CRIMINAL PROCEDURE IN THE MAGISTRATE COURT
CONTENTS
1.0 Introduction
2.0 Objectives
- Main Content
- An Indictment or Information
- Commencement of Proceeding
- Proofs of Evidence
4.0 Conclusion
5.0 Summary
6.0 Tutor Marked Assignment
7.0 References/Further Readings
INTRODUCTION
A trial on indictment or information in the High Court is really an elaboration or amplification of a summary trial at the magistrate court. In its pure essence, it is not much different from a summary trial, except for the elaboration of certain procedures. However, the salient stages of criminal procedure at the High Court for trial on information are what is an indictment or information? Proofs of Evidence, Arraignment and plea, plea of guilty, plea of not guilty, prosecution, submission of “No case to answer,” Defence, closing address, judgment, discharge, and finding of guilt and sentence.
OBJECTIVES
In this unit, you should know the following:
- An indictment or information
- Examples of an information
- Proofs of Evidence
- Arraignment and plea,etc
MAIN CONTENT
An Indictment or Information:
An indictment or information is accusation of crime brought by the Department of Public Prosecution against an accused for trial in the High Court. An indictment or information, is a Criminal charge brought against a person by the Attorney General or any of his subordinate legal officers on behalf of the state or country and which is for trial at the High Court.
An Information – Examples:
In the High Court, information of crime is usually prosecuted in the name of the relevant state or in the name of the country, as the case may be. For example, using John the Bad, as an accused person, the information may be brought thus:
State v John the Bad:
Criminal proceedings brought by the state are usually prosecuted in the name of the state in a state High Court.
Federal Republic of Nigeria v John the Bad:
This is sometimes shortened in law reports as Republic v John the Bad. Criminal proceedings brought or on behalf of the Federal Government of Nigeria are usually prosecuted in a Federal High Court. Some public agencies also prosecute crime in their own name, etc.
Commencement of Proceeding:
The summons is directed to the person accused of having committed an offence. It must state concisely the substance of the complaint and require him to appear at a certain time and place being, normally, not less than 48 hours after the service of the summons before the court to answer to the complaint and to be further with according to law.
In certain circumstances, notwithstanding the issue of a summons, the presence of the accused may be dispensed with. For example, under section 100 of the Criminal Procedure Law of Lagos State where a magistrate issues a summons in respect of an offence punishment by a fine not exceeding N100 or by imprisonment for a term not exceeding six months or by both such fine and imprisonment, the magistrate may, on the application of the accused if he sees reasons to do so dispense with the personal attendance of the accused provided that the accused pleads guilty in writing or appears by a legal practitioner and pleads by the legal practitioner.
However, where such application is made by an accused with respect to an offence punishable by only a fine not exceeding N100, the magistrate must grant the application provided the accused himself pleads guilty in writing or appears so pleads by a legal practitioner.
A warrant of Arrest: is not to be issued in consequence of a complaint, unless the complainant is one made on oath by the complainant himself or by a material witness.
An information file: in a High Court contains essentially a statement that a person’s charged before the High Court with a specified offence.
The information begins with a number of information followed by the following items in the order in which they are set forth:
- The title of the case e.g “the state v John ”
- The name of the High Court, e.g. “In the High Court of Lagos ”
- The name of the Judicial Division, e.g “The Ikeja Judicial ”
- The date of preparation of the information, e.g “the 26th day of June, ”
- A statement of information to the effect that the accused is charged with a specified offence before the court on a specified date, e.g. “At the sessions holden at Ikeja, Lagos state, on the 26th day of June, 2008, the court is informed by the Attorney-General on behalf of the state that John Penn is charged with the following offence, etc. Information must contain a description of the offence charged or where there are more than one offence charged in the same information, a description of each offence in a separate paragraph called “a ”
Proofs of Evidence:
The proofs of evidence or evidence in proof means the names, addresses and written statements of the witnesses, that the prosecution wishes to call and the list of exhibits, if any, that the prosecution wishes to put in evidence. Photocopies of the list of the witness, the written statements they made to the police and the list of exhibits, if any, are usually attached to the information filed by the state.
The real essence of attaching these proofs of evidence is to put the accused on notice as to the nature of the case against him, to enable him take steps to prepare and state his defence. This is a fundamental right under the fair hearing provision of the Constitution.
SELF-ASSESSMENT EXERCISE
Discuss what these mean: an information and Proofs of Evidence
CONCLUSION
In this unit, we have discussed the introduction of criminal procedure in the magistrate court. We have as well dealt with an indictment or information, commencement of proceeding, made references, and finally, discussed proofs of evidence. However, where information contains more than one count, the counts must be numbered consecutively.
SUMMARY
Bringing a person arrested without a warrant before the court upon a charge in accordance with the appropriate criminal procedure enactment, in the case of proceedings before a magistrates court.
TUTOR MARKED ASSIGNMENT
- Summons is directed to the person accused of having committed an offence; Comment:
- Explain the following:
- A warrant of Arrest
- An information of Arrest
- Proofs of Evidence, and
- Examples of an information
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 Publishers Inc.
Kiralty, A.K.R., (1960) - The English Legal System, London, Sweet and Maxwell.
Nweke, S.A.N., (2002) - Principles of Crime Prevention and Detection in Nigeria, Enugu,
Ebenezer Productions.