Criminal Litigation in Nigeria

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Questions and Answers

What is the scope of criminal litigation?

From trial to conviction

From investigation to conviction (correct)

From complaint to appeal (correct)

From arrest to sentence

What is the primary source of law guiding criminal litigation in the FCT?

Police Act 2020

Evidence Act 2011

Administration of Criminal Justice Act 2015 (correct)

Constitution of the federal republic of Nigeria 1999

What is the secondary source of law guiding criminal litigation in Nigeria?

Administration of Criminal Justice Act 2015

Administration of Criminal Justice Law of Kano State 2019

Children and Young Persons Law

Constitution of the federal republic of Nigeria 1999 (correct)

What should the court do when there is a lacuna in criminal litigation?

Adopt a procedure that will do substantial justice between the parties concerned Signup and view all the answers

Which of the following is not a primary source of law guiding criminal litigation in Nigeria?

Constitution of the federal republic of Nigeria 1999 Signup and view all the answers

What provision prohibits the application of English rules in criminal litigation?

Section 35 of the High Court Law of Northern Nigeria Signup and view all the answers

Which of the following is not a secondary source of law guiding criminal litigation in Nigeria?

Administration of Criminal Justice Act 2015 Signup and view all the answers

What is the effect of Section 2(1) of the Administration of Criminal Justice Act 2015?

It applies the Act to the FCT and other offences punishable in the FCT Signup and view all the answers

What is the requirement for procuring a search warrant?

Upon information on oath and in writing Signup and view all the answers

Who can issue a search warrant according to section 146 ACJA?

A judge, magistrate or justice of peace Signup and view all the answers

What is the duration of a search warrant?

Until it is executed or cancelled by the Court Signup and view all the answers

What is NOT included in the contents of a search warrant?

Name of the suspect Signup and view all the answers

What is the requirement for a person in occupation of the premises to be searched?

To give free access and afford all reasonable facilities for the search Signup and view all the answers

What can a police officer do if the person in occupation refuses to grant free access?

Break into the premises to conduct the search and break out Signup and view all the answers

Who can search a person suspected of concealing an article?

Another woman if the person to be searched is a woman Signup and view all the answers

What is the provision in the Police Act regarding a police officer's authority to authorise a search of premises?

A police officer cannot authorise a search of premises Signup and view all the answers

Who can conduct a search of a person if a medical practitioner is not available?

A police officer in good faith Signup and view all the answers

What must be done with the articles recovered from a person searched?

They must be placed in safe custody and an inventory kept Signup and view all the answers

What is the purpose of section 5(2) ACJL?

To ensure that a person is searched by someone of the same sex Signup and view all the answers

What is the limitation of the search of a woman according to section 5(3) ACJL and 9(4) ACJA?

It is limited to her person only Signup and view all the answers

On what basis is it unacceptable to search a person?

On the basis of previous conviction Signup and view all the answers

What is required to search premises?

A search warrant Signup and view all the answers

What does section 144 ACJA and section 104 ACJL Lagos extend to?

Ships, buildings, and aircraft Signup and view all the answers

What is the consequence of not signing the inventory?

It does not invalidate the inventory Signup and view all the answers

Who can be subject to the jurisdiction of an Area Court?

A person who consents to be tried by the court Signup and view all the answers

What is the sentencing power of a Magistrate Court in Lagos?

14 years imprisonment Signup and view all the answers

What type of appeal lies from the Area Court Grade 1 and 2 in the north?

Criminal appeal to the Upper Area Court Signup and view all the answers

What is the limitation on the sentences that a Magistrate Court in Lagos can impose?

14 years imprisonment Signup and view all the answers

What can be done if a Magistrate Court imposes a sentence more than 14 years?

An appeal can be made against the sentence to the High Court Signup and view all the answers

What is the jurisdiction of a Magistrate Court in Lagos?

Indictable and non-indictable offences, except capital offences Signup and view all the answers

What is the governing law of the Magistrate Court in Lagos?

Magistrate Court Law 2009 Signup and view all the answers

What is the relevant section of the Magistrate Court Law that provides for the limitation on sentences?

S. 29(5) MCL Signup and view all the answers

Where can an application for release from custody be made under Habeas Corpus?

The High Court of the state where he is being detained Signup and view all the answers

What is the format of the application for release from custody under Habeas Corpus?

Motion ex parte, supported by an affidavit and a written address Signup and view all the answers

What is the purpose of an application for bail?

To secure the defendant's temporary release from custody Signup and view all the answers

Who is the appropriate authority to apply to for bail in Lagos?

A Magistrate having jurisdiction over the offence Signup and view all the answers

What is the undertaking of the accused in the application for bail?

To be present at the police station or in any court whenever required Signup and view all the answers

What is the role of the surety in the application for bail?

To fulfill all bail conditions Signup and view all the answers

What is the purpose of the information provided in the sample draft of the application for bail?

To identify the solicitors and the client Signup and view all the answers

What is the condition for the release of the accused on bail?

The provision of a surety Signup and view all the answers

Study Notes

Introduction to Criminal Litigation

Criminal litigation deals with the law and procedure relating to criminal trials, starting from complaint filing to investigation, arrest, trial, conviction, sentence, and appeal.
It involves the law and procedure guiding criminal trials, from the time of complaint filing to the investigation, arrest, trial, conviction, sentence, and appeal of the court's decision.

Sources of Laws/Rules Guiding Criminal Litigation in Nigeria

Primary Sources (Principal Enactments)

Administration of Criminal Justice Act 2015 (applies to the FCT and other offences punishable in the FCT, by virtue of s2(1) of the said Act)
Administration of Criminal Justice (Repeal and Re-enactment) Law of Lagos State 2015 as amended in 2021
Administration of Criminal Justice Law of Kano State 2019

Secondary Sources (Secondary Enactments)

Constitution of the Federal Republic of Nigeria 1999 as amended
Evidence Act 2011
The Police Act 2020
The Armed Forces Act
Coroners' Laws of the States
Children and Young Persons Law
Magistrate Court Laws
Various High Court Laws
Court of Appeal Act
Supreme Court Act
Various court rules
Practice Directions

Procedure to Apply When There's a Lacuna

In the absence of a provision, Section 35 of the High Court Law of Northern Nigeria prohibits the application of English rules; instead, other laws should be looked at.
Section 262 of ACJL (Lagos) provides that when there are no adequate provisions in the law, the court shall adopt such procedure that will do substantial justice between the parties concerned.
Section 492(3) ACJA allows a police officer in good faith to conduct an examination if a medical practitioner isn't procurable.

Search Procedure

A person shall be searched by a person of the same sex, with due regards to decency, unless impracticable (Section 5(2) ACJL, Lagos; Section 51(6a) Police; Section 32(3) Kano).
The search of a person is limited to their person, not to the things they are carrying (Section 5(3) ACJL; Section 9(4) ACJA).
Unacceptable grounds for searching a person include hairstyle, dressing, age, colour, previous conviction, etc. (Section 54 Police Act).
Premises cannot be searched without a search warrant (Section 144 ACJA; Section 104 ACJL, Lagos).
A search warrant remains in force until it is either executed or cancelled by the Court that issued it.

Contents of a Search Warrant

Address of the premises to be searched
Items to be searched for
Directive that the items be seized and brought to court
Date and signature of the person issuing it

Procedure for Executing a Search Warrant

If the person in occupation refuses to grant free access, the police officer has the right to break into the premises to conduct the search (Section 109(2) ACJL; Section 149(2) ACJA).

Search of a Person

Any person in or about the premises so searched may be searched if reasonably suspected of concealing any article (Section 109(1) ACJL; Section 149(1) ACJA).
A person may be searched by another person of the same sex, and may be taken to the police station for that purpose.

Jurisdiction of Courts

Area Court

A person, one of whose parents was a member of a tribe indigenous to Africa, can be subject to the jurisdiction of an Area Court.
A person who consents to be tried by the court can be tried before the Area Court.
A British person can be tried before the Area Court where they consent to it.
Appeals from the Area Court Grade 1 and 2 in the north lie to the Upper Area Court, and then to the High Court.
If it is a civil appeal, it goes to the Sharia Court of Appeal.

Magistrate Court

In Lagos, governed by the Magistrate Court Law 2009, there are no grades of Magistrate Court.
The Magistrate Court can try all offences except capital offences.
The Magistrate Court has a limited sentencing power, which is 14 years imprisonment (Section 29(5) MCL).
If the sentence provided for by the law creating the offence is more than 14 years, the Magistrate Court cannot impose a sentence more than 14 years.
An appeal can be made against the sentence to the High Court, on the ground that the Magistrate Court has exceeded the 14 years maximum.

Habeas Corpus

A person detained can apply to the High Court of the state where they are being detained for release from unlawful detention under Habeas Corpus procedure.
Application is by way of motion ex parte, supported by an affidavit deposed to by the suspect and a written address (MEP + A + WA).

Application for Bail

A sample draft of an application for bail includes the solicitor's details, the client's details, the grounds for the application, and the undertaking to be present at the police station or in any court whenever required.

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Description

This quiz covers the law and procedure of criminal trials in Nigeria, from complaint to appeal. It also explores the principal enactments guiding criminal litigation in Nigeria.