THINGS TO NOTE IN CRIMINAL LITIGATION

Question 1

Why is criminal trials territorial?

Answer 1

1. The court are seised with criminal matters that was committed in that state.
2. The law empowers the House of Assembly make laws for the states, therefore a state cannot legislate or make laws for another state.

Question 2

Can an offence be tried where the victim or property is found?

Answer 2

YES! but it’s not applicable in Lagos

Question 3

When can a court try a matter committed during the course of a journey?

Answer 3

-Where the suspect resides(not applicable in Lagos)
o The victim or property resides, or
o Any state passed during the journey.

Question 4

What happens where a suit is commenced in the wrong judicial division in Lagos?

Answer 4

It can be tried except the def objects when called to take his plea then the Court may transfer to another division on the application of the prosecution or defendant. S.58 (4) & (5) ACJL Lagos

Question 5

What is the provision of OKORO V STATE and NJOVENS V STATE?

Answer 5

the court held that where an offence occurred partly in one region and partly in another region, the courts in both regions would have jurisdiction to try the offence.

Question 6

What the position of the law where an offence is a crime in the north but not in the south?

Answer 6

Where an offence is only constituted under the Penal Code, it cannot be instituted in the South-AOKO V FAGBEMI
36(12) CFRN

Question 7

What’s the difference between substantive and territorial jurisdiction?

Answer 7

Substantive jurisdiction has to do with subject matter.
• Territorial or geographic jurisdiction has to do with area where the matter arose.

Question 8

What are courts of general criminal jurisdiction?

Answer 8

-Area/Customary Courts – Original
• Magistrate Court – Original
• High Courts of State/FCT, Abuja – Original / Appellate
• Court of Appeal – Appellate
• Supreme Court – Appellate

Question 9

What are courts of general criminal jurisdiction?

Answer 9

-Area/Customary Courts – Original
• Magistrate Court – Original
• High Courts of State/FCT, Abuja – Original / Appellate
• Court of Appeal – Appellate
• Supreme Court – Appellate

Question 10

What are courts with specific criminal jurisdiction?

Answer 10

1. Federal High Court
2. National Industrial Court
3. Juvenile Court
4. Court Martial
5. International Criminal Court
6. Coroner’s court

Question 11

What is the jurisdiction of customary court in the SOUTH & LAGOS?

Answer 11

a. against local authority bye-laws,
b. contempt committed in the face of the Court (in facie curae), or
c. where jurisdiction is expressly conferred upon it;

Question 12

How many cadres of customary courts are in Lagos?

Answer 12

It is Customary Court GRADE A and GRADE B

Question 13

How many Cadres of customary court are in the SOUTH?

Answer 13

Customary Court Grade A = N1,000 or 5yrs
• Customary Court Grade B = N400 or 2yrs
• Customary Court Grade C = N100 or 1yr.

Question 14

Where does Appeals from customary court go to?

Answer 14

The MAGISTRATE COURT

In civil, it is the CUSTOMARY COURT OF APPEAL but the CCA lacks criminal jurisdiction in Criminal matters

Question 15

How many cadres of MAGISTRATE COURT IN THE SOUTH?

Answer 15

SEVEN CADRES
1. Chief Mag Grade I
2. Chief Mag Grade II
3. Senior Mag Grade I
4. Senior Magistrate Grade II
5. Magistrate Court I – 3 yrs or N10,000
6. Magistrate Court II – 2 yrs or N5,000
7. Magistrate Court III

Question 16

Jurisdiction of the Magistrate court in the South?

Answer 16

All non-indictable offences, and indictable offences with the consent of the Defendant, other than capital offences.(consent is not needed in Lagos)

Question 17

What is the composition of magistrate court in Lagos?

Answer 17

There are no longer magistrate courts in Lagos, the hierarchical order has been abolished.
S 91 & 93

Question 18

What’s the term of imprisonment that can be granted in a Magistrate court?

Answer 18

14 years and no jurisdiction to try capital offense

Question 19

How is jurisdiction increased in the magistrate court of Lagos?

Answer 19

it is increased by the Attorney General on the recommendation of the Lagos
State Judicial Service Commission, subject to approval of the House of Assembly.

Question 20

Jurisdiction of the High court in the South & Lagos?

Answer 20

All indictable offences contained in an information.

S. 272 (1) CFRN

Question 21

When can an Area Court in the FCT have criminal jurisdiction?

Answer 21

Only when the JUDGE is a LEGAL PRACTITIONER

Question 22

What is the jurisdiction of offences of the Area Court in the North?

Answer 22

They can try all offences apart from CULPABLE HOMICIDE & CAPITAL OFFENCES

Question 23

What is the jurisdiction of Area Court in the North over persons?

Answer 23

1. A descendant of members of an indigenous tribe in Africa
2. A person, one of whose parents was a member of a tribe indigenous to Africa; and
3. A person who consents to be tried by the court.

Question 24

Appeals from Area Court goes to where?

Answer 24

AREA COURT-UPPER AREA COURT
UPPER AREA COURT-HIGH COURT

Question 25

What is consecutive sentence under ACJ KANO?

Answer 25

Where the court sentence a defendant in respect of more than one offence and it orders such sentences to run consecutively, the aggregate term shall not exceed twice the maximum punishment which the court can ordinarily impose. **Section 23 ACJL, Kano.**

Question 26

Consecutive sentence under ACJA?

Answer 26

It shall not exceed **four (4) years** of the limit of jurisdiction.

Question 27

Consecutive sentence under ACJL Lagos?

Answer 27

In Lagos, in all circumstance, the punishment must not exceed **14 years**

Question 28

How is a remand order brought under ACJL, ACJA and ACJL KANO?

Answer 28

ACJL-**FORM K** 30+1 month. ACJA-**EX PARTE**14+14+14+4 ACJL KANO-**FORM contained in Appendix D**21+14+14

Question 29

Conditions that the court will consider before granting remand order?

Answer 29

1. Circumstances of the case 2. Nature and Seriousness of the offence 3. Reasonable suspicion that the suspect is involved in the commission of the crime 4. Reasonable suspicion that the suspect will commit another crime

Question 30

When can the juvenile court lack jurisdiction to trial young persons?

Answer 30

1. When he committed a capital offence-**S 8(2) CYPL** 2. When he committed the offence with an adult- **S 6(2) CYPL**

Question 31

Determination of the age of a juvenile?

Answer 31

1. Physical appearance of the accused person 2. Expert evidence-Medical report by a medical doctor**MODUPE V COP** 3. Birth certificate 4. Oral evidence of the family members

Question 32

Does the Federal High Court exercise exclusive jurisdiction over Criminal matters?

Answer 32

**NO! S 251(3)** it shares concurrent jurisdiction with the SHC because: a. There is omission of the word exclusive b. Section 272 of CFRN provides for the unlimited jurisdiction of SHC while Section 286(1)(b), provides for the SHC have power to try federal offences.

Question 33

What are the Exclusive for FHC?

Answer 33

Section 26 of NDLEA Act- Exclusive • Section 76 & 99 of the Terrorism Act 2022- Exclusive • Section 23 of the Money Laundering Act 2022 - Exclusive • Section 8 of the Counterfeit Currency Act- Exclusive • Section 103 of the Copyright Act 2022- Exclusive

Question 34

What is Exclusive for SHC?

Answer 34

Section 9 of **Robbery and Firearms Act**

Question 35

What do you look for to determine if the FHC or SHC has jurisdiction?

Answer 35

you should look out for is under what LAW the person is tried, and not the Agency that tries such person. This is very important.

Question 36

What section provides for the National Industrial Court?

Answer 36

**SEC 254(1) CFRN** Appeals from NIC goes to Court of Appeal

Question 37

What is the composition of GENERAL COURT MARTIAL?

Answer 37

1. President with not less than **4 members** 2. Waiting member 3. Liaison officer 4. A judge Advocate

Question 38

, What is the composition of a Specific court martial?

Answer 38

1. A President and not less than two members, 2. A Waiting member, 3. A Liaison officer and 4. A Judge Advocate.

Question 39

Who may be a judge advocate?

Answer 39

A judge advocate must be a commissioned officer and legal practitioner of not less than **3 years post call**

Question 40

What is the case of **OKORO V NIG ARMY** in court martial?

Answer 40

A person subject to service law cannot be tried by a lower rank officer

Question 41

What is the time limit for offenders subject to service law?

Answer 41

**3 Years** except offences relating to mutiny, failure to suppress mutiny & desertion.

Question 42

Can a retired officer subject to service law still be tried?

Answer 42

YES! within **3 months** after his retirement **SEC 169(2) AFA**

Question 43

Who can convene a COURT MARTIAL?

Answer 43

1. The president 2. Service Chiefs 3. Chief of Defence staff 4. . A General Officer, or A Brigadier, A Colonel, or A Lieutenant Colonel, 5. An officer acting in place of the above bodies **SEC 131(2) AFA**

Question 44

Can the power to convene a court martial be delegated?

Answer 44

Yes, it can! through writing or orally.

Question 45

How is a death sentence imposed under Court Martial?

Answer 45

Concurrence of all the members to secure conviction of death, but where there is no concurrence, it may award a lesser punishment. at least **7 members** to pass a death sentence, and it must be approved by the Convening officer

Question 46

What happens where there is an equality of finding of guilt of the accusers person in court martial?

Answer 46

The officer will be discharged & acquitted.

Question 47

What happens where there is equal votes in the sentence of an accused person in a court martial?

Answer 47

The president will have the casting vote.

Question 48

Trial of Persons after Conviction by Court Martial or Regular Courts?

Answer 48

Where a person has been tried by the court martial, such person can still be tried under the court, but the court will put into consideration the sentence imposed. However where a person has been tried by a court of competent jurisdiction, the court martial cannot try such person again. **SEC 171 AFA**

Question 49

What’s the jurisdiction of the ICC?

Answer 49

**PERSONS NOT STATES** a. committed on the territory of member states, or b. committed by Nationals of member states. 1. Crime of Genocide. 2. Crimes against humanity. 3. War Crimes. 4. The crime of aggression.

Question 50

What are the conditions that must be satisfied for no case submission?

Answer 50

**IBEZIAKOR V COP** 1. Where there has been no evidence to prove an essential element/ingredient in the alleged offence 2. When the evidence adduced by the Prosecution had been so discredited during cross-examination 3. When the evidence is so manifestly unreliable that no reasonable Tribunal/Court can safely convict upon it

Question 51

Can an arrest be effected in a court room in Lagos?

Answer 51

No! whether the judge is sitting or not. **SEC 27(2) ACJL**

Question 52

Can you arrest a suspect within the precincts of the National Assembly?

Answer 52

NO! except where the president of the legislative house permits it. **TONY MOMOH V SENATE**

Question 53

Is confessional statement binding generally?

Answer 53

**NO!** unless it has been adopted by words or by conduct. **COP V UDE** **S 29(4) EA**

Question 54

qualifications to be a member of court martial?

Answer 54

1.Members of Court Martial must be subject to service law 2. must be at least 5 years in service.

Question 55

who is a judge advocate?

Answer 55

Commissioner officer of not less than 3 years. • A judge advocate guides and advises the court on rules of evidence, practice and procedure.

Question 56

should the waiting member, liaison officer and judge advocate be counted for the purpose of constitution of the court martial?

Answer 56

No! They are regarded as adjuncts to the court.

Question 57

Time for trial of offenders subject to military law for an offence?

Answer 57

THREE YEARS EXCEPT FOR 1.MUTINY 2. FAILURE TO SUPPRESS MUTINY 3. DESERTION. 4. Civil offences committed outside Nigeria as there is no time limit within which to try the person in relation to these offences in the court martial- it must commence within three (3) years of committing the alleged offence. **SEC 169 AFA**

Question 58

Time to commence an action where such person is retired in the AFA?

Answer 58

Within 3 months from the date of retirement except for offences relating to mutiny, failure to suppress mutiny & desertion.

Question 59

who can convene a court martial?

Answer 59

1 The president 2. Chief of defence staff 3. Service chief-Army or Navy 4. A General Officer, or A Brigadier, A Colonel, or A Lieutenant Colonel, 5. Other officers authorized to act in place of the officers.

Question 60

is the power to convene a court martial delegatable?

Answer 60

Yes! it is. • The delegation cannot be done orally, as there must be a convening order in writing which is mandatory. **Bakoshi v. Chief of Naval Staff**

Question 61

how is voting at the court martial done?

Answer 61

-However, where there is equality of votes on findings, the accused shall be acquitted. -A tally in finding, the accused is discharged. If tally on sentence, the president has a second vote.

Question 62

how is death sentence passed at the court martial?

Answer 62

• A Court Martial must consists of at least seven (7) members to pass a death sentence, and it must be approved by the Convening officer. Failure to sign the death sentence will render it void.

Question 63

Time to appeal a sentence of death at court martial?

Answer 63

Time to appeal decision of a court martial involving sentence of death is within 10 days of the date of promulgation of the finding of the court

Question 64

appeals from court martial goes to?

Answer 64

THE COURT OF APPEAL then the SUPREME COURT Notice of appeal must be filed within 40 days from the date the decision was promulgated. In the case of death sentence within 10 days.

Question 65

Can a person subject to service law be tried in the civil court?

Answer 65

Yes! but such person cannot be tried for military offenses in a civil court. Where a person subject to service law commits a civil offence, such person can be tried first by a court martial because it is provided for in the AFA and it has jurisdiction. Also, he can be tried by the regular courts thereafter for the same civil offence and the civil court can also punish but will take into consideration the punishment given by the court martial in awarding punishment.

Question 66

can the AG institute an action in the court martial?

Answer 66

NO!

Question 67

can nolle be entered on appeal?

Answer 67

His only limitation is that he must enter such nolle any time before judgment. • The implication of this is that nolle cannot be entered on appeal.

Question 68

time to amend a charge?

Answer 68

AMENDMENT OF CHARGES • A charge can be amended any time before judgement. MON+A+WA **DURU V COP**

Question 69

Sample answer to a leading question for expert witness.

Answer 69

It is a leading question. it is not allowed in this case. This is because leading questions are generally not allowed in examination in chief. Although it may be allowed in introductory matters, in this instance it bothers on the qualifications and experience of a witness who is an expert & there is need for him to establish his expertise. Section 221 EA

Question 70

conditions for amendment of charge to be granted?

Answer 70

The amendment must relate or similar to the original charge or the court will not allow it. Thus, the court should not permit the amendment of a charge if it will cause injustice to the defendant

Question 71

can a court martial be convened orally?

Answer 71

Every court martial must be convened by a convening order in writing and duly signed by an appropriate authority. Therefore where there is no convening order the court martial will lack jurisdiction; Section 131(AFA). In the instant case, the Chief of Army Stall orally conveyed the Court Martial and therefore; it is invalid.

Question 72

is a spouse a compellable witness for the prosecution?

Answer 72

A spouse is generally not a competent or compellable witness for the prosecution except under S.182 EA: o Sexual offences o Offences against property of the spouse. o Offences involving violence against the spouse.

Question 73

EFFECT OF DENIAL OF A PARTY’S RIGHT TO ADDRESS BY A JUDGE?

Answer 73

However, where the right to address is denied and it occasioned a miscarriage of justice, the judgment may be reversed. **SEC 294(1) CFRN**

Question 74

When is a prosecutor entitled to reply after the address of the defendant?

Answer 74

It depends on how the defendant conducts his case and/or on the status of the prosecutor. • A LAW OFFICER WILL ALWAYS HAVE A RIGHT OF REPLY-Officers in the ministry of justice **OSAHON V STATE**

Question 75

is hadid lashing applicable everywhere?

Answer 75

NO! just in the north. Hadid Lashing is not a sentence under the criminal law applicable in the south and a person cannot be sentenced to a punishment not provided in law. **AOKO V FAGBEMI**

Question 76

can a private person effect an arrest?

Answer 76

A private person effecting an arrest may render himself liable in damages for false imprisonment if he fails to hand over the person arrested to a police officer or take him to the nearest police station without undue delay -- **JOHN LEWIS & CO Ltd v. TIMS.**

Question 77

jurisdiction of a private person to arrest)

Answer 77

1. Misdemeanor-commit at night 2. Felony 3. Indictable offence

Question 78

Rule guiding expert witness?

Answer 78

• As a general rule, opinion evidence is inadmissible pursuant to section 67 EA 2011. • However, expert opinion is an exception and is therefore admissible in evidence once relevant pursuant to section 68 EA.

Question 79

can the court recall witnesses?

Answer 79

• The court has the power to: a. recall a person whose testimony it feels is relevant to testify, even if the person has not been called as a witness, or b. recall any person who has been called earlier.

Question 80

can bail be refused because it was made orally?

Answer 80

The position of the law is that an application for bail can be made orally before any court and no court shall refuse an application for bail simply because it was made orally, however, the court instead of refusing to grant such oral application, may order the defendant to bring a formal application **ABIOLA V FRN**

Question 81

how to lay proper foundation for statement of account?

Answer 81

1. The statement of account was printed from the ordinary books of the Bank 2. The statement of account was printed in the ordinary cause of business. 3.The statement was in control and custody of the bank as at the time it was obtained and; 4. The statement of account was examined with the original entry and it is correct; section 90(e) Evidence Act 2011 as amended.

Question 82

conditions for no case submission?

Answer 82

Where there is ground for proceedings, no matter how slight, the court will overrule a no case submission. • That is to say that the accused has a case to answer as he will be called to enter his defence and give evidence.

Question 83

what happens where a no case submission is rightly upheld?

Answer 83

Where the no case submission was upheld, it is a decision of the court and should be lengthy and comply with the requirement of full judgment of courts. • The ruling will contain the reasons for the decision