States, Criminal Procedure Code and its equivalent laws in the Northern states. Other sources which provide some criminal procedure rules are, the Constitution, Criminal Code and the Penal Code, Statutes establishing tribunals.
However, the Criminal Procedure Act and its equivalent laws apply and regulate criminal procedure in Southern states of Nigeria where the Criminal Code Act and its equivalent laws apply, while the Criminal Procedure Code and its equivalent laws apply and regulate Criminal Procedure in northern states of Nigeria where the Penal Code and its equivalent laws apply. The 1999 Constitution contains some rules of Criminal Procedure, which must be observed in the course of charging and prosecuting a suspect for an offence, which requirements, if ignored may lead to the whole criminal proceedings becoming a nullity.
The Criminal Code and Penal Code:
Under the Criminal Code and the Penal Code, the criminal procedure is that certain offences cannot be prosecuted.
- Without the consent of the Attorney General, for instance, the offence of sedition
- 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 if it was a continuous act. The failure of the prosecution to observe these procedures usually leads to a nullity of the whole proceedings
Statutes Establishing Tribunals:
Statutes establishing tribunals, court martial and other special courts may stipulate its own procedure and practice which have to be observed, together with the procedures stipulated by the Criminal Procedure Act. A tribunal is a master of its own procedure; provided it observes the rules of natural justice or fair hearing. For this reason, the general rule of law, is that, a tribunal and similar courts are usually the master of their own procedure.
Thus, tribunals and like courts usually determine their own procedure. However, such procedure must not contravene the rules of fair hearing or natural justice, which is a basic requirement of anybody that adjudicates any matter, or who acts in a judicial or quasi-judicial capacity. Anybody who acts in a judicial or quasi-judicial capacity must act in accordance with the rules of natural justice or fair hearing.
Procedure under the Criminal Procedure Act and Laws:
The Criminal Procedure Act and equivalent law regulate criminal procedure in the southern states. The content of the criminal procedure Act is reproduced as follows:
Section:
- Short little
- Interpretation
- Arrest
10-16 Arrest without warrant and procedure thereon
17-20 Bail on arrest without warrant
21-27 Warrant of arrest and general authority to issue
28-29 Execution of warrant of arrest, etc.
SELF ASSESSMENT EXERCISE
In a criminal procedure how can a crime be classified?
CONCLUSION
In this unit, we have discussed the introduction the concept of criminal procedure, the Criminal Code and Penal Code, the Statutes establishing tribunals, and procedure under the Criminal Procedure Act and Laws. Thus, we conclude that a warrant of arrest is not to be issued in consequence of a complaint unless the complaint is one made on oath by the complainant himself or by a material witness. Information filed in a high court contains essentially a statement that a person is charged before the high court with a specified offence.
SUMMARY
Where a compliant has been made to a magistrate’s court that person has committed an offence, and an application has been made to the magistrate for the issue of either a summons commanding the person to appear before the court for the purpose of the complaint or a warrant for the arrest of the person, the magistrate may issue a summons or warrant to compel the appearance of that person before him. The summons is directed to the person accused of having committed the offence.
TUTOR MARKED ASSIGNMENT
(I) Explain Criminal Procedure, its sources and the Criminal Procedure Act and Laws.
(ii) What do you understand by the Statutes Establishing Tribunals?
REFERENCES/FURTHER READING
Akintunde Obilade, O. (1990) - The Nigerian Legal System, Owerri, Spectrum Law Publishing
Ese Melami, (1999) - Outline of Nigerian Legal System, Lagos Grace Publisher Inc.
Kiralty, A.K.R., (1960) - The English Legal System, London, Sweet and Maxwell.
Nnanyelugo Okoro and Aloysius - Michael Okolie, (2004) - Law, Politics and Mass Media in Nigeria, Nsukka, Prize Publishers.