From Past Questions Flashcards
See S.8 (2) of the Children and Young Persons Law Cap. C7, Laws of Delta State, 2008
Where a juvenile is charged with a capital offence, he cannot be tried in a juvenile court but may be tried by a regular court i.e. a State High Court.
By virtue of S. 133 of the Armed Forces Act.
an officer cannot be tried by a court- martial constituted by officers of a lower rank. See Okoro v. Nigerian Army Council
(2000) 3N.W.L.R 647 at P.77
Ososanmi V. C.O.P 14W.A.C.A 24
Generally, the courts in Nigeria can conduct proceedings throughout the year, on every day except on Sundays and public holidays which are non-juridical days (die non- juridical). Proceedings held on non-juridical days of the court are invalid, null and void. However, where the parties to criminal proceedings request the Magistrate or Judge to sit on a non-juridical day, the proceedings will be valid.
Okotie v. C.O.P (1959) 4 FSC 125, S. 101 CPA, S. 384 CPC & S.98 A.C.J.L
The illegality, defect or error in a summons, warrant of arrest or the process of initiating or execution of such process shall not invalidate the jurisdiction of the court to try the alleged offender.
S.31 Legislative Houses (Powers and Privileges) Act 1958 and Tony Momoh v. Senate of the National Assembly and 2 Ors (1981) 1 N.C.L.R 21.
A warrant of arrest remains in force until executed or cancelled by the issuing authority. A warrant of arrest cannot be executed in a legislative house while the house is in session except with the permission of the President or Speaker of the legislative house.
R v. Akinyanju (1959) W.R.N.L.R. at 253
Once a warrant of arrest has been executed (i.e used to effect an arrest) it expires and can no longer be used to effect another arrest.
C.O.P v. Apampa (unreported) M/42/1968 High Court, Lagos Stat
An Area Court is not a court of competent jurisdiction and therefore, it is incompetent to issue a warrant of arrest.
S. 52 of the CPC
Under the CPC, substituted service may be effected by leaving a copy of the summons with an adult male member of the individual family.
S. 79 C.P.C & 7(3) A.C.J.L
Where a premises to be searched is occupied by a woman, not being the person to be searched, and who according to custom does not appear in public, such person shall be allowed to withdraw before the execution of the search warrant.
Musa Sadau v. The State (1968) N.M.L.R. 208
The materials and documents recovered during searches are admissible evidence notwithstanding that the proper procedure was not followed in executing the search warrant. Such materials and documents which are illegally obtained are admissible so long as the materials and documents are relevant to the case. This is so because the basis of admission of evidence is relevancy.
