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CRIMINAL LITIGATION
PRACTICE HANDBOOK

Editor-In-Chief
Prof. Isa Hayatu Chiroma, SAN
Director General.

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© Council of Legal Education

Nigerian Law School

All rights reserved. No part of this publication may be

reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying, recording
or any retrieval system, without permission from publishers.

Printed by:
Yaliam Press Ltd.
No. 3, Abeokuta Street, Area 8, Garki, Abuja
08060010202, 09093232264

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EDITORS:
1. Nasiru Tijani
DDG Lagos.
2. Dr. James Atta Agaba ,
DDG Kano.
3. Adedamola Kolawole,
Director Academic, Yola Campus
4. A.F. Afolayan,
Director (Academics) Abuja
5. F.E Ojeih,
Director (Academics) Enugu
6. Beatrice Shuwa,
Deputy Director (Academics) Abuja.
7. Dr. Caroline Oba,
Deputy Director (Academics) Abuja
8. Lilian Effiong,
Senior Lecturer Abuja.
9. Olorunyomi Abel Femi,
Senior Lecturer, Kano Campus
10. Gambo Abdulsalam
Lecturer I Kano Campus
11. D.O Okanyi,
Lecturer I, Enugu Campus
12. Nzarga Felix Daniel
Lecturer I, Yola Campus
13. Ugochukwu Charles Kanu,
Lecturer I Lagos Campus
14. Josephine Nkeonye Egemonu
Lecturer I, Yenagoa Campus
15. Muinat Abdulgani,
Lecturer I, Kano Campus
16. Musa Kasim Bello,
Lecturer II
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10. A. H. Alkali Esq, LL.M, Barrister-at-Law

Senior Lecturer, NLS Headquarters, Bwari,
Abuja FCT

11. Dr. E. Onoja, Ph.D, Barrister-at-Law

Senior Lecturer, NLS Headquarters, Bwari,
Abuja FCT

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PREFACE

The review of the curriculum for the vocational legal training of

aspirants to the Nigerian Bar is a core assignment that has been
painstakingly undertaken periodically in line with international
best practices. This edition is unique in that it contains: the vision
and mission of the Nigerian Law School; the lesson plans for each
module as well as the summarized explanatory notes on the topics,
all simplified for ease of comprehension on the practical training of
Lawyers in the 21st century. A user-friendly soft copy of the
practice handbook is also enclosed to enable students work at their
pace on their computer devices. The need for this practice
handbook is underscored by the fact that a harmonized version of
the revised curriculum for the hands-on interactive learning at the
Nigerian Law School has not been made available to the students
for some years now.

This work is the outcome of a concerted effort by the senior

members of the academic faculties across the campuses of the
Nigerian Law School. They have employed their years of practice
experience and versatility to synthesise leading specialized works
in this field to come up with this students cum practitioners'
companion. It is a deliberate attempt to bridge the gap and mitigate
the hardship which students of modest means may encounter at the
Law School in procuring recommended texts.

It is important to point out, however, that this practice handbook is

not a substitute for attendance at lectures, active participation in
group activities or the procurement of recommended texts. While
we have endeavoured to ensure the accuracy of the content of this
handbook, we will take responsibility for any error discovered.

I acknowledge the invaluable contribution of all the academic

faculties in making this 2016 - 2018 Practice Handbook a reality.
Students will, no doubt, find it a treasured companion while
preparing for the Bar Final examinations and a practice compass in
the early years of legal practice.

PROFESSOR ISA HAYATU CHIROMA, SAN

Director-General. October, 2019.

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VISION AND MISSION STATEMENTS

1. Vision Statement

1. To be a model Institution that aims to attain the highest

standards of legal education and vocational training in the
world;
2. Train lawyers grounded in the ethics of the legal
profession, who can respond to current national and
international legal challenges in a diverse society,
providing leadership in many different walks of life; and
3. To maintain vocational training and capacity building for
lawyers to be intellectually and professionally effective for
meeting global challenges and ethical values.

2. Mission Statement

To:

1. educate and train law graduates in vocational skills that

would enable them function optimally as barristers and
solicitors;
2. adopt skills-based, interactive and clinical methods of
learning that would adequately prepare the graduates for
their roles as lawyers to function as teachers, advocates,
and solicitors, advisers, leaders in private enterprise and
public service;
3. train students to conform to the ethics and traditions of the
legal profession and exhibit the highest sense of integrity
and candour in the discharge of their professional calling;
and
4. inculcate in its graduates the ideals of rule of law, social
justice and community service such as providing free legal
services to the indigent and encouraging the development
of opportunities for access to justice.

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TABLE OF CONTENTS

Preface .. .. .. .. .. .. iv
Vision and Mission Statements .. .. .. v
Table of Cases .. .. .. .. ix
List of Abbreviation .. .. .. .. .. xxi

Chapter One
Introduction to Criminal Litigation .. .. 38
Outcomes. .. .. .. .. .. 38
Sources of the Laws of Criminal Litigation .. 38

Chapter Two
Jurisdiction and venue of Criminal Trials .. 40

Chapter Three
Institution of Criminal Proceedings .. .. 59

Chapter Four
Mode of Instituting Criminal Proceedings .. 67

Chapter Five
Arrest, Searches and Constitutional Rights .. 76

Chapter Six
Bail Pending Trial .. .. .. .. 97

Chapter Seven
Bail Pending Appeal .. .. .. .. 109

Chapter Eight
Charges .. .. .. .. .. .. 116

Chapter Nine
Trial .. .. .. .. .. .. 129

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Chapter Ten
Attendance of Parties and Arraignment. .. 144

Chapter Eleven
Trial Preparation and Evidence .. .. .. 153

Chapter Twelve
Examination of Witness .. .. .. 167

Chapter Thirteen
Case for the Defence .. .. .. .. 175

Chapter Fourteen
Judgment and Sentencing Outcomes .. .. 188

Chapter Fifteen
Appeals .. .. .. .. .. .. 205

Appendix I .. .. .. .. .. .. 223

Appendix II .. .. .. .. .. .. 224

Appendix III .. .. .. .. .. 226

Appendix IV.. .. .. .. .. .. 230

Appendix V .. .. .. .. .. 232

Appendix VI .. .. .. .. .. .. 234

Case Study .. .. .. .. .. 236

INDEX .. .. .. .. .. .. 243

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TABLE OF CASES

A.G of the Federation v. A.N.P.P & 2 Ors. (2003) 18 NWLR

(Pt.851) 182.
A.G. Anambra State v. Nwobodo (1992) 7NWLR (Pt 256) 711 ,
Abacha v. The State (2002) 2 F.W.L.R (Pt 98) 863 .
Abacha v. The State (2002) FWLR (pt. 118) 1224 .
Abass v. COP (1998) 12 NWLR (pt. 577) 308
Abdullahi v. State (1995) 9 NWLR (pt. 417). 115
Abele v. Tiv N. A. (1965) NNLR 425.
Abiola & Ors. v. The Police (1961) All NLR 815
Abiola v. F.R.N (1995) 3 NWLR (Pt. 382) 203 P. 117.
Abiola v. FGN (1995) 2 NWLR (Pt. 382),203
Abodundu v. The Queen (1959) 4 FSC. 70
Adaje v. The State (1979) 6 -9 S.C. 18.
Adamu v. The A. G., Edo State (1986) 2 NWLR 284.
Adebayo v. The State (1987) 2 N. W.L.R. 468 (Pt. 57)
Adeoye v. State (1999) 6 NWLR (Pt 605) 74
Adio v. The State (1968) 6 S.C. 119
Afigbu v. C.O.P (1975) NNLR 128.
Aghachi v. The COP (1963) N.NLR 74
Ahmed v. The C.O.P(1971) N. M.L.R..409
Aigbe v. The State (1976) NMLR 184
Ajayi and Ano. V. Zaria N.A. (1963) 1 All NLR 169.
Ajayi v. The State (1978) 1 L.R.N 260
Ajomale v. Yaduat and Anor (No.1) (1991) 5 NWLR (pt. 191) 257
Ajudua v. F.R.N (2005) All FWLR (Pt. 246) 1274
Akalamba v. The Police (1958) FS.C. 7
Akano v. The A.G. Bendel State (1988) 2 NWLR 20.
Akiga v. Tiv N.A. (1965)2 All NLR 146
Akinbiyi v. Adelabu (1965) 1 F. S.C.45.
Alhaji Launi v. Ezeadua (1983) 6 S.C. 370.
Alhaji Mandara v. Attorney General of the Federation (1984) 4
SC8

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Alhaji Shugaba Daraman v. The Federal Minister of Internal

Affairs and others (1981) 1 N.C.L.R. 25.
Ali v. The State (1988) 1 SCNJ 17
Amaefule v. The State (1988) 2 NWLR 156. (Pt.75).
Amusa v. The State F C.A./I/49/80 of 6/7/81.
Anaekwe v. COP (1995) 6 NWLR (pt. 403) 564
Anani v. R (1951) 13 W.A.C.A. 196
Ani v. State (2002) 1NWLR (Pt 747.)
Ani v. The State (2002) FWLR (pt. 125) 661
Anyebe v. The State (1986) 1 S.C 87
Aoko v. Fagbemi (1963) 1 All NLR 400
Aremu v. The COP (1980) 2 N.C.R. 315
Ariori v. Elemo (1983) S.C.NLR 1
Ariran v. Adepoju (1961) 1 All NLR 72 .
Aroyeun v. C.O.P (1968) NMLR 433.
Associated Provinicial Picture House Ltd. v. Wednesbury
Corporation (1948) 1 K.B.224
Atake v. Afejuku (1996).3 NWLR (Pt.437) 483.
Atano and Anor v. The A. G. Bendel (1988) 2 NWLR 201 (Pt. 75)
Attorney- General of lmo State v. The Attorney-General of Rivers
State (1983) 8 S.C. 10.
Attorney-General of the Federation v. Dr Clement Isong (1986) 1
QLRN. 86
Awobotu v. The State (1976) 5 S.C. 49
Awojobi v. Ogbemudia (1983) 8 S.C 92.
Awolowo and Ors v. Usman Sarki and Ors (1962) L.L.R. 177
Ayub - Khan v. The State (1991) 2 NWLR 127 .
B of C and E v. Hassan (1978) L.R.N. 56).
Babalola v. The State (1989) 4 NWLR 264 (Pt. 115) at P. 276.
Bala v. The C.O. P (1973) N.NLR 26.
Balogun v. Amubikahu (1989) 3 NWLR (Pt. 107) 18
Bamaiyi v. State (2001) 4 SCNJ 103
Bank of England v. Vagliano Brothers (1891) A.C; 107
Bankole v. The State (1980) 1 N.C.R.334
Bayol v. Ahemba (1999) 10 NWLR (Pt. 623)381

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Bello v. The Attorney-General Oyo State (1986) 12 S.C.I

Board of Customs & Excise v. Hassan (1966) L.R.N. 56
Board of Customs and Excise v. Yesufu (1964) N.NLR 38
Boardman v. The Sokoto N. A. (1965) NMLR 329
Bronik Motors Ltd v. Wema Bank Plc (1983) 6 S.C. 158.
Buhari v. Obasanjo (2005) 13 NWLR (Pt.941) 1.
Buwai v. State (2004) All FWLR (Pt. 227) 540.
Caleb Ojo & Anor. V. F.R.N (2006) NWLR (Pt. 984) 103 at 115
Chief Olabode George v. F.R.N (2004) 2 NWLR 37
Christie v. Leachinsky (1947) A.C. 573.
Chukwunyere v. The C.O.P. (1975) 5 E.C S.L.R. 44
Clarke v. The A. G. of Lagos State (1986) 1 Q.L.R.N. 119. The
Clement Isong v. Attorney General of the Federation.
Contrast Okafor v. Nweke (2007) 10 NWLR (pt. 1043) 521
COP v. Tobi (2009) ALL FWLR (Pt. 483) 1302
Customs & Excise v. Senator Barau (1982) 2 N. C.R. 1
D.P.P v. Aluko (1963) 1 ALL NLR 398
Daboh v. The State (1977) 5 S.C. 197
Dagayya v. The State (2006) NWLR (Pt.980) 637.
Dallison v. Caffrey (1964) 2 Al E.R 1203
Dambaba v. State (2000) 14 NWLR (Pt. 687) 396.
Dantata v. COP (1958) NNLR 3
Dogo v. The COP (1980) 1 N.C.R. 14
Dokubo-Asari v. Federal Republic of Nigeria (2007) All FWLR
(Pt. 375) 588.
Domingo v. R. (1963) 1 All NLR 81
DPP v. Akozor (1962) 1 All NLR 235
Duru v. The Police (1960) L.L.R. 130
Ebott v. The Police (1958) 3 F.S.C 37
Echeazu v. The C.O.P (1974}2 S.C. 55.
Eda v. C.O.P. (1982) 3NCLR 219.
Edet Akpan v. The State (1986) NWLR (Pt. 27). 225.
Edun v. The Police (1966) 1 All N.L.R 43
Egbe v. Adefarasin and Another (1985) 1 NWLR (Pt. 3) 549.
Egbe v. The State (1980) 1 N.C.R. 341

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Ejelikwu v. State (1993) 9.SC 152

Ekanem v. R. 13 W.A.C.A. 180
Ekpo v. The State (1982) 1 N.C.R. 34.
Elabanjo v. Tijani (1986) 5 NWLR (Pt 46) 956.
Elias v. Pasmore (1934) 2 K.B 164.
Emedo v. State (2002) 15 NWLR (Pt. 789) 196.
Emelogu v.The State (1988) 2 NWLR (Pt. 78) 524,
Emone v. The Police (1956) NRNLR 49
Enahoro v. The State (1965) 1 All NLR 12 5.
Enuma v. State (1997)1 NWLR (Pt 479) 115
Enweliku v. The State (1970) All NLR 55.
Essien v. The King 13 W.A.C.A 6.
Etuk Udo v. The State (1981) 6 S.C 157.
Eyu v. The State (1988) 2 NWLR (pt. 78) 602
Eze v. Federal Republic of Nigeria (1987) 1 NWLR (part 51)
p.506
Falaju v. Amosu (1983) 2 S.C. 209
Falobi v. Falobi (1976) 1 N.M.L.R 169
Fasusi v. The Police (1953) 20 NLR. 126.
Fawehinmi v. The State (1990) 1 NWLR 486
Fayiga v. The Police (1973):5 CCHCH 35
Federal Republic of Nigeria v. Osahon & Ors. (2006) 5
NWLR(Pt.973) 361.
Felix v. The State (1978) 2 LRN 308
FRN v. Adewunmi (2007) ALL FWLR (Pt. 368) 978
FRN v. Wabara (2013) 5 NWLR (PT. 1347) 331
Gabriel Iyela v. The COP (1969) NMLR 180
Gabriel v. State. Awosika v. State
Gaji v. The State (1975) 5 S.C. 60.
Gali v. The State (1974) 5 S.C
Gano v. The State (1968) 1 All NLR 353
Garba and Ors v. The University of Maiduguri (1986) 2 SC. 128.
Garba v. Maigoro (1999) 10 NWLR (Pt.624) 555
Garba v. State (1999) 11 N. W.L.R. (Pt 627) 422.
Garkida v. The Police (1964) NMLR 103.

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George v. FRN (2011) 10 NWLR (Pt.1254) 1 at 68.

Goke v. The Police (1957) W.R.N.L.R.80
Gokpa v. The C.O.P. (1961) ALL NLR 424
Goodman v. Evans (1954) 1 All E.R. 593.
Guobadia v. The State (2004) 6 NWLR (pt.869) 360.
Gwonto v. The State (1983) 3 S.C 67.
Habibu Musa v. The State (2013) 9 NWLR (Pt.1359) 214
Haruna and 40 others v. The State (1972) All NLR 738.
Holgate Mohammed v. Duke (1984) Vol. 79 CR. App. Rep. 120
Humbe v. The State (1974) N.NLR44
Ibrahim v. The State (1986) 1 NWLR (Pt. 18) 650.
Idirisu v. The State, (1968) NMLR 88
Ifegwu v. F.R.N (2003) 8 NJSC 36
Ikomi v. The State (1986) 5 S.C 313.
Ikonne v. The Commissioner of Police (1986) 4 NWLR (pt.36)
473.
Iluonu v. Chiekwu, Gaji v. State.
Ishola v. The State (1969) NMLR 259.
Jacob Amadi v. FRN (2010) 5 NWLR (Pt. 1186) 87
Jammal v. State (1999) 12 NWLR (Pt 632) 582,597.
Jennifer Madike v. The State (1992) 8 NWLR (Pt. 257), 85
John Lewis and Co. v. Tims (1952) 1 All E. R. 1203
Jones v. The Police 5 F S.C. 38.
Jos N.A. v. Allah N. A. Gani (1968) NMLR 8.
Josiah v. The State (1985) 1 NWLR 125 (Pt. 1)
Kajola v. The COP (1973) 1 All N.L.R, 31.
Kajubo v. The State (1988) 1 NWLR 721 (Pt. 73) 721
Kalu v. State (1998) 13 NWLR (Pt. 583)531
Keith Williams v. The Queen (1984) Cr. App. Rep. 200.
Kema v. The State (1986) 1 NWLR 396.
Kubor v. Dickson (2012) LPELR-9817(SC); (2013) 4 NWLR
(Pt.1345) 534.
Kuruma v The Queen 1955) 1 All E. R. 236.
Lawrence v. The King (1933) A.C. 699.
lbeziako v. The C.O.P. (1963) 1 All NLR 6 1

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lkonne versus The Com. of Police (1986) 4 NWLR (pt.36) 473.

Ludlow v. The Metropolitan Police Commissioner 54 Cr. App.
Rep. 241.
Lufadeju v Johnson (2007) All FWLR (Pt.871)1532 at 1559;
(2007) 8NWLR (pt. 1037) 538
Madu v. The State (1997) 1 SCNJ 44
Maiduguri v. R. (1963) NNLR 1.
Maja v. The State (1980) -1 N.C.R. 212.
Marsh v. The Queen (1986) 83 CR App. Rep. 165
Mattaradona v. Alu (1995) 8 N.W.L.R (pt. 412),225.
Mbele v. The State (1990).
Mbenu v. The State (1988)
Modupe v. The State (1988) 4 NWLR (Pt.87) 130.
Mohammed v. The State (2015) 10 NW LR (Pt. 1468) 496
Moses v. Ogunlabi (1975) 4 S.C. 81.
Mumuni v. The State, (1975) 6 S.C. 79
Munir v. F.R.N (2009) All FWLR (Pt. 500) 775
Musa Sadau v. The State (1968) NMLR 208.
NAF v. James (2002) 18 NWLR (pt. 798) 295
Nafiu Rabiu v. The State (1980) 2 N.C.R. 117; (1980) 8 -11 S.C.
130.
Napoleon Osayande v. The C. O.P (1985) 3 SC. 154
Ndu v. The State (1990) NWLR 550.
Nigeria Army v. Mohammed (2002) 15 NWLR (Pt. 789), 42.
Nnogu v State (2002) FWLR (Pt. 103) 482.
Nunku v. The Police 15 W.A.C.A. 23
Nwachukwu v. The State (1985) 2 NWLR 27.
Nwaefulu and Another v. The State (1981) 1 N.C.R.229
Nwali v. State (1991) 3 NWL.R (pt. 182) 663.
Nwali v. The IGP (1956) 1 E.N.R.NLR l
Nwankwo and Another v. The C.O.P. (1980) 2 N.C.R. 760 .
Nweke v. The State (1965) 1 All NLR 114.
Nwobu v. The Police (1963) N.NLR 9 .
Obakpolor v. The State (1991) 1 N.W.L.R, 113
Obareki v. The State (1982) 2 N.C.R.63

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Obi v. State (1992) 8 N.W.L.R (Pt 257), 76.

Obi v. State (1992) 8 N.W.L.R (Pt 257), 76.
Obisi v. Chief of Naval Staff (2004) II NWLR (pt. 885) 482.
Odofin Bello v. The State (1967) NMLR 1
Offiong v. The C.O.P (1967) N.M.L.R 34 1.
Ofolue v. The State (2005) 3 NWLR (pt. 913) 571 at 600.
Ogbodu v. The State (1987) 3 S. C. 497
Ogboh v. FRN (2002) 10 N.W.L.R (Pt. 744) 21
Ogbomor v. The State (1985) 1 NWLR 223
Ogbunyinya v. Okudo (1976) 6 -9 S.C.32
Ogunlana v. The State (1995) 5 NWLR (Pt. 395) 266
Ogunye v. State (1999) 5 NWLR (Pt. 604) 548
Ohuka v. The State (1988) 4 NWLR 36 (Pt. 86)
Ohwovoriole v. F.R.N. (2003) F.W.L.R. Pt 141) 2019.
Ojo v. Lasisi (2003) All FWLR (Pt. 156) 886
Okafor v. The State (1976) 5 S.C. 13.
Okarie v. The Police (1966) L.L.R. 134
Okegbu v. The State (1981) 2 P.S.L.R. 14
Okeke v. The C.O.P (1960) N.R.NLRI
Okeke v. The Police (1965) 2 All NLR 8 1
Okeke v. The Police 10 W.A.C.A, 363
Okoduwa and Another v. The State (1975) 5 S.C. 23
Okoduwa v State (1988) NWLR (pt. 76) 339, (1988) LPELR 2457
Okojie v. The Police (1961) W.NLR 91 .
Okoli v. The State (1992) 6 N. W.L.R. (Pt 247) 381.
Okon v. The State (1988 NWLR (Pt.69) 172 :
Okon v. The State (1995) 1 SCNJ. 174
Okoro v. State (1998) 14 NWLR (Pt. 584)
Okoro v. The State (1988) 5 NWLR 255 (Pt. 94)
Okoro v. The State (1988) 5 NWLR 255 (Pt. 94).
Okoro v. The State (1988) NWLR (Pt. 74) 255
Okoroji v. The State (1990) 6 E.N.L.R 509 (Pt 157).
Okoruwa v. The State [1975] ANLR 262
Okosun v. The State (1978) 2L.R.N.,314
Okwechime v. The Police (1956)-1 F.S.C. 73

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Oladipupo v. State (1993) 6 SC (pt 2) 233.

Olamolu v. F.R.N. (2009) All FWLR (Pt. 485) 1800.
Olatunji v. The State (2003) 14 N.W.L.R. (PT839) 138
Olowofoyeku v. The State (1984) 5 S.C. 192
Olugbusi v. The CO.P, (1970) 2 All N. L. R.I.
Olusemo v. The COP (1998) 11 NWLR (Pt. 575), 547
Olutola v. UNILORIN (2005) All FWLR (pt. 245) 1151
Omega v. The State (1964) 1 All N. L. R. 3 79.
Onuigbo v. The C.O.P (1967) N.M.L.R 44
Onuoha v State (1989) 2 NWLR (pt. 101) 23
Onuoha v. The Police (1956) NNLR 96.
Onuoha v. The State (1989) 2 N.W.L.R (Pt. 101) 23
Opayemi v. The State (1985) 6 S.C. 347.
Osarodion Okoro v. The State (1988) 3 NSCC. 275
Ososami v. The COP 14 WA.C.A. 24,
Osuji v. The Police (1965) L.L.R. 143
Osuolale v. The State (1991) (158 NWLR (Pt. 212) 770.
Oyediran v. The Republic (1967) NMLR 122
Quatey v. The Police (1957) NRNLR 38
Queen v. Eguabor 1962 1 ALL NLR 287.
R v. Oladimeji (1964) NMLR 3 1.7
R v. Starkie 24 Cr. App Rep.I at 2.
R v. The Comr of Metropolitan Police Exparte Harmond (1964) 3
WL.R.I.
R v. Tunwase (1935) 2 W.A.C.A 236
R. v. Acida 13 W.A.C.A. 48 .
R. v. Adamson (1875) 1 Q.B.D.201
R. v. Cobolah 10 W.A.C.A.283.
R. v. Coker 20 NLR 62
R. v. Donald Matthews and Anor. (1984) CR. A.R. 23.
R. v. Eze (1950) 19 N.L. R. 110 .
R. v. Grantham (1969) 53 C.A.R. 369
R. v. Jammal 16 NLR 54.
R. v. Jinadu 12 W.A.C.A. 368
R. v. Kelly (1965) 9 Cr. App. Rep. 352.

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R. v. ljoma (1962)1 All NLR 399

R. v. Mensah 13 WACA. 140.
R. v. Noku 6 W.A.C.A. 203; R. v. Edu 14 W.A.C.A. 163
R. v. Ogor (1961) 1 All NLR 70.
R. v. Olowu (1971) NMLR 213.
R. v. Omisade (1964) All NLR 233.
R. v. Onubaka (1959) W.NLR.
R. v. Oton 12 W.A.C.A. 212
R. v. Pepple and Another (1949) 12 W.A.C.A. 441
R. v. Rowe (1955) 39 Cr. App. Rep. 57.
R. v. Rowland (1947) K.B 460 32 C.A.R. 29.
R. v. Savage 20 NLR 55
R. v. Simmonds (1967) 51 Cr. App. Rep. 316 .
R. v. Sugarman (1936) 25 Cr. App. R. 109
R. v. The Guest (1964) (3) All E.R. 385 Or (1964) 1 W.L.R. 1273.
R. v. The University of Cambridge (1723)
R. v. Uzodima (1982) 1 N.C.R. 27.
R. v. Uzorukwu (1958) 3 FSC 14
R. v. Waziri (1958) N.NLR 91
R. v. Aniemeke (1961) 1 All N. L.R. 43
R. v. Nwankwo (1962) All N. L.R. 64.
R. v. Ogor (1961) 1 All NLR 70 .
R. v. Osunremi (1961) 1 All NLR 467.
R. v. The Middlesex Justice Exparte Rubens (1970) 54 Cr. App.
Rep. 183
R. v. Jennings 33 Criminal App. Rep.143. Re Abam (1969) 1 All
NLR 250
Registered Trustees, ECWA Church v. Ijesha (1999) 13 NWLR
(Pt. 635) 368
Reynolds v The Commissioner of Police for the Metropolis (1985)
80 Cr. App. Rep. 125
Sadiku v. The State (2013) 11 NWLR (Pt. 1364) 191
Sanmabo v. The State (1967) NNLR 314.
Savannah Bank v. Pan Atlantic Shipping and Transport Agencies
Limited (1987) 1 SCNJ 88

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Shemfe v. Police 1962 I ALL NLR 811.

Shoaga v. R (1952) 14 WACA. 22.
Simidele v. The C.O.P (1966) NMLR 116
Slap v. The A. G. Federation (1968) N.ML.R. 326
State v. Osler (1991) 6 N.W.L.R (pt. 199) 576.
State v. Chukwura and Others (1964) NMLR 64.
State v. Obasi (1998) NWLR Pt 567), 686
State v. Okpeboro (1980) 2 NCR 291
State v. Onyenkwu (2004) 14 NWLR (pt. 893) 340.
State v. Ozuzu (2009) All FWLR (Pt. 454) 1581.
Stephenson v. The Police (1966) 2 ANLR 261
Sugh v. The State (1988) NWLR 475 .
Sunday Udofia v. State (1984) ANLR 444
Tanko and Another v. C.O.P (1986) 1 Q.R.L.N 58
Tarka v. DPP (1961) N.NLR 3 .
Terytex Nig. Ltd v. NPA (1989) 1 NWLR (PT. 96) 229.
The A. G. (Federation) v. Dr Clement Isong (1986) 1 Q.L.R.N. 75
The Attorney-General of Kaduna State v. Hassan (1985) 2
N.W.L.R. (Pt. 8) 483.
The Director of Public Prosecution (DPP) v. Connelly (1964) 48
Cr. App. Rep. 183
The Police v. Aminu Sani (1975) All N. L.R. 224.
The Police v. Apampa Suit No. 42/1968 .
The Police v. Johnson (1959) L.L.R. 55.
The Police v. Noma (1973) N.N.L.R. 65
The Police v. Olatilewa (1958) W.N.L.R. 200.
The Police v. Oyewusi (1957) W.NLR 87.
The Police v. Rosseck (1958) L.L.R. 73.
The Police v. Yesufu (1960) L.L.R.. 140.
The Price Control Board v. Ezema (1982) 1 N.C.R. 7.
The Queen v. Timothy Fadina (1958) 3 F.S.C. II.
The State v. Chief Magistrate Mbaise Experte Onukwe (1978) 1
L.RN. 316.
The State v. Falade (1971) 2 All NLR 219.
The State v. Lopez (1968) 1 All NLR 356.

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The State v. Odofin Bello (1967) NMLR 1.

The State v. Uwa (1976) 2 E.N.L.R 143
The State v. Sawyer C.C.H.C.H/4/73 at page 11.
The State v. Okpegboro (1980) 2 N.C.R. 291.
The Tiv N.A. Police v. Umango
Tony Momoh v. Senate of National Assembly (1981) NCLR 21.
Treacy v. The Director of Public Prosecution (DPP) 55 Cr. App.
Rep. 113
Tsalibawa v. Habiba (1991) 2 NWLR 461.
Tulu v. Bauchi N. A. (I965). NMLR 343).
UAC PLC v. Sobodu (2006) All FWLR (Pt. 329) 876.
Ubanatu v. COP (2000) 1 SCNJ 50
Udo v. The State (1988) 3 NWLR (pt. 82) 316
Uguru v. State [2002] 4 S.C.N.J. 282 .
Ugwu v. The Attorney-General East Central State (1975) 6 SC. 13.
Ukatu v. COP (2001) 6 NWLR Pt. 710, 765
Ulauku v. The CO.P, 1986 1 Q.L.R.N. 146
Umeze v. The State (1973) S.C. 22 1.
Umukoro v. State (1976) 6 U.I.L.R.169.
Uso v. The C O.P. (1972) 11 S.C. 37
Uso v. The Police (1972) 11 S.C 37
Uso v. The Police (1972) 11 S.C. 37
Uzodima v. The COP (1982) 1 N.C.R., 27.
Wayne Edward Cockley (1984) Vol. 79 Cr. App. Rep. 18 1.
West v. The Police 20 NLR 71.
Willie John v. The State (1967) NMLR 101
Wilson v. R. (1959) 4 F.S.C. 175.
Wuraola Kuku v. Olushoga (1962) 1 All NLR 625
Yabugbe v. The Commissioner of Police (1992) 4 NWLR. (Pt.234)
152.
Yahaya v. The State (2002) FWLR (pt. 93) P. 2044
Yanor and Another v. The State (1965) 1 All NLR 193
Yesufu v. The I G P 1960 L.L.R. 140
Yesufu v. The State (1972) 12 S.C. 143
Youngman v. The Police (1959) 4F.S.C. 283

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LIST OF ABBREVIATIONS

A.C Appeal Cases

All ER All England Report
All NLR All Nigeria Law Reports
CCHCJ Cyclostyled Copies of High Court Judgements
C.L.R Commonwealth Law Reports
COX Cox’s Equity
Cr. App. R. Criminal Appeal Reports
East, P.L.C East Term’s Reports, Privy Council
ECSLR East Central State Law Reports
ENLR Eastern Nigerian Law Reports
ERNLR Eastern Region of Nigeria Law Reports
FNR Federation of Nigeria Reports
FRCR Federal Revenue Court Reports
FSC Federal Supreme Court
K.B King’s Bench
L.L.R Lagos Law Reports
LRN Law Reports of Nigeria
LR, PC Law Reports, Privy Council Appeals
MJSC Monthly Judgement of the Supreme Court of
Nigeria
MNLR Mid- Western Nigeria Law Reports
NCLR Nigeria Constitutional Law Reports
NCR Nigeria Criminal Reports
NLR Nigeria Law Reports
NMLR Nigeria Monthly Law Reports
NNLR Northern Nigeria Law Reports
NRNLR Northern Region of Nigeria Law Reports
NWLR Nigeria Weekly Law Reports
Q.B Queen’s Bench
QBD Queens Bench Division
SC Supreme Court
SCNJ Supreme Court of Nigeria Judgements
SCNLR Supreme Court of Nigeria Laws Reports.
TLR Times Law Reports
Vict. LR Victoria Law Reports
WACA West African Court of Appeal
WLR Weekly Law Reports
WLRN Weekly Law Report of Nigeria

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THE CURRICULUM

(i) Introduction
The focus of the curriculum is the achievement of a set of
outcomes at the end of the training. This curriculum
intends to make the students the centre of the learning
process. Students must be ready to prepare for lessons, by
undertaking reading assignments, exercises, tasks, role
plays, etc. as would be indicated by the tutors from time to
time. Any student who fails or neglects to carry out
assignments would be deemed not to have participated in
the class. Students should not expect that tutors would
come to the class and merely “fill” them up with
knowledge by merely dictating or repeating lines and lines
of pages of books, statutes and case reports. Every student
shall be required to fully participate in class.

(ii) Duration
There would be:
i. 2 weeks of induction (including a week of case
studies and mock trials);
ii. 20 weeks of lecture contact
iii. 1 week of mock trials
iv. I week of private revision before bar examination
v. 10 weeks of Court and Law Firm attachment
(Placement clinic)
vi. 3 weeks of Attachment portfolio assessment and
evaluation
vii. 1 week of bar final examination

(iii) The 20 weeks of lectures

There would be a maximum of 4 hours teaching time per
day of 5 days of the week. This would give a total of 400
hours. Each day would be devoted to a specific module as
shown in the integrated curriculum above.
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(iv) Delivery Mode

Delivery would be through interactive workshops. It is

hoped that the workshops would progressively be held in
small groups in line with best practices in legal education
and staff-students standard ratio.
There would be no special period set out as tutorials.
Lessons shall be presented in a way to integrate learning in
the modules with values, ethics and skills. This would give
students the opportunity to understand how ethics work in
real life and demonstrate the skills relevant to the daily
application of the subjects of the modules in practical law.
Lessons would take the form of interactive framework
teaching, discussions, simulation clinics and activities, role
plays, video demonstrations, mock trials, drafting
exercises, assignments, quizzes and tests, presentation by
guests etc. All sessions would not be passive lessons for
students. Students would be expected to participate.
Teachers shall be expected to use and adhere to the lesson
plans provided for each module as shown below for the
sessions and provide stimulating activities and
opportunities to make students participate.
Projector slides and power point presentations will be used
in the sessions. In addition, video camera and tapes may be
used for effective feedback and reviews by tutors and
students themselves.
Students should be given before any lesson materials and
exercises or given instructions on the materials that need to
be seen before any class.

(v) Assessment:
There will be a summative examination in the Criminal
Litigation Module.

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INTRODUCTION TO CRIMINAL LITIGATION:

i. Overview of Criminal Litigation
ii. Sources of the law/rules guiding criminal
proceedings
Laws/rules applicable in various courts and in
various parts of Nigeria-CPL, CPCL,ACJL, 2011,
ACJA, 2015. Note s.493 ACJA, 2015.
iii. Types, sittings and settings of criminal courts

1. ARREST, SEARCHES AND CONSTITUTIONAL

RIGHTS: Authority, Execution, admissibility of
materials, procedure for challenging searches and arrest
and constitutional safeguards relating to these procedures.

2. PRE-TRIAL INVESTIGATION; POLICE

INTERVIEWS:
i. Police station interviews: conduct, statement
forms, police bail etc.
ii. Legal representation and right of suspects at
police stations.
iii. Issues in Police Investigation and admissibility -
alibi, confession and Judges rule, identity of
suspects, expert opinion and handling of
exhibits.

3. JURISDICTION AND VENUE OF COURTS OF

CRIMINAL JURISDICTION: Jurisdiction and venue
for Criminal proceedings, including International
Criminal Courts – jurisdiction only.

4. INSTITUTION OF CRIMINAL PROCEEDINGS:

i. Authorities: Attorney - General, DPP and other
officers, Police, other Prosecuting authorities e.g.
Custom, ICPC, EFCC, SSS, Private persons, etc.

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ii. Mode and scope. e.g. Information, Charge,

Complaints, F.I.R
iii. Practice Directions at the Federal High Court and
F.C.T High Court

5. CHARGES
i. Forms and Contents
ii. Prosecutorial authorities-the State, the State of
Lagos, FRN, C.O.P, I.G.P
iii. Rules of drafting charges
iv. Amendment of charges
v. Procedure after amendment
vi. Discuss sample charges
vii. Drafting of charges exercise

6. BAIL PENDING TRIAL

i. Types, scope and consequences of bail – bail
pending trial
ii. Procedure for application
iii. Drafting application exercises. e.g. Motions,
Summons and Affidavit.

7. CONSTITUTIONAL SAFEGUARDS TO ENSURE

FAIR TRIAL OF ACCUSED PERSON
i. Right to Counsel, right to silence, access to
defendant in custody.
ii. Information of the crime alleged committed
iii. Provision of interpreter
iv. Fair hearing
v. Presumption of innocence
vi. Offences must be known to law
vii. Rule against double jeopardy
viii. Right to examine witness called by prosecution
ix. Right against trial upon retroactive legislation

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x. Right against trial for an offence for which

accused has been pardoned

8. TRIAL 1: ATTENDANCE OF PARTIES AND

ARRAIGNMENT
i. Presence of accused, complainant witnesses
and counsel in court
ii. Processes to compel the attendance of the
accused. Issue and execution of processes;
summons, arrest & warrants
iii. Dispensing with presence of accused
iv. Presence of complainant
v. Duties and roles of Registrar, Counsel and
Judge in criminal trials
vi. Arraignment: – arraignment, recording of plea
and options open to accused upon arraignment.

10. TRIAL 2: (TRIAL PREPARATION)

i. Rules of evidence as to Burden and Standard of
proof; competence and compellability of
witnesses
ii. How to develop a Case Theory/Trial Plan.
iii. The types, issues and use of subpoenas and
witness summons.
iv. Prepare witnesses for trial.
v. Opening address and delivery

11. TRIAL 3 (EXAMINATION OF WITNESSES)

i. What is Examination in Chief?
ii. What is cross examination?
iii. What is re-examination?
iv. What purpose do examinations serve in a trial?
v. What questions are allowed or not allowed in
examination- in –chief, cross-examination and
re-examination?

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vi. Admissibility of documentary evidence such as

confessional statement, expert evidence, and
police reports etc.
vii. Admissibility of hearsay evidence.
viii. Procedure for refreshing memory and dealing
with hostile witnesses.

12. TRIAL 4 (PRESENTATION OF THE CASE

FOR THE DEFENCE)
i. Options available to an accused person at the
close of the case for the prosecution
ii. No case submission and when made.
iii. Options open after overruling a no case
submission.
iv. Resting Case on prosecution‟s case.
v. Opening address for the defence
vi. Procedure for visit to locus in quo
vii. Application of the ex improviso rule
viii. Final addresses for the parties.

13. JUDGMENT AND SENTENCING

i. The contents, types, form and delivery of
judgment; Effect of failure to comply with SS.
245 of the CPL; 268(1) & 269 of the CPC
Law; 275 ACJL, Lagos 2011; 308 ACJA,
2015 and 294 of the Constitution.
ii. Time limit to deliver judgment and effect of
failure to deliver within time set by
Constitution-s. 294(5) of the Constitution .
iii. Conviction; Allocutus: objective, desirability
and perspectives
iv. Sentence: power of court to take other offences
into consideration.
v. Punishment: Types of punishment: mandatory
sentence (death sentence); Form of
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pronouncing death sentence; effect of failure to

comply with the form; exceptions to death
sentence; and the prerogative of mercy.
vi. Restorative justice.

14. APPEALS
i. Right of appeal, who can appeal, where to file
appeal as well as the time limit for appeals and
type of appeal and constitution of the court;
ii. Difference between appeal and case
stated/constitutional reference of question
iii. Appeal from Magistrate‟s Court to High Court :
time limit to file notice, ground upon which
prosecution may appeal, ground upon which
the accused person may appeal.
iv. Bail pending Appeal
v. Power of judicial review
vi. The Court of Appeal and Supreme Court
Practice Directions on criminal appeals,
vii. Appeal from High Court to Court of Appeal:
when appeal may lie as of right or with leave,
notice, compilation of records, filing of briefs
of argument, hearing and orders the court can
make after hearing.
viii. Appeal from Court of Appeal to the Supreme
Court: when appeal may lie as of right or with
leave, notice, compilation of records, filing of
briefs of argument, hearing and orders the court
can make after hearing.
ix. Security to prosecute appeal
x. Abatement of appeal and abandonment of
appeal
xi. Effect of wrongful admission or rejection of
evidence, mistrial/miscarriage of justice and

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circumstances under which a re-trial will be

ordered by an Appellate Court.

LESSONS PLAN

WEEK 3: INTRODUCTION TO CRIMINAL

LITIGATION OUTCOMES
At the end of this lesson students would be able to:
1. Discuss the scope of the criminal litigation course;
2. List and Compare the laws/rules applicable in
various courts & in various parts of Nigeria;
3. Explain and identify the sources of the laws/rules
guiding criminal litigation in Nigeria.
4. Explain the types, sittings and settings of courts.

CONTENTS
1. Introduction to Criminal Litigation.
2. Overview of Criminal Litigation
3. Sources of the law/rules guiding criminal
proceedings
4. Laws/rules applicable in various courts and in
various parts of Nigeria-CPL, CPCL, ACJL, 2011,
ACJA, 2015. Note s.493 ACJA, 2015.
5. Types, sittings and settings of criminal courts

ACTIVITY BEFORE CLASS

Students are to research on the laws and rules applicable in
all criminal courts in Nigeria.
This assignment should be given to the students in Week 2
during Induction.

ACTIVITIES IN THE CLASS

1. Students would be required to read the topic in
advance generally;

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2. In the class Tutor gives an overview of the course

and scope of criminal procedure and laws/rules
generally in an interactive session using questions
and answers – 40 minutes;
3. Students are grouped to discuss and list laws/rules
(and their sources) applicable to various criminal
courts.
4. Students are grouped to discuss the sittings and
settings of courts – 20 minutes

15 MINUTES BREAK
5. The group discussion is followed with sample
presentations and plenary discussions with
guidance of the tutor- 1hour 40 minutes
6. Assessment and feedback – 20 minutes

WEEK 4: ARREST, SEARCHES AND

CONSTITUTIONAL RIGHTS

OUTCOMES:
At the end of this lesson students would be able to:
1. Discuss and explain the power of arrest and
searches in criminal proceedings;
2. Explain how criminal summons, search warrants
and warrants of arrest are obtained and executed
and the admissibility of materials recovered during
searches;
3. List and explain the Constitutional/procedural
rights and safeguards of an accused person in these
procedures;
4. Complete/draft forms of summons and warrants.

CONTENTS
1. Authority to issue a warrant of arrest
2. Authority to issue a search warrant
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3. Execution of warrant of arrest

4. Execution of search warrant
5. Execution of warrant of arrest outside jurisdiction
6. Admissibility of materials obtained in the course of
an unlawful search,
7. Procedure for challenging arrest and searches and
constitutional safeguards relating to this procedure.

ACTIVITIES
1. Students would be required to read the week 4
subjects in advance. In addition to text books and
other materials, students would need to read the
constitutional provisions and case law relating to
protection of rights.
2. In the class, tutor gives an overview – 30 minutes
3. Tutor presents a scenario ( ***********
SCENARIO) on searches, arrest and bail – 10
minutes
4. Plenary discussions on the scenario and outcomes
1 and 2 follow. Students are to lead the discussion
with the assistance of the Tutor – 1 hour 20
minutes

15 MINUTES BREAK
5. Students are grouped to discuss and list
constitutional and procedural safeguards of an
accused person in the execution of summons,
warrants and arrests – 20 minutes
6. Sample presentations (with discussions) are made
on constitutional safeguards – 30 minutes.
7. Students are grouped to draft/and complete forms
of summons and warrants – 20 minutes
8. Sample presentations (with discussions) are made
with power point – 40 minutes
9. Assessment and evaluation – 10 minutes
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WEEK 5: PRE-TRIAL INVESTIGATION AND

POLICE INTERVIEWS
OUTCOMES
At the end of this lesson students would be able to:
1. Explain how to Conduct a pre-trial investigation;
2. Participate in a police interview;
3. Discuss how alibi, statements and confessions are
recorded at the police station (“Judges Rule”) how
identification parade is conducted and how
exhibits are handled.
4. List and explain the Constitutional rights of a
suspect at the Police Station;
5. Explain how to apply for assistance for a citizen
under the Legal Aid Scheme; and how to obtain a
police bail.
6. Explain options available to the suspect upon
refusal of police bail – habeas corpus and
fundamental rights enforcement.

CONTENTS:
1. How police interviews are conducted
2. Constitutional rights available to a suspect at the
Police Station.
3. Advise on the rights and circumstances of
Suspects that may require the services of the Legal
Aid Scheme;
4. Advise on the procedure to be followed by the
Police in conducting an effective station interview;
5. How to apply for police bail;
6. Advise on circumstances where the Police may
grant bail pending further investigations.
7. Options available to the suspect upon refusal of
bail by the police.

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ACTIVITIES BEFORE CLASS:

1. Students are expected to read the topic in advance
and would need to read the following: The
Constitution; Evidence Act, 2011 and the Judges
Rules; the Police Act; the CPCL; the CPL; ACJL
of Lagos State,2011; ACJA, 2015 as well as the
Legal Aid Act (2011) and guidelines.

ACTIVITIES IN CLASS (to be based on the

*********** scenario)
1. In the class Tutor gives an overview – 20 minutes
2. Students should state how to obtain confessions
and admissions.
3. Students should state how to obtain confession and
admissions in the police station
4. Students are grouped to discuss and ascertain the
various constitutional rights relating to police
interviews; Sample presentations are made – 40
minutes.
5. Students are grouped to discuss and make sample
presentations on the “Judges Rules” to be observed
at the Police Station and the procedure to follow
when alibi is raised by a suspect. - 40 minutes.
6. Students are grouped to role play police interviews
and role play lawyer‟s role in such interviews;
Discussions follow – 30 minutes.

15 MINUTES BREAK
7. Students mention the options available to the
suspect where an application for bail is refused by
the police.
8. Students are grouped to conduct an Identification
Parade; Discussions follow – 20 minutes.

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9. Students are grouped to discuss and make

presentations on the scope of Legal Aid Scheme. –
30 minutes.
10. Students are grouped to discuss the procedure for
granting police bail, draft application for bail at the
police station and make presentations – 30
minutes.
11. Students at plenary discuss how exhibits are kept
at the police station.
12. Assessment – 20 minutes.

WEEK 6: JURISDICTION AND VENUE OF

CRIMINAL TRIALS
OUTCOMES
At the end of this lesson students would be able to:
1. Discuss and explain the various courts of criminal
jurisdiction.
2. Discuss the criminal jurisdiction of courts and the
venue of criminal trials.
3. Explain the jurisdiction and venue of criminal
trials of the International Criminal Court.

CONTENTS
1. Jurisdiction and venue of courts of General
Criminal jurisdictions
2. Jurisdiction of courts of special criminal
jurisdiction-FHC, NIC, Courts-Martial, Juvenile
Courts, and Coroner‟s Court.
3. Jurisdiction and venue of International Criminal
Court

ACTIVITY BEFORE CLASS

Students are to read in advance various courts of
criminal jurisdiction both general and special in the
north and south and the International Criminal Court.

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ACTIVITIES IN CLASS
1. In class tutor gives an overview of the various
courts of criminal jurisdiction. 30 minutes
2. Students are grouped to discuss and identify
courts of general criminal jurisdiction and the
scope of their jurisdiction based on the
assignment given in Week 2 – 45 minutes
3. Sample presentations are made and discussions
follows at plenary 45 minutes

15 MINUTES BREAK
4.
Students are grouped to discuss the various courts
of special criminal jurisdiction - 30 minutes
5. Discussion follows with sample presentations- 45
minutes
6. Students are grouped to discuss the jurisdiction of
the international criminal court- 30 minutes
7. Sample presentations are made and discussions
follows-30 minutes
Feed back and assessment- 30 minutes

WEEK 7: INSTITUTION OF CRIMINAL

PROCEEDINGS.

OUTCOMES
At the end of the lesson students would be able to:
1. Explain who can institute (commence) criminal
proceedings;
2. Explain how to commence criminal proceedings
in the various courts in Nigeria.
3. Explain the effect of the Federal High Court and
FCT High Court Practice Directions

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CONTENTS
1. Persons who have power to institute criminal
proceedings-
a) the Attorney General
b) the Police
c) private persons
d) special prosecutors

2.Limitation of time to commence criminal

proceedings
3. Modes of instituting criminal proceedings in the
various courts in Nigeria-Information, charges,
complaint and F.I.R
4. Practice Directions at the Federal High Court and
F.C.T High Court
NOTE: Students are expected to read the topic in advance
paying particular attention to the Constitution, the Police
Act, the Criminal Procedure Laws of various states,
Criminal Procedure Code Laws of various states, the
ACJL, Lagos, 2011, the ACJA, 2015 Criminal Code and
Penal Code.

ACTIVITIES:
1. In the class tutor gives an overview – 20 minutes
2. Students are grouped to discuss the prosecutorial
powers of the Attorney General and make sample
presentation.- 40 minutes
3. Students are grouped to discuss and make sample
presentations on the power of the police to
prosecute and making comparisons between the
power of the police to withdraw under S. 75 CPL
and S. 108 of the ACJA, 2015 and the power of
nolle prosequi by the Attorney-General under the
Constitution.- 30 minutes

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4. Students are grouped to discuss and make sample

presentations on the power of a private person to
institute criminal proceedings – 15 minutes.
5. Students are grouped to make sample
presentations on the power of a special prosecutor
to institute criminal proceedings – 15 minutes.

15 MINUTES BREAK
6. Students are grouped to make sample
presentations on the modes of commencing
criminal proceedings in the Magistrates‟ court in
the South - 20 minutes.
7. Students are grouped to make sample
presentations on the modes of commencing
criminal proceedings in the Magistrates‟ court in
the North - 20 minutes.
8. Students are grouped to make sample
presentations on the modes of commencing
criminal proceedings in the High court in the
South - 30 minutes
9. Students are grouped to discuss and make sample
presentations on the modes of commencing
criminal proceedings in the High court in the
North - 30 minutes
10. Students are grouped to make sample
presentations on the modes of commencing
criminal proceedings in the Federal High Court
and the National Industrial Court- 10 minutes
11. Students are grouped to make sample presentation
on Federal High Court and F.C.T High Court
Practice Directions
12. Assessment – 10 minutes.

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WEEK 8: CHARGES

OUTCOMES
At the end of the lesson students would be able to:
1. Explain the form and contents of a charge sheet;
2. Explain the prosecutorial authorities-the State, the
State of Lagos, F.R.N, C.O.P and I.G.P
3. Explain and discuss the rules of drafting charges;
4. Explain the effect of breach of each rule

CONTENTS
1. Form and contents of a charge sheet;
2. Prosecutorial authorities
3. Rules of drafting charges, viz:
a) The rule against ambiguity
b) The rule against duplicity
c) The rule against mis-joinder of offences
d) The rule against mis-joinder of offenders
4. Effect of breach of each rule
5. How to draft a charge in the various courts in
Nigeria

NOTE: Students are expected to read the topic in advance

paying particular attention to the Criminal Procedure Laws
of the various states, Criminal Procedure Code Laws of the
various states, ACJL, Lagos, 2011, the ACJA, 2015, the
Criminal Code, Penal Code and the Constitution.

ACTIVITIES IN CLASS:
1. In the class tutor gives an overview – 20 minutes
2. Students are grouped to discuss the form and
content of charges; sample presentations are made
– 40 minutes

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3. Students are grouped to discuss and make sample

presentations on the rules of drafting charges –
the rule against ambiguity – 20 minutes
4. Students are grouped to make sample
presentations on the rules of drafting charges –
the rule against mis-joinder of offenders – 40
minutes.

15 MINUTES BREAK
5. Students are grouped to make sample
presentations on the rules of drafting charges –
the rule against mis-joinder of offences – 40
minutes.
6. Students are grouped to make sample
presentations on the rules of drafting charges –
the rule against duplicity – 40 minutes.
7. Assessment – 40 minutes

WEEK 9: CHARGES CONTD

OUTCOMES
At the end of the lesson students would be able to:
1. Draft a charge in the various courts in Nigeria
2. Explain the effect of a defective charge
3. Amend a defective charge

CONTENTS
1. How to draft a charge in the Magistrates‟ and
State High court in the South
2. How to draft a charge in the Magistrates‟ and
State High court in the North
3. How to draft a charge in the Federal High
Court/National Industrial Court
4. The effect of a defective charge
5. Amendment of charges
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NOTE: Students are expected to read the topic in advance

paying particular attention to the Criminal Procedure Laws
of the various states, Criminal Procedure Code Laws of the
various states, ACJL, Lagos, 2011, the ACJA, 2015, the
Criminal Code, Penal Code and the Constitution.

ACTIVITIES IN CLASS:
1. In the class tutor gives an overview- 20 minutes
2. Students are grouped to make sample
presentations on charges drafted for filing before
the Magistrates‟ Court in Nigeria – 40 minutes
3. Students are grouped to make sample
presentations on charges drafted for filing before
the State High Court in Nigeria – 40 minutes
4. Students are grouped to make sample
presentations on charges drafted for filing before
the Federal High Court/National Industrial Court
– 20 minutes

15 MINUTES BREAK
5. Students are grouped to discuss effect of
conviction on a defective charge – 20 minutes
6. Students are grouped to make sample
presentations on the procedure for amendment of
charges – 30 minutes
7. Students are grouped to discuss the procedure after
amendment of charges – 30 minutes
8. Assessment – 40 minutes.

WEEK 10: BAIL PENDING TRIAL (based on

********** scenario)
OUTCOMES
At the end of the lesson students would be able to:

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a) Identify the nature and types of bail – bail by the

police; bail by court pending trial and; bail by
court pending appeal
b) Explain the methods of applying for bail
c) Identify factors that govern grant of bail
d) Explain the procedure for applying for bail after
it has been refused by the Magistrate.
e) Draft application for bail before the court.
f) Explain the terms and conditions upon which
bail may be granted.
g) Identify the circumstances when bail may be
revoked.

CONTENTS
1. Nature and types of bail.
2. Power of the Magistrate court to grant bail
3. How to apply for bail to the High Court after
refusal by the Magistrate
4. The procedure for bail application in the High
Court
5. Factors that govern grant of bail by the court.
6. Terms and conditions upon which bail may be
granted
7. Revocation of bail.

NOTE: Students are expected to read the topic in advance

paying particular attention to the Criminal Procedure Laws
of the various states, Criminal Procedure Code Laws of the
various states, ACJL, Lagos, 2011, the ACJA, 2015, the
Criminal Code, Penal Code, the Constitution and Evidence
Act,2011.

ACTIVITIES IN CLASS:
1. In the class tutor gives an overview – 30 minutes

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2. Students are grouped to discuss the procedure for

applying for bail before the magistrate court – 30
minutes
3. Students are grouped to discuss and make sample
presentations on the procedure for applying for
bail to the High Court after an application for bail
has been refused by the Magistrate - 30 minutes
4. Students are grouped to discuss and make sample
presentations on the factors that guides the court
when considering an application for bail - 30
minutes

15 MINUTES BREAK
5. Students are grouped to discuss and draft
motion/summons for bail before the High court
together with a supporting affidavit based on a
scenario- 40 minutes
6. Students are grouped to move the bail application
before the High court based on the
*********scenario- 30 minutes
7. Students discuss in groups and make
presentations on the terms and conditions upon
which bail may be granted and the circumstances
under which bail may be revoked.- 30 minutes
8. Assessment. - 20 minutes.

WEEK 11: CONSTITUTIONAL SAFEGUARDS TO

ENSURE FAIR TRIAL OF AN
ACCUSED PERSON
OUTCOMES
At the end of the lesson students would be able to:
1. Discuss the constitutional and statutory provisions
safeguarding the rights of an accused person in a
criminal trial.
2. Discuss the limits of those rights.
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CONTENTS
1. Right to be informed of the crime alleged
2. Right to fair hearing
3. Presumption of innocence
4. Right to adequate time and facilities for defence.
5. Right to counsel

NOTE: Students are expected to read the topic in advance

paying particular attention to the Criminal Procedure Laws
of the various states, Criminal Procedure Code Laws of the
various states, ACJL, Lagos, 2011, the ACJA, 2015, the
Criminal Code, Penal Code, the Constitution and Evidence
Act, 2011.

ACTIVITIES IN CLASS:
1. In the class tutor gives an overview – 30 minutes
2. Students are grouped to discuss right to be
informed of the crime alleged and sample
presentations are made – 30 minutes
3. Students are grouped to discuss the right to fair
hearing and sample presentations are made – 30
minutes
4. Students are grouped to discuss the right to
presumption of innocence and sample
presentations are made – 30 minutes

15 Minutes Break
5. Students are grouped to discuss the right to
adequate time and facilities for defence and
sample presentations are made – 30 minutes.
6. Students are grouped to discuss the right to
counsel and sample presentations are made – 30
minutes.
7. Assessment – 20 Minutes

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WEEK 12: CONSTITUTIONAL SAFEGUARDS

(CONTD).
OUTCOMES
At the end of the lesson students would be able to:
1. Discuss the constitutional and statutory provisions
safeguarding the rights of an accused person in a
criminal trial.
2. Discuss the limits of those rights.
CONTENTS
1. Right to be tried only for an offence known to law
2. Right to silence-(Note section 181 Evidence Act,
2011)
3. Right to one trial for one offence
4. Right against trial upon retroactive legislation
5. Right against trial for an offence for which
accused has been pardoned.
6. Right to examine witnesses called by the
prosecution
7. Right to interpreter

ACTIVITIES IN CLASS:
In class, tutor gives an overview – 30 Minutes
1. Students are grouped to discuss the right to be
tried only for an offence known to law and
sample presentations are made – 30 minutes.
2. Students are grouped to discuss the right to
silence and sample presentations are made – 30
minutes.
3. Students are grouped to discuss the right to one
trial for one offence and sample presentations are
made – 30 minutes.

15 Minutes Break

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4. Students are grouped to discuss the right against

trial upon retro-active legislation and sample
presentations are made – 30 minutes
5. Students are grouped to discuss the right against
trial for an offence for which accused has been
pardoned and sample presentations are made – 30
minutes.
6. Students are grouped to discuss the right to
examine witnesses called by the prosecution and
sample presentations are made – 20 minutes.
7. Students are grouped to discuss the right to
interpreter and sample presentations are made –
20 minutes.
8. Assessment/Quiz – 60 minutes

WEEK 13: TRIAL 1: ATTENDANCE OF PARTIES

AND ARRAIGNMENT
OUTCOMES
At the end of the lesson students would be able to:
1. Explain what is the legal effect where:
a. The accused person is absent at his trial
b. Where the complainant is absent
c. Where both the accused and the complainant
are absent
d. Where a material witness is absent
e. Counsel to the accused is absent
2. Explain the duties and roles of Registrar, Judge
and Counsel in criminal trials
3. Conduct a valid arraignment
4. Explain the various options open to an accused
person on arraignment
5. Explain the meaning and procedure for plea
bargaining

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CONTENTS
1. Attendance of the accused in court
2. Attendance and duties of counsel in court
3. Attendance of the complainant in court
4. Attendance of vital witnesses in court.
5. Roles and duties of Registrars and Judges in a
criminal court
6. Arraignment
7. Options open to an accused person on
arraignment.
8. Meaning and procedure of plea bargaining,(Note
Sections 270 ACJA, 2015; 75 & 76 ACJL,
Lagos, 2011)

NOTE: Students are expected to read the topic in advance

paying particular attention to the Criminal Procedure Laws
of the various states, Criminal Procedure Code Laws of the
various states, ACJL, Lagos, 2011, the ACJA, 2015, the
Criminal Code, Penal Code, the Constitution and Evidence
Act,2011.

ACTIVITIES IN CLASS:
1. In the class tutor gives an overview – 30 minutes.
2. Students are grouped to discuss the effect of
absence of the accused, the complainant and
counsel as well as absence of a vital witness and
sample presentations are made – 20 minutes.
3. Students are grouped to discuss and make sample
presentations on the roles and duties of counsel,
registrar and judge in criminal trials – 20 minutes
4. Students are grouped to conduct a valid
arraignment using the ********scenario. – 30
minutes

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5. Tutor and students interact on the possible

objections an accused may raise upon arraignment
– 20 minutes.

15 MINUTES BREAK
6. Students are grouped to discuss and make sample
presentations on the effect of the plea of guilty by
an accused – 20 minutes.
7. Students are grouped to discuss and make sample
presentations on the plea of not guilty by an
accused person. – 20 minutes.
8. Students are grouped to discuss and make sample
presentations on the plea of not guilty by reason
of insanity – 20 minutes.
9. Tutor and students interact on the effect of an
accused person standing mute or refusing to plead
– 20 minutes
10. Students are grouped to discuss the meaning and
procedure of plea bargaining – 20 minutes
11. Assessment – 20 minutes.

WEEK 14: TRIAL 2 (TRIAL PREPARATION AND

EVIDENCE).
OUTCOMES
At the end of the lesson students would be able to:
1. Explain and discuss the burden and standard of
proof, basis for admissibility of evidence in
criminal trials, competence and compellability of
witnesses
2. Develop a case theory/trial plan
3. Explain the types, issue and use of subpoena and
witness summons
4. Prepare witnesses for trial

5. Prepare and deliver an opening address

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CONTENTS
1. Rules of evidence as to burden and standard of
proof, admissibility of evidence-computer
generated evidence; confessional statement;
expert evidence; Police report; hearsay evidence;
refreshing memory; hostile witness; competence
and compellability of witnesses, corroboration of
evidence.
2. How to develop case theory/trial plan
3. Types, issue and use of subpoena and witness
summons
4. Preparation of witnesses for trial
5. Contents of opening address and delivery

ACTIVITIES IN CLASS:
1. In class, teacher gives an overview – 30 minutes
2. Tutor presents a guide/checklist of how to prepare
a case theory/trial plan – 30 minutes
3. Students are grouped to discuss the burden and
standard of proof, the basis of admissibility of
evidence, competence and compellability of
witnesses – 15 minutes
4. Students are grouped to discuss and make sample
presentations on trial plan based on the
********scenario – 30 minutes
5. Students are grouped to discuss and make sample
presentations on the use of subpoena and witness
summons – 15 minutes

15 MINUTES BREAK
6. Students are grouped to interview proposed
witnesses for the prosecution – 40 minutes
7. Students are grouped to interview proposed
witnesses for the defence – 40 minutes

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8. Students are grouped to prepare a standard

opening address for the prosecution and defence,
respectively – 20 minutes
9. Assessment – 20 minutes

WEEK 15: TRIAL 3 (EXAMINATION OF

WITNESSES)

OUTCOMES
At the end of the lesson students would be able to:
1. Explain what examination in chief, cross
examination and re-examination mean and the
purpose they serve in criminal proceedings
2. Examine a witness in chief, cross examine a
witness and re- examine a witness.
3. Identify questions that are objectionable in
examination in chief.
4. Demonstrate admissibility of documentary
evidence in criminal trials – confessional
statements, expert evidence, police report and
computer generated evidence.
5. Demonstrate admissibility of hearsay evidence
6. Demonstrate the procedure for refreshing the
memory of a witness and dealing with a hostile
witness.
7. Identify the limits of the judge‟s power to put
questions to a witness.

CONTENTS
1. What is examination of witness?
2. What purposes do examinations serve in a trial?
3. What questions are allowed or not allowed in
examination in chief; cross-examination and re-
examination.
4. What are the powers of a judge or magistrate to
put questions to witnesses?
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NOTE: Students are expected to read the topic in advance

paying particular attention to the Criminal Procedure Laws
of the various states, Criminal Procedure Code Laws of the
various states, ACJL, Lagos, 2011, the ACJA, 2015, the
Criminal Code, Penal Code, the Constitution and Evidence
Act, 2011.

ACTIVITIES IN CLASS:
1. In the class tutor gives an overview – 30 minutes.
2. Students are grouped to discuss the meaning of
examination in chief and the role it plays in a trial
– 10 minutes.
3. Students are grouped to discuss the kind of
questions that are not allowed in examination in
chief and sample presentations are made – 20
minutes
4. Students are grouped to demonstrate examination
skills highlighting admissibility of documentary
evidence such as confessional statements, expert
evidence and police report using the ********
scenario - 30 minutes
5. Students are grouped to demonstrate examination
skills highlighting procedure for admissibility of
hearsay evidence, refreshing memory and
treatment of a hostile witness using ***********
scenario -30 minutes.

15 MINUTES BREAK
6. Students are grouped to discuss the meaning of
cross examination and re-examination and the
purposes they serve in proceedings. – 20 minutes
7. Students are grouped to demonstrate cross-
examination skills using the ******scenario - 40
minutes

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8. Students are grouped to demonstrate re-

examination skills using the ******scenario - 20
minutes
9. Students are grouped to discuss the powers of a
judge to put questions to the witness from the
bench – 20 minutes.
10. Assessment – 20 minutes.

WEEK 16: TRIAL 4 (PRESENTATION OF THE

CASE FOR THE DEFENCE)

OUTCOMES
At the end of the lesson students would be able to:
1. Explain the options available to the accused at the
close of the case of the prosecution
2. Make a submission of no case to answer.
3. Accused resting his case on that of the
prosecution
4. Make an opening address for the defence.
5. Explain the E x improviso rule – explain when
prosecution may be allowed to call evidence in
rebuttal of evidence of the defence.
6. Explain the purpose and procedure for a visit to
the locus in quo
7. Make concluding /final addresses for the parties.

CONTENTS
1. What are the options available to an accused
person at the close of the case for the
prosecution?
2. What is no case submission and when may it be
made?
3. When a no case submission is overruled, what
other options are available to the accused?
4. The accused resting his case on that of the
prosecution
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5. Procedure for visit to the locus in quo.

6. Application of the ex improviso rule
7. Final addresses for the parties.

NOTE: Students are expected to read the topic in advance

paying particular attention to the Criminal Procedure Laws
of the various states, Criminal Procedure Code Laws of the
various states, ACJL, Lagos, 2011, the ACJA, 2015, the
Criminal Code, Penal Code, the Constitution and Evidence
Act,2011.

ACTIVITIES IN CLASS:
1. In the class tutor gives an overview – 30 minutes.
2. Students are grouped to discuss the options
available to an accused person at the close of the
prosecution‟s case - 20 minutes.
3. Students are grouped to discuss the meaning and
effect of no case submission and presentations of
no case submission based on ****** scenario are
made – 1 hour
4. Students are grouped to discuss and make sample
presentations on accused resting his case on that
of the prosecution - 10 minutes

15 MINUTES BREAK

5. Students are grouped to discuss the reason and

procedure for visit to the locus in quo – 20
minutes
6. Students are grouped to discuss and make sample
presentations of opening address for the defence
using *************** scenario – 20 minutes
7. Students are grouped to discuss the ex improviso
rule – 20 minutes

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8. Students are grouped to present final addresses

for the prosecution and the defence based on
*************scenario – 40 minutes
9. Assessment – 10 minutes

WEEK 17: JUDGMENT AND SENTENCING

OUTCOMES
At the end of the lesson students would be able to:
1. Identify the contents and form of a valid judgment
and the effects of failure to comply with SS. 245
of the CPL; 268(1) & 269 of the CPC Law; 275
ACJL, Lagos 2011; 308 ACJA, 2015 and 294 of
the Constitution.
2. Identify the time limit within which judgment
shall be delivered and the constitutional
implication of failure to do so within time- s.
294(5) of the Constitution .
3. Explain the time and procedure for making an
allocutus
4. Identify the power of the court to take other
offences into consideration before passing
sentence and the power to convict for an offence
not expressly charged.
5. Identify the various types of punishments
including the mandatory sentence for capital
offences (death penalty) and the form of
pronouncing such sentences.- S.402 of the ACJA,
2015
6. Explain the effect of failure to comply with the
form of pronouncing the death sentence as well as
the exceptions to the death penalty.
7. Explain the procedure for prerogative of mercy
8. Identify the attractions of restorative justice.

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CONTENTS
1. Contents and form of a valid judgment and the
effects of failure to comply with- SS. 245 of the
CPL; 268(1) & 269 of the & CPC Law; 275
ACJL, Lagos 2011; 308 ACJA, 2015.
2. Time limit within which to deliver judgment and
failure to deliver judgment within the time set by
the constitution- s. 294(5) of the Constitution .
3. Conviction and Allocutus
4. The power of a trial court to take other offences
into consideration and the power to convict an
accused for an offence with which he/she was not
expressly charged.
5. Sentencing alternatives including the death
sentence and prerogative of mercy.
6. Mode of pronouncing the death sentence and
effect of non- compliance with the prescribed
mode.-S.402 ACJA, 2015
7. Restorative Justice.

NOTE: Students are expected to read the topic in advance

paying particular attention to the Criminal Procedure Laws
of the various states, Criminal Procedure Code Laws of the
various states, ACJL, Lagos, 2011, the ACJA, 2015, the
Criminal Code, Penal Code, the Constitution and Evidence
Act,2011.

ACTIVITIES IN CLASS:
1. In the class tutor gives an overview – 30 minutes.
2. Students are grouped to discuss the contents and
form of a valid judgment and effect of failure to
comply with the provisions of SS. 245 of the
CPL;268(1) & 269 of the & CPC Law; 275
ACJL, Lagos 2011; 308 ACJA, 2015. – 30
minutes.
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3. Tutor presents *********** scenario and the

students as grouped to make a critique of the
judgment - 40 minutes
4. Students as grouped to make an allocutus on
behalf of the convicts in the ********* scenario
– 20 minutes

15 MINUTES BREAK

5. Students are grouped to discuss the various types

of punishments - 30 minutes
6. Students are grouped to discuss the power of the
court to take into consideration other offences
before sentencing as well as the power to convict
for an offence not expressly charged – 30
minutes.
7. Students are grouped to discuss mandatory
sentence of death in certain offences, the mode of
pronouncing same, effect of complying with the
mode as well as the question of prerogative of
mercy - 30 minutes
8. Students are grouped to debate the theory of
restorative justice and retributive justice – 20
minutes
9. Assessment – 10 minutes

WEEK 18: APPEALS 1

OUTCOMES
At the end of the lesson students would be able to:
1. Explain the basis of Appeal and appealable
decisions.
2. Explain the appeal procedure from the magistrate
court up to the Supreme Court.
3. Identify the power of a court to hear appeals and a
right of a person to appeal in a criminal matter.
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4. Explain the effect of the Court of Appeal and

Supreme Court Practice Directions on criminal
appeals.

CONTENTS
1. What is an appealable decision and who may
appeal against a decision of a court in a criminal
matter?
2. How is the appeal process commenced? – Notice
and Grounds of Appeal (this would involve the
procedure in each court with appellate
jurisdiction)
3. Time within which to appeal from the decision of
a court and effect of failure to appeal within time.
(Application for leave to appeal out of time may
be discussed here).
4. The Court of Appeal and Supreme Court Practice
Directions on criminal appeals.
NOTE: Students are expected to read the topic in advance
paying particular attention to the Criminal Procedure Laws
of the various states, Criminal Procedure Code Laws of the
various states, ACJL, Lagos, 2011, the ACJA, 2015, the
Constitution and the Court of Appeal and Supreme Court
Practice Directions on criminal appeals.

ACTIVITIES IN CLASS:
1. In the class tutor gives an overview – 45 minutes.
2. Students are grouped to discuss the right of a
person to appeal in a criminal matter as well as
the power of the court to hear appeals - 45
minutes.

15 minutes break

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3. Students are grouped to discuss the appeal

procedure from the magistrate court up to the
Supreme Court including the preparation of notice
and grounds of appeal – 60 minutes.
5. Students are grouped to discuss the Court of
Appeal and Supreme Court Practice Directions on
criminal appeals,
4. Assessment – 30 minutes

WEEK 19: APPEALS 2

OUTCOMES

At the end of the lesson students would be able to:

1. Draft Notice and Grounds of Appeal
2. Prepare and argue an application for bail pending
appeal
3. Explain abandonment of appeal; abatement of
appeal; additional grounds of appeal and
additional evidence on appeal.
4. Prepare Briefs of Argument. (Note the Court of
Appeal and Supreme Court Practice Directions on
criminal appeals.)
5. Identify the orders the court may make after
hearing an appeal.

CONTENTS
1. Drafting of Notice and Grounds of Appeal upon
which an appellant may appeal against the
decision of a court as well as the constitution of a
Court to hear appeals. (This should be discussed
in line with constitutional provisions as well as
the laws and rules of the various courts).
2. Bail pending appeal

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3. Abandonment of appeal, abatement of appeal,

additional grounds of appeal and additional
evidence on appeal.
4. Hearing of the Appeal. This includes filing of
briefs of argument in the court of appeal and the
Supreme Court.
5. Orders that the court will make on appeal.

ACTIVITIES IN CLASS:
1. In the class tutor gives an overview – 45 minutes.
2. Students prepare notice and grounds of appeal for
filing in the ***** Scenario depending on who
lost at the trial court ultimately - 45 minutes
3. Students make presentations of the notice and
grounds of appeal prepared and filed - 20
minutes.
4. Students are grouped to prepare and argue an
application for bail pending appeal based on
******** scenario – 30 minutes

15 minutes break

5. Students as earlier grouped prepare and exchange

briefs of argument to be filed at the Court of
Appeal in a matter in which appeal emanated
from the High Court to that court and arguments
are made – 30 minutes.
6. Students are grouped to discuss the various orders
a Court may make after hearing an appeal- 10
minutes.
7. Students are grouped to discuss interlocutory or
intervening issues such as application for leave to
appeal or to amend, abandonment of appeal,
abatement of appeal, additional grounds of appeal
and additional evidence - 20 minutes
8. Assessment – 30 minutes
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CHAPTER ONE
INTRODUCTION TO CRIMINAL LITIGATION

OUT COMES
At the end of this lesson, students would be able to:
1. Discuss the scope of the criminal litigation course
2. List and compare the Laws/rules applicable on
various Courts and in various parts of Nigeria
3. Explain and identify the sources of the Laws/rules
guiding criminal litigation in Nigeria
4. Explain the types, sittings and settings of Courts.

SOURCES OF THE LAWS OF CRIMINAL

LITIGATION

1. PRINCIPAL ENACTMENTS
(a) Criminal Procedure Laws of the various states in the
South
(b) Criminal Procedure Code Laws of the various states
in the North
(c) The Administration of Criminal Justice (Repeal and
Re-enactment Laws of Lagos State 2011
(d) The Administration of Criminal Justice Act, 2015

2. SECONDARY ENACTMENTS
(a) Constitution of the Federal Republic of Nigeria,
1999 (as amended)
(b) Magistrate Court Laws
(c) High Court Laws
(d) Federal High Court Act Cap F12 LFN 2004
(e) Court of Appeal Act Cap C 36 LFN 2004
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(f) Supreme Court Act Cap S. 15 LFN 2004

(g) High Court of Lagos (Appeal Rules) 2004
(h) Court of Appeal Rules 2011
(i) Supreme Court Rules
(j) Children and Young Persons Laws
(k) Coroners Laws
(l) Armed Forces Decree No. 105 of 1993
(m) Police Act Cap P19 L.EN. 2004
(n) National Industrial Court Act 2006
(o) Practice Directions

3. APPLICATION OF ENGLISH HIGH COURT

PROCEDURE AND PRACTICE IN CRIMINAL
MATTERS:
a. Section 363 Criminal Procedure Law, S. 262 ACJL,
and S. 492(3) ACJA
b. Section 12 High Court Law of Lagos State
c. Section 16 High Court Law of Cross River State of
Nigeria, Cap 51, Laws of Cross River State of
Nigeria

Board of Customs & Excise v. Hassan (1966) L.R.N. 56

Simidele v. The Commissioner of Police (1966) NMLR
116.
Judicial Interpretation of Enactments.
Bank of England v. Vagliano Brothers – (1891) A.C; 107
at P. 144 – 145.

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CHAPTER TWO
JURISDICTION AND VENUE OF CRIMINAL
TRIALS

OUT COMES:
At the end of this lesson, students would be able to:
1. Discuss and explain the various Courts of criminal
jurisdiction
2. Discuss the criminal jurisdiction of Courts and the
venue of criminal trials
3. Explain the jurisdiction and venue of criminal trials
of the ICC

STRUCTURE OF COURTS OF CRIMINAL

JURISDCTION IN SOUTHERN NIGERIA

Supreme Court

National Industrial
Court
Court of Appeal

Federal High
State High Court

Courts Martial

Magistrate’s Court

Customary Courts

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STRUCTURE OF COURTS OF CRIMINAL

JURIDICTION IN NORTHERN NIGERIA

Supreme Court

Court of Appeal
Federal High
Court

Court Martial National Industrial

State High Court Court

Magistrate’s Court
Upper Area Courts

Area Court Grade 1

Area Court Grade 2
Area Court Grade 3

Sharia Courts

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COURTS OF GENERAL CRIMINAL

JURISDICTION
1. SOUTHERN STATES
1. LAGOS STATE
Customary Courts
Constituted by the Customary Courts Laws of the States;
for the trial of offences against local authority bye-laws or
where jurisdiction is expressly conferred upon it; and
contempt committed in the face of the Court. The
maximum punishment it can impose in Lagos State are:
Customary Court Grade A; ₦-200:00k fine or 1 year
imprisonment and Customary Court Grade B.; ₦100.00k
fine or 6 months imprisonment. Section 17, 2 nd Schedule,
Part 2, Customary Courts Law, Lagos 2004.
Magistrate Court
(a) See Magistrates Court Law, 2009 of Lagos State.
Power to divide the State into Magisterial
Districts is vested in the Chief Judge.
NOTE:
1. There are no longer cadres of Magistrates. The
hierarchical order has been abolished-s.91 & 93.
Therefore, any reference to grades of Magistrate is
no longer applicable.
2. All Magistrates are empowered to exercise criminal
jurisdiction as stated in the Law.
3. Criminal jurisdiction
Jurisdiction to try offences:
a. Summary trial of offences-s.29(2)
b. Apart from offences stated in the criminal
code, it can try offences contained in certain

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laws stated in Section 29(6) and the 3 rd

schedule to the Law.

Jurisdiction to punish:
a. The fine or term of imprisonment to be imposed shall
not exceed the maximum fine or term of
imprisonment provided for that offence under the
law.s.29(3)(4)
b. Magistrate shall not sentence a person to a prison term
of more than 14 years s.29(5).
This confirms the existing position that no Magistrate has
jurisdiction to try a capital offence.

Power to increase jurisdiction.s.30

- Attorney General ‟s power subject to recommendation
of the Lagos State Judicial Service Commission and
approval of the Lagos State House of Assembly.

Reconciliation in criminal cases-s.37

- Specific cases in which the Magistrate can encourage
parties to settle are common assault or of offences
amounting to felony and not aggravated in degree, on
terms of payment of compensation or other terms
approved by the Magistrate (compoundable offences).

Prosecution of criminal cases-s.65

- Law officers,
- Police officers and other law enforcement agents who
are legal practitioners.

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1. OTHER SOUTHERN STATES

(a) Jurisdiction to try offences. Generally, there are Seven
Grades of Magistrate
Chief Magistrate Grade I
Chief Magistrate Grade II
Senior Magistrate Grade I
Senior Magistrate Grade II
Magistrate Grade I
Magistrate Grade II
Magistrate Grade III

(b) Jurisdiction over offence s

(1) Offences for which the Magistrate has jurisdiction to
impose the maximum punishment; consent of
accused or law officer not required. Edun v. The
Police (1966) 1 All NLR 17.
(2) Offences for which the Magistrate cannot impose
the maximum punishment provided that:
(a). The Court is of the opinion that the
circumstances of the particular offence and the
antecedent of the accused is such that he would
be adequately punished by the punishment he
has jurisdiction to impose.
(b). The accused consents to the trial(s) before the
Magistrate.
(c). The prosecutor, if a law officer, consents to the
trial.

(iii) Power to try any offence declared by the

enactment creating it to be triable

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summarily or liable to be dealt with on summary

conviction whatever may be maximum punishment
therefore, see Section 2 1(1) (b)(i) of the
various Magistrates' Courts Laws.
4 Preliminary investigation into offences that are to
be tried in the High Court (now abolished).
5 Appeal from Customary Courts

(c) Jurisdiction to Impose Punishment:

This varies from state to state. For example, the position in
Edo State is:
(a) Chief Magistrate Grade I 7 years‟ imprisonment or
₦7,000.00 or both
(b) Chief Magistrate Grade II 6 years‟ imprisonment or
₦5,000.00 or both
(c) Senior Magistrate Grade I 4 years‟ imprisonment or
₦3,000.00 or both
(d) Senior Magistrate Grade II 3 years‟ imprisonment or
₦2,000.00 or both
(e) Magistrate Grade I 2 years‟ imprisonment or
₦1,000.00 or both
(f) Magistrate Grade II 18 months‟ imprisonment or
₦500.00 or both
(g) Magistrate Grade III 6months‟imprisonment or
₦200.00 or both

See Magistrate Court (Amendment) Edict No. 14 of 1977,

which amended Sections 21 and 22 of the Magistrate Court

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Law Cap. 97, 1976. See also Magistrate Court

(Amendment) Edict No.7 of 1979.

(d) Increased Jurisdiction:

The Governor, on the recommendation of the Chief Judge,
may increase jurisdiction of Magistrate both in respect of
offences it can try and the maximum punishment it can
impose.

HIGH COURT
i) As contained in S.272 (1) of the 1999 Constitution.
ii) Section II (1) (b) of the High Court Law Cap H3 Laws
of Lagos State 2004.
iii) All indictable offences contained in an information.
iv) Any non-indictable offence brought by complaint: R.
v. Waziri (1958) N.NLR 91; R. v. Onubaka (1959)
W.NLR.
NOTE: The State High Courts have jurisdiction to hear
and determine cases involving the contravention of all
federal offences. See S.286 (1) (a) of the 1999
Constitution.
Note that the High Court is a superior Court of record. As
such, it is not limited in its jurisdiction to impose
punishment.

APPELLATE JURISDICTION
Appeals from all Magistrates‟ Court. See Section 28 High
Court Law Cap H3 Laws of Lagos State 2004; Section 272
(2) of the 1999 Constitution (as amended)

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2. NORTHERN STATES

AREA COURTS
Area Courts are constituted by Area Courts Edicts of
1967 of each of the former Six (now nineteen) Northern
states. There are four grades of Area Courts; namely:
a) Upper Area Court
b) Area Court grade I
c) Area Court Grade II
d) Area Court Grade III (Section 17)
The Courts are established by warrant under the hand of the
Chief Judge of the State, and every Court thus established
shall exercise jurisdiction as may be conferred by the
warrant establishing it (Section 3).

An Area Court shall consist either of an Area Court Judge

sitting alone or an Area Court Judge sitting with one or
more members (Section 4). The Court may also sit with
Assessors approved by the Chief Judge (Section 5).
Area Courts have jurisdiction to try:
(a) Offences in the Penal Code shown in Column 7 of
Appendix A to the Criminal Procedure Code Law to
be triable by Native Courts, and reference to
Native Courts in the Appendix should read Area
Courts as follows:
(i) Native Court Grade A and A Limited -Upper
Area Court
(ii) Native Court Grade B - Area Court
Grade I

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(iii) Native Court Grade C - Area Court

Grade II
(iv) Native Court Grade D - Area Court
Grade III
(b) Other offences of which jurisdiction is expressly
conferred by the Governor of the State (s.24).
Maximum punishment which Area Courts can impose are
as follows:
(a) Upper Area Court - Unlimited but cannot try
homicide cases
(b) Area Court Grade I -5 years‟ imprisonment or
₦1,000.00 fine
(c) Area Court Grade II - 3 years‟ imprisonment or
₦600.00 fine
(d) Area Court Grade III - 9 months‟ imprisonment or
₦100.00 fine.

Proceedings are according to substantial justice without

undue regard to technicalities (Section 6). See Akiga v. Tiv
N.A. (1965)2 All NLR 146, and Contrast Jos N.A. v. Allah
N. A. Gani (1968) NMLR 8.
Area Courts have jurisdiction to try:
(a) A person whose parents were members of any tribe(s)
indigenous to some parts of Africa and their
descendants;
(b) a person, one of whose parents was a member of a
tribe indigenous to Africa;
(c) a person who consents to be tried by the Court.

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But the Military Governor may direct that any person or

class of persons may not be subject to the jurisdiction of
Area Court (s.15).
Appeal lies from Area Courts Grade I, II and III or Upper
Area Courts to the High Court.
See S.I (a) FCT Abuja (Appeal from Area Court) Act Cap
127 1990 Laws of the Federation.

Area Court Inspectors appointed under the Edict or Act

have power either on application of any person aggrieved
or of its own to appeal to the High Court. (Section 50).
No appeal shall lie from the lower Court at the instance of
any person at whose request a case has been reported to the
High Court or Sharia Courts.

RIGHT OF APPEARANCE OF COUNSEL IN

AREA COURT
By Section 390 Criminal Procedure Code and Section 28
Area Court Edict, 1967 Legal Practitioners have no right of
audience in Area Courts.
See however, Section 36(6) (c) of the 1999 Constitution as
well as the case of Uzodima v. The COP (1982) 1 N.C.R.,
27. Where it was held that S. 390 Criminal Procedure Code
and S. 28 Area Court Edicts Contradicts. S. 33(6)(C) of
the1979 Constitution now S. 36 (6) (C) 1999 Constitution
(as amended).

MAGISTRATE’S COURTS
Magistrate‟s Courts are established by Section 6(1) of the
Criminal Procedure Code. They are of four grades

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Chief Magistrate
Magistrate Grade I
Magistrate Grade II
Magistrate Grade III

Jurisdiction over Offences

(a) Offences contained in the Penal Code shown in the 6 th
Column of Appendix A to be triable by the grade of
Magistrate Court. Offences so stated can be tried by
Magistrates of higher grades or by High Court,
Section 12(1).
(b) Offences contained in laws other than the Penal Code
provided Jurisdiction is expressly conferred on the
Magistrate‟s Court. Where the law is silent on
Jurisdiction, Magistrate‟s Courts can try such offences
where the punishment does not exceed the following:

Chief Magistrate - 10 years‟ imprisonment or ₦1,000.00 fine

Magistrate Grade I - 5 years‟ imprisonment or ₦600.00 fine
Magistrate Grade II - 2 years‟ imprisonment or ₦400.00 fine
Magistrate Grade III - 3 months‟ imprisonment or ₦200.00 fine
See: Board of Customs and Excise v. Yesufu (1964) N.NLR 38

Note Criminal Procedure (Northern States) Amendment

Decree 1966
(c) Preliminary Investigation (now abolished)
Jurisdiction to Impose Punishment
The maximum punishment which Magistrates can impose
are as follows:
Chief Magistrate 5 years‟ imprisonment or ₦1,000.00 fine
Magistrate Grade I 13 years‟ imprisonment or ₦600.00 fine
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Magistrate Grade II 12 years‟ imprisonment or ₦400.00 fine

Magistrate Grade III 9 months‟ imprisonment or ₦200.00 fine

Reference to Higher Court for Punishment

Where the Court sentences an accused 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 24 Criminal Procedure Code Law.

In Kano State, the Criminal Procedure Code was amended

and the provision relating to the number of grades of
Magistrates‟ Courts and the punishment to be imposed by
them were amended. Consequently, there are now seven
grades of Magistrate Courts in Kano State. See Section
4(1) Kano State Magistrate Court Edict 1986 and Section
16 of the same Edict. The Grades with their punishments
are as follows:
(a) Chief Magistrate Grade I 14 years‟ imprisonment
or ₦30,000.00 fine
(b) Chief Magistrate Grade II 12 years‟ imprisonment
or ₦25,000.00 fine
(c) Senior Magistrate Grade I 10 years‟ imprisonment
or ₦20,000.00 fine
(d) Senior Magistrate Grade II 7 years‟ imprisonment
or ₦15,000.00 fine
(e) Magistrate Grade I 5 years‟ imprisonment
or ₦10,000.00 fine
(f) Magistrate Grade II 3 years‟ imprisonment
or ₦5,000.00 fine

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(g) Magistrate Grade III 1-year imprisonment

Or ₦2,000.00 fine

A similar position now applies in most other states.

Increased Jurisdiction
S.19 (I) Criminal Procedure Code Law. The Governor on
the recommendation of the Chief Judge by order may
authorize an increase in jurisdiction.

HIGH COURT
Jurisdiction
(a) All offences in the Penal Code shown in the 6 th Column
of Appendix A to be triable by that Court. Note
Section 12(I) Criminal Procedure Code Law. The
Provision of Section 272 Constitution of the Federal
Republic of Nigeria 1999 applies to the High Court in
the North as in the South.

Appellate Jurisdiction
Appeals from all Magistrates‟ Courts .

THE COURT OF APPEAL

Appeals from all High Courts Section 240 of the 1999 Constitution.

THE SUPREME COURT OF NIGERIA

Appeals from Court of Appeal under Section 233 of the
Constitution.
See: Ajomale v. Yaduat and Anor (No.1) (1991) 5 NWLR
(pt. 191) 257.

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COURTS OF SPECIAL CRIMINAL JURISDICTION

JUVENILE COURTS:
Constituted by the Children and Young Persons Law 1994
(CYPL) Lagos and of the various States with sole
jurisdiction to try all offences against young offenders
except in two cases:
(i) Where the charge is one of homicide -Section 8(2)
CYPL
(ii) Where the juvenile is charged jointly with an adult,
S 6(2) CYPL

Main Features of Juvenile Courts

(a) Court not open to the public- Section 6(5) CYPL
(b) Identity of offender not to be published without
leave of Court- Section 6(5) CYPL
(c) Expressions such as „‟ conviction‟‟ and „‟sentence‟‟
not to be used. S. 16. CYPL
(d) A „‟child‟‟ shall not be ordered to be imprisoned and
a „‟young person‟‟ shall not be ordered to be
imprisoned if he can suitably be dealt with in any
other way-
Guobadia v. The State (2004) 6. NWLR (pt.:
869)360
(e) Committal to an approved institution – S.11. CYPL

Determination of Age
Where Age is in issue, the Court shall make due inquiry
and may take such evidence as may be forth coming
including the production of a birth certificate or a
certificate signed by a government medical officer. The age
is determined thereafter by the Court shall for the purpose
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of the law, be deemed to be the true age of the person,

Section 29 CYPL; Section 208 Criminal Procedure Law ; R
v. Oladimeji (1964) NMLR 3 1.7. Guobadia v. The State
(2004) 6 NWLR (pt.869) 360.

Note: In Modupe v. The State (1988) 4 NWLR 130 , the S.C.

held that by virtue of Section 368 Criminal Procedure Act
if the evidence on record shows that at the time the offence
was committed, an accused charged with capital offence
had not attained the age of 17 years, it will be wrong of any
Court not only to sentence him to death, but also to even
pronounce such sentence. If the trial judge felt that the
accused put his age rather low, he was at liberty to adjourn
the case and call „a medical witness to testify as to the age
of the accused. See also Oladimeji v.R, (supra).

THE FEDERAL HIGH COURT

The Federal High Court is established under Section 249 of
the 1999 constitution.
The Criminal jurisdiction of the Court is provided by
Section 251 (2) (3) of the Constitution.
From the above provision, the Criminal jurisdiction of the
Court will cover treason, offences in respect of taxation
statutes, violation of provisions of CAMA, offences under
the Customs and Excise Management Act, offences
concerning banking, foreign exchange and currency laws,
Criminal liability arising from copyright, patent, designs,
trademarks and merchandise marks, admiralty cases,
bankruptcy and insolvency, aviation and safety of aircraft,
arms, ammunition and explosives, drugs and poisons, etc

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Note that while Section 251(1) C.F.R.N 1999 is

unequivocal about the exclusive jurisdiction of the Federal
High Court in civil matters. Section 251 (2) which attempts
to define or delimit the Criminal jurisdiction of the Federal
High Court omitted the word “exclusive”. This has cast
doubts on the exclusiveness of the jurisdiction of the Court
with respect to criminal matters. By S.251 (2) the Federal
High Court has jurisdiction to entertain matters in respect
of treason, treasonable felonies and allied matters arising
out of S. 251 (1).
QUAERE: Does the Federal High Court exercise exclusive
jurisdiction over Criminal matters pursuant to S. 251 (3)?
See generally Bronik Motors Ltd v. Wema Bank Plc (1983)
6 S.C. 158. Alhaji Mandara v. Attorney General of the
Federation (1984) 4 SC8; Savannah Bank v. Pan Atlantic
Shipping and Transport Agencies Limited (1987) 1 SCNJ
88 Eze v. Federal Republic of Nigeria (1987) 1 NWLR
(part 51) p.506. Contrast these cases with Abass v. COP
(1998) 12 NWLR (pt. 577) 308.
NOTE: The supreme court has resolved the issue of
whether jurisdiction of the federal high court in
criminal matters is exclusive . see the cases of FRN.
V. NWOSU (2016) 17 NWLR (PT 1541) 226 @305
National Industrial Court of Nigeria
The National Industrial Court of Nigeria is provided for
under Section 254A (1) of the Constitution.
S. 254C (2) gives the Court jurisdiction and powers to deal
with any matter connected with or pertaining to the
application of international convention, treaty or protocol
of which Nigeria has ratified. S. 254 C (5) confers criminal

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jurisdiction on Court. S. 254C (6) provides for appeals

from National Industrial Court.
Practice and Procedure: S. 254F (2) provides that the
provisions of the criminal code, penal code, CPA, CPC, or
the Evidence Acts apply. The ACJA now applies to NIC by
virtue of the provisions of s.2 of the ACJA.

COURTS MARTIAL
1. Courts Martial are established by the Armed Forces
Decree No. 105 of 1993(as amended)
The Decree consolidates pre-existing legislations on the
subject, i.e. Nigerian Army Act Cap. 294 L.F.N. 1990, the
Air force Act Cap. 15 L.F.N. 1990 and the Navy Act Cap.
288 L.F.N. 1990. The A.F.D. 1993 established two types of
Courts Martial.
(a) a General Court Martial consisting of a President
and not less than four members, a waiting member, a
liaison officer and a Judge Advocate.
(b) special Court martial consisting of President and not
less than two members, a waiting member, a liaison
officer and a Judge Advocate. See Section 129
A.F.D. 1993. For purpose of the constitution of the
Court martial, the waiting member, liaison officer
and judge Advocate should not be counted. They
are regarded as adjuncts to the Court. See Obisi v.
Chief of Naval Staff (2004) II NWLR (pt. 885) 482.
By Section 130 of the A.F.D. 1993 the Courts Martial shall
have jurisdiction to try a person subject to service law for
offences created under the Decree. See Olatunji v. The
State (2003) 14 N.W.L.R. (PT839) 138. The offences

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include: Misconduct in Action, Insubordination, Absence

from Duty and Drunkenness, etc. See Section 45 – 103
A.F.D.1993. Apart from these Military offences, the
Courts can also try civil offences as provided by Sections
104 – 114 of the Decree.
For officers having power to convene a Court Martial, and
the Constitution of Court Martial. See generally Sections
131, 133 and 136 A.F.D. respectively. The power to
convene Court Martial can be delegated- Section 131 (3).
See NAF v. James (2002) 18 NWLR (pt. 798) 295; State v.
Onyenkwu (2004) 14 NWLR (pt. 893) 340.

Provisions relating to procedure for trials before Courts

Martial are stated in Sections 137 – 146 A.F.D. 1993. A
Court Martial is bound by rules of evidence and
manifestation of fair trials; Nigeria Army v. Mohammed
(2002) 15 NWLR (Pt. 789), 42. Sections 148 – 155 of the
Decree provide for Confirmation, Revision and Review of
Proceedings of Courts Martial.

APPEALS FROM COURTS MARTIAL

Appeals from the decision of the Courts Martial shall lie to
the Court of Appeal and then to the Supreme Court. See
Section 240, 1999 Constitution

OTHER TRIBUNALS
The incursion of the various tribunals into our Criminal
justice system has necessitated a consideration of their
overall effect. Under the military

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i. Treason and Treasonable Offences Tribunal

established by Decree No. I of 1986;
ii. Civil Disturbances tribunal established by Decree
No. 2 of 1987; and
iii. The Robbery and Firearms tribunals established by
Decree No.5 of 1984.

Also worthy of mention is the Failed Banks (Recovery of

Debts) and Financial Malpractices in Banks Decree No. 18
of 1984 which established the various tribunals to try the
offences specified in Section 19 therein. Appeals from the
decision of the tribunal shall lie to the Special Appeal
Tribunal established under the Recovery of Public Property
(Special Military Tribunal) Decree 1984 as amended. The
decision of the Special Appeal Tribunal shall be final; and
where there is no appeal, the decision of the Tribunal shall
be final.
Note: All these Tribunals have presently been disbanded
with effect from May 29, 1999, with a directive that all
pending cases be transferred to the Federal High Court.
See Tribunals (Certain Consequential Amendments etc.)
Decree, 1999.

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CHAPTER THREE
INSTITUTION OF CRIMINAL PROCEEDINGS

OUTCOMES
At the end of the lesson students would be able to:
4. Explain who can institute (commence) criminal
proceedings;

CONTENTS
5. Persons who have power to institute criminal
proceedings-
a) The Attorney General
b) The Police
c) Private Persons
d) Special Prosecutors

THE ATTORNEYS-GENERAL
By Section 174(1) (a) and 211 (1)(a) of the 1999
Constitution (as amended), both the Federal and the State
Attorneys -General can institute Criminal proceedings in
any Court established under any law in Nigeria, except a
Court Martial. See Sections 104 (1), 106 of the
Administration of Criminal Justice Act (ACJA), 2015.

The Federal Attorney-General can institute Criminal

proceedings in respect of offences created by Federal
Legislation, while the State AG. can institute proceedings
in respect of offences created by the State Laws. The
Supreme Court held in Anyebe v. The State (1986) 1 S.C
87, that the Benue State A.G cannot validly prosecute an
accused for an offence under Section 28 of the Firearms
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Act, an offence under the exc1usive legislative list of the

1979 Constitution - except with express authority by the
Federal A.G. to prosecute such offence. Note however that
in Emelogu v. The State (1988) 2 NWLR (Pt. 78) 524, and
Sadiku v. The State (2013) 11 NWLR (Pt. 1364) 191, the
Supreme Court held that a State A.G. could prosecute an
accused under Armed Robbery (Special Provisions) Decree
1970 though the enactment is a Federal Legislation, as it is
meant to operate within the state, such law is usually
deemed to be a law made by the state's legislative body.
See Mohammed v. The State (2015) 10 NWLR (Pt. 1468)
496

DELEGATION OF POWER BY THE ATTORNEY-

GENERAL
The Attorney - General- be it Federal or State can delegate
his powers to any of the officers of his department. Note
Sections 174 (2) or Section 211(2) of 1999 Constitution
and Section 104 (2) of the ACJA, 2015 , which provide
that the A G.'s power can be exercised by him in person or
any officer of his department. Even in the absence of an
A.G, these functions (with the exception of the powers of
entry of nolle proseque), can be carried out by officers of
his department. See State v. Obasi (1998) NWLR Pt 567),
686 ; A.G of the Federation v. A.N.P.P & 2 Ors. (2003) 18
NWLR (Pt. 851) 182.
The A. G. in delegating his powers is free to delegate all
his powers to his subordinates. See Ibrahim v. The State
(1986) 1 NWLR (Pt. 18) 650. In this case, Supreme Court
although frowned at the attitude of an A. G. delegating all

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his powers, still held that such delegation was valid. This is
because under Section 174(3) or 211 (3) of the 1999
Constitution, which applies to the whole Section, the A.G.
possesses an unquestionable discretion. The Court however
noted that if the A. G. had delegated his powers to the
Director of Public Prosecution (DPP) alone, it would be
wrong for the D.P.P to delegate same to his subordinates.
The maxim is "delegatus non potest delegare" meaning "a
delegate cannot delegate"
Note that where there is a blanket delegation by the
A.G., a State Counsel can validly sign the information in
his name, without naming the Attorney-General as the
ultimate authority. See Ibrahim v. The State (supra).

Can a private legal practitioner prosecute on behalf of

the Attorney-General?
It is a settled position of the law that in instituting Criminal
proceedings, the A. G. can, after filing information in the
Court, call upon a private legal practitioner, or any officer
of his department armed with a fiat to prosecute on his
behalf. See FRN v. Adewunmi (2007) ALL FWLR (Pt. 368)
978; COP v. Tobi (2009) ALL FWLR (Pt. 483) 1302;
George v. FRN (2011) 10 NWLR (Pt.1254) 1 at 68. See
also DPP v. Akozor (1962) 1 All NLR 235, Nafiu Rabiu v.
The State (1980) 8 - 11 S.C 130; Gwonto v. The State
(1983) 3 S.C 67.

Note also that the A G. has an absolute discretion in

deciding who to prosecute and for what offence(s), where
several people commit the same offence(s). He need not
give reasons for his decision. A. G. Oyo State and DPP,
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Oyo State (1982) 1 N.C.R. 209.

The A. G. also has power to take over the prosecution of
any case. His discretion in exercising this power is
absolute. Thus, where the A. G. directs the Magistrate that
the record of proceedings before the Magistrate be
transferred to his office and the A G. subsequently filed
information in the High Court in respect thereof, against
the accused, it was held to be valid. See Amaefule v. The
State (1988) 2 NWLR 156. (Pt.75). The A G. is a law unto
himself in taking decisions on matters under Section 174
and Section 211 of the Constitution. He cannot be
questioned, nor his action reviewed. See The State v. Ilori
(1983) 2 S.C. 155.

NOLLE PROSEQUI
The A. G. under Section 174(1)(c) or 211 (1) (c) of the
1999 Constitution has power to discontinue at any stage
before judgment any Criminal proceedings. This is
generally referred to as the power of nolle prosequi. See
also Sections 73 Criminal Procedure Law; 107(1) of the
ACJA, 2015 and 253 (2) Criminal Procedure Code
Law. This power is exercisable by the A. G. in person,
upon informing the Court of his intention to discontinue the
proceedings or by an officer of A.G.'s department, armed
with the written authority of the A. G. See The State v. Ilori
(supra); State v. Chukwura and Others (1964) NMLR 64.
Note that where there is no incumbent A. G., no officer of
his department, not even the Director of Public Prosecution
(DPP) or Solicitor General can validly exercise the power
of nolle prosequi on the A.G.'s behalf. See The Attorney-
General of Kaduna State v. Hassan (1985) 2 N.W.L.R. (Pt.
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8) 483. Distinguish this situation from the ordinary power

of withdrawal conferred on the prosecutor under Section
75 Criminal Procedure Law to withdraw from criminal
trial before a Court. In this respect, See Clarke versus The
A. G. of Lagos State (1986) 1 Q.L.R.N. 119. The Court,
under Section 75 Criminal Procedure Law , not only has
to consent to the withdrawal, the prosecutor is enjoined to
adduce reasons for such withdrawal. Compare with Section
108 of the ACJA, 2015
In exercising the power of nolle, the A. G. may be
influenced by whatever reason, however frivolous.
Consequently, the Supreme Court held in The State v. Ilori
(Supra) that Section 191(3) of the 1979 Constitution
which provides that the A. G. " shall have regards to
public interest, the interest of justice and the need to
prevent abuse of legal process" is merely declaratory and
not directory. If the A.G. therefore disregards the
provision(s), the only sanction against him is removal by
his appointor; adverse criticism by the public or instituting
a civil claim against the A.G, but the plaintiff must be able
to show the damages suffered. The effect of nolle, when
effectively entered is a discharge of the accused person and
not an acquittal. See Section 73(3) Criminal Procedure
Law, The State v. Ilori (supra); Clarke v. The A. G. Lagos
State (supra). The effect of this is that the accused may be
subsequently prosecuted for the same offence. Contrast this
with the effect of withdrawal under Section 75 Criminal
Procedure Law.

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THE POLICE
The Police, by statute, have authority to prosecute criminal
cases in any Court in Nigeria. Apart from their general
duties contained in Section 4 of the Police Act, Section 23
of the Police Act makes provision to the effect that subject
to the provisions of Sections 174 and 211 of the
Constitution of the Federal Republic of Nigeria 1999
(which relate to the power of the Attorney General of the
Federation and of a State to institute and undertake, take
over and continue or discontinue any criminal proceedings
against any person before any Court of law in Nigeria), any
Police officer may conduct in person all prosecutions
before any Court whether or not the information or
complaint is laid in his name. Generally, the Police
prosecute the bulk of the criminal cases in the Courts of
summary jurisdiction i.e. Magistrate Courts. See also
Section 78(b) Criminal Procedure Law. From the
provisions of Section 23 of the Police Act above, it is clear
that the Police can also sign an information and prosecute
cases in the High Court. The only limitation on the face of
the statute is that such proceedings can be taken over from
them, or discontinued by the A. G. who has an overriding
power in this respect. See Olusemo v. The COP (1998) 11
NWLR (Pt. 575), 547; Federal Republic of Nigeria v.
Osahon & Ors. (2006) 5 NWLR(Pt.973) 361.

Note that the exercise of this power is subject to the powers

of the Attorney-General to take over and discontinue as
contained in Section 174 and 211 of the Constitution.

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PRIVATE PERSONS
Private persons can also prosecute criminal cases just like
the Attorney-General and the Police. This is by virtue of
the general position of the law that any person may make a
complaint against any other person alleged to have
committed an offence, unless it appears from the enactment
on which the complaint is founded that any complaint for
such offence shall be made only by a particular person or
class of persons. See Sections 59 of the CPL ;
140,141&142 of the CPC Law.

However, the right of a private person to prosecute is

limited in some respects. It is required that he can file
information after an application to the Attorney -General is
endorsed by the latter. 143(e) of the CPCL; 342 & 343
CPL; 143 (e) CPCL; 77 (1) &254 ACJL,2011 and 109
(e) & 348 ACJA, 2015.

Where an A. G. refuses to prosecute and refuses to endorse,

Mandamus will lie against the A.G. to secure his
performance of the duty. See A.G. Anambra State v.
Nwobodo (1992) 7NWLR (Pt 256) 711, Fawehinmi v.
Akilu. The authority of a private person to file information
regarding indictable offence(s) in Lagos State is now
limited to the offence of perjury, He may however charge
an offender with non-indictable offence in accordance with
the law. See Atake v. Afejuku (1996).3 NWLR (Pt.437) 483.

Note-s.143 (e) CPCL has been deleted by amendment in

some Northern States, particularly Kano State. But states

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like Benue, Adamawa and Taraba still maintain and apply -

s.143 (e) CPCL which allows a private person to file a
direct criminal complaint to the Court without the
involvement of the Police.

Note that the exercise of this power is subject to the powers

of the Attorney-General to take over and discontinue as
contained in Section 174 and 211 of the Constitution.

SPECIAL PROSECUTORS
Some statutes authorize officers, other than Police officers
to institute criminal proceedings in respect of offences
created by them. Examples are (a) Custom offences; See
Customs & Excise v. Senator Barau (1982) 2 N. C.R. 1; (b)
Rating authority or rate collector in respect of rate offences.
See Section 173 Local Government Laws of Lagos State
(c) Inspector of Factory. See Section 71 of Factories Act,
(d) Inspector or Officer of Ministry of Industries in respect
of offences under the Nigerian Enterprises Promotion
Decree No. 54 of 1989. See Section 13 of the Decree. The
EFCC Act and the ICPC Act also make provision for
special prosecutors.

Note that the exercise of this power is subject to the powers

of the Attorney-General to take over and discontinue as
contained in Section 174 and 211 of the Constitution.

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CHAPTER FOUR

MODES OF INSTITUTING CRIMINAL

PROCEEDINGS
OUTCOMES
At the end of the lesson students would be able to:
1. Explain how to commence criminal proceedings in the
various Courts in Nigeria.
2. Explain the effect of the Federal High Court and FCT
High Court Practice Directions
3. Explain the effect of statute of limitation on criminal
trial
CONTENTS
1. Modes of instituting criminal proceedings in the
various Courts in Nigeria-Information, charges,
complaint and F.I.R
2. Practice Directions at the Federal High Court and
F.C.T High Court
3. Limitation of time to commence criminal proceedings
NOTE: The modes of instituting criminal proceedings in
Courts in Nigeria depend on the Court and the part of the
country where the proceedings is instituted (whether it is a
Northern or Southern state in Nigeria, where it is the CPL,
CPCL, ACJL or ACJA that is applicable).

IN THE MAGISTRATES’ COURT

i. By laying a complaint before a Magistrate. This
is applicable in the both the Southern and Northern
States of Nigeria, and Abuja where the CPL,
CPCL, or ACJA are applicable, with the exception

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of Lagos. The ACJL of Lagos State does not

recognize a complaint as one of the modes of
commencing criminal proceedings. See Sections
77(a), 78(a) Criminal Procedure Law (CPL),
I4(a) Criminal Procedure Code Law (CPCL).
;109 (a) & 115 of the ACJA, 2015

A complaint is defined as an allegation made orally or in

writing to a Court that any named person has committed
an offence with a view of moving such Court to issue a
process. See Section 2 Criminal Procedure Law,
Section 1 Criminal Procedure Code Law. The format
of a complaint is contained in Form 3 of the 1st Schedule
to the Criminal Procedure Law and the ACJA, 2015.
Note: If a complaint is made orally, it shall be reduced
into writing - Sections 60 Criminal Procedure Law;
146 Criminal Procedure Code Law; 89 of the ACJA,
2015. It shall not be necessary that the complaint is on
oath. If the facts of a complaint constitute a criminal
offence, the Court shall entertain it and issue a criminal
process i.e. – criminal summon or warrant of arrest
depending on the nature of the offence. See Section 80
Criminal Procedure Law; Section 115 (b) ACJA,
2015. If a Magistrate refuses, an order of mandamus
will be issued against him. See R. v. Adamson (1875) 1
Q.B.D.201
It is sufficient to try an accused upon a complaint
received by the Court in the South (with the exception of
Lagos) after the appropriate process has been issued,
without drafting any formal charge. However, in the

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North, this is not so. Complaint laid before a Magistrate

is a means by which the Magistrate takes cognizance of
the offence, and except it is necessary to convict the
accused upon his admission of the particulars of the
complaints read to him under Section 157 (2) Criminal
Procedure Code, the Magistrate may need to draft a
formal charge for his trial. See Sections 156 -160
Criminal Procedure Code Law. Note also Section 59
Criminal Procedure Law ; S.142 Criminal Procedure
Code Law, to the effect that where a particular provision
defining the offence provides that only a particular
person or class of persons can make a complaint in
respect thereof, only such person or class can make it.

ii. By bringing a person arrested without warrant

to Court upon a charge signed by a police
officer.
This is not applicable in the CPCL States. See Section
78 (b) Criminal Procedure Law; Section 78(1) & (2)
ACJL, 2011; 109 (a), (d) & (e) & 110 (a) ACJA, 2015 .
Note that an accused is usually tried upon a charge in the
North. Such charge is however drafted by the Magistrate
after taking evidence of the prosecution and after he is
convinced that a prima-facie case has been made against
the accused See Sections 159 -160 Criminal Procedure
Code Law. Under the ACJA, 2015, the Police is not one
of those entitled to sign a charge for the purpose of
prosecuting a case in the Magistrates Court. See Sections
106 & 110 (1) (a) of the ACJA, 2015.

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Note that in Lagos State and under the Administration of

Criminal Justice Act of 2015, the charge here may be
signed by a law officer or even a private prosecutor.
Even in states other than Lagos and Abuja, a charge filed
by the Attorney-General or any officer in his department
is still valid. State v. Okpeboro (1980) 2 NCR 291

iii. By Filing a First Information Report (F.I.R)

This is applicable in the Magistrates, Area Courts,
Shariah and Customary Courts of the CPCL States and
the FCT. This is the commonest mode of commencing
criminal proceedings in these jurisdictions. Sections 117
and 118 of the CPCL; 109 (a) & 110 (b) and 112 of
ACJA, 2015.

IN THE HIGH COURT

i. By filing an Information in the South and FCT,
Abuja and by preferring a charge in the Federal
High Court, and the North (with the exception of
Adamawa and Taraba States that use information). See
the Criminal Procedure Code (Amendment) Edict No.8
of 1986 which repealed Sections 167 to 184 of the
Criminal Procedure Code and substituted a new
Section 185 in place of the original. It further
introduces a new Section 185 A to explain the contents
of an information.). See Section 77(b) Criminal
Procedure Law and Section I85(b) Criminal
Procedure Code Law, Section 109 (b) of the ACJA,
2015. Usually the leave or consent of the judge must
be obtained before the information is filed or the

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charge preferred (except for the High Court Lagos,

Federal High Court and under the ACJA). The trial
judge has a discretion to grant or refuse the application
to prefer a change or to file an information. See
OHWOVORIOLE v. F.R.N. (2003) F.W.L.R. Pt 141)
2019. The procedure is the same both in the North and
South and is as follows:
(i) The application shall be in writing, signed by
counsel and shall be accompanied by the
charge in respect of which leave is sought and
unless the application is made by or on behalf
of the Attorney-General, it shall be
accompanied by an affidavit by the applicant
that the statements contained in the application
are, to the best of the deponent's knowledge,
true.
(ii) The application shall state whether or not
previous applications have been made and the
result thereof,
(iii) The application shall be accompanied by
proofs of the evidence of the witnesses
proposed to be called and that such witnesses
shall be available at the trial.
(iv) Shall also be accompanied by the unedited
statement of the accused person. By the
Supreme Court‟s decision in FRN v. Wabara
(2013) 5 NWLR (PT. 1347) 331 , this is no
longer a requirement of the law under the
CPCL
See generally the Criminal Procedure (Preferment of

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charges in the High Court) Rules 1970, Kano State.

Note: Where the proof of evidence does not constitute
the offence charged, the accused can bring a motion to
quash the information and the Court shall grant such
prayer. See Egbe v. The State (1980) 1 N.C.R. 341; Ikomi
v. The State (1986) 5 S.C 313. Enuma v. State (1997)1
NWLR (Pt 479) 115; Abacha v. The State (2002) FWLR
(pt. 118) 1224. A motion may also be brought to quash a
defective information. Okoli versus The State (1992) 6 N.
W.L.R. (Pt 247) 381.
NOTE:1. The provisions of the Federal High Court and
the FCT, High Court Practice Directions, 2013 on
criminal trials should be noted. The Practice Directions
apply to offences of Terrorism, Kidnapping, Trafficking
in Persons, Rape, Corruption and Money-Laundering
cases. These Practice Directions make additional
requirements, the most fundamental of which requires
that a complainant shall not file a charge unless the
charge is accompanied by an affidavit stating that all
investigations into the matter had been concluded and in
the opinion of the prosecutor, a prima facie case exists
against the accused person.
There is no requirement for leave to prefer an
Information in the ACJL and the ACJA
Note that no action, civil or Criminal can lie against the
judge who granted the original application. See Egbe v.
Adefarasin and Another (1985) 1 NWLR (Pt. 3) 549.
Failure to obtain consent before filing an information is
also fatal. The information will be quashed at the trial or
on appeal depending on when this error is discovered.

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See The A. G. (Federation) v. Dr Clement Isong (1986)

1 Q.L.R.N. 75; Okafor v. The State (1976) 5 S.C. 13.

Where a judge of the High Court refuses to give his

consent or leave to file an information or prefer the
charge, the application can be taken to another judge of
that High Court: The Supreme Court noted in Gali v.
The State (1974) 5 S.C that since the discretion to grant
leave is given to a judge of the High Court, the
application, if good cause is shown, could be made to as
many judges as possible and the merit of it' should not
be based on whether it has been made once before
another judge.

ii. By a laying a Complaint. This is another way of

instituting Criminal proceedings in the High Court (with
the exception of Lagos State). Section 77 (b) of the
CPL; 143 (d) CPCL. The complaint may or may not be
in writing and may or may not be on oath. One thing
that is unique about a complaint in the High Court is
that consent is not required. In fact, non-indictable
offences are usually brought before the High Court in
the South by complaint. D.P.P v. Aluko (1963) 1 ALL
NLR 398. Thus, when it is not possible to obtain the
consent of a judge of the High Court, you may bring a
complaint to the judge as this does not require consent.
There is no provision for commencement of action by a
complaint under the ACJA, 2015.

iii. By Information Filed in the Court after the

Accused has been summarily committed for
perjury by a Judge. This is a special procedure
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provided for under the CPL. Sections 77 (b) (ii) &

117& 274 of the CPL . See Terytex Nig. Ltd v.
NPA (1989) 1 NWLR (PT. 96) 229.
Where a law officer chooses to file an Information in this
circumstance, he would require consent of the Judge. This
is because if he proceeds under Section 117, the alleged
perjurer must be arrested with warrant. This shows that
the charge is a fresh one and that invariably calls for
consent.

iv. By Information exhibited in the High Court by

the Attorney-General in his official capacity in
cases where the Attorney-General in England
may file similar Information. This procedure is
provided for under the CPL. Sections 77 (b) (i) &
72 (1) of the CPL . This provision is not being
applied in Nigeria. This is because the right is no
longer exercisable by the Attorney-General in
England as the authority of the Attorney-General in
England in this regard was withdrawn by Section 3
of the Criminal Law Act of 1976.

LIMITATION OF TIME FOR BRINGING

PROSECUTION
Generally, there is no limitation of time for instituting
criminal proceedings. Therefore, Criminal proceedings
may be brought at any time after the commission of the
offence. However, there are statutory exceptions. e.g.
Treason and Treasonable felony contrary to Section 41
of the Criminal Code ; the time limit is 2 years. For
Sedition - 6 months. Section 52(l)(c) of the Criminal
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Code; Proceedings for offences under the Customs and

Excise Act are required to be instituted within 7 years of
date of commission. Section 176(3) Customs and
Excise Management Act Cap C45 LFN 2004 . No
limitation of time for bringing action against public
officers. Section 2(a) Public Officers Protection Act
applies only to civil proceedings and not Criminal
proceedings. See Yabugbe v. The Commissioner of
Police (1992) 4 N. W.L.R. (Pt. 234) 152.

Even in civil matters, the protection under Section 2 (a)

of the Public Officers Protection Act can only avail an
officer who in good faith is discharging his duties.

Note: There is no limitation of time for conspiracy

although substantive offence may be statute barred. See
R. v. Simmonds (1967) 51 Cr. App. Rep. 316. Although
criminal proceedings may be commenced at any time
after the commission of an offence (barring the statutory
exceptions), such proceedings may not likely be
instituted after a lapse of such a long time that a Court
cannot reasonably rely on the recollections of the
witnesses, or after most of the witnesses have died or
not procurable.

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CHAPTER FIVE

ARREST, SEARCHES AND CONSTITUTIONAL

RIGHTS
OUTCOMES:
At the end of this lesson students would be able to:
1. Discuss and explain the power of arrest in criminal
proceedings;
2. Explain how criminal summons and warrants of arrest
are obtained and executed;
3. List and explain the constitutional/procedural rights
and safeguards of an accused person in these
procedures;
4. Complete/draft forms of summons and warrants of
arrest.

CONTENTS:
1. Authority to issue summons and warrants of arrest
2. Service of summons
3. Execution of warrant of arrest
4. Procedure for challenging arrest and constitutional
safeguards relating to arrest

Introduction:
There are three different ways of securing the appearance
of an accused before the Court which will try him. These
are
(a) By summons
(b) By Arrest on Warrant and
(c) By Arrest without Warrant

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Summons:
This is usually preceded by a complaint laid before a
Magistrate or a judge. What is a complaint? See Section 2
Criminal Procedure Lawsof various states in the South and
Section I Criminal Procedure Code Laws of various states
in North, and Section 494(1) of the Administration of
Criminal Justice Act, 2015. Where a warrant of arrest is
sought, a complaint must be in writing and on oath. See
Section 23 Criminal Procedure Law, Sections 89(1), 37 of
the Administration of Criminal Justice Act, 2015. lkonne
versus The Com. of Police (1986) 4 N.W.L.R (pt. 36) 473 .

WHO MAY ISSUE SUMMONS

A summons to appear may be issued by a Court against any
suspect. See Section 80 Criminal Procedure Law and
Section 47(1) Criminal Procedure Code Law, Section 79 of
the Administration of Criminal Justice (Repeal and Re-
Establishment) Law of Lagos State, 2011 and Section 113
Administration of Criminal Justice Act, 2015. Such a
summon must state in writing the substance of complaint,
name of the accused, the date of issue, and must be in
duplicate, signed by the Magistrate or Justice of Peace. See
Section 87 Criminal Procedure Law and Section 47(2)
Criminal Procedure Code Law, Section 85 of the
Administration of Criminal Justice Law of Lagos State,
2011, Sections 117 and 120 of the Administration of
Criminal Justice Act, 2015. See also Sections 81 and 83 of
Criminal Procedure Act. Would rubber stamp suffice as
signature? See Goodman v. Evans (1954) 1 All E.R. 593.
Contrast Okafor v Nweke (2007) 10 NWLR (pt. 1043) 521

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Manner of Service:
Summons should normally be served personally on the
person summoned. See Section 89(a) Criminal Procedure
Law and Section 49(1) Criminal Procedure Code Law,
Section 87(a) Administration of Criminal Justice (Repeal
and Re-Establishment) Law of Lagos State, 2011and
Section 123 of the Administration of Criminal Justice Act,
2015.

Manner of substituted service:

This may be done, by leaving a copy of the summons with
an adult male member of the accused's family, See Section
52 Criminal Procedure Code Law. In the Southern states a
copy of the summons should be affixed to a conspicuous
part of the premises in which the accused ordinarily
resides. See Section 90 Criminal Procedure Law, Section
88 of the Administration of Criminal Justice (Repeal and
Re-Establishment) Law of Lagos State, 2011and Section
124 of the Administration of Criminal Justice Act, 2015.
This mode is also permissible under Section 52 of Criminal
Procedure Code. Note the need for leave of Court before
substituted service.

MODE OF RECEIPT OF SERVICE

Person served must acknowledge receipt by signing the
back of the duplicate. See Section 94 Criminal Procedure
Law and Section 55(2) Criminal Procedure Code
Law, Section 92 (1) of the Administration of Criminal
Justice (Repeal and Re-Establishment) Law of Lagos State,
2011 and Section 128 (1) of the Administration of Criminal

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Justice Act, 2015. Note: that a person who refuses to sign

such duplicate may be detained or committed to prison for
14 days. See Section 95 Criminal Procedure Law, Section
129 of the Administration of Criminal Justice Act, 2015.

Service outside jurisdiction:

This shall be done by sending the summons in duplicate to
a Court in whose jurisdiction the accused is. That Court
shall therefore direct service as if it had issued the
summons. See Section 92 Criminal Procedure Law and
Section 54 Criminal Procedure Code Law, Section 91 of
the Administration of Criminal Justice (Repeal and Re-
Establishment) Law of Lagos State, 2011, Section 126 of
the Administration of Criminal Justice Act, 2015. Note:
jurisdiction here implies that both Courts are within the
same state.

Dispensing with the presence of accused

When a summon is issued against an accused the Court
may dispense with his presence provided he pleads guilty
in writing. His counsel can also plead guilty for him under
the Criminal Procedure Law, but in this case, he has to
appear in Court. See Section 100 Criminal Procedure
Law, Section 135 of the Administration of Criminal Justice
Act, 2015. Under the Criminal Procedure Code Law, his
presence can be dispensed with if among other things, he
pleads guilty in writing; or is represented by Counsel. See
Section 154 (2) Criminal Procedure Code Law.
Note that under the Criminal Procedure Code Law the
Court shall adjourn for the personal attendance of the
accused before the accused is sentenced. See Section
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154(3) Criminal Procedure Code Law. Under the Criminal

Procedure Law and of the Administration of Criminal
Justice Act, 2015, however, the Court may direct the
personal attendance of the accused if it thinks fit and can
enforce this by issuing a warrant for his arrest. See Section
100(2) Criminal Procedure Law, Section 135 (2) of the
Administration of Criminal Justice Act, 2015.

Warrant of arrest:
A warrant of arrest is an authority in writing by a Court to a
police officer or any other person to arrest an offender. See
Section 26 and Section 58 Criminal Procedure Code Law
and Sections 25, 26 and 27 Criminal Procedure Law,
Section 35 and Section 135 (2) of the Administration of
Criminal Justice Act, 2015.
It is applied for where the allegation against the offender is
a serious one and or where a summons is disobeyed. Also a
law creating an offence may provide that an offender
cannot be arrested without a warrant or that he cannot be so
arrested unless found committing the offence e.g. Sections
422 and 419 of the Criminal Code. But even for such
offences, an arrest without warrant will not vitiate any
proceedings arising there from. See State v. Osler (1991) 6
N.W.L.R (pt. 199) 576.

Issuance of warrant of arrest:

A warrant of arrest is issued by a Judge, Magistrate, of
Justice of Peace on a complaint. The complaint must be on
oath. See Section 23 of Criminal Procedure Law, Section
23 Administration of Criminal Justice (Repeal and Re-
Establishment) Law of Lagos State, 2011, Section 37 of the

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Administration of Criminal Justice Act, 2015 and Ikonne v.

The Commissioner of Police (1986) 4 N.W.L.R (pt. 36)473.
A warrant of arrest which must be in writing shall bear the
date of issue, contain necessary particulars and be signed
by the judge or Magistrate issuing it. See Section 22(1)
Criminal Procedure Law, Section 56(1) Criminal Procedure
Code Law, Section 22 Administration of Criminal Justice
(Repeal and Re-Establishment) Law of Lagos State, 2011
and Section 36 (1) of the Administration of Criminal
Justice Act, 2015. It must also state the person to whom it
is directed to and who shall execute it. See Section 25(I)
Criminal Procedure Law. Section 58(1) Criminal Procedure
Code Law, Section 22 Administration of Criminal Justice
(Repeal and Re-Establishment) Law of Lagos State, 2011
and Sections 36 (2), 39 (1) and 40 (1) of the Administration
of Criminal Justice Act, 2015. A warrant may be executed
anywhere within a state. It may be issued on any date
including a Sunday or public holiday. See Sections 24 and
82 of Criminal Procedure Law, Section 24 Administration
of Criminal Justice (Repeal and Re-Establishment) Law of
Lagos State, 2011 and Section 38 of the Administration of
Criminal Justice Act, 2015.
Note- No Police officer irrespective of rank, can validly
issue a warrant of arrest.

Execution:
May be executed on any day including a Sunday or a public
holiday, at any time and in any part of the State other than
within the actual Court room in which a Court is sitting.
See Section 28(1), (2) Criminal Procedure Law, Section 27
(1), (2) Administration of Criminal Justice (Repeal and Re-
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Establishment) Law of Lagos State, 2011, and Section 43

(1), (2) of the Administration of Criminal Justice Act,
2015. It may also not be executed in Parliament or a
Legislative House without the permission of the President
or Speaker. See Sections 15 & 30. See 55. 15 and 30
Legislative Houses (Powers and Privileges) Act 1958. See
also Tony Momoh v. Senate of National Assembly (1981) N.
C.L.R. 2 1.
Warrant must be shown to the person being arrested before
execution unless there are good reasons to the contrary. See
Section 28 (3) of the Criminal Procedure Law, Section 60
of the Criminal Procedure Code Law, Section 27 (2)
Administration of Criminal Justice (Repeal and Re-
Establishment) Law of Lagos State, 2011. If not
immediately available, its existence must be disclosed and
must be shown to the arrested person as soon as possible,
and in Lagos State within 24 hours. Section 29 Criminal
Procedure Law, Section 61 Criminal Procedure Code Law,
Section 28 Administration of Criminal Justice (Repeal and
Re-Establishment) Law of Lagos State, 2011 Sections 43
(3) and 44 of the Administration of Criminal Justice Act,
2015.

Life span of warrant:

A warrant of arrest remains in force until executed or
cancelled by any Judge or Magistrate. See Section 56(2)
Criminal Procedure Code Law, Section 62 Criminal
Procedure Law, Section 25 (2) Administration of Criminal
Justice (Repeal and Re-Establishment) Law of Lagos State,
2011 and Section 39 (2) of the Administration of Criminal
Justice Act, 2015.
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Destination of the person arrested on a warrant:

He must be taken to the Court that issued it except the
endorsement at the back of the warrant authorises that such
person be released upon complying with certain conditions
as stated under Section 30. See S.28 (4) Criminal Procedure
Law, Section 62 Criminal Procedure Code Law, Section
36(2) and 43(4) Administration of Criminal Justice (Repeal
and Re-Establishment) Law of Lagos State, 2011 and
Section 39 (2) of the Administration of Criminal Justice
Act, 2015.

Public Summons
Under the Criminal Procedure Code Law and the
Administration of Criminal Justice Act, 2015, where there
is evidence before a Judge of the High Court that a person
against whom a warrant of arrest has been issued has
absconded or is concealing himself as to frustrate the
execution of the warrant on him, such Judge may publish a
Public Summons in writing requiring that person to appear
at the specified place and time not less than 30 days from
the date of publishing the summons. See Section 67(1)
Criminal Procedure Code Law, and Section 41 of the
Administration of Criminal Justice Act, 2015. There is no
provision for Public Summons in Lagos State and Criminal
Procedure Law. As to how a public summons is published,
see Section 67(2) Criminal Procedure Code Law, and
Section 42 of the Administration of Criminal Justice Act,
2015.

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EXECUTION OF WARRANT OUTSIDE THE STATE

OF ISSUE
The procedure is the same in both the North and South
(except Lagos State) and it is governed by of Sections 482
and 484 Criminal Procedure Law. See Sections 365 and
367, Administration of Criminal Justice (Repeal and Re-
Establishment) Law of Lagos State, 2011. Some northern
states have made provisions for execution of warrant of
arrest outside the state of issue in their Criminal Procedure
Code Law. See Sections 64, 65 and 66 of Criminal
Procedure Code Law of Kwara State, 2006.
(a) The warrant will be taken to the appropriate
Magistrate in the state where the accused resides, who
will satisfy himself that the warrant is issued by the
Magistrate or judge whose name appears on the
process.
(b) The Magistrate then endorses the warrant (see form in
the Fifth Schedule to the Criminal Procedure Law,
authorizing that it is to be executed in that state. See
Section 482 (1) Criminal Procedure Law

The endorsement is sufficient authority to the police officer

to execute the warrant and bring the person named on it
before the Magistrate that endorsed it. Section 482(2):
Criminal Procedure Law
(a) The Magistrate of the state, before whom the person'
is brought shall:
(i) by warrant under his hand order the person
arrested to be returned to the state that issued the
warrant and for this purpose be delivered to the
officer who brought the warrant or
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(ii) where the offence for which the person is

accused is bailable, admit such person to bail
upon conditions as it deems fit. See Section 484
(2) of Criminal Procedure Law, Section 365 (3)
(a), (b) Administration of Criminal Justice
(Repeal and Re-Establishment) Law of Lagos
State, 2011.

Should the Magistrate in the state of execution receive

evidence before making an order for removal?
It appears from the provisions that he should. This is
because the person arrested and ordered to be removed to
the state which issued the warrant, if dissatisfied with the
order has a right to apply to the Judge of the High Court of
that State, for the review of the order. See Section 484(1)
Criminal Procedure Law. Such review shall be by way of
rehearing, and evidence in addition to or in substitution for
the evidence given on the making of the order may be
given. Section 483(3) Criminal Procedure Law. This
presupposes that evidence, if sought to be given in the first
instance must be taken. See R. v. Olowu (1971) NMLR 213.
The judge of the High Court may make the following
orders upon a review:
(a) order the release on bail of the apprehended person on
such terms as he deems fit or,
(b) direct that such person be kept in such custody as the judge
deems fit. See Section 484(2) Criminal Procedure Law.
Should a Magistrate to whom the warrant is taken
endorse it as a matter of course?
No. He has to satisfy himself that there are sufficient

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grounds for the issuance of the warrant by the issuing state.

Thus, if its issuance results in abuse of legal process, he has
to refuse his endorsement on the warrant. See The Police v.
Apampa Suit No. 42/1968. Also where the warrant is issued
in respect of an offence not known to the law of the state of
issue or which offence has ceased to be an offence in the
state of issue, he should not make any endorsement. See R.
v. The Comr Of Metropolitan Police Exparte Harmond
(1964) 3 WL.R.I. Where a warrant of arrest is not endorsed
before an arrestee is moved from one place to another, the
non-endorsement will be regarded as a mere procedural
irregularity which cannot vitiate proceedings unless there is
a failure of justice. See Mattaradona v. Alu (1995) 8
N.W.L.R (pt. 412),225.

Irregularity in summons or warrant of arrest:

When an accused person is before a Magistrate whether
voluntarily or upon summons or after being apprehended
with or without warrant, the preliminary inquiry or trial
may be held notwithstanding any irregularity, illegality or
defect or error in the summons or execution of the same,
and notwithstanding the want of any complaint upon oath,
or any defect in the complaint. See 101 Criminal Procedure
Law, Section 384 of Criminal Procedure Code Law,
Section 98 Administration of Criminal Justice (Repeal and
Re-Establishment) Law of Lagos State, 2011. Compare
with s.382 Criminal Procedure Code Law.
Note: under Section 103 Criminal Procedure Law a warrant
or summons is not invalidated by reason of the person
issuing the same dying, ceasing to hold office or no longer

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having jurisdiction. See also Section 383 Criminal

Procedure Code.

ARREST WITHOUT WARRANT

Who can arrest without warrant?
(a) Police: See Section 24 of the Police Act, Sections
10,11 and 55 Criminal Procedure Law, Section 26 Criminal
Procedure Code Law, Sections 10, 11 and 54 of
Administration of Criminal Justice (Repeal and Re-
Establishment) Law of Lagos State, 2011 and Section 18
Administration of Criminal Justice Act, 2015 . See also
Dallison v. Caffrey (1964) 2 Al E.R 1203; Associated
Provinicial Picture House Ltd. v. Wednesbury Corporatin
(1948) 1 K.B.224. see Lord Diplock in Holgate Mohamined
v. The Duke 79 Cr. App.Rep.120.
Note: It may well be that an offence has not been in fact
committed. Notwithstanding a police officer who on
reasonable grounds effects an arrest is not liable for false
imprisonment See Dallison v. Caffrey (1964) 2 All E.R.
1203. The House of Lords noted in a case that to determine
whether it was reasonable for a constable to have arrested a
person without warrant based upon a suspicion that an
offence has been committed, the power of the police to
arrest being an executive discretion must be exercised in
good faith to the exclusion of considerations of matters
which are irrelevant to what he has to consider. This is the
Wednesbury principles fashioned after the classical case of
Associated Provincial Picture House Ltd. v. Wednesbury
Corporation (1948) 1 K.B. 224. See Lord Diplock in
Holgate Mohammed v. The Duke 79 Cr. App. Rep. 120.

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(b) The Magistrate/Judge/Justice of the Peace

See Sections 15, 16 Criminal Procedure Law, Sections
29(1), 30 (1) Criminal Procedure Code Law, Section 15
Administration of Criminal Justice (Repeal and Re-
Establishment) Law of Lagos State, 2011, Sections 25 and
26 Administration of Criminal Justice Act, 2015.

(c) Private Person

A private person has power to arrest without warrant in the
following situations (a) if a person in his view commits an
indictable offence or (b) if he reasonably suspects a person
to have committed a felony or (c) if he reasonably suspects
a person to have committed a misdemeanor by night. See
Section 12 Criminal Procedure Law. Compare with Section
28 of the Criminal Procedure Code Law. Note Section 13
Criminal Procedure Law, Section 12 Administration of
Criminal Justice (Repeal and Re-Establishment) Law of
Lagos State, 2011 and Section 20 Administration of
Criminal Justice Act, 2015.

How to deal with the person arrested:

If a police officer arrests a person without a warrant, he
shall take such person with all reasonable dispatch to a
police station or other place(s) for the reception of arrested
persons. Such a person must be given reasonable facilities
to obtain legal advice, taking steps to furnish bail. See
Section 9 Criminal Procedure Law, Section 14
Administration of Criminal Justice (Repeal and Re-
Establishment) Law of Lagos State, 2011 and Section 14
Administration of Criminal Justice Act, 2015. In case of a

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private person, he shall without reasonable delay make over

the person so arrested to a police officer, or in the absence
of a police officer, take such person to the nearest police
station. See Section 14(1) Criminal Procedure Law, Section
39(1) Criminal Procedure Code Law, Section 14 (1),
(4) Administration of Criminal Justice (Repeal and Re-
Establishment) Law of Lagos State, 2011, Section 23
Administration of Criminal Justice Act, 2015.
lf the arrested person is one whom the police have power
to arrest, they shall re-arrest him. See Section 14(2)
Criminal Procedure Act; Section 39(2) Criminal Procedure
Code. See. See John Lewis and Co. v. Tims (1952) 1 All
E. R. 1203; Nweke v. The State (1965) 1 All NLR 114. If a
Judge arrests or directs the arrest of a person, he shall
commit the offender to custody or grant him bail, if the
offence is bailable. Section 29(a) Criminal Procedure
Law and Section 61 Criminal Procedure Code.

What happens to the accused while in police station?

The law enjoins the police officer to bring the accused to
Court within 40km radius having jurisdiction over the case
within twenty-four hours or within forty eight hours in
other cases, and if this is not practicable, he shall be
released on bail, upon his entering into recognizance with
or without sureties, except the offence is a capital offence
or of a very serious nature. Section 35(5) Constitution,
Section 17 Criminal Procedure Law, Section 340(1)
Criminal Procedure Code Law, Section 17, Administration
of Criminal Justice (Repeal and Re-Establishment) Law of

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Lagos State, 2011 and Section 30 (1), (3) Administration of

Criminal Justice Act, 2015.
If, while the accused is at the station, investigation cannot
be completed forthwith, he shall be allowed to go on bail
upon entering into a recognizance, with or without sureties
for a reasonable amount to appear at such police station and
at such time as are named in the recognizance. Section 18
Criminal Procedure Law, Section 31 Administration of
Criminal Justice Act, 2015. See Section 35 (3), (4) and (5)
of the 1999 constitution.

ARREST
In making an arrest, the police officer or any other person
making same shall actually touch or confine the body of the
person to be arrested, unless there be a submission to the
custody by word or by conduct. See Sections 3, 5 of
Criminal Procedure Law, Section 38 Criminal Procedure
Code Law, Sections 1, 3 of Administration of Criminal
Justice (Repeal and Re-Establishment) Law of Lagos State,
2011 and Section 4 of Administration of Criminal Justice
Act, 2015.
Note: The person arrested shall not be handcuffed, or
otherwise bound or be subjected to unnecessary restraint
except by order of the Court.

Exception: When there is a reasonable apprehension of

violence, or of an attempt to escape or the restraint is
necessary for the safety of the person arrested, then such
can be restrained-Section 4 Criminal Procedure Law,
Sections 31, 37 Criminal Procedure Code Law, Section 2

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Administration of Criminal Justice (Repeal and Re-

Establishment) Law of Lagos State, 2011and Section 5
Administration of Criminal Justice Act, 2015.
Note: Also that the arrested person must be informed of the
cause of the arrest except he is in the actual course of
committing a crime or is pursued immediately after
committing a crime or escaping from lawful custody. See
Section 5 Criminal Procedure Law, Section 38 Criminal
Procedure Code Law, Section 3 Administration of Criminal
Justice (Repeal and Re-Establishment) Law of Lagos State,
2011and Section 6 (1) Administration of Criminal Justice
Act, 2015.
In Holgate Mohammed v. Duke (1984) Vol. 79 CR. App.
Rep. 120, the House of Lords stated the meaning of the
word „arrest‟ as follows: "it is a continuing act and starts
with the arrester taking a person into custody, it continues
until the person restrained is either released from custody
or having been brought before a Magistrate is remanded in
custody, by the Magistrate's judicial act".
On what constitutes a lawful arrest, House of Lord said,
"The mere act of taking a person into custody does not
constitute an arrest unless that person knows, either at the
time when he is first taken into custody or as soon
thereafter as it is reasonably practicable to inform, upon
what charge, or on suspicion of what crime he is being
arrested". See also See also Christie v. Leachinsky (1947)
A.C. 573.

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POWER TO SEARCH BY THE POLICE AND

OTHER LAW ENFORCEMENT AGENTS.
a). The search of the person:
Power of the Police and other Law Enforcement Agents to
search the body of a person arrested by the Police or where
a private person arrests and hands over the suspect to the
Police is recognized by the various statutes regulating the
administration of criminal justice in Nigeria. These laws
are: Section 6 (1) of the Criminal Procedure Laws (CPL) of
the various States in the South (except Lagos), Section 44
(1) of the Criminal Procedure Code Laws (CPCL) of the
various States in the North, Section 5 (1) of the
Administration of Criminal Justice Law (ACJL) of Lagos
State, 2011 and Section 9 (1) of the Administration of
Criminal Justice Act (ACJA), 2015. See also Section 29,
Police Act, Section 150 (1) Customs and Excise
Management Act (CEMA) and Section 32 of the National
Drug Law Enforcement Agency (NDLEA) Act.

The laws also permit medical or scientific examination of

any person who is reasonably suspected of concealing an
incriminating item in the latent part of his/her body, by a
Police Officer, a Medical Practitioner or any certified
professional with relevant skills, acting at the request of a
Police Officer-See Sections 6(6) CPL, 127(1) & (2) CPCL,
5(6) ACJL, 2011, Section 11ACJA, 2015 and Section 4(4)
NDLEA Act.

Note: In searching the body of a woman, the search shall

be carried out by another woman-Sections 6 (2) CPL, 44(3)

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CPCL, 149 (3) ACJA, 2015. The search shall be made with
strict regard to decency-Section 82 CPCL. Sections 5
(2) ACJL, 2011 and 9(3) ACJA, 2015 provide that the
search shall decently be made by a person of same sex.

b). The search of Premises: The general rule is that before

any premises can be searched, a search warrant must be
obtained, otherwise such search will be unlawful. However,
search warrant may not be necessary where: (1). a Police
Officer acting upon a warrant of arrest suspects that the
person to be arrested has entered into or is within any
premises, the person residing in or in charge of such
premises shall on demand allow free and unhindered access
to the Police Officer or other persons executing the search
warrant-See Sections 7(1) CPL, 34(1) & (2) CPCL,
7(1)ACJL, 12(1)&149(1)ACJA.
(2). Justice of the Peace directs a search to be made in his
presence of any place for the search of which he is
competent to issue a Search Warrant-Sections 85 CPCL
and 152 ACJA, 2015.
Other instances are provided for under:
(3) Sections 147(1) CEMA and 32 NDLEA Act.

Note: Where the premises to be searched is occupied by a

woman not being the person to be searched and who does
not appear in public, such person should be allowed to
withdraw before the execution of the search warrant-
Sections 79 CPCL, 7(3) ACJL, 149(6) ACJA.

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How to procure a search warrant:

A search warrant is procurable upon oath and in writing-
Section 107(1) CPL, 104(1) ACJL and 144(1) ACJA. See
also Section 76(1) CPCL.

Time of issue and execution of a search warrant:

A search warrant may be issued and executed on any day
including a Sunday and public holiday-Sections 111(1)
CPL, 108(1) ACJL, 148 ACJA. Musa Sadau v. The State
(1968) NMLR 208.

Life span of search warrant:

Search warrant remains in force until it is executed or
cancelled by the Court that issued it-Sections 109(2) CPL,
106(2) ACJL and 146(2) ACJA.

Who has authority to issue a search warrant?

A Judge, Magistrate or Justice of the Peace-Sections 109(1)
CPL, 74, 75 76(1) CPCL, 106(1) ACJL and 146 (1) ACJA.
A Superior Police Officer in certain circumstances may
issue search warrant to any Police Officer to search any
premises which is or has been within the preceding one
year in the occupation of any person who has been
convicted of receiving stolen property or of harbouring
thieves or of any offence involving fraud or dishonesty and
punishable by imprisonment-Section 28 Police Act.

Who is a Superior Police Officer?

He is an officer above the rank of a cadet Assistant
Superintendent of Police (ASP)-Section 2 Police Act.

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Seizing goods not specified in the search warrant:

Generally, only items mentioned in the search warrant
should be seized. However, where the person executing the
search warrant comes across items which he reasonably
believes to have been stolen or are relevant in respect of
other offences, he can lawfully seize such items- Reynolds v
The Commissioner of Police for the Metropolis (1985) 80
Cr. App. Rep. 125.

Note: The power to search includes the power to arrest the

occupant of the premises-Section 76(b) CPCL.
A Police officer who enters a man‟s house for the purpose
of lawfully arresting him may remove any document or
material which he finds in his house and which he
reasonably believes to be material evidence in relation to
the crime for which he is arrested or which shows him to be
implicated in some other crime provided he acts reasonably
and detains them not longer than is necessary- Reynolds
case (supra). Compare with Elias v. Pasmore (1934) 2 K.B
164.

Admissibility of evidence illegally obtained:

Non-compliance with any of the provisions of the law
relating to the issuance and execution of a search warrant
will render such search unlawful.
Where documents or any other materials are seized from
the premises of another in circumstances that render such
removal unlawful, such documents may notwithstanding,
be admitted in evidence at the trial, where they are relevant.
Reason being that the basis of admissibility of any evidence

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is its relevancy-Kuruma v The Queen 1955) 1 All E. R. 236.

Musa Sadau v The State (1968) NMLR 208.

Section 14 of the Evidence Act, 2011, however, gives the

Court the discretion to exclude improperly obtained
evidence. Section 15 Evidence Act, 2011 provides for
matters the Court should take into consideration in its
exercise of discretion under Section 14.

Liability for procuring a search warrant without

reasonable cause:
Civil liability attaches to procurement of a search warrant
without reasonable cause-
See: Wuraola Kuku v Olushoga (1962) 1 All NLR 625;
Balogun v Amubikahu (1989) 3 NWLR (Pt. 107) 18; Bayol
v Ahemba (1999) 10 NWLR (Pt. 623) 381; Garba v
Maigoro (1999) 10 NWLR (Pt.624) 555; Ojo v Lasisi
(2003) All FWLR (Pt. 156) 886; UAC PLC v Sobodu
(2006) All FWLR (Pt. 329) 876.

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CHAPTER SIX

BAIL PENDING TRIAL

OUTCOMES
At the end of the lesson students would be able to:
1) Identify the nature and types of bail – bail by the
police; bail by Court pending trial and; bail by Court
pending appeal
2) Explain the methods of applying for bail
3) Identify factors that govern grant of bail
4) Explain the procedure for applying for bail after it has
been refused by the Magistrate.
5) Draft application for bail before the Court.
6) Explain the terms and conditions upon which bail may
be granted.
7) Identify the circumstances when bail may be revoked.

CONTENTS
8. Nature and types of bail.
9. Power of the Magistrate Court to grant bail
10. How to apply for bail to the High Court after refusal
by the Magistrate
11. The procedure for bail application in the High Court
12. Factors that govern grant of bail by the Court.
13. Terms and conditions upon which bail may be granted
14. Revocation of bail.

Bail by the Police:

Going by the provisions of Section 35 (4) & (5) of the 1999
Constitution (as amended), the Police cannot, except in

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capital or other serious offences, detain a person beyond 48

hours in any case. In recognition of this constitutional
provision, Sections 17,18 CPL; 129 CPCL; 17 ACJL; 30 &
31 ACJA and 27 Police Act empowers the police to grant
bail to arrested persons where it is impossible or
impracticable to bring them before a Court within a
reasonable time as required by the constitution. See also
Eda v. C.O.P. (1982) 3NCLR 219. Although there is no
statutory provision as to the procedure for applying for bail
in the Police Station, it is usually in writing and signed by
the suspect or his lawyer or surety. It may be with or
without bond. Bail is free, though in practice it is not
unusual for counsel or the suspect to give administrative
fees. As soon as the suspect is charged to Court, the Police
bail lapses and another application has to be made by the
accused if unrepresented or his counsel, immediately after
arraignment before the Court which may be oral or in
writing as the Court may direct.
Note that where there is more than one suspect detained at
the Police Station and they are represented by the same
counsel a single application by their counsel listing their
names and names of their sureties suffices.

Detention of an arrested person beyond 48 hours

It is now provided under Section 264 (1) ACJL 2011 that
any person arrested for any offence triable on Information
shall within a reasonable time of the arrest be brought
before the Magistrate Court for remand which the
Magistrate have power to make a remand order after
examining the reasons for the arrest as stated in the request

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form filed by the police. If the Magistrate is satisfied on the

reason (s) as stated may make an order of remand pending
the legal advice of the Director of Public Prosecutions or
the arraignment of such person before the appropriate court.
Note that in the above proceedings the suspect is brought
before the Court based on a formal application filed before
the Court requesting for remand, contrary to what obtains
under the holding charge regime. The suspect is not
brought before the Court for arraignment, therefore his plea
will not be taken since the Court lacks jurisdiction. The
Supreme Court has in the case of Lufadeju v Johnson
(2007) All FWLR (Pt.871)1532 at 1559; (2007) 8NWLR
(pt. 1037) 538 held that the remand procedure is legal
whilst interpreting s. 236 (3) of the old CPL Lagos 1994
Cap 32 Vol. 2. Laws of Lagos State.
In the exercise of the above power, what constitutes
„probable cause‟ is as contained in Section 264 (2) ACJL
and the Magistrate is also empowered to grant bail where
necessary depending on the circumstances of the case. See
s. 264 (5) ACJL. The maximum period which the
Magistrate may remand the suspect is sixty (60) days which
may be extended only on good cause shown that necessary
steps have been taken to arraign the person before an
appropriate Court or tribunal. See s. 264 (6) & (8) ACJL.
Note that the ACJA 2015 contains an equivalent provision
in Sections 294 to 298 which is impari materia with the
provisions of the Lagos State Law except that the
maximum period of detention under the ACJA is forty-two
(42) days. The position of these enactments appears to be in
tandem with Section 35 (1) proviso of 1999 Constitution

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(as amended) and Section 35 (4) & (5) of the same

constitution.

Court Bail Pending Trial:

Once the accused has been taken to Court, application for
his bail is usually made to a Magistrate or the judge.
Granting of bail by the Court depends on whether the
offence is a simple offence, misdemeanor or a felony. See
Section 118 Criminal Procedure Law; Section 341 Criminal
Procedure Code Law.
Note: Bail is usually refused in respect of a capital offence
except in special circumstances. See Section 341(1)
Criminal Procedure Code Law, Section 118 (1) Criminal
Procedure Law and Section 161(1) & (2) ACJA on
what amounts to special circumstances. See also
Olugbusi v. The CO.P, (1970) 2 All N. L. R.I.
Under the various Criminal Procedure Laws of Nigeria, a
Magistrate cannot grant bail in respect of a capital offence.
See Section 118 CPL, Section 12 combined with Appendix
A CPCL, Section 115 ACJL 2011 and Section 161 (1)
ACJA 2015. See further the interesting case of State v.
Ozuzu (2009) All FWLR (Pt. 454) 1581 . Note Section 341
(3) Criminal Procedure Code Law. If the offence is felony
other than capital offence, the Magistrate or the Judge may
grant bail. The Magistrate has a discretion to either grant or
refuse bail in such cases. See S. 118 (2) Criminal Procedure
Law. See Ulauku v. The CO.P, 1986 1 Q.L.R.N. 146:
Tarka v. DPP (1961) N.NLR 3. Ukatu v. COP (2001) 6
NWLR Pt. 710, 765. Where the offence is not a felony, the
Court shall grant bail. See Section 118 (3) Criminal
Procedure Law, Section 340 (1) Criminal Procedure
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Code Law, Section 115 (3) ACJL and Section 163 ACJA.

Factors to consider when deciding the issue of bail

include:
(1) Whether the accused will appear to stand for his trial
(whether or not he will jump bail). See Dokubo-Asari v.
Federal Republic of Nigeria (2007) All FWLR (Pt. 375)
588.
(2) If there is likelihood that the accused will commit any
offence while on bail. R. v. Jammal 16 NLR 54.
(3) The Criminal record of the accused may lead to refusal
of bail. See Eyu v. The State (1988) 2 NWLR (pt. 78)
602. Ajudua v. F.R.N.
(4) The nature of the offence and the severity of the
punishment prescribed. See Abacha v State (2002)
FWLR (Pt. 98)863; Anaekwe v. COP (1995) 6 NWLR
(pt. 403) 564;
(5) The character of the evidence against the accused-
Abacha v. The State (2002) 2 F.W.L.R (Pt 98) 863;
Bamaiyi v. State (2001) 4 SCNJ 103
(6) The prevalence of the offence. See Felix v. The State
(1978) 2 LRN 308; Ajudua v. F.R.N (2005) All FWLR
(Pt. 246) 1274; Ani v. State (2002) 1NWLR (Pt 747.)
(7) The possibility of the accused interfering with further
investigation and the prosecution of the case. Dantata v.
COP (1958) NNLR 3; Bamaiyi v. State (supra);
Dambaba v. State (2000) 14 NWLR (Pt. 687) 396.
(8) Detention for the protection of the accused – Bamaiyi v.
State (2001) 4 SCNJ 103; Nnogu v State (2002) FWLR
(Pt. 103) 482.
(9) Whether the defendant/accused attempted to conceal or
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destroy evidence.
See s. 162 (d) ACJA.
(10) Ill health of the accused. See Ani v. The State (2002)
FWLR (pt. 125) 661; Fawehinmi v. The State (1990) 1
NWLR 486; Abacha v. The State (2002) 2 F.W.L.R (Pt
98) 863.
NOTE: the relevant considerations in an application for
bail based on ill health are clearly listed in Ofolue v.
The State (2005) 3 NWLR (pt. 913) 571 at 600.

The affidavit in support of the bail application must

show the following:
(a) That the ill-health is likely to affect other inmates
where the applicant is detained. Consider whether the
application may be granted where the illness is not
contagious.
(b) That there is a positive and cogent medical report
issued by an expert pointing irresistibly to the
existence of the illness (preferably a Government
hospital-S.161(2) ACJA).
(c) That the Prison lack adequate medical facilities to
treat the applicant ‟s ailment.

Note: The Court must not refuse the accused bail as a

punishment. See Dogo v. The COP (1980) 1 N.C.R. 14; this
is because the accused is usually presumed innocent until
his guilt is proved. See Eyu v. The State (1988) 2 NWLR
(pt. 78) 602. S. 36 (5) 1999 Constitution (as amended).
Note: The accused is only required to enter into
recognizance in the sum fixed by the Court. It is not a

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requirement of the law that he should deposit money before

bail is granted. See Onuigbo v. The C.O.P (1967) N.M.L.R
44: Eyu vs. The State (1988) 2 NWLR (pt. 78) 602.
In granting bail, the amount of bail to be taken in any case
shall be fixed with due regard to the circumstances of the
case, status of the accused person and shall not be
excessive. See Section 120 Criminal Procedure Law;
Section 349 (1) Criminal Procedure Code Law, Section 116
(1) ACJL and Section 165 (1) ACJA. Thus where the sum
is excessive, application may be made to a higher Court for
the review of the conditions of the bail. See Section 125
Criminal Procedure Law; Section 344 Criminal Procedure
Code Law.
Note that under Section 162 of the ACJA 2015 the factors
the Court will consider to decide whether or not to grant
bail in relation to offences of felony other than felonies
punishable with death has been codified.

Refusal of the Magistrate to grant bail:

Where a Magistrate to whom application for bail has been
made refused or neglected to grant bail, application could
be made to a Judge of High Court who shall have power to
grant such bail. See Section 119 ACJL; S. 123 CPL. Dogo
v. The COP (Supra). Note that once a Court has refused to
grant bail, application for bail should be filed at a higher
Court, not in any Court of the same co-ordinate
jurisdiction. See The State v. Uwa (1976) 2 E.N.L.R 143;
Anaekwe v. COP (1995) 6 NWLR (pt. 403),564.

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Procedure for bail application at the Magistrate’s Court

or High Court as Court of first instance
The Criminal Procedure Laws of the Southern States, The
Criminal Procedure Code Laws of the Northern States, the
Administration of Criminal Justice Law, Lagos 2011, and
the Administration of the Criminal Justice Act 2015 are all
silent on the procedure. In the Magistrate‟s Court oral
application suffices except where the Magistrate directs
otherwise. However, in the High Court being a Court of
record, bail application is usually in writing, but could also
be oral. See Abiola v. F.R.N (1995) 3 NWLR (Pt. 382) 203
P. 117.
In the South excluding Lagos, Section 363 of Criminal
Procedure Laws of the various States allows for the
application of the procedure of the Practice and Procedure
of criminal matters in England. Thus since the procedure in
England by virtue of English Rules of the Supreme Court
(Criminal Proceedings) 1949 provides for application by
summons, the procedure in the South is by summons.
In Lagos, the procedure adopted is also by summons even
though Section 262 ACJL 2011 gives discretion to the
Court to adopt whatever procedure that will do substantial
justice in the course or matter.
On the other hand, in the North, Section 35 High Court
Laws of Northern Nigeria does not permit the Courts to
adopt English rules and procedure. Therefore, in practice
the procedure adopted in the North is application by way of
Motion on notice.

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How to apply for bail in the High Court in the South

excluding Lagos after its refusal in the Magistrate’s
Court:
No specific provision exists in the Criminal Procedure
Laws of the Southern States on the procedure for bail
application after its refusal in the Court of first instance.
However, S.363 Criminal Procedure Law allows for the
adoption of the procedure in the English Courts in the
South where there are lacunae in the law. The applicable
procedure in England is that such application should be by
summons, supported with affidavit and probably a written
address. See Olugbusi v. The CO.P, (1970) 2 All N. L.R.I.
Simidele v. The C.O.P (1966) NMLR 116; Okeke v. The
C.O.P (1960) N.R.NLRI and Abiola v. FGN (1995) 2
NWLR (pt. 382),203.
The affidavit must contain especially the following
annexures:
(a) The Certified True Copy of the Charge sheet;
(b) The Certified True Copy of the Ruling of the lower
Court refusing the bail application.

How to apply for bail in the High Court in Lagos State

after its refusal in the Magistrate’s Court:
The Administration of Criminal Justice Law 2011, Lagos is
silent on the procedure for bail application to the High
Court after its refusal at the Magistrate Court. The
provision of Section 262 of ACJL 2011 enjoins the Court
to adopt such procedure as will in its view do substantial
justice between the parties. This however gives the Court
the discretion to adopt whatever procedure it deems fit will

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serve the justice of the case. In Lagos the procedure usually

adopted by the Court is application through summons
supported by affidavit exhibiting the necessary documents
and a written address.

How to apply for bail in the High Court in the North

after its refusal in the Magistrate’s Court:
Again there is no provision in the Criminal Procedure Code
Laws of the Northern States as to the procedure of the bail
application after its refusal by the lower Court. Unlike the
Criminal Procedure Laws of the Southern States (excluding
Lagos), Section 35 of the High Court Laws of Northern
Nigeria 1963, application of foreign rules and procedures
are specifically excluded in Criminal matters. The common
procedure which has been adopted is to make such bail
application by motion on notice, supported by affidavit.
The affidavit must equally evidence the certified true
copies of the charge sheet and certified true copies of the
Ruling of the lower Court refusing the bail application. See
Offiong v. The C.O.P (1967) N.M.L.R 341. Note however
the case of Tanko and Another v. C.O.P (1986) 1 Q.R.L.N
58 where it was held that bail could be by summons
supported by affidavit.

How to apply for bail in the High Court in the Federal

Capital Territory (Abuja) after its refusal in the
Magistrate’s Court:
The Federal Capital Territory is in the North but enjoys a
peculiar position because its legislative chamber is the
National Assembly of the Federal Republic of Nigeria. The

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Criminal Procedural Law applicable in the Federal Capital

Territory, Abuja which governs criminal proceedings in the
Courts is the new Administration of Criminal Justice Act
2015.
The Act is silent as to the procedure and manner of bail
application to the High Court after its refusal by the
Magistrate‟s Court. Like Lagos, Section 492 (3) ACJA
enjoins the Court to adopt such procedure as will in its
view meet the justice of the case. The implication is that
the Court is at liberty to adopt any procedure that will meet
the justice of the case which could be that an application
could be brought by way of summons or motion on notice.
In practice however, it appears that the Courts in the
Federal Capital Territory prefers applications being brought
by motion on notice.

Effect of non-compliance with procedure:

The trend of cases supports the proposition that the Court
will not punish a person for not strictly complying with
procedural rules. If a person has a right, it does not really
matter how he enforces it. The Court will look into the
justice of the case since rules of procedure cannot override
the rule of substantive justice. See Falobi v. Falobi (1976)
1 N.M.L.R 169; Bello v. The Attorney-General Oyo State
(1986) 12 S.C.I

Re-arresting a person already granted bail:

When the circumstances are brought to the knowledge of
the Court that a person already granted bail ought not to
have been granted bail, the Court may cause him to be

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arrested and may commit him to prison until the trial, or if

thought fit, reconsider and increase the sum in which he
had earlier bond himself. See Section 131 Criminal
Procedure Law; s.350 Criminal Procedure Code Law.

Implication of the accused jumping bail:

When an accused jumps bail by failing to appear as
specified, the Magistrate or Judge may issue a warrant for
his arrest and to be brought before him. See Section 143
Criminal Procedure Law; Section 355 Criminal Procedure
Code Law. Note also that the surety may forfeit his bond
upon the accused absconding or of failing to show up in
Court. However, a surety can always, if he sees good
reason to do so, apply to Court to be discharged. In this
case, the accused will be arrested upon a warrant until he
procures another surety. See Section 134 Criminal
Procedure Law; s. 35 Criminal Procedure Code Law.

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CHAPTER SEVEN

BAIL PENDING APPEAL:

Once an accused is convicted, he is no longer presumed
innocent. He becomes a prisoner. Although he may apply
for bail pending the hearing of his appeal, such a bail is
usually rarely granted. The Court only grants bail upon
special circumstances being shown by the prisoner.

What constitutes Special circumstance?

The categories may not be closed. It will therefore depend
on peculiar circumstances of each case. The following
situations have been pronounced upon by the Court to
constitute special circumstances:
(1) Where the applicant will be of assistance for the
preparation of the real case for appeal or that the real
case is so complex that there is obvious need for close
consultation between the applicant and his legal
practitioner. See R v. Starkie 24 Cr. App Rep.I at 2.
(2) Where to refuse the application will put the applicant's
health in serious jeopardy, e.g. a hypertensive patient
who needs constant medical attention and who cannot
be attended to in custody. See Fawehinmi v. The State
(1990) 1 N.W.L.R 486; Chukwunyere v. The C.O.P.
(1975) 5 E.C S.L.R. 44
(3) Where a sentence is manifestly contestable, refusal of
bail in such circumstances could inflict a greater
injury on the applicant who may well have served an
illegal sentence. See Fawehinmi v. The State (1990) 1
N.W.L.R 486 (supra).

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(4) The Court also considers the length of time which

must elapse before the appeal can be heard and the
length of sentence appealed against. Where the
accused may have served the sentence before his
appeal can be heard, bail may be granted. See R
v. Tunwase (1935) 2 W.A.C.A 236; Okoroji v. The
State (1990) 6 E.N.L.R 509 (Pt 157)., Jennifer Madike
v. The State (1992) 8 NWLR (Pt. 257), 85, Obi v. State
(1992) 8 N.W.L.R (Pt 257), 76.
(5) Where the appellant was granted bail in the course of
trial and he did not jump bail. See Munir v. F.R.N
(2009) All FWLR (Pt. 500) 775; Olamolu v. F.R.N.
(2009) All FWLR (Pt. 485) 1800.
(6) Where the appellant is a first time offender. See
Buwai v. State (2004) All FWLR (Pt. 227) 540.

Procedure for Application:

Application for bail pending appeal is done by motion
supported by affidavit and not summons. See Aroyeun v.
C.O.P (1968) NMLR 433.
Where two or more accused persons are jointly tried and
convicted, even where they are represented by the same
counsel, it is important that separate motion paper and
affidavit be filed for each of the applicant. See Afigbu v.
C.O.P (1975) NNLR 128. Where however the counsel
elects to file one motion paper for two or more applicants,
yet the applicants must depose to separate affidavits.

TERMS OF BAIL
By terms of bail, we mean security for the temporary

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release of the offender/defendant/accused on security for

his appearance on a named date for further interrogation or
trial. See s.116 (1) ACJL. Therefore, it entails the
conditions upon which bail is granted which must be
fulfilled before the offender/defendant/accused will be
released from custody. The terms of bail are usually spelt
out by the Judge when granting bail depending on the
circumstances of the case and the status of the individual
applying for bail. See s. 165 (1) ACJA; s.116 (1) ACJL.
Terms upon which bail may be granted are:
1. Self-Recognisance:
Bail may be granted on this term when the person
applying for bail appears to be a person of repute and
the Court reasonably believes that such person will
appear to face his trial or jump bail.
2. Accused executing a bond.
Depending on the circumstances of the case the Court
may make an order for the execution of bond for a
fixed sum before the applicant for the bail will be
released from custody. The bond is an undertaken by
the applicant that he will appear to face his trial.
Where the applicant fails to appear as at when due, the
sum in the bond may be forfeited, the bail revoked and
bench warrant issued for his arrest. See s.345 CPCL;
S.184 ACJA.
3. Accused producing a surety/sureties who will enter
a bond in a specified sum:
Based on the discretion of the Court considering the
bail application and depending on the circumstances
of the case, the Court may require an applicant for the

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bail application to produce a surety/sureties. See s.

118 (1) ACJL; S.167 (1) ACJA; S.122 CPL. Such
surety/sureties are to execute a bond in a specified
sum in favour of the State which is an irrevocable
undertaking to forfeit the sum stated in the event that
the applicant jumps bail, unless he shows good reason
why he should not be made to forfeit the sum. See
also Section 184 ACJA.
4. Deposit in lieu of bond:
The Court may suo motu direct an applicant for bail to
deposit money in lieu of entering into a bond. See
s.116 (2) ACJL; S. 165 (2) ACJA; S. 120 CPL. The
applicant could also make such a request and the
Court will consider it especially where the applicant
may find it difficult to get a surety. See s. 347 CPC.
Where such money is deposited, it must be kept in an
interest yielding account or be handed to the Court
registrar. S.136 ACJL; S. 185 ACJA.
Upon the grant of bail by the Court and subsequent
fulfilment of the bail conditions, the Court will
immediately issue a written order of release to the
officer in charge of the prison or such other place of
detention which will facilitate the detainee‟s
immediate release. See s. 171 ACJA; S. 124 ACJL; S.
346 (1) CPCL; S. 129 (1) CPA.

Cancellation of bail already granted:

The law now provides that where bail is granted to a
defendant/accused person and circumstances arise which in
the opinion of the Attorney General of the Federation, a

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Law Officer or a Police Officer would justify the Court in

cancelling the bail, refusing bail or requiring bail of a
greater amount, an application may be brought for its
cancellation. See ss. 169 & 175 ACJA; S. 126 ACJL;

Criteria for suitability as a surety:

1. Person of known place of abode.
2. Person of good character.
3. Person must be acceptable to the Court.

PROVISION FOR BONDSPERSON

There is now the provision for registration of individuals,
corporate bodies or persons to act as bondsperson within
the jurisdiction of the Court where they are registered in
order to ease the burdens of those applying for bail subject
to their meeting the conditions and criteria set by those
bondspersons. See Section 138 (1) ACJL; S. 187 (1) ACJA;
the bondsperson will automatically be employed to meet
the conditions set by the Court for the defendant or accused
person. See Section 187 (5) ACJA; S. 138 (5) ACJL.

REVOCATION OF BAIL
Once the beneficiary of a bail keeps to the term and
conditions of the bail, such exercise of discretion will not
be revoked. Bail may however be revoked in the following
instances:
a) Assuming the applicant was granted bail by the
Police, such bail is automatically revoked upon the
arraignment of the suspect in Court, or otherwise
revoked by the police if the conditions has been

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breached.
b) If the bail was granted by the Court pending trial,
such bail remains until the determination of the case
against the defendant/accused by the Court or the
bail is revoked by the Court for breach of the
conditions.
c) Where the bail was granted by an appellate Court
pending appeal, it remains in force until the
determination of the appeal before it becomes
automatically revoked.
d) Where the surety applies to be discharged and
surrenders the accused the Court will oblige him and
discharge him. The accused will be detained until he
gets another surety. Caleb Ojo & Anor. V. F.R.N
(2006) NWLR (Pt. 984) 103 at 115; S. 177 (1)
ACJA; S.134 CPA; S.351 CPC; S.129 ACJL.
e) Where the accused who is on police bail commits
another offence for which the police cannot grant
bail. Upon being informed of this development by a
superior police officer, the Magistrate shall issue a
warrant for the apprehension of the offender. See
Section 132 (1) CPA; S. 127 (1) ACJL.
f) Where the defendant/accused deliberately fails to
keep to the terms and conditions of the bail after
being released on bail. In such scenario bench
warrant may be issued for his arrest. Section 184
ACJA 2015. Also the bail bond will be forfeited.

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Eligibility of women to stand surety

Every sane person, an adult, a responsible person is eligible
to stand as surety unless such person is disqualified by the
Court so to do based on the circumstances of the case.
Therefore, the discrimination against women is misplaced
and unconstitutional. See Section 42 (1) 1999 Constitution
(as amended).
There is no law in Nigeria prohibiting a woman from
standing as a surety either at the Police Station or in the
Court. The ACJL and ACJA expressly prohibits such
attempt to stop a woman from standing as a surety. See
Section 118 (3) ACJL 2011. See also Section 167 (3)
ACJA 2015.

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CHAPTER EIGHT
CHARGES

OUTCOMES
At the end of the lesson students would be able to:
1. Explain the form and contents of a charge sheet;
2. Explain the prosecutorial authorities-the State, the
State of Lagos, F.R.N, C.O.P and I.G.P
3. Explain and discuss the rules of drafting charges;
4. Explain the effect of breach of each rule.

CONTENTS
5. Form and contents of a charge sheet;
6. Prosecutorial authorities;
7. Rules of drafting charges, viz:
a) The rule against ambiguity
b) The rule against duplicity
c) The rule against mis-joinder of offences
e) The rule against mis-joinder of offenders
8. Effect of breach of each rule
9. How to draft a charge in the various Courts in
Nigeria?

A charge is a document containing the statement and

particulars of offence(s) with which a person is accused and
tried before a Court of law; See Section 2 Criminal
Procedure Law; Section I Criminal Procedure Code Law;
s.494 ACJA, S. 371 ACJL. In the Magistrates' Courts in
the South and the Courts of the Northern States, it is
referred to as a charge, while in the High Court in the South
as an Information; See Section 338 Criminal Procedure

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Law. It is usually drafted by the appropriate authorities,

having power to charge an accused person. In Magistrates'
Courts in the North, it is drafted by the Magistrate. See
Section 160 Criminal Procedure Code Law. In Magistrates'
Courts in the South, a police officer drafts the charge: See
Section 78(b) Criminal Procedure Law, or a law officer:
See Section 211 (1) 1999 Constitution (as amended).
In the High-Court, a law officer or private prosecutor can
sign an Information. See Sections 341 and 343 Criminal
Procedure Law. Note the other officers per force possess
the power to draft the charge. Note that a law officer can
sign his name on an Information without indicating the
Attorney General as the ultimate authority, where the
Attorney General has delegated his powers to the officers
of his department. See Ibrahim v. The State (1986) 1 NWLR
650; and The State v. Okpegboro (1980) 2 N.C.R. 291.

RULES GUIDING THE DRAFTING OF CHARGES

1. Rule against ambiguity
This rule postulates that a charge must be clear enough as
to give the accused person adequate notice of the offence
with which he is charged. Consequently, the rule attaches
itself more particularly on the Count or, each of the Counts
contained in the charge sheet or Information. A good
charge free from ambiguity will reflect, in this order, the
following:
(a) The name of the accused;
(b) Date of commission of the offence
(c) Place of commission of the offence
(d) The description of the offence by the name given to

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the offence by the law creating it where the law

defines the offence; or so much of the particulars of
the offence as will give the accused sufficient notice
of the charge against him; or person against whom
the name of the thing in respect of which the offence
was committed.
(e) The Section of the law under which the accused will
be punished and the law itself.
See Sections 151 and 152(1) Criminal Procedure Law;
Sections 201 and 202 Criminal Procedure Code Law;
Sections 147 and 148 ACJL; Sections 194 and 378 ACJA.
See also Garba v. State (1999) 11 N. W.L.R. (Pt 627) 422.
Note the format of an information. See Section 338
Criminal Procedure Law.

Effect of non-compliance:
As the whole essence of this rule is to give an accused
person notice of the charge against him some errors on the
part of the prosecutor will not essentially invalidate the
charge or lead the Court to set aside any conviction based
on the charge. See Duru v. The Police (1960) L.L.R 130,
Ogbomor v. The State (1985) 1 NWLR 223; Ogbodu v. The
State (1987) 3 S.C. 497. Sugh v. The State (1988) NWLR
475. In the following cases however, the Court held that the
errors in the charges were fundamental. See Clement Isong
v. Attorney General of the Federation. (supra); and Okeke
v. The Police (1965) 2 All NLR 8 1. Generally, the Court
does not regard any omission or errors in the charge as
material except the accused was in fact misled by such
error or omission.

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See Section 166 Criminal Procedure Law; S.222 Criminal

Procedure Code Law; S.220 ACJA; S.158 ACJL.
In Obakpolor v. The State (1991) 1 N.W.L.R, 113 , the
Supreme Court held that objection to a defective charge
should be made immediately after the charge is read over
and explained to accused because pleading to such a charge
is a submission to jurisdiction, if the defect does not
deprive the Court of its jurisdiction.

2. Rule against duplicity

This rule addresses the count in the charge as in the case of
ambiguity. What the rule however forbids is that no count
shall contain more than one offence except in permitted
circumstances dictated by a statute. A charge is therefore
bad for duplicity if it contains more than one offence. See
Section 156 Criminal Procedure Law; S.209 ACJA ; S.152
ACJL. See also Okeke v. The Police 10 W.A.C.A, 363;
Awobotu v. The State (1976) 5 S.C. 49; Adebayo v. The
State (1987) 2 N. W.L.R. 468 (Pt. 57) . An accused must be
charged for each of the offences committed by him
separately on the charge sheet or information.

Exceptions to the Rule:

(a) Where the offences relate to general deficiency of
money, committed over a period of time, the money
misappropriated can be summed together and
contained in a single count. See Section 152(2)
Criminal Procedure Law; Section 203 Criminal
Procedure Code Law; S. 148 (2) ACJA; S.197
ACJA. Note: One can only do this if all of the money

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stolen is owned by one person. See also Domingo

v. R. (1963) 1 All NLR 81, R. v. Aniemeke (1961) 1
All N. L.R. 43; R. v. Nwankwo (1962) All N. L.R. 64.
(b) Adoption of the statutory forms See Section 150 and
463 Criminal Procedure Law; Section 200 Criminal
Procedure Code Law; Section 146 ACJL; Sections
193 and 377 ACJA. Some of the Forms allow for the
joining of two offences together i.e. offence of
housebreaking, burglary can be joined with that of
stealing where a person entered into a dwelling house
unlawfully and stole there. See Willie John v. The
State (1967) NMLR 101; Humbe v. The State (1974)
N.NLR44 (in respect of the Form in the Appendix to
the Criminal Procedure Code Laws as to culpable
homicide).
(c) Offences defined in the alternative can be contained
alternatively, in a single count. For example, see
Sections 356(2) and 406 C.C. Note: It is also
permissible to include in a count all the other acts
allegedly done by an accused person as manifestation
of his intention to commit treason or treasonable
felony. See: R. v. Omisade (1964) All NLR 233.
Note also that when an accused commits identical offences
in a single transaction, e.g. against several persons at the
same time, this can be stated in a single count.
See: The Police v. Oyewusi (1957) W.NLR 87.

Effect of duplicity
A charge that is bad for duplicity does not necessarily
invalidate the charge or the trial except it has occasioned a

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miscarriage of justice. See Awobotu v. The State (1976) 5

S.C. 49.

3. Rule against misjoinder of offenders

This rule forbids joining offenders together in a cause or
matter before the Court. Thus, generally, only an accused
should be charged in the charge sheet, for the offence(s)
committed by him. There are instances however in which it
is permissible to join and try more than one accused person
together. see Sections 155 CPL; 221 CPCL;151 ACJL;208
ACJA provide the exceptions:
(a) When more persons than one are accused of the same
offence, they may be charged and tried together. See
Sections 7, 8 and 9 of the Criminal Code for
instances in which more persons than one can be said
to have committed the same offence(s). See Okojie
v. The Police (1961) W.NLR 91.
(b) When more than one person commits different
offences in the course of the same transaction, they
may be charged and tried together. For the
circumstances in which persons can be said to have
committed different offences in the course of the same
transaction, see Haruna and 40 others v. The State
(1972) All NLR 738. In that case, some people reached
an agreement in Lagos to obtain payment in Bida for
fictitious purchases by means of forged vouchers. One
of the accused submitted the first payment voucher in
Bida and received a cheque for the amount stated
therein. It was held that all the accused were properly
tried and convicted in Bida. The Court held that all the

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acts in question should from the very beginning be

either in contemplation or should form component
parts of a whole. Bearing in mind the original
agreement in Lagos and the elaborate arrangements
made for the overt acts which followed at Bida, the
conspiracy was hatched and the overt acts were done
undoubtedly in the course of the same transaction and
it was therefore right and proper to charge and try all
the accused together. In considering same transaction,
the test must always be, do these acts considered
together portray any continuity of purpose?
(c) When a person is accused of committing an offence
and another of abetting or being accessory to or for
attempting to commit such offence, the two of them
may be charged together.
(d) When a person is accused of any offence of Theft,
Criminal Misappropriation, Criminal breach of Trust
and another of receiving or retaining or assisting in
the disposal or concealment of the subject matter of
such offence, they may be charged and tried together.

4. Rule against misjoinder of offences:

Generally, every distinct offence with which any person is
accused shall be charged separately. There are exceptions
to this rule. See Sections 157 - 161 of the Criminal
Procedure Law and Sections 213 - 216 Criminal Procedure
Code Law; Sections 209-215 ACJA; Sections 153 ACJL.
Note: Interpretation of Section 158 Criminal Procedure
Law by the Courts and its criticism thereof.
What is meant by "Offence of a Similar Character?

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In Marsh v. The Queen (1986) 83 CR App. Rep. 165 the

Court held that both the law and the facts have been and
should be taken into account in deciding whether offences
are similar or dissimilar in character. See also Lord
Pearson in Ludlow v. The Metropolitan Police
Commissioner 54 Cr. App. Rep. 241.
There must also exist a series of such offences and in this
regard, nexus is a feature of similarity which in all
circumstances of the case enables the offences to be
described as a series. Establishing the similarity is not
enough but sufficient nexus should be shown to make them
a series.

AMENDMENT OF CHARGES
A charge may be amended any time before judgment. See
Section 155 (1) ACJL; Section 216 (1) ACJA; Section 163
Criminal Procedure Law; Section 208 (1) Criminal
Procedure Code Law.
Who has the authority to amend?
(a) The person who drafted the charge: The law permits
the person who drafted the charge to alter the charge
upon discovery of any error or in a bid to adding more
counts to the existing ones. Note that in the South, the
Police or the Law Officer as the case may be, is
authorised to charge any person before a Court and
may therefore amend such charge. See Sections 78 (b)
and 162 Criminal Procedure Law. See also The State
v. Chief Magistrate Mbaise Experte Onukwe (1978) 1
L.RN. 316. Note that if the amendment is after the
commencement of the. Trial, it has to be by the leave
of the Court.
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(b) The Court can also amend a charge upon which an

accused is tried before it. In the North, the Magistrate
essentially frames the charge and reserves the right to
alter it or frame a new one just as the prosecutor in the
South. See Sections 207 and 208 of the Criminal
Procedure Code. In the South, the Court can equally
amend the charge at any time before judgment. Note
however that the amendment by the Court must be
sustainable under the imperfect charge. The new
charge should merely continue the life of the original
charge. It must bear the same charge number and be
against the same accused person(s). It cannot be an
independent separate charge, co-existing with the
original charge. See State v Chief Magistrate Mbashi.
(supra). See also Okwechime v. The Police (1956)-1
F.S.C. 73
Note: the Court should not permit the amendment of a
charge if it will cause injustice to the accused . R.
v. Jennings 33 Criminal App. Rep. 143.

Failure to amend a defective charge:

(1) The effect of failure on the part of the prosecutor to
amend a defective charge depends on the nature of the
defect. There are some defects which the law regards as
substantial and upon which conviction cannot be made. In
such cases, the appellate Court will set aside a conviction
based on a charge that is fundamentally defective, except
before judgment there was amendment. See Okeke v. The
Police (supra). See also Dr. Clement Isong v. The A.G.
Federation (supra). For example, where the information

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refers to a repealed enactment and there is no similar

offence known to the law, the error would be regarded as
material and fundamental and will undoubtedly mislead the
accused. See R. v. Osunremi (1961) 1 All NLR 467. In such
a case there should be amendment of the charge before
judgment. If not, the trial will be vitiated.
On the other hand, some defects are regarded as minor by
the Courts. Such defects are incapable of misleading the
accused person and failure to amend such charges are
usually overlooked by the Courts. The law distinguishes
between omissions or errors which are trivial and
immaterial and will not vitiate a trial, and those which are
material and will vitiate a trial. A conviction founded upon
a defective charge under the former category stand because
the dictate of justice does not permit the acquittal of an
otherwise guilty accused person upon fanciful errors
contained in the charge. See Ogbomor v. The State (1985) 1
NWLR 223 (Pt. 2). See Duru v. The Police (1960) L.L.R.
130; Ogbodu v. The State (1987) 3 S. C. 497.

Procedure after amendment:

(a) The new charge shall be read and explained to the
accused person and he shall be asked to plead to the
charge. See Sections 163 and 164 Criminal Procedure
Law; Section 208(2) Criminal Procedure Code Law;
Sections 156 & 157 ACJL; Sections 217, 218 & 219
ACJA. See also Youngman v. The police (1959)
4F.S.C. 283; Okosun v. The State (1978) 2L.R.N.,314;
Okegbu v. The State (1981) 2 P.S.L.R. 14; Note that
where a trial before a Magistrate Court was as a result

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of the accused's election to be tried by the Magistrate

Court, apart from a fresh plea, his consent should also
be sought afresh as to whether he still intends to be
tried by the Magistrate Court. See Youngman v. The
Police (supra); Jones v. The Police 5 F S.C. 38.
(b) The Court shall ask the accused whether he is ready to
be tried on such charge. See Section 164 (1) Criminal
Procedure Law; 156 (2) ACJL.
Note: This provision is not contained in the Criminal
Procedure Code Law.
(c) Either the accused or the prosecutor shall be given
adjournment or a new trial order if to proceed
immediately with the trial shall prejudice the accused
in his defence or the prosecutor in the conduct of his
case. See Section 164(2), (3) Criminal Procedure Law;
Sections 209 and 210 Criminal Procedure Code Law;
Section 218 ACJA; Section 156 (2) ACJL.
(d) The Court shall endorse a note to order for amendment
on the charge. See Section 164(4) Criminal Procedure
Law; Section 218 (2) ACJA; Section 156(4) ACJL.
(e) The prosecutor and the accused shall be allowed to
recall or re-summon any witness who may have been
examined and examine or cross-examine such with
reference to such amendment. See Section 165
Criminal Procedure Law; Section 211 Criminal
Procedure Code Law; Section 157 ACJL; Section 219
ACJA. Note where the accused is unrepresented by
counsel, the Court must specifically inform him of this
right. If he is represented, the Court is not obliged to
inform him. See Shoaga v. R (1952) 14 W.A.C.A.22.

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Contrast Fayiga v. The Police (1973):5 C.C.H.C.H35

Osuolale v. The State (1991) (158 NWLR (Pt. 212)
770.
Effect of failure to comply with procedure after
amendment:
Failure to comply with the statutory requirements renders
the trial null, void and of no effect. The appeal Court, on
appeal against conviction will set the conviction aside.
However, where there are sufficient or overwhelming
evidence at the trial, the appellate Court may order a retrial.
See also Echeazu v. The C.O.P (1974}2 S.C. 55.

QUESTION 1
CHARGES
On April 2, 2015 Dammy Bassey left his Honda Accord car
with registration No. OBJ 404 GEJ with a mechanic, Bosun
Takua of No. 10, Pipeline Road, Abuja for repair.
Without the knowledge of the car owner Bosun Takua who
had no driver‟s licence, drove the car towards Apo
Mechanic Village, Abuja to purchase some spare parts. On
the way, he saw some Vehicles Inspection
Officers (V.I.O) checking vehicle particulars and hurriedly
diverted towards Garki Area, Abuja. Out of panic, he
knocked down a pedestrian with two babies (Hajia Talim,
Baby Hope and Thankgod) and they died on the spot.
Bosun Takua was immediately arrested by the Police and
while investigating his case, they discovered that Bosun
Takua was on the Police of wanted persons for stealing one
Volvo car with registration No. EN 333 SUB belonging to
Chris Bolaji of No. 4 Holy Ghost Street, Enugu sometime

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in January 2015. The car had been recovered from his

premises at Lugbe, Abuja. The Honourable Attorney
General of the Federation and Minister of Justice has
decided to charge Bosun Takua to court.
Draft the charge.

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CHAPTER NINE
TRIAL 1

OUTCOMES
At the end of this lesson, students would be able to
1. Explain the duties of a prosecuting counsel in a
criminal trial
2. Explain the duties of a defence counsel
3. Explain the role of the presiding judge.
4. Discuss the constitutional and statutory provisions
safeguarding the rights of an accused person in a
criminal trial.
5. Discuss the limits of those rights.
6. Explain sittings of the Court
7. Explain publicity of criminal trials
8. Explain and conduct a valid arraignment
9. Explain the options open to an accused person on
arraignment.

CONTENTS
1. Duties of prosecuting counsel
2. Duties of Defense counsel
3. Role of presiding judge
4. Constitutional safeguards to ensure a fair trial of an
accused
5. Sittings of the court
6. Publicity of criminal trials
7. Presence of parties in a criminal trial
8. Arraignment
9. Options open to an accused person on arraignment

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9.0 DUTY OF COUNSEL AND COURT IN

CRIMINAL TRIALS.
9.1 Duty of Prosecuting Counsel:
(a) He is to be fair and impartial. His interest
primarily is to present the facts as they are, to see
that justice is done and not to secure a conviction.
Thus it is not proper for a prosecuting counsel to
insist on the maximum punishment being imposed
on the accused person. See Enahoro v. The State
(1965) 1 All NLR 125. In R. v. Sugarman (1936) 25
Cr. App. R. 109, the Criminal Appeal Court said "the
business of the state counsel is fairly and impartially
to exhibit all the facts to the jury. The crown has no
interest in procuring a conviction but that the right
person be convicted. Where a counsel refuses to rely
on the real strength of his case and thinks he can
strengthen it by things collateral in a manner
contrary to the law, he only weakens his case and
may prevent a verdict which ought to be obtained".
In this case, questions were put to the accused on
cross examination to show that he received other
stolen goods not in issue and no evidence was
adduced. The appellate Court quashed the
conviction on this ground.
(b) He shall not withhold the existence of any
adverse decision on a point of law favourable to
the accused.
In Anani v. R (1951) 13 W.A.C.A. 196 the Court
held that a counsel can do any of the following
where an adverse decision exists: (a) if the previous

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decision is by a lower Court he may invite the

Court to overrule it, (b) if by a Court of coordinate
jurisdiction, it is open to him to distinguish the
previous decision. In the case counsel insisted on a
submission which he had personally made in a
previous case and had been rejected. He did not
refer to the existence of the previous authority.
(c) Duty to make available to the accused person
evidence favourable to him. See The State v.
Odofin Bello (1967) NMLR 1. See generally Rule
37(6) of the Rules of Professional Conduct 2007.

Duty of Defense Counsel:

(a) He has a duty not to return the brief of person
charged with a capital offence. See R. v. Uzorukwu
(1958) 3 FSC 14 and he shall also undertake the
defence of an accused not withstanding his personal
opinion on the guilt of the accused person so that
innocent persons are not convicted without having
the benefit of the available defence to them by the
law. See Rule 37(1)(2) of the Rules of Professional
Conduct 2007
(b) He must undertake the defence of a person
charged with an offence - particularly a capital
offence with reasonable skill and attention.
In Sunday Udofia v. State (1984) ANLR 444, the
accused was charged with murder - matricide.
During the trial, the counsel assigned to defend him
was absent on seven occasions - during the
presentation of the prosecution's case and on three

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occasions during the presentation of the defence. He

neither cross-examined the prosecution witnesses
nor extracted any evidence from the appellant. The
case was later assigned to another counsel. Worse
still, the counsel simply rested his case on that of the
prosecution. The appellant was convicted. But the
Supreme Court ordered a retrial. This is what Justice
Oputa (JSC) said at p. 539:
In every culture, the crime of matricide is
shocking, revolting and a bit unnatural. Normal
people do not go about killing their own mothers.
Was the appellant insane? Why did he commit
such a heinous and unnatural crime?
What were his reasons if he was capable of
reasoning? These are some of the compelling
questions which should normally and naturally
suggest themselves to the average lawyer called
upon to handle the defence in a case like
this. Unfortunately, the counsel did none of
these things.
Note also it is not ideal nor professional for the defence
counsel moreso in a murder case to threaten withdrawal
simply because he does not know who will pay his fees.
In Udo v. The State (1988) 3 NWLR (pt. 82) 316, the
counsel assigned to the accused threatened withdrawal
from the case. He was unsure of who would pay his fees.
But to worsen matters, when he was asked to address the
Court, he simply said he would leave the matter to the
Court. But much within expectation, the Supreme Court
strongly rebuked this attitude. The Court felt such

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conduct was unbecoming of a gentleman at the Bar and it

was even honour in itself to be invited by the State to
defend an accused person (See Kayode Eso (JSC) is
opinion in that case).

Duty of the presiding Judge:

A judge sitting over a Criminal case should always
appreciate that he is an umpire and as such should never
enter into the arena of conflict - so that he does not have a
befogged vision of the case. The law allows a judge, to
put questions to the witnesses or even call witnesses. But
they must be directed towards a purpose. It must be for
the just determination of the case. Section 246 Evidence
Act 2011. For the accused is always presumed innocent
until proved guilty subject only to permitted
circumstances. Section 36(5) 1999 Constitution.; Section
135 (1) Evidence Act 2011. The cumulative effect of the
foregoing is that a judge must also bear in mind the need
to allow the accused enjoy the benefit of any doubt as to
his guilt where it exists. He should not take over the
prosecution of the case from the prosecution. He must not
become a "Hippy Harliet". He must not talk too much. In
Uso v. The Police (1972) 11 S.C. 37; Okoruwa v. The
State [1975] ANLR 262 The trial Magistrate and judge
respectively talked too much; they took over the
prosecution of the cases; asked damaging questions from
the accused and relied on the evidence there from in
convicting the accused persons. The Supreme Court held
that those convictions could not stand because the judges
became inquisitors; they did not allow the prosecutions to

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prove the guilt of the accused beyond reasonable doubt.

Since this was fundamental, the accused persons were
discharged and acquitted. See also Onuoha v. The State
(1989) 2 N.W.L.R (Pt. 101) 23; Ayub-Khan v. The State
(1991) 2 N.W.L.R (pt. 172). 127

9.2 CONSTITUTIONAL SAFEGUARDS TO ENSURE

A FAIR TRIAL OF THE ACCUSED OR
DEFENDANT

(1) Right to Counsel:

Right of the accused person to defend himself in
person or by a legal practitioner of his choice:
Section 36(6)(c) of the 1999 Constitution. Note:
Sections 2 and 23 Legal Practitioner's Act 1975 for
the definition of a Legal Practitioner must be one
who is not under disability of whatever nature under
the existing law, rules or regulations of the
Government. See Awolowo and Ors v. Usman Sarki
and Ors (1962) L.L.R. 177. In Registered Trustees,
ECWA Church v. Ijesha (1999) 13 NWLR (Pt. 635)
368 it was held that a counsel who is not qualified to
apply for a process in the inferior Court or
disqualified from appearing in such a Court cannot
be briefed to appear in that Court. Therefore, the
Senior Advocates of Nigeria (Privileges and
Functions) Rules excluding a SAN from right of
audience in the inferior Court (Area Courts
inclusive) by the combined interpretation of Rules 2
and 3 against the background of Rules 4 and 6 of
the Rules, is a clear qualification to Section 33(6) (c)
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of the 1979 Constitution and that such exclusion

does not in any way negate the fair hearing
enshrined in the constitution. It has been held by the
Supreme Court that any provision which forbids
lawyers to represent an accused in a Court of law is
null and void - being inconsistent with the
Constitution. See Section 390 Criminal Procedure
Code Law; Section 28 Area Court Edict, 1967; R. v.
Uzodima (1982) 1 N.C.R. 27. Where the accused is
brought before the Court without representation, the
Court must inform him that he has a right to be
represented by a counsel. Such rights are not
waivable. See Ariori v: Elemo (1983) S.C.NLR 1.
See Okon v. The State (1995) 1 SCNJ. 174
and Ogboh v. Federal Republic of Nigeria (2002)
10 N.W.L.R (Pt. 744) 21

(2) I nformation of Crime Committed:

Right to be informed promptly in the language he
understands in detail, of the nature of the offence.
The information must be given to the accused prior
to the trial, at the time of arrest or at the beginning
of the trial when he is arraigned. Section 36(6)( a)
1999 Constitution.. Note however that where an
accused is charged for an offence, he may be
convicted of a lesser offence where the facts proved
cannot earn him a conviction on the offence
charged. He needs not be informed of the lesser
offence. He is deemed to have had notice of it
because he had notice of the greater offence for
which he was charged. This is the case of
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Nwachukwu v. The State (1985) 2 NWLR 27. See

also Maja v. The State (1980) -1 N.C.R. 212.
The effect of the foregoing principle is that it is no
violation of the fundamental human rights not to
inform the accused of lesser offence for which he is
convicted if he is informed of a graver offence. See
Uguru v. State [2002] 4 S.C.N.J. 282 .

(3) Provision of I nterpreter:

An accused person is entitled to an interpreter
without payment of any fees. Section 36(6)( e)
Constitution of the Federal Republic of
Nigeria 1999. Thus where interpreters used in the
trial were found to be incompetent to interpret
satisfactorily, the convictions of the accused persons
were set aside by the Supreme Court.
See Ajayi and Ano. v. Zaria N.A. (1963) 1 All NLR
169. See also Queen v. Eguabor 1962 1 ALL NLR
287. The accused should however notify the Court
that he needs an interpreter. See Gwonto v. The State
(1983) 3 S.C 67. Madu v. The State (1997) 1 SCNJ
44.

(4) Time to prepare for trial:

The accused must be given adequate time and
facilities to prepare for his defences. 36(6)(b)
Constitution of the Federal Republic of Nigeria
1999. In this area, the Court should grant
adjournment to the accused person, either to obtain
the service of a counsel where necessary or call a
witness that will be material to his case. The
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Supreme Court held in Udo v. The State (1988) 3

NWLR (pt. 82) 316, that a trial judge must grant
adjournment in a murder charge once the defence
counsel is absent at the hearing for the right of the
accused person to fair hearing is not only statutory
but constitutional. Where a witness is absent and an
adjournment is sought, it has been held that the
accused should normally satisfy the Court that: (a)
the witness is material to his case (b) he, the
defendant, has not been guilty of neglect in
procuring the witness to attend and; (c) there is a
reasonable expectation that he can procure his
attendant for a certain date. Yanor and Another v.
The State (1965) 1 All NLR 193; see however the
case of Omega v. The State (1964) 1 All N. L. R. 3
79. Where a counsel is absent (and the offence is not
a capital offence) and there is no reasonable
explanation for his absence, a Court may properly
refuse an adjournment (Shemfe v. Police 1962 I ALL
NLR 811. contrast this case with Gokpa v. The
C.O.P. (1961) ALL NLR 424.

(5) E xamination of prosecution witnesses:

Right to examine witnesses called by the
prosecution: Section 36(6)(d) Constitution of the
Federal Republic of Nigeria 1999. Where therefore a
trial Court did not allow the accused to cross
examine each prosecution witness as they gave
evidence, but merely asked the witnesses several
questions, the Supreme Court held that the Court

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was in breach of Section 36(6)(d):Tulu v. Bauchi N.

A. (I965). NMLR 343). In Idirisu v. The State, (1968)
NMLR 88, the counsel for the accused applied that a
medical officer who made a report which had been
received in evidence in a charge of culpable
homicide be called as a witness. The Court rejected
the application on the ground that the interest of
justice would not be served by an adjournment of
the case to enable the doctor be called as a witness.
The Supreme Court, inter alia, held that when a
request is made by an accused person for the maker
of a statement such as is now in point to be called as
a witness, such application should not be lightly
refused.

(6) Right to F air hearing:

Right to fair hearing: Section 36(4) Constitution of
the Federal Republic of Nigeria 1999. This right is
better explained in the two traditional maxim i.e. (a)
audi alteram partem (the other party must be heard)
R. v. The University of Cambridge (1723) Section
128. (b) nemo judex in causa sua (a person shall not
be a judge in his own case); in which case, there
must be freedom from bias. Garba and others v.
The University of Maiduguri (1986) 2 S.C. 128. In
determining whether or not there is likelihood of
bias, it has been laid down that the test is that of a
right thinking member of the society. If the
circumstances are such that a right thinking member
will go away saying that the judge is biased then he

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should not sit, if he does, the decision cannot be

upheld although in fact, he is not biased.

7) Presumption of I nnocence:
The accused is always presumed innocent until his
guilt is proved beyond reasonable doubt by the
prosecution: Section 36(5) Constitution of the
Federal Republic of Nigeria 1999. There are
however exceptions to this general rule under
Section 139 (3)(c) Evidence Act in respect of
insanity or facts within the knowledge of the
accused person. For the implications of not giving
effect to this presumption by the Court, see the
following cases : Uso v. The Police (1972) 11 S.C
37; Okoro v. The State (1988) NWLR (Pt. 74) 255
Eyu v. The State (1988) 2 NWLR 602 (Pt. 78)

8) Offence must be known to law:

The accused person can only be convicted of an
offence defined in a written law and the punishment
thereby prescribed. Section 36(12) Constitution of
the Federal Republic of Nigeria 1999. In Aoko v.
Fagbemi (1963) 1 All NLR 400, the conviction of an
accused was set aside because the offence for which
he was found guilty - adultery is not an offence
under the Criminal Code. Also, in Attorney- General
of the Federation v. Dr Clement Isong (1986) 1
Q.L.R.N. 86, the Supreme Court held inter alia that
the accused could not be convicted for an offence
for which there was no punishment. Chief Olabode

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George v. F.R.N (2004) 2 NWLR 37; Ifegwu v.

F.R.N (2003) 8 NJSC 36, Jacob Amadi v. FRN
(2010) 5 NWLR (Pt. 1186) 87

(9) Right to silence:

The accused must not be compelled to give evidence
at his trial. Section 36 (11) Constitution of the
Federal Republic of Nigeria 1999. This right is also
protected by the Evidence Act under Section 180(a).
By Section 181 Evidence Act 2011, the Court,
prosecution or any other party to the proceedings
may comment on the failure of the accused to give
evidence in the case against him but the comment
shall not suggest that the failure to do so is because
the accused is guilty. See also Section 236 (1)
Criminal Procedure Code Law. See Osarodion
Okoro v. The State (1988) 3 NSCC. 275

10) One trial only for an offence:

No person shall be tried twice for the same offence-
Section 36 (9)1999 Constitution. This right enables
the accused to raise the plea of autrefois acquit or
convict so as to avoid double jeopardy under Section
221 Criminal Procedure Law, S.238 Administration
of Criminal Justice Act 2015. See also Nafiu Rabiu
v. The State (1980) 2 N.C.R. 117; (1980) 8 -11 S.C.
130. Also, where a person has been pardoned for a
criminal offence he shall not again be tried for that
offence. Section 36(10) Constitution of the Federal
Republic of Nigeria 1999. Note however, Sections

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239 and 240 of the Administration of Criminal

Justice Act 2015.

(11) Publicity of trial:

Proceedings are to be held in public except under
certain situations in which they may be held in
private. See Section 36(4) Constitution of the
Federal Republic of Nigeria 1999. Note that
proceedings relating to Juveniles are also to be held
in private not public. See Section 6(5) Children and
Young Persons Law of Lagos State 1994; Sections
203 and 204 Criminal Procedure Law.

9.3 GENERAL NOTES ON CRIMINAL TRIALS

A. Sitting of the Court
Section 40 (1) Magistrate Court Law (Lagos State) 2009
provides: "The Court shall be opened throughout the year
except on Saturdays , Sundays and public holidays…".
Section 40(2) provides that notwithstanding Section
40(1) at least one Court in every magisterial district shall
be open and available for business on any given Saturday
for the hearing of matters relating to remand, bail and
other non- custodial disposition. Generally in practice
however, Court usually sits from Monday to Friday.
Where proceedings are held on Sunday and public
holiday - which are dies non juridicus - such proceedings
are invalid, null and void. Where parties however request
the Magistrate or a judge to sit on a non-juridical day, the
proceedings will be valid. In Ososami v. The COP 14
WA.C.A. 24, the Magistrate pointed it out to the parties

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that the day to which the case was adjourned was a public
holiday. The appellant urged the Magistrate to take the
evidence of his witness because it might be difficult to
procure him another time. The Magistrate convicted the
appellant. He appealed on the basis that the Magistrate
sat on a holiday. It was held that although there was
irregularity, since it was done in the interest of the
defence and at its request, no miscarriage of justice could
be said to have been occasioned, the irregularity
notwithstanding.

(B) Publicity of Criminal trial

Section 36(4) 1999 Constitution requires Criminal
proceedings to be held in public. See also Section 203
Criminal Procedure Act, and Section 225(1) Criminal
Procedure Code, Section 200 ACJL; Section 259(1)
ACJA.
There are exceptions to this general requirement and in
certain circumstances, the place of proceedings may not
be open to the public:
(a) Where the statute expressly requires it e.g. Section
13(1) Recovery of Public Property Special
Military Tribunal Decree 1984.
(b) The public may be excluded on grounds of public
policy, public decency or expediency. See Section
203(c) Criminal Procedure Law ; Section 225(2)
Criminal Procedure Code, Section 201 ACJL,
Section 259(2) ACJA
(c) Where the evidence of a person who has not
attained the age of 17 years is to be heard in

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relation to offence against morality. Sections

205(2) Criminal Procedure Law; 202 ACJL, 260
ACJA.
(d) The Public may also be excluded in the interest of
public safety, defence, public order, public
morality, the welfare of person who has not
attained the age of 18 years or for any other special
reason in which publicity will be contrary to the
interest of justice. See proviso to Section 36 (4)
C.F R.N. 1999; Section 259 ACJA
(e) Proceedings or any part thereof may be held in
private where the Minister satisfies the Court that
it will not be in the interest of the Public for any
matter to be publicly disclosed.

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CHAPTER TEN
ATTENDANCE OF PARTIES AND ARRAIGNMENT

OUTCOMES
At the end of the lesson students would be able to:
1. Explain what is the legal effect where:
a. The accused person is absent at his trial
b. Where the complainant is absent
c. Where both the accused and the complainant
are absent
d. Where a material witness is absent
e. Counsel to the accused is absent
2. Explain the duties and roles of Registrar, Judge and
Counsel in criminal trials
3. Conduct a valid arraignment
4. Explain the various options open to an accused person
on arraignment
5. Explain the meaning and procedure for plea
bargaining

CONTENTS
1. Attendance of the accused in Court
2. Attendance and duties of counsel in Court
3. Attendance of the complainant in Court
4. Attendance of vital witnesses in Court.
5. Roles and duties of Registrars and Judges in a
criminal Court
6. Arraignment
7. Options open to an accused person on arraignment.

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8. Meaning and procedure of plea bargaining, (Note

Sections 270 ACJA, 2015; 75 & 76 ACJL, Lagos,
2011)

Presence of parties:
ACCUSED
He must be present in Court throughout the whole
proceedings, Section 210 Criminal Procedure Law; Section
153 Criminal Procedure Code, Section 208 ACJL, Section
266 ACJA. Trial in absentia is a procedure unknown to our
law Adeoye v.S State (1999) 6 N. W.L.R. (Pt. 605) 74. This
presence may be dispensed with if he misconducts himself
by so interrupting the proceedings or otherwise as to render
their continuance in his presence impracticable. Section
100 Criminal Procedure Law provides another exception,
to the presence of the accused where the offence in respect
of which a summons issued carries a penalty not
exceeding ₦100.00 or imprisonment not exceeding 6
months. If the accused pleads guilty in writing or appears
and so pleads by a legal practitioner. See also Section
154(2) Criminal Procedure Code. Under Section 135
ACJA, the fine should not exceed ₦10,000.00 or
imprisonment for a term not exceeding 6 months or both.
Under Section 230(2) Criminal Procedure Law, the Court
can also dispense with the presence of the accused if he is
of unsound mind. See Lawrence v. The King (1933) A.C.
699. Here the appeal was allowed when a Magistrate
altered the sentence without the appellant in Court. Where
the accused does not appear in Court without being excused
under Section 100 Criminal Procedure Law or Section

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154(2) Criminal Procedure Code, the Court may issue a

bench warrant for his arrest and subsequently commit him
to prison. See Section 281 Criminal Procedure Law, 235
ACJL.

The complainant
Where the complainant has due notice of the time and place
of hearing and does not appear in Court, the Court shall
dismiss the complaint unless the Court receives reasonable
excuse for the absence in which case, it can adjourn.
Section 280 Criminal Procedure Law, Section 165 Criminal
Procedure Code, Section 351 ACJA, Section 232 ACJL.

Commencement of trial
The accused shall appear or be brought before the Court,
and the charge shall be read and explained to him to the
satisfaction of the Court by the registrar. He shall thereafter
be asked to plead to the charge. See Section 187(1)
Criminal Procedure Code. and Section 215 Criminal
Procedure Law, Section 211 ACJL, Section 271 ACJA.
This is called Arraignment. See Kajubo v. The State (1988)
1. NWLR 72 (Pt. 73). Ogunye v. State (1999) 5 NWLR (Pt.
604) 548; Kalu v. State (1998) 13 NWLR (Pt. 583, 531) See
also Yahaya v. The State (2002) FWLR (pt. 93) P. 2044

OPTIONS OPEN TO AN ACCUSED:

(a) Preliminary objection
He may raise a preliminary objection to the
jurisdiction of the Court to try him or to a defect in the
charge. His objection shall be duly considered and if

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upheld, he shall be discharged. However,

if overruled, then he shall be asked to plead.

(b) Refusal to plead:

He may refuse to plead to the charge. He shall
thereafter be asked by the Court for his
reasons. Where the Court is of the view that those
reasons are not valid and the accused still refuses to
plead, a plea of not guilty" shall be entered on his
behalf and the trial shall proceed. See Gaji v. The
State (1975) 5 S.C. 60. See also Section 220 Criminal
Procedure Law and Section 188 Criminal Procedure
Code, Section 276 ACJA, Section 215 ACJA.

(c) Stand mute:

He may stand mute and the Court shall call evidence
to determine whether his muteness is of malice or due
to the visitation of God. If the Court finds that his
muteness is of malice, a plea of not guilty shall be
entered and the trial shall proceed. See Yesufu v. The
State (1972) 12 S.C. 143, and The State v. Sawyer
C.C.H.C.H/4/73 at page 11. However, if his muteness
is of the visitation of God (e.g. insanity) the trial shall
not proceed and the accused shall be ordered to be
detained until the pleasure of the Governor is known.
See R. v. Ogor (1961) 1 All NLR 70. Where the
accused is found to be deaf and or dumb, the Court
shall further take evidence to determine whether the
accused can be made to understand and follow the
proceedings. If so, trial shall proceed; if not, the
accused shall be remanded in custody or released on
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bail until the visitation is over, or until the Governor's

pleasure is known.

(d) Plea of guilty:

The accused may plead guilty to the charge. Such a
plea of guilty shall be recorded by the Court as nearly
as possible in the words used by the accused. If the
Court is satisfied that by the plea, the accused intends
to admit the truth of the essentials of the offence, it
may proceed to convict him on the plea. See Section
215 Criminal Procedure Law, Sections 187 and 161(3)
Criminal Procedure Code, Section 274 ACJA, Section
213 ACJL. See also Aremu v. The COP (1980) 2
N.C.R. 315; Ahmed v. The C.O.P(1971) N.
M.L.R..409; Osuji v. The Police (1965) L.L.R. 143;
Garkida v. The Police (1964) NMLR 103.

Effect of plea of guilty:

The plea of the accused must not be ambiguous,
otherwise the Court shall not convict upon it. See
Onuoha v. The Police (1956) NNLR 96.
Facts stated by the prosecution must support the
charge to which the accused has pleaded guilty otherwise
the Court shall not convict. See Abele v. Tiv N. A. (1965)
NNLR 425.
Where the plea of guilty is inconsistent with any
statement made by the accused either to the police or in
Court, he shall not be convicted on his plea: See R.
v. The Middlesex Justice Exparte Rubens (1970) 54 Cr.
App. Rep. 183:

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Where the offence to which the accused has pleaded

can only be proved by expert evidence, such evidence
must be tendered before he can be convicted on his plea.
See Stevenson v. The Police (1966) 2 All NLR 261; See
also Ishola v. The State (1969) NMLR 259. Note: Essien
v. The King 13 W.A.C.A 6.

Where the offence charged is a capital offence, a

plea of not guilty shall be recorded notwithstanding a
plea of guilty by the accused. See Sanmabo v. The State
(1967) N.M.L.R 314; Section 213 (3) ACJL, Section
274(3) ACJA. See also Section 187(2) Criminal
Procedure Code. A plea of guilty may be withdrawn
with the leave of Court at any time before conviction but
not after. See R. v. The Guest (1964) (3) All E.R. 385 Or
(1964) 1 W.L.R. 1273 .
The accused may plead not guilty to the offence charged
but guilty to another offence. Where the Court can
convict of the other offence, it may with the consent of
the prosecution accept this plea and may proceed to
convict the accused on it. If the Court rejects the plea and
proceeds to try the accused on the charge against him, but
found him not guilty of that charge, it cannot convict him
of that charge to which he has pleaded guilty. See R. v.
Kelly (1965) 9 Cr. App. Rep. 352. Note: Wilson v. R.
(1959) 4 F.S.C. 175. (See also B of C and E v. Hassan
(1978) L.R.N. 56).

(e) Plea of not guilty:

The accused may make a plea of not guilty. in which

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case he shall be deemed to have put himself upon his

trial. See Section 217 Criminal Procedure Law,
Section 188 Criminal Procedure Code, Section 212
ACJL, Section 273 ACJA.

(f) Plea of not guilty by reason of insanity:

The accused may plead not guilty by reason of
insanity and the Court shall proceed with trial and
determine:
(a) whether the accused did commit the offence;
and
(b) whether he was insane at the time of committing
the offence. If the accused is found not to have
committed the offence, he shall be discharged
and the Court shall not decide the issue of
insanity.
If he is found to have committed the offence and to be
insane at the time of committing it, he shall be
remanded in prison custody until the Governor's
pleasure is known. See R. v. Ogor (1961) 1 All NLR
70.

(g) Plea of autrefois acquit or autrefois convict:

The accused may make a special plea of autrefois
acquit or autrefois convict which has been provided
for in Section 36(9) of the Constitution, that: "No
person who shows that he has been tried by a
competent Court for a Criminal offence and either
convicted or acquitted shall again be tried for that
offence or for a criminal offence having the same

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ingredients as that offence, save upon the order of a

superior Court". See also Sections 221, 181 Criminal
Procedure Law, 223 Criminal Procedure Code, 277
ACJA, and 216 ACJL. This issue of this special plea
shall be tried by the Court and if found proved, the
accused shall be discharged. If found not proved, the
accused shall be asked to enter a plea and the Court
shall proceed with the trial. The doctrine of autrefois
acquit or autrefois convict applies whether the
previous acquittal or conviction is by a local Court or
foreign Court. See Treacy v. The Director of Public
Prosecution (DPP) 55 Cr. App. Rep. 113 . However,
where an accused was absent and takes no part
whatsoever in the foreign proceedings and he does not
run the risk of prison or fine, nor exposed to any true
danger or evil or jeopardy in respect of the foreign
conviction, he cannot succeed on the plea of autrefois
convict. See Keith Williams v. The Queen (1984) Cr.
App. Rep. 200.

Elements of the special plea of autrefois acquit or

autrefois convict:
(a) That the accused had previously been tried on a
Criminal charge. See R. v. Jinadu 12 W.A.C.A. 368
and The Police v. Johnson (1959) L.L.R. 55.
(b) That the trial had taken place before a Court of
competent jurisdiction. See R. v. Jinadu (supra) and
Umeze v. The State (1973) S.C. 22 1.
(c) That the trial ended with an acquittal or a conviction.
Thus, where trial was terminated by nolle prosequi,

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this plea cannot be sustained.

(d) That the Criminal charge for which the accused was
tried was the same as the new charge against him, or
that the new charge is one in respect of which the
accused could have been convicted at the former trial
although not charged with it. See R. v. Noku 6
W.A.C.A. 203; R. v. Edu 14 W.A.C.A. 163 and The
Director of Public Prosecution (DPP) v. Connelly
(1964) 48 Cr. App. Rep. 183 .”
Note: That the Court may convict on a charge not brought
against an accused under Sections 169 - 179 of the
Criminal Procedure Law, 160-170 ACJL, 223-231
ACJA. See Maja v. The State (1980) 1 N.C.R.212.
Note: Also that a trial Court acquitting of offence charged
still retains jurisdiction until it has sentenced the accused
for the lesser offence. See Maja v. The State (1980) 1
N.C.R.212.

Making and recording of plea:

Plea must be made by the accused and not by his counsel,
unless the presence of the accused at the trial could be
dispensed with. See R. v. Pepple and Another (1949) 12
W.A.C.A. 441. The plea must be recorded by the Court
before the trial can proceed. See Sanmabo v. The State
(1967) NNLR 314. When the accused is charged with more
than one offence, a plea must be obtained and recorded in
respect of each offence. See The Police v. Rosseck (1958)
L.L.R. 73.

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CHAPTER ELEVEN

TRIAL PREPARATION AND EVIDENCE

OUTCOMES
At the end of the lesson, student would be able to:
1. Explain and discuss the burden and standards of
proof, basis for admissibility of evidence in criminal
trials, competence and computability of witnesses.
2. Develop a case theory/trial plan.
3. Explain the types, issues and use of subpoena and
witness summons.
4. Prepare witnesses for trial.
5. Prepare and deliver an opening address.
CONTENTS
6. Burden of proof. Standard of proof
7. Standard of proof
8. Competence and compellability of witnesses
9. Computer generated evidence
10. Case theory
11. Corroboration
12. Subpoena

Burden of proof and standards of proof

Note that focus is on the burden and standard of proof in
criminal cases. Burden of proof is the legal obligation of
the party to produce evidence or prove of a case. Standard
of proof is the duty of a party to prove a case by producing
the quantum or level required by law.

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Legal burden and evidential burden

The legal burden is the duty of a party to prove its case in
accordance with the standard prescribed by law. The legal
burden is fixed by law. The evidential burden is the
obligation of a party to lead, introduce or provide evidence
to prove a fact in issue. The evidential burden is on the
party who asserts, hence the rule is that he who asserts
must prove.

Burden of proof in criminal cases

The burden of proof of guilt is static. See S.132, 135(2)
E.A 2011. Note the importance of rights to silence to
burden of proof in criminal cases. It is not for the accused
to prove his innocence. See S. 36(5) CFRN 1999.
Failure of accused to testify does not imply guilt. See
Mbele v. The State (1990). The prosecution shall prove all
the ingredients of the offence(s). Accused not bound to
prove his innocence. See S. 36(11) CFRN 1999; Habibu
Musa v. The State (2013) 9 NWLR (Pt.1359) 214
Note that the prosecutor and the courts may comment on
silence. See S. 181 Evidence Act.

Circumstances where burden of proof would be on the

accused
 Plea of intoxication and insanity.
 Special plea of autre fois acquit or autre fois
convict.
 Facts specially within the knowledge of the accused.
S. 140 E.A
 Exemptions, exceptions, or qualifications contained
in statutes. S. 141 E.A
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 Burden imposed by statute.

 The burden of proof placed on the defendant may be
discharged by evidence from the prosecution or the
defence. See S.139 (2) E.A

Standard of proof
The standard of proof where crime is in issue is beyond
reasonable doubt. S. 135(1) E.A, 2011. See Woolmington v.
DPP.
The standard of proof of criminal defence or exceptions,
etc. is on the balance probabilities. See S. 137 E.A.

Admissibility of evidence in criminal trials

Admissibility is the same as the “reception” or
“receivability” of evidence in court. “Evidence must be
relevant to be admissible, but not all relevant evidence is
admissible.” Evidence must satisfy any condition stipulated
by the Evidence Act before it can be admissible.

Competence and compellability of witnesses

Competence is the ability of a person to give evidence
while compellability is the authority of a court to compel a
person to testify.
Compellability is also the obligation of a person to attend
and give evidence when commanded by a court by
subpoena or witness summons.
All persons are competent to testify unless the court
considers that they are prevented from understanding
questions put to them or giving rational answers.

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Factors that may affect understanding or rationality

Tender years, extreme old age, disease, whether of body or
mind, or any other cause of the same kind. See S. 175(1)
E.A.
Competence is not matter of age but intellectual capacity.
See Onyegbu v. The State (1995).
Note that a person of unsound mind may testify during
lucid intervals. S. 175 (2) E A, 2011.
A dumb witness may testify by sign or in writing. S.176
E.A.

Exceptions to general rule as to competence and

compellability
Evidence of a child.
A child is any person who has not attained the age of 14
years. See S. 209(1) E.A; S.2 CPA, and 371 ACJ (R&R).
See Solola v The State (2005). The procedure is that the
child would not be sworn or affirmed. A child can only
testify if the court is satisfied that:
a) “possessed of sufficient intelligence”; and
b) “understands the duty of speaking the truth.”
The requirements of intelligence and understanding of the
duty of speaking the truth are conjunctive. Note that no
procedure in E.A. for how court would satisfy itself as to
intelligence and understanding of the child.

Needs for preliminary inquiry to test intelligence and

understanding
The first duty of a court is to test whether the child is
possessed of sufficient intelligence.

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This is done by the court putting preliminary questions

unrelated to the matter in controversy.
If the child fails these sets of questions the child is not
competent.
If the child demonstrates ability to understand the
questions, then, the court proceeds to nether next stage of
determining whether the child understands the nature and
implication of an oath. See Okon v. The State (1998).
If he passes this second test then he would give evidence
on oath. See Dagayya v. The State (2006) NWLR (Pt.980)
637.
Where the record of proceeding shows that the test was
conducted that would be prima facie evidence of conduct
of inquiry. Actual questions and answer need not be
recorded.

The Supreme Court held that there was compliance with

Section 154(1) and 182(1) of the EA 1990, similar to Ss.
175(1) and 209(1) EA 2011.
Where a court does not conduct the first test to determine
competence of the witness the evidence would be
inadmissible. Onwe Agenu v. The State .
Where the court fails to conduct the second test the
evidence would be regarded as unsworn evidence which
requires corroboration.

President, Governor, etc.

The President, Vice-President, Governor or Deputy
Governor is competent but not compellable. See S.308 (1)

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(c) process to compel their attendance shall not be applied

or issued.

Alien and Diplomats

S 1(1) Diplomatic Immunities and Privileges Act covers
diplomats, their official or domestic staff and members of
the families of official staff.

Accused person
Accused person is competent to testify in his own defence
but not compellable. S. 36(11) CFRN 1999. Competence as
a witness for the prosecution in restricted circumstances.
See Umole v. IGP where it was held that accused can
testify against co-accused when the former had pleaded
guilty and convicted before being called by the
prosecution.

Competence and compellability of spouse

A spouse is competent and compellable witness for the
accused. A spouse is generally not a competent or
compellable witness for the prosecution except under S.
182 E.A:
i. Sexual offences under S.182 (1) (a) EA.
ii. Offences against property of the spouse.
iii. Offences involving violence against the
spouse.

Evidence of relation of accused or victim

Such witnesses are competent but their evidence should be
scrutinized with caution.

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Counsel as witness for client

Counsel is competent but ought to withdraw as counsel if
he is likely to be a witness Elabanjo v. Tijani (1986) 5
NWLR (Pt 46) 956.
Imagine the difficulties counsel may face if he has to
continue with the case after his credibility is questioned
under cross examination.

Corroboration evidence
Corroboration is evidence which confirms another
evidence. Nature of corroborative evidence varies from
case to case. See Posu v. The State.
Corroborative evidence must be independent. No particular
numbers of witnesses are required to prove the guilt of an
accused person. See S.200 E.A. see Mohammed v. The
State (1991).

Exceptions
Evidence of accomplice requires corroboration. S. 198(1)
E.A.
An accomplice is any person who participates in a crime as
contained in S.7 CC. See S. 198(2) E.A.
A co-accused is not an accomplice, a court must warn
herself that it is unsafe to convict based upon the evidence
of a co-accused.
Unsworn evidence of a child requires corroboration. S
209(3) E.A.

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Evidence of tainted witness.

Tainted witness is not an accomplice but may be a witness
who has a purpose of his own to serve. See Mbenu v. The
State (1988) e.g. witness with criminal connection and
claimants to the property of deceased persons.
Under section 201-204, EA, corroboration is required in
cases of treason or treasonable offences; perjury;
exceeding speed limit; and sedition.

Effect of corroboration
Where corroboration is required as a matter of law, failure
of corroborative evidence of a crucial witness may nullify
a conviction and sentence. Where corroboration is not
required by law but a court did not warn itself as to the
need for corroboration, the effect would depend upon the
quality of testimony of the single witness.

Computer generated evidence

S.84 Evidence Act stipulates the conditions for
admissibility of computer generated evidence. See Kubor
v. Dickson (2012) LPELR-9817(SC); (2013) 4 NWLR
(Pt.1345) 534.
Note the importance of foundation as to the identity and
operation of the computer at the relevant period under S.
84(2) of the Evidence Act. Note the import of certificate
of compliance.
Section 84 requires the following:
1. That the computer was functioning or working
properly S. 84 (2) (c);

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2. That the input and underlying equation or operation

are complete and accurate, or that the computer was
not fed garbage, S 84 (2) (b);
3. The document or output was produced during a
period of regular storage or processing of
information, S 84(2) (a);
4. The program is generated in conformity with the
state of the art;
5. The information contained in the document
reproduces or is derived from information supplied
to the computer in the ordinary course of business of
the owner or user of the computer;
6. The evidence should be presented by some person
who can answer questions about the functioning of
the computer in question;
7. The witness must describe the computer and its
mode of operation.
Note that where a series or combinations of computers are
used in the operation that generated the evidence, all the
computers or combinations shall be treated as a single
computer. Section 84 (3) E.A.
Section 84 (4) provides that in any proceeding where
computer generated evidence is proposed under S.84, a
certificate identifying the document and describing the
manner in which it was produced, giving such particulars
of any device involved in the production of the document
as may be appropriate for the purpose of showing that the
document was produced by a computer, dealing with
matter to which the conditions mentioned in subsection 2
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a responsible position in relation to the operation of the

relevant device or the management of the relevant
activities, as the case may be, shall be evidence of the
matter stated in the certificate; and for the purpose of this
subsection it shall be sufficient for the matter stated to the
best of the knowledge and belief of the person stating it.

How to develop case theory/trial plan

What is a case theory?
“At this core, trial advocacy is simply the art and skill of
persuasion. But trial advocacy is more than making a grand
closing argument that causes the fact-finder to adopt a
radically different viewpoint. The underlying principle of
good trial advocacy is the ability to develop a coherent and
logical theory of the case. A case theory is the vehicle
through which the facts of a case are conveyed as a
structured and credible whole.” 1 The case theory or theory
of the case may therefore be said to be logical or coherent
historical account of the case related to the legal rules,
principle and practice of the aspect of the law in question. 2
In every case, there are certain overarching facts. A good
theory of the case is one that is built around such
overarching facts and presents the most credible or

1 William H. Gravett & Conra van Loggerenberg “Trial

Advocacy Training in the United States” Advocate April 2011
pp32-34 at 32

2 See A. Obi Okoye Law in Practice in Nigeria: professional

Responsibilities & Lawyering Skill Snap Pres Nig Ltd, 2011, p
442

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plausible account of the events or issues in the case. An

adequate “theory of the case” might be described as a short,
persuasive summary of the facts, explai ning exactly “what
happened” from the perspective of the lawyer‟s client. At a
bare minimum, every successful trial theory must be
logical and simple. A logical theory is based on a solid
evidentiary foundation that, along with reasonable
inference, leads naturally to the intended result. A simple
theory rests on uncontested facts (or the fewest possible
contested facts), while appealing to common sense or
everyday experience.
The case theory must possess the following
qualities:
a. It must be persuasive and simple;
b. It must be logical and comprehensive;
c. It must be credible or believable or if
disputable, be consistent with the evidence or
common sense;
d. Based on undisputed facts or if disputed, be
consistent with the evidence or common
sense;
e. It must lead to the right conclusion, that is, a
conclusion that is consistent with provable
facts.
It is useful to prepare to prepare the case theory in form
of a concise but accurate chronological list, but this is a
matter of individual style.

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What is a trial plan?

Every story must have a narration style. The trial plan may
be regarded as the method or style of presenting the theme
of the story in a persuasive manner. This included not only
the witnesses who could testify but the strategy generally.
The advocate should have a big picture with a well
arranged order of battle. He would determine the
procedural steps, interlocutory applications. He must also
anticipate the opponent‟s possible lines of assaulted and
counter measures. In other word, the trial plan is the
advocate‟s battle line. The case theory or trial plan would
be determined by whether counsel is a prosecutor or
defence counsel. While the prosecutor designs his case
theory and trial plan around the elements of the crime,
defence counsel formulates his case theory and trial plan
around his client‟s possible defences.
A simple trial plan may consist of 5 or 6 columns while a
more detailed trial plan may have more than 10 columns.
The simple trial plan would embrace the elements that are
relevant to the party whether as prosecutor or as defendant.
The style of advocates vary-so does the trial plan.
Note the implication of section 306 and 309 ACJA and the
FCT Practice Direction 2014 and the FHC Practice
Direction 2013 on trial plan. Parties must be prepared to
proceed with trial from day-to-day. Adjournments are now
restricted. Usually delay would not be permitted.

Types of subpoena and witness summons

Both are processes used to compel a person to attend and
give testimony, or to tender documents. See Buhari v.

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Obasanjo (2005) 13 NWLR (Pt.941) 1. Not the following

types of subpoena:
 Subpoena ad testificandum . Form 40 FCT.
 Subpoena duces tecum . Form 42 FCT.
 Habeas corpus ad Testificandum . Form 41
FCT.
 Witness summons. See SS 241-248 ACJA.

Issue of subpoena and witness summons

Subpoena is issued by a Judge upon application parties or
their legal practitioner.
A magistrate may upon application of an accused person
issue witness summons. See Saaku v. Tiv N.A (1966).
Failure to adjourn to enable an accused to secure
attendance of a witness may be a denial of fair hearing. A
magistrate can issue a witness summons but has no powers
to issue a subpoena ad testificandum . A Magistrate must be
satisfied that the evidence the witness would give would be
material to the case before he issues a summons. A party
may apply to a judge for the issuance of a subpoena
without disclosing the nature of evidence the witness may
give. See COP v. Jane & Anor NLR (XIX) 66.
Note that under s. ACJA any court may issue witness
summons.

Use of subpoena and witness summons

The use of subpoena is dependent upon the type of
subpoena. Habeas corpus ad Testificandum is issued to
command the Controller of Prisons or whoever is in charge
of a person who is detained, to produce or conduct the

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person in court to give evidence. E.g. See Form 28

HCLSCPR, 2012; see also Form 41 HCFCTCPR, 2004.

Preparation of witness for trial

Not the importance of pre-trial briefing. Note that briefing
or prepping is not the same as coaching.

Contents of opening address and delivery

Opening address is made after conclusion of arraignment.
Opening address for the prosecution contains a short
summary of the facts of the case. See S. 240 CPA; S. 189
(1) CPC & S. 268 ACJ (R7R) L, 2011. The opening
statement of the defence would be a brief summary of the
defence version of facts. Parties normally conclude their
opening address that they are ready to proceed with the
case. Note that in practice the opening statements may
consist of the parties informing the courts that they are
ready to proceed with the hearing.
Note the implication of Rule 4 FCT Practice Direction
2014. Rule 4 deals with Pre-hearing protocol.
See Rule 4 of the FHC practice Direction 2013 and its
effects on opening address.

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CHAPTER TWELVE
EXAMINATION OF WITNESSES- WEEK 15

OUTCOMES
At the end of the lesson, students would be able to:
1. Explain what examination in chief, cross
examination and re-examination means and the
purpose they serve in criminal proceedings.
2. Examine a witness in chief, cross examine a witness
and re-examine a witness.
3. Identify questions that are objectionable in
examination in chief.
4. Demonstrate admissibility of documentary evidence
in criminal – confessional statements, expert
evidence, police report and computer generated
evidence.
5. Demonstrate admissibility of hearsay evidence.
6. Demonstrate the procedure for refreshing the
memory of a witness and dealing with hostile
witness.
7. Identify the limit of the Judge ‟s power to put
questions to a witness.

EXAMINATION OF WITNESSES
Method of putting questions to witnesses with a view to
obtaining material evidence from them to support one‟s
case is referred to as Examination-in-chief. Conducted by
the party calling the witness. S. 214 (1) Evidence Act,
2011.

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Purpose is to elicit admissible, material and favourable

evidence. It takes the form of responses to questions which
eventually provide a story line. Usually commenced by
introductory questions before main questions.
Counsel should guide witness to tell court only story that is
relevant, in an orderly, sequential and easy to follow
manner. Pre-trial interview is necessary to prepare the
witness.
Leading questions are generally not allowed during
examination-in-chief. Ss. 221(1) & (2) E.A.
Leading question is defined under S. 221 as questions
suggesting the answer which the person putting it wishes or
expects to receive.
Exception are; Introductory matters; Undisputed facts;
Matters, which in the opinion of the court have already
been sufficiently proved before the court. S. 221 (3) E.A.
Open ended questions starts with “who”, “why”, “what”,
“where”, “when”, “how”, “describe”, “explain” etc. should
be adopted to avoid leading questions.
Hostile Witness- Who is a hostile witness? A hostile
witness in the opinion of the court is biased against the
party who calls him, is unwilling to testify, who supports
the other party or has been compromised. See Esan v.
State.
This is a witness who bears hostile animus to the party
calling him and is unwilling to testify or tell the truth.
Party calling witness is deemed to be holding out such
witness as witness of truth . Babatunde v. State.

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Therefore a party calling a witness cannot discredit him by

general evidence of bad character except where the court
declares him hostile. S. 230 E.A.
Upon application by party and court satisfying itself, it can
declare a witness hostile. S. 230 E.A.- He may then be
cross examined. Iluonu v. Chiekwu, Gaji v. State.

CROSS EXAMINATION
The examination of witness by a party other than the party
who calls him is known as cross-examination. S. 214(2)
E.A.
Even though the law allows cross-examination, where a
witness fails to testify on material points during the
examination-in-chief and the silence is not to the advantage
of the opposing party, cross examination may not be
necessary.
Not limited to facts elicited in exam-in-chief. S.215(2) E.A.
Cross-examination not mandatory, but can be crucial.
Note co-accused can cross-examine witnesses of other
accused persons before cross-examination by prosecution.
Ss. 216, 217 E.A.
Person summoned merely to produce documents and not to
testify cannot be cross-examined. See Ss. 218, 219 E.A.

PURPOSE OF CROSS-EXAMINATION
To contradict, destroy, discredit, weaken and qualify the
case of the opponent.
When cross examining, a counsel can ask questions which
are not direct facts in issue, however they must be relevant
S.215 (2)

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Under cross examination the following must be asked:

To test his accuracy, veracity or credibility
Discover who he is and what his position in life
Shake his credit by injuring his character.

LIMITATIONS IN CROSS-EXAMINATION
Questions relating to credit but are not relevant or too
remote to the proceedings may be disallowed by the court.
The court is under an obligation to warn the witness that he
is not obliged to answer. S. 224 E.A.
Indecent or scandalous questions S. 227 E. A.
Questions intended to annoy or to insult or needlessly
offensive S. 228 E. A.
Under S. 226 E. A, the judge is empowered to report a
counsel who ask baseless or questions adjudged to be
without reasonable cause to the Attorney-General of the
federation or any other authority to which the legal
practitioner is subject.
Contradiction of a witness statement by previous evidence.
Section 232 E. A. The statement made earlier by the
witness in writing may be brought to his attention for the
purpose of contradicting him.
Where a witness made a statement before the trial and the
statement is found to be inconsistent with his testimony, his
testimony should be seen as unreliable and the previous
statement should not be acted upon by the court. This
however does not apply to an accused person.

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RE-EXAMINATION
Re-examination is the act of putting question to the witness
a party calling him in other to clear ambiguities which
arose during cross-examination.
Aims of re-examination
The only aim of re-examining a witness must be with a
view to clear ambiguities and no more.
The position of leading question in re-examination
Leading questions are not allowed in Re-examination.
When new issues are raised during Re-examination with
the leave of court, the witness will be cross-examined again
on the issues raised.

 Admissibility of documentary evidence.

 Part 5-Ss 83-120 E. A. 2011
 Doc which can establish fact is admissible. S. 83 (1).
Note conditions in (1)(a)&(b)- if maker had personal
knowledge, if maker called s witness etc.
 Note proviso to S. 83(1)(b) when maker of statement
need not to be called as a witness-Dead, unfit by
reason of body or mental condition, not reasonably
practicable to secure attendance, cannot be found .
 If court is satisfied that there will be undue delay or
expense, can admit statement even if maker is not
called or copy or CTC if no original. S.83(2) E.A.
 Admissibility of computer/electronically generated
evidence. S. 84(2) E.A.; Dr. Imoro Kubor &Anor v.
Hon. Seriake Henry Dickson & Anor.
 Requirement of a certificate signed by person
responsible for device. S.84 (4)E.A

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 Gen admissible if relevant. Where tendered-

Admitted or Rejected.
 General rule, docs proved by primary evidence. S.88
E.A.
 Cases in which secondary evidence may be given.
S.89(a-h)
 S.90 E.A.- Provides for nature of secondary
evidence admissible under S. 89 E.A.
 S. 91 E. A.- Rules as to Notice to produce
 Public documents-p Docs forming official acts of
sovereign authorities; of official bodies and tribunal;
of public officers, legislative, judicial or executive;
public records kept in Nig. of Private docs-S. 102 E.
A.
 Private –Not public- S. 103 EA
 Admissibility of Confessional statements
 Definition of confession-S.28 EA.
 When confession is admissible. S. 29(1-3) E.A. –
Definition of “oppression” -(5)
 Where confessional statement is made by co-
accused in presence of others, not admissible against
them unless they adopt said statement by word or
conduct. S.29 (4) E.A.
 Where accused denies making a confessional
statement, it is admissible, but court will decide
weight to attach it.
Where he alleges it was not voluntarily made, trial within
trial conducted. Ike v. State. Only admissible if voluntary.
Accused may be convicted solely based on his confessional
statement if court is fully satisfied. See Nwachukwu v.

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State, Gabriel v. State. Awosika v. State - 6 tests for

verification P. 236 Afolayon
Expert evidence- persons specially skilled in certain areas.
S. 68 E.A. must possess skill and qualification to be so
referred. Olayiwola v. FRN, Azu v. State, Essien v. R
Rejection of expert evidence by court- Arise v. State, Aladu
v. State.
Expert evidence mandatory to prove some offences. Ishola
v. State; Stevenson v. Police.
Note Police Reports etc.
Hearsay evidence-
What constitutes hearsay?
Okoro v. State, Achora v. AG Bendel. S. 37 E.A.
Generally inadmissible.
Note Excerptions. S. 38 E.A.
Examples- Affidavit evidence; testimony regarding history
and tradition (Ansa v. Ishie); Dying Declarations (S. 40 (1)
& (2) E.A.; Res Gestae S. 4 E.A; R v. Bang Weyeku, Akpan
v. State; Treatises published by experts (Olalomi Ind. Ltd v.
NDIC); reports of Police investigators; Testimony in
previous proceedings; When not practicable for maker to
testify; Admission (Ss 20-27) Confession 28-32

Refreshing Memory
Simply to remind. Whether the writing is by himself (S.
239 (1) E.A.) or by another person (S. 239 (2) E.A).
Writing must have been made at time of transaction or so
soon afterwards. S. 239 (1) E.A.
Expert can refresh his memory by reference to professional
treatises. S. 239 (3) E.A.

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Note right of adverse party to be shown such writing, if he

so requires and to XX on it if he so pleases. S. 241 E.A.

Power of the Court during examination

Power of the court to put witnesses. Section 246(1) and (2)
E.A. To ask questions in respect to the facts whether
relevant or irrelevant but no party has the power to re-
examine on those issues.
Also the court can require that a document in relation to the
facts be produced.
Powers of the court to recall witnesses- The court has the
power to recall a person whose testimony it feels is relevant
to testify, even if the person has not been called as a
witness.
Or to recall any person who has been called earlier. Section
200 CPA, 237 CPC and 197 ACJL.
Must be for one reason only- Just determination of case.

Power of a party to Recall Witnesses

The party seeking to recall a witness must apply to the
court and state the reason why he wants the witness
recalled.
The court may, if it feels that the questions are material
recall the witness.
See Ogbodo v. State; Ally v. State.

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CHAPTER THIRTEEN
CASE FOR THE DEFENCE

OUTCOMES
At the end of the lesson students would be able to:
1. Explain the options available to the accused at the
close of the case of the prosecution
2. Make a submission of no case to answer.
3. Accused resting his case on that of the prosecution
4. Make an opening address for the defence.
5. Explain the E x improviso rule – explain when
prosecution may be allowed to call evidence in
rebuttal of evidence of the defence.
6. Explain the purpose and procedure for a visit to the
locus in quo
7. Make concluding /final addresses for the parties.

CONTENTS
1. What are the options available to an accused person at
the close of the case for the prosecution?
2. What is no case submission and when may it be
made?
3. When a no case submission is overruled, what other
options are available to the accused?
4. The accused resting his case on that of the prosecution
5. Procedure for visit to the locus in quo.
6. Application of the ex improviso rule
7. Final addresses for the parties

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THE COURSE OF TRIAL

(a) Presentation of case by the prosecution
The prosecution may open its case by a summary of
evidence it intends to adduce in support of the charge
Section 240 Criminal Procedure Act; Section 189 Criminal
Procedure Code; Section 300 ACJA. However, what the
prosecutor generally does in practice is to call his witnesses
one after the other after the announcement that the witness
should be out of Court and out of hearing.
Note: The effect when a witness does not go out of the
Court. In Falaju v. Amosu (1983) 2 S.C. 209, it was held
that such evidence was not inadmissible but the omission
would affect the weight to be placed on it. Witnesses shall
ordinarily give their evidence on oath or affirmation,
Section 205 Evidence Act, 2011. Where a witness refuses
to be sworn on oath and without sufficient reason, he may
be remanded in prison custody-
Section 194 Criminal Procedure Law. See however Section
230 Criminal Procedure Code.
Note: Evidence may be given not on oath where it is the
testimony of a child who does not understand the nature of
an oath but possesses sufficient knowledge to justify the
reception of his evidence and understands the duty of
speaking the truth. Section 209 Evidence Act, 2011; Okon
v. The State (1988 NWLR (Pt.69) 172 : Where it is the
evidence of a non-believer or a person whose religious
belief forbids the taking of an oath. See Section 208
Evidence Act, 2011.

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(b) Pattern of tendering evidence

No specific pattern is laid down. But it may be regulated by
the discretion of the Court. See. Section 210 Evidence Act,
2011. If however, the complainant is present, it may be in
order to call him first.

Number of witnesses required to be called:

The prosecutor must call sufficient witness to prove his
case. He needs not call all the available witnesses, but those
called must be sufficient. See Section 200 Evidence Act.
Where only a number out of the witnesses listed on the
information are called, it has been held valid as there is no
obligation on the Prosecutor to call all of them. Adaje v.
The State (1979) 6 -9 S.C. 18. Jammal v. State (1999) 12
NWLR (Pt 632) 582,597.

In Ali v. The State (1988) 1 SCNJ 17, where only one

witness out of the three witnesses was called, the Supreme
Court held that it was sufficient as long as it proved the
case against the accused. Contrast the foregoing cases with
Opayemi v. The State (1985) 6 S.C. 347.

Power of the presiding officer to put questions to the

witnesses
He is always permitted to put questions to the witnesses
testifying. But he must not take over the conduct of the
case. He should not be a "Hippy Hallet" by talking too
much. In Uso v. The C O.P. (1972) 11 S.C. 37, Okoduwa v
State (1988) NWLR (pt. 76) 339, (1988) LPELR 2457, the
presiding officers took over the conduct of the cases; they
talked too much in the circumstance; they forgot that we
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operate the accusatorial and not the inquisitorial system of

Criminal justice and by their conduct, the trials were
vitiated. See Section 200 Criminal Procedure Law; Section
237(1) Criminal Procedure Code. It has been held in
Onuoha v State (1989) 2 NWLR (pt. 101) 23 that the power
conferred by Section 200 Criminal Procedure Law is to be
exercised where it is necessary for the just determination of
the case. See also Okarie v. The Police (1966) L.L.R. 134;
The Police v. Olatilewa (1958) W.N.L.R. 200. Note: It is
not a condition that under Section 237 Criminal Procedure
Code or Section 200 Criminal Procedure Law the accused
must have set up a case ex improviso before the judge can
call or recall a witness after the defence has closed its case.
See Ayub - Khan v. The State (1991) 2 NWLR 127.
However, whilst a large number of interventions must put
appeal Court on notice of the possibility of a denial of
justice, mere statistics are not of themselves decisive. The
critical aspect of investigation is the quality of the
interventions as they relate to the attitude of the judge and
the effect that the interventions have either upon the
orderly, proper and lucid deployment of the case of the
accused by his advocate or upon the efficiency of the attack
so made on behalf of the accused upon vital prosecution
witnesses through cross-examination. See R. v. Donald
Matthews and Another (1984) CR. A.R. 23.
Under S. 301 ACJA, after the conclusion of the case for the
prosecution the defendant or the Legal Practitioner is
entitled to address the Court to present his case and adduce
evidence where required.

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SUBMISSION OF NO CASE TO ANSWER

If at the end of the Prosecution's case, the defence feels he
has no case to answer, he can make a no case submission.
See Section 286 Criminal Procedure Act; Section 191 of
the Criminal Procedure Code; Section 239 ACJL, Section
302 and 303 ACJA. The application is made in the
following circumstances:
(a) when there has been no evidence to prove an
essential element of the offence.
(b) when the evidence adduced by the Prosecution
has been so discredited as a result of cross-
examination or is so manifestly unreliable that no
reasonable tribunal could safely convict on it R. v.
Coker 20 NLR 62; lbeziako v. The C.O.P. (1963)
1 All NLR 6 1., Ubanatu v. COP (2000) 1 SCNJ
50, Emedo v. State (2002) 15 NWLR (Pt. 789)
196.
The following principles should be noted:
(a) The Court has an obligation to consider suo motu
the prosecution's case whether a case has been
made out against the accused and if it discovers
that the prosecution made out no sufficient case, it
should discharge the accused. Okoro v. The State
(1988) 5 NWLR 255 (Pt. 94). See however
Maiduguri v. R. (1963) NNLR 1.
7.) Where the accused makes a no case submission,
the ruling of the trial Court should be confined to
the submission and must neither be too lengthy,
nor such as to fetter the discretion of the Court.
Ekanem v. R. 13 W.A.C.A. 180; Odofin Bello v.

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The State (1967) NMLR 1. Note: A lengthy ruling

on its own is not sufficient to vitiate a trial. The
discretion of the Court must not be fettered. In
Atano and Anor v. The A. G. Bendel (1988) 2
NWLR 201 (Pt. 75), the ruling was merely
lengthy. Held that the discretion of the Court was
not fettered thereby.
8.) The effect of a discharge on a no case submission
is equivalent to an acquittal. See Section 301 (1)
Criminal Procedure Law; Section 191(5) Criminal
Procedure Code. In Nwali v. The IGP (1956) 1
E.N.R.NLR l and The IGP v. Marke (1957) 2
F.S.C. 5, where the accused were subsequently
charged after a discharge following a no case
submission, it was held on appeal that their
discharge was on merit and consequently, they
should be acquitted. Note that a discharge under
SS. 159 & 169 CPC is a mere discharge not one
on the merits and so does not amount to an
acquittal. So a plea of autre fois acquit based on it
will fail.
9.) If no case submission is wrongly overruled and an
accused person participates in the proceedings
whereby he supplies the evidence incriminating
him it has been held that a conviction founded on
such evidence could not stand. To hold otherwise
will amount to requiring the accused to prove. his
innocence Mumuni v. The State, (1975) 6 S.C. 79;
Okoro v. The State (1988) 5 NWLR 255 (Pt. 94),
Daboh v. The State (1977) 5 S.C. 197.

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10.) Thus, it is immaterial whether the accused

participates in the trial or not if in any event the
submission is wrongly overruled or the Court
does not discharge when there is no case against
the accused
after the close of the Prosecution's case. See
Okoro v. The State (1988) 5 NWLR 255 (Pt. 94)
(supra).
11.) Where the no case submission is rightly
overruled evidence obtained from participation
will be admissible against the accused. Ohuka v.
The State (1988) 4 NWLR 36 (Pt. 86). also the
English case of Wayne Edward Cockley (1984)
Vol. 79 Cr. App. Rep. 18 1.
12.) Under the CPC where a no case submission is
overruled by a Magistrate Court, the accused can
recall prosecution witnesses for further cross-
examination before he enters his defence.

Proceedings for the defence:

After the close of the Prosecution's case, if it appears to the
Court that a prima-facie case is made against the accused,
he is called upon for his defence. The step the Court takes
will depend on whether he is represented by counsel or not.
(a) If not represented:
The Court shall inform him of the three
alternatives open to him viz:
(i) He may make a statement without being
sworn from the place where he then is, in
which case he will not be liable to cross-
examination
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(ii)
He may give evidence in the witness box,
after being sworn as a witness; in which
case he will be liable to cross examination
or
(iii) He needs not say anything at all, if he so
wishes and in addition, the Court shall also
ask him if he has any witnesses to examine
or other evidence to adduce in support of
his defence- Section 287(1)(a) Criminal
Procedure Law, Section 240(1)(a) ACJL.
(b) If he is represented:
The Court shall call on his counsel to proceed
with the defence- Section 287(l)(b) Criminal
Procedure Law, Section 240(1)(b), ACJL.
(c) Effect of non-compliance with the Section
287(l)(a)(b) Criminal Procedure Law, Section
240(1)(a) ACJL:
Non compliance per se does not vitiate the proceedings
provided that the Court called the accused for his defence
and asked him if he had any witnesses and heard the
accused and his witnesses and other evidence if any Section
288 Criminal Procedure Law.
i. Where the accused is represented, it has been held
that the Court need not inform the legal practitioner
formally to proceed with his defence, for he is presumed to
know this. Adio v. The State (1968) 6 S.C. 119 ; Edet
Akpan v. The State (1986) NWLR (Pt. 27). 225.
ii. Where the accused is unrepresented, it has been held
only that should the Courts record show clearly what the
trial Court has done, whatever rights have been explained

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to the accused must be fully recorded. This duty exists

where the accused is either unrepresented or is represented
but his counsel is not in Court at the material stage in the
proceedings. Josiah v. The State (1985) 1 NWLR 125 (Pt.
1); Kajola v. The COP (1973) 1 All N.L.R, 31.

RESTING THE DEFENCE'S CASE ON THE

PROSECUTION'S
The accused, may, in making his defence adopt any of the
alternatives in Section 287(1)(a) CPL. Where the accused
does not call any evidence at all, he is said to rest his case
on the prosecution. On the implication of this step, the
Supreme Court noted: " Whereas prudence dictates that an
accused person should not assist the prosecution which has
failed to prove every material ingredient in the case against
him by giving them the opportunity of extracting it in
witness box under the fire of cross-examination, it is
reckless to insist on the exercise of that right when the
prosecution has made out a prima-facie case which calls
for the accused person's explanation " Per Nnaemeka-Agu
J.S.C. in Babalola v. The State (1989) 4 NWLR 264 (Pt.
115) at Page. 276. See also Ali v. The State (1988) 1 SCNJ
17.
Note: When a counsel makes a no case submission and
indicates that he will be resting his case on the
prosecution's case, he can freely address on the facts and
the law and he can deal with issues of veracity of witnesses
and the insufficiency of the witnesses to establish the
offence(s) charged. See Akano v. The A.G. Bendel State
(1988) 2 NWLR 20.

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Raising the defence of alibi:

One of the potent defences an accused may raise in his
defence is the defence of alibi. This simply means. that the
accused was somewhere else at the time the offence was
alleged to have been committed. See Yanor and Another v.
The State (1965) 1 All NLR 193;Garba v. State (1999) II
NWLR (pt. 627) 422
Note: However, that "it is no proper way of raising a
defence of alibi for an accused person to show that he was
elsewhere at a time antecedent to the time the crime was
proved to have been committed, unless he can show that
because he was at that place at the time, it was impossible
for him to have been at the scene of the crime, when it was
shown to have been committed".

When the prosecution can call witnesses after the close

of the defence:
Normally, once the defence has closed his case, the
prosecution cannot call any witness. However, if the
defence adduces in his evidence new matters which the
complainant could not foresee, the complainant may with
the leave of the Court adduce evidence to rebut such first
mentioned evidence. See Section 289 Criminal Procedure
Law, Section 241 ACJL. This is called ex improviso cases.
See Bala v. The C.O. P (1973) N.NLR 26. See the case of
Ayubkhan v.The State (1991) 2 NWLR 127

Concluding Addresses:
The essence of an address at the conclusion of evidence is
to enable both defence and the prosecutor to present to the
Court succinctly the facts which have been proved or

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disproved by the evidence adduced before the trial Court

and to convince the Court that it has established its case by
marshalling the law to the facts.
(1) After the close of the prosecution's case, the accused
or his counsel where represented, shall be entitled to
address the Court at the commencement or
conclusion of his case. Section 241 Criminal
Procedure Law;
(2) When is a prosecutor entitled to reply after the
address of the accused? It depends on how the
accused conducts his case and/or on the status of the
prosecutor.
If no witness has been called for the defence, other
than himself or witnesses solely as to the character
of the accused and only document is put in as
evidence for the defence, the prosecutor shall not be
entitled to address the Court a second time Section
241 Criminal Procedure Law, Section 194(1)
Criminal Procedure Code.
Subject to the constitutional right to address the Court, if in
opening the case for the defence, the person appearing for
the accused introduced new matter without supporting it by
evidence, the Court in its discretion, may allow the person
appearing for the prosecution to reply Section 241 Criminal
Procedure Law; Section 194(3) Criminal Procedure
Code Note: Aghachi v. The COP (1963) N.NLR 74 , it was
held that where the accused gave evidence in his own
defence, he had not called witness for the purpose of
conferring aright of reply on the prosecutor.
(3) Where the prosecutor is a law officer, he always

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has a right of reply. Sections 202 and 243 Criminal

Procedure Law. A law officer is defined in
Awobotu v. The State (1976) 5 S.C. 49 to mean the
officers in the Ministry of Justice. See also Section
1 Criminal Code. Note however, that private
prosecutors engaged by the A.G. or the Director of
Public Prosecution (DPP) to prosecute cases on
behalf of the State may qualify as law officers. See
Section 371 ACJL on definition of „law officer‟
Note: The right of reply is discretionary and the law
officer may choose not to reply or exercise his right
Adamu v. The A. G., Edo State (1986) 2 NWLR 284.
(4) If any witness, other than the accused himself or
witnesses solely as to the character for the accused
is called or any document is put in as evidence for
the defence, the person appearing for accused shall
be entitled after evidence on behalf of the accused
has been adduced to address Court a second time on
the whole case and the person appearing for the
prosecution shall have right of reply. Section 242
Criminal Procedure Law, Section 194(1) Criminal
Procedure Code.
Note: The Supreme Court noted recently that a party or his
counsel cannot confer on himself the right to do so at his
pleasure. A party or counsel may forfeit or be taken to
waive his right of address if he fails to address when called
upon to do so at the close of the evidence. Counsel's failure
to address does not vitiate the proceedings although address
will be of immense assistance to the judge if he exercises
this right. See Ndu v. The State (1990) NWLR 550.

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Composition of the Court:

The Magistrate or Judge presiding on the case shall hear
the case from arraignment to sentence.
The composition must be constant and if altered (i.e. by
transfer, retirement or death of the officer presiding) the
trial must commence de novo - afresh. Ogbunyinya v.
Okudo (1976) 6 -9 S.C.32; Umukoro v. State (1976) 6
U.I.L.R.169. In Gabriel Iyela v. The COP (1969) NMLR
180, at the time the Magistrate sentenced the accused in
Kaduna, he had been transferred to another State. He came
down and delivered the judgment. This was held to be no
judgment since he had vacated office, he could not deliver
the judgment again.
Note the innovation in Section 396 (7) ACJA:
Notwithstanding the provision of any other law to the
contrary, a judge of the High Court who has been
elevated to the Court of Appeal shall have dispensation to
continue to sit as a High Court judge only for the purpose
of concluding any part- heard criminal matter pending
before him at the time of his elevation and shall conclude
the same within reasonable time —
Note: Where a judge or Magistrate, having tried a case is
prevented from delivering his judgment or sentence by
illness or other unavoidable cause, such judgment or
sentence, if the same had been reduced into writing and
signed by the judge or Magistrate, may be delivered and
pronounced in open Court in the presence of the accused by
any other judge or Magistrate. Section 251 Criminal
Procedure Law; Section 262 Criminal Procedure Code,
Section 313 ACJA.

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CHAPTER FOURTEEN

JUDGMENT AND SENTENCING OUTCOMES

At the end of the lesson students would be able to:
1. Identify the contents and form of a valid judgment and
the effects of failure to comply with SS. 245 of the
CPL; 268(1) & 269 of the CPC Law; 275 ACJL,
Lagos 2011; 308 ACJA, 2015 and 294 of the
Constitution.
2. Identify the time limit within which judgment shall be
delivered and the constitutional implication of failure
to do so within time- s. 294(5) of the Constitution .
3. Explain the time and procedure for making an
allocutus
4. Identify the power of the Court to take other offences
into consideration before passing sentence and the
power to convict for an offence not expressly charged.
5. Identify the various types of punishments including
the mandatory sentence for capital offences (death
penalty) and the form of pronouncing such sentences.
-S.402 of the ACJA, 2015
6. Explain the effect of failure to comply with the form
of pronouncing the death sentence as well as the
exceptions to the death penalty.
7. Explain the procedure for prerogative of mercy
8. Identify the attractions of restorative justice.

CONTENTS
1. Contents and form of a valid judgment and the effects
of failure to comply with- SS. 245 of the CPL; 268(1)

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& 269 of the & CPC Law; 275 ACJL, Lagos 2011;
308 ACJA, 2015.
2. Time limit within which to deliver judgment and
failure to deliver judgment within the time set by the
constitution- s. 294(5) of the Constitution .
3. Conviction and Allocutus
4. The power of a trial Court to take other offences into
consideration and the power to convict an accused for
an offence with which he/she was not expressly
charged.
5. Sentencing alternatives including the death sentence
and prerogative of mercy.
6. Mode of pronouncing the death sentence and effect of
non- compliance with the prescribed mode. -S.402
ACJA, 2015
7. Restorative Justice.

Contents of judgment
(1) Every judgment shall contain the point or points for
determination, the decision thereon and the reasons for
the decision. Section 294 CFRN, 245 Criminal
Procedure Act, Section 269(1) Criminal Procedure
Code, Section 275 ACJL and Section 308(1) ACJA. In
Aigbe v. The State (1976) NMLR 184, the trial judge
inter alia found the accused guilty of some of the
counts and sentenced him. He did not give any reasons
for his decisions and on appeal it was held that he
violated Section 245 C.P.L. See also Nwaefulu and
Another v. The State (1981) 1 N.C.R.229 where the
Magistrate failed to give reasons for his decision.

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Willie John versus The State (1967) N.ML.R. 101;

Abdullahi v. State (1995) 9 NWLR (pt. 417). 115
(2) The judgment shall be dated and signed or sealed by
the Court at the time of pronouncing it.
Section 294 CFRN, 245 Criminal Procedure Law, Section
269(1) Criminal Procedure Code, Section 275 ACJL and
Section 308(1) ACJA. In Ajayi v. The State (1978) 1 L.R.N.
260, the judge in the course of reading the judgment said he
was reading the judgment from a note scribbled by his son.
The record sent to the Appeal Court did not indicate this.
By attempting to date the latter judgment- the one sent to
the Court of Appeal- which he did not read to the accused
in Court so as to tally with what he actually read in Court,
he was held to be in violation of Section 245 Criminal
Procedure Law.
(3) What is the effect, where a judgment is unsigned? In
Obareki v. The State (1982) 2 N.C.R.63, it was held
that because the two were made at the same time,
although the judgment was not signed so long as the
order was signed, it was sufficient. Note that it was
suggested in this case that it is neater for the
Magistrate to sign the judgment separately and the
order for the conditions of appeal separately. See also
Tsalibawa v. Habiba (1991) 2 NWLR 461.
Note: That a Magistrate is permitted to deliver oral
judgment but he shall record briefly in the book his
decision and where necessary his reasons for such decision,
or record such information in the prescribed form. Section
308 (2) ACJA. It was held in Napoleon Osayande v. The C.
O.P (1985) 3 S.C. 154 that the judgment of a Magistrate is

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not invalidated for failure to comply strictly with Section

245 Criminal Procedure Law. Only a minimum
compliance is required. Supreme Court held that this was
not sufficient to invalidate the proceedings.
Note: There is no equivalent provision in the Criminal
Procedure Code to deliver an oral judgment- The State v.
Lopez (1968) 1 All NLR 356.
(4) It has been held to be in violation of Section 245
Criminal Procedure Law for a judge of the High Court
to deliver judgment based on notes made by him
during trial, which notes did not form part of the
record of appeal and thereafter write a judgment
which formed part of the record of appeal. The reason
being that once a judge has pronounced judgment, he
is functus officio and any Judgment reduced into
writing thereafter cannot be looked at by the Appeal
Court. The Queen v. Timothy Fadina (1958) 3 F.S.C.
II. See Abiola v. FGN (1995) 2 NWLR (Pt. 382),203

Time limit for delivery of judgment:

Section 294(1) of Constitution of the Federal Republic of
Nigeria 1999 provides that judgment shall be delivered
within 3 months of the final addresses. Also parties are to
get authenticated copies of the decision on the date of
delivery. See Section 294 (5) of 1999 Constitution for
effect of non-compliance with Sub-Section (1)

Form of judgment:
(1) A Judge cannot deliver his judgment and file
reasons thereof later: In Unakalamba v. The Police

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(1958) FS.C. 7, where the reason for the judgment

was filed latter, the Court warned against the
practice. Note, once the judgment is pronounced the
judge or the Magistrate is functus officio. See also
The Queen v. Fadina (supra).
(2) Judgment dictated in open Court is not written
judgment. In Okoduwa and Another v. The State
(1975) 5 S.C. 23. Instead of recording his judgment
in writing and signing it and then pronouncing it at
the same time, Justice Omo-Eboh dictated the
judgment. The Supreme Court held that he was in
error.
(3) A judge could write the judgment after the close of
all evidence, subject to any amendment he may wish
to make on the bench during or after final addresses.
However, he must wait till after the final addresses
before he can deliver the judgment. R. v. Cobolah 10
W.A.C.A.283.
(4) Judgment must be given on every count, where there
are more counts than one. Also, if the judgment is a
judgment of conviction it shall specify the offence
for which and the Section under which the accused
is convicted and sentenced. See Section 269(2)
Criminal Procedure Code. In Yesufu v. The I G P
1960 L.L.R. 140 , the accused was charged with some
counts of stealing for which he was found guilty.
The Magistrate did not however specify the
particular kind of stealing he was talking about;
neither did the judge specify the punishment allotted
to such counts of which he found the accused guilty.

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Therefore, the accused was discharged and

acquitted. See also Aigbe v. The State (1976) NMLR
184. See however Bankole v. The State (1980) 1
N.C.R.334; Section 382 Criminal Procedure Code.
(5) The judge must convict the accused before sentence.
In Oyediran v. The Republic (1967) NMLR 122, the
judge did not convict the accused on some of the
counts before passing sentence. The sentence was
held null and void. It was also held that where there
are more than one accused a separate verdict must
be returned in respect of each accused person. For
this proposition, See Bankole v. The State (1980) 1
N.C.R.334 (supra); The Police v. Yesufu (1960)
L.L.R.. 140.
Note: Under the circumstances stated in Sections 169 - 179
Criminal Procedure Law and Sections 217 - 219 Criminal
Procedure Code, Section 236 ACJA, judgment may be
delivered on a charge for which the accused was not tried
e.g. where evidence led though insufficient for the
conviction of the offence charged but is none the less
sufficient for the conviction of lesser offence not charged.
Section 236 (2) ACJA: Nwachukwu v. The State (1985) 2
NWLR 27. It was held inter alia here that the accused is
necessarily deemed to have notice of the lesser offence
though not charged for it, where he has notice of the greater
or aggravated offence. Consequently, it does not amount to
denial of fair hearing. Parties need not also be called to
address before conviction.
Allocutus:
After conviction but before sentences, the accused

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shall be asked by the Registrar whether he has

anything to say why sentence should not be passed on
him according to law. Note that, omission to comply
with this requirement does not affect the validity of
the proceedings. Section 247 Criminal Procedure
Law; Section 197 (1) Criminal Procedure Code. The
purpose of Allocutus is to mitigate the punishment,
not a defence. In the North, the accused may at this
stage call witness as to his character if he has not
previously done so and the prosecution may thereafter
produce evidence of any previous conviction of the
accused. Section 197(2) Criminal Procedure Code,
Section 310 ACJA.
Note: (1) The trial Court is not obliged to record its reasons
for sentence though desirable. Ekpo v. The State (1982) 1
N.C.R. 34.
Postponement of Sentence:
The Court may postpone sentence and release the
accused on bail -Section 250 Criminal Procedure Act,
Section 198 Criminal Procedure Code, Section 311
ACJA. Under the Criminal Procedure Code, the
Magistrate by Section 257(1) is empowered to send
the accused to a higher Court for sentence if he is of
the opinion that he ought to receive a punishment
different in kind from or more severe than that which
such Court is empowered to inflict.
Taking other offences into consideration:
A Court may in passing sentence on an accused
person take into consideration any other charge that is
pending against the accused if (1) the accused admits

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the other charge and desires that it be taken into

consideration and if the prosecutor of the other charge
consents. Section 249 Criminal Procedure Law;
Section 258 Criminal Procedure Code, Section 313
ACJA.

Note: In the North, it is the A.G. that must consent.

Note: In taking another offence into consideration, a Court
must not pass a greater sentence than the maximum
sentence for the offence. When an offence has been taken
into consideration before sentencing, an accused shall not
be liable thereafter to be charged or tried in respect of any
such offence so taken into consideration. This is however
subject to Sections 182 to 194 Criminal Procedure Law or
unless the conviction, which has been had, is set-aside on
appeal. See also Section 313 ACJA subject to Sections 236
to 237 of the Act
The general effect of failure to comply with Sections 245
Criminal Procedure Law; 269 Criminal Procedure Code.
The effect will depend on the circumstances of the case. In
some cases, a retrial is ordered while in others the accused
is discharged and acquitted, where the accused had served
part of the sentence, he is usually discharged. In Ajayi v.
The State (1978) 1 L.R.N 260, the Appeal Court held that it
would be unjust to order a retrial because the appellant had
spent five months in prison. However, in Aigbe v. The State
(1976) NMLR 184, a retrial was ordered.
The circumstances under which a retrial will be ordered
include:
a) That leaving the error or irregularity in the

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proceedings, the evidence taken as a whole

discloses a substantial case against the appellant.
b) That there are no special circumstances as would
render it oppressive to put the appellant on trial a
second time.
c) That the offence (s) for which the appellant was
convicted or the consequences to the appellant or
any other person of the conviction or acquittal of
the appellant are not merely trivial.
d) That to refuse an order for retrial would occasion
a greater miscarriage of justice than to grant it.
See Abodundu v. The Queen (1959) 4 FSC. 70
Kajubo v. The State (1988) 1 NWLR 721 (Pt. 73)
721; Okoduwa v. The State (1988) 2 NWLR 333.
Adeoye v. State (1999) 6 NWLR (Pt 605) 74 See
generally Olutola v. UNILORIN (2005) All FWLR
(pt. 245) 1151

Punishment
Unless specifically fixed by law, the prescribed punishment
means the maximum punishment. It is not however
mandatory that it be imposed. In Slap v. The A. G.
Federation (1968) N.ML.R. 326 ; the punishment Section
provides that an offender shall be liable to a fine of 6 times
the value of the goods.
The Magistrate imposed a fine of 3 times the value of the
goods involved. It was held on appeal that the Magistrate
had discretion as to the punishment to give to an accused
person and if properly exercised, the appellate Court could
not disturb such discretion.
Note: There are some offences that carry mandatory
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sentence e.g. the capital offences.

Death sentence:
This is mandatory for capital offences. And the law is that
where sentence of death has been passed such sentence
shall only be carried out in accordance with the provision
of the law- Section 368 ACJA. Kalu v. State (1998) 13
NWLR (Pt. 583)531, Okoro v. State (1998) 14 NWLR (Pt.
584)

What is the form of pronouncing the Sentence?

It shall be pronounced as follows: -
"The sentence of this Court upon you is that you will
be hanged by the neck until you be dead and may the Lord
have mercy on your soul" -Section 367(2) Criminal
Procedure Law; Section 273 Criminal Procedure Code.
Note under the ACJA, Section 402 (2) it provides:
"The sentence of this Court upon you is that you will be
hanged by the neck until you are dead or by lethal
injection”
Effect of failure to comply with this form:
The Supreme Court has held that the judge is not bound to
comply strictly with the form although it is very desirable
as such failure may raise an apprehension in the mind of
the accused person that it could be carried out in another
way. Olowofoyeku v. The State (1984) 5 S.C. 192; Gano v.
The State (1968) 1 All NLR 353. In this case the Court said,
"Sentenced of death passed". It was held not to affect the
sentence.
See the Criminal Law and Procedure of the Southern States
of Nigeria by T. A. Aguda at p. 213 where it is said that

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"Failure of the trial judge to record sentence along the lines

of the provision of the Act is a mere clerical error which
the Supreme Court acting under Section 26(3) of the
Supreme Court Act would direct the trial judge to correct‟‟
See also Ejelikwu v. State (1993) 9.SC 152
Note: Death sentence in a case of armed robbery is by
firing squad.

General exceptions to death sentence:

(1) A pregnant woman shall not be sentenced to death
but in lieu she shall be sentenced to imprisonment
for life Section 368(2) Criminal Procedure Law;
Section 270 Criminal Procedure Code; Section 271
Criminal Procedure Code, Section 302(2) ACJL.
However, note under Section 404 ACJA, the
sentence of death shall be passed on a pregnant
woman convict, but the execution shall be
suspended until the baby is delivered and weaned.
(2) Young persons who have not attained the relevant
age at the time. Modupe v. The State (1988) 4 NWLR
(Pt.87) 130. The Supreme Court in this case held
that "by virtue of Section 368 Criminal Procedure
Act, if the evidence on record shows that at the time
the offence was committed, an accused charged with
capital offence has not attained the age of 17 years,
it will be wrong for any Court not only to sentence
him to death but also to even pronounce or record
such sentence."
The Court shall however in this circumstance detain such
young person at the pleasure of the President or Governor.
Section 368(3) Criminal Procedure Law, Section 272
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Criminal Procedure Code, Section 405 ACJA provides that

the Court shall sentence the child to life imprisonment or to
such other term as the Court may deem appropriate.
See Criminal Justice Miscellaneous Provision Decree 1966
for the relevant time.
Note: The issue of variation in the States as to the relevant
time for the age of the person involved. In Lagos, Cross
River and Rivers States the relevant time is at the time of
the commission of the offence. This appears now to be the
position nationwide-s. 302(3) ACJL.
Note:
(1) The sentence must be confirmed before
execution.
(2) After a sentence of death is pronounced on the
accused person, the judge shall as soon as
practicable transmit to the A.G. or Minister or
Commissioner designated to advice the President
or the Governor on the exercise of the
Prerogative of Mercy, a certified copy of the
record of proceedings and a copy of the
certificate of death. See also Section 408 ACJA;
Section 370(1) Criminal Procedure Law.
(1) Imprisonment.
(a) Imprisonment as a punishment for an offence may
be either with or without hard labour as the Court may
order subject to the express provisions of any
written law providing imprisonment as a punishment
for an offence. Section 377 Criminal Procedure Law.
(b) It may be ordered to commence at the expiration of a

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current sentence. Section 380 CPL. Section 418

ACJA. This provision anticipates that a competent
Court must have previously sentenced the
accused person different from the Court imposing
the new punishment. In R. v. Savage 20 NLR 55: it
was held that the new term could not be ordered to
commence at the expiration of more than one term of
imprisonment. The Court convicting on more than-
one count has power to pass two or more sentences.
But the aggregate shall not be more than 4 years or
the limit of the jurisdiction to punish. Note the new
Subsection 5 of Section 4 substituted for the old one
by Administration of Justice (Miscellaneous
Provisions Amendment) Law: 1981 Lagos State; See
also Sections 419 ACJA, 2015, See the case of
Quatey v. The Police (1957) NRNLR 38; Emone v.
The Police (1956) NRNLR 49; Fasusi v. The Police
(1953) 20 NLR. 126. See Section 24 Criminal
Procedure Code which allows a Court to impose up
to twice the maximum punishment it can ordinarily
impose.
(c) The Court has the general power to impose a fine,
See Section 23(1) Criminal Procedure Code. In
Magistrates' Courts the amount of fine to be imposed,
though shall be in the discretion of the Magistrate, it
shall not exceed the maximum fine the Magistrate is
authorised to impose by law. Section 382 (3), See The
Price Control Board v. Ezema (1982) 1 N.C.R. 7.
Note: (1) Where imprisonment is imposed in default of a
payment of fine, it will not exceed the limits under Section

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390(2) Criminal Procedure Law or Section 74 Penal Code.

See also Section 420 ACJA.
Where a written law prescribes a minimum period of
imprisonment, a fine in lieu cannot be substituted. Section
382(5) Criminal Procedure Law Section 23(5) Criminal
Procedure Code.
(2) Fines:
Limitation on amount. See Section 391 Criminal Procedure
Law-Goke v. The Police (1957) W.R.N.L.R.80 ., payment
may be made by installments. Section 392 Criminal
Procedure Law and Section 304(l)(b) Criminal Procedure
Code. Recovery of Fine by distress, See Section 398
Criminal Procedure Law and Section 30(1)(a) Criminal
Procedure Code, Section 434 ACJA.
For General power to order-imprisonment in default of
payment, see Section 390(1) Criminal Procedure
Law and Section 75 Penal Code, for limitation on term of
imprisonment. See s.390 (2) Criminal Procedure
Act and s.74 Penal Code. See also Sections 424 & 425
ACJA.
(3) Caning:
When may it be ordered? See Section 387 Criminal
Procedure Act and Section 77 Penal Code Number of
strokes, See Section 386 Criminal Procedure
Law and Section 77 Penal Code
For mode of application, see Section 386(1) Criminal
Procedure Law and Section 308 (5) Criminal Procedure
Code. Note the exclusion of women and men over 45 years.
See Section 385 Criminal Procedure Law and Section 308
(4) Criminal Procedure Code. "Note the-position in Rivers,

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Cross Rivers, Imo and Anambra States". However, it shall

be noted it appears that ACJL and ACJA did not make
provision on mode of and/or caning as CPA, CPC.
(4) Deportation:
When may it be recommended? See Section 404 Criminal
Procedure Law, what is the meaning of the term, deport?
See Section 402 Criminal Procedure Law.
Note: Section 41 of the 1999 Constitution See Alhaji
Shugaba Daraman v. The Federal Minister of Internal
Affairs and others (1981) 1 N.C.L.R. 25.
Note: Also second Schedule, Section 18 of the 1999
Constitution.

(5) Binding over:

For power to make the order, See Sections 300 and 309,
Criminal Procedure Law and Section 25 Criminal
Procedure Code.

(6) Conditional discharge:

See Section 435 Criminal Procedure Law

(7) Probation orders:

See Section '436 Criminal Procedure law & Section 453-
459 ACJA 2015.

(8) Police supervision:

For when it may be ordered, See Section 3 Prevention of
Crime Act, 1958. Note the effect of the order.

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(9) Compensation or restitution:

See generally, Section 270 Criminal Procedure
Law and Section 365 Criminal Procedure Code. See
Ogunlana v. The State (1995) 5 NWLR (Pt. 395) 266

(10) Payment of prosecution costs:

See Section 225(1) Criminal Procedure Law and Section
365(1)(a) of Criminal Procedure Code.

(11) Compensation for vexatious and frivolous

prosecution:
See Section 256 Criminal Procedure Law and Section 166
Criminal Procedure Code. See also The Tiv N.A. Police v.
Umango In Re Abam (1969) 1 All NLR 250.

(12) Haddi lashing:

This type of punishment is available in the North only.
Even then, the Court can only mete it out on those who are
subject to the Moslem faith and have committed the
following offences i.e. adultery, injurious falsehood;
imbibing alcohol and defamation. See Sections
387,388,393 of the Penal Code. See also Criminal
Procedure (Haddi Lashing) Order in Council 1960.
For the mode of execution of the sentence, see Section
307(1) of the Criminal Procedure Code.
Note also that Haddi Lashing as a form of punishment is
essentially directed towards subjecting a convict to disgrace
rather than infliction of pain.

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(13) Parole
It is the temporary or permanent release of a prisoner
before the expiry of a sentence, on the promise of good
behavior. See Section 468 ACJA. However, both CPL and
CPC make no provision on it, but both codes provide for
Binding over or Probation as provided under CPL, which is
the release of an offender from detention, subject to a
period of good behaviour under supervision. See Section
435 CPL. & Section 300 CPC.

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CHAPTER FIFTEEN
APPEALS

OUTCOMES
At the end of the lesson students would be able to:
1. Explain the basis of Appeal and appealable
decisions.
2. Explain the appeal procedure from the Magistrate
Court up to the Supreme Court.
3. Identify the power of a Court to hear appeals and a
right of a person to appeal in a criminal matter.
4. Explain the effect of the Court of Appeal and
Supreme Court Practice Directions on criminal
appeals.
5. Draft Notice and Grounds of Appeal
6. Prepare and argue an application for bail pending
appeal
7. Explain abandonment of appeal; abatement of
appeal; additional grounds of appeal and additional
evidence on appeal.
8. Prepare Briefs of Argument. (Note the Court of
Appeal and Supreme Court Practice Directions on
criminal appeals.)
9. Identify the orders the Court may make after
hearing an appeal.

CONTENTS
1. What is an appealable decision and who may appeal
against a decision of a Court in a criminal matter?

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2. How is the appeal process commenced? – Notice

and Grounds of Appeal (this would involve the
procedure in each Court with appellate jurisdiction)
3. Time within which to appeal from the decision of a
Court and effect of failure to appeal within time.
(Application for leave to appeal out of time may be
discussed here).
4. The Court of Appeal and Supreme Court Practice
Directions on criminal appeals.
5. Drafting of Notice and Grounds of Appeal upon
which an appellant may appeal against the decision
of a Court as well as the constitution of a Court to
hear appeals. (This should be discussed in line with
constitutional provisions as well as the laws and
rules of the various Courts).
6. Bail pending appeal
7. Abandonment of appeal, abatement of appeal,
additional grounds of appeal and additional evidence
on appeal.
8. Hearing of the Appeal. This includes filing of briefs
of argument in the Court of appeal and the Supreme
Court.
9. Orders that the Court will make on appeal.

Right of Appeal
A right of appeal is created by statute and where there is no
provision for appeal in the statute creating rights of
appeals, no such right exist. See Nunku v. The Police 15
W.A.C.A. 23; R. v. Grantham (1969) 53 C.A.R. 369;

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Boardman v. The Sokoto N. A. (1965) NMLR 329; Ugwu v.

The Attorney-General East Central State (1975) 6 S.C. 13.

APPEALS FROM MAGISTRATES COURTS:

The Accused:
Quare: What is the basis of the right of appeal by an
accused to the High Court? There is no equivalent of
Section 125 of the 1963 Constitution in the 1999
Constitution.
See also Magistrate and High Court Laws of the States.
Note Section 279(1) Criminal Procedure Code. Will leave
be required in some cases? There is no provision
prescribing this, but see Nwankwo and Another v. The
C.O.P. (1980) 2 N.C.R. 760. Can a person who pleaded
guilty appeal against conviction and or sentence? See
Essien v. The King 13 W.A.C.A. 6; Stephenson v. The
Police (1966) 2 ANLR 261 . Note upon a plea of guilty, the
prosecution should go ahead and present all the facts
constituting the offence and the accused must also admit
them. A conviction on a plea of guilty without compliance
with this procedure is wrong. Consequently, an accused can
appeal on this.

(1) The prosecutor:

He may appeal as of right against the decision of a
Magistrate in the following cases:
(a) Where an order of acquittal or discharge has been
made, on the ground that the order is erroneous in
law that the proceedings or any part thereof is in
excess of jurisdiction. See Section 57 Magistrate's

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Court Law (Lagos) 2004 and Section 279(2)

Criminal Procedure Code.
(b) Where a Magistrate has imposed a sentence below
the minimum or above the maximum permitted by
law. See Section 57(b) Magistrate's Court Law
(Lagos) 2004. No right of appeal in other cases
e.g. inadequacy of sentence or punishment or
against grant of bail See The Police v. Noma
(1973) N.N.L.R. 65; The Police v. Aminu Sani
(1975) All N. L.R. 224.

Who may appeal?

A person who is neither the prosecutor nor the accused
cannot appeal either as of right, or with leave, See Akinbiyi
v. Adelabu (1965) 1 F. S.C.45. See also the Section 485 (2)
& (3) ACJA as it relates to appeals from Magistrate in FCT
to FCT High Court Abuja.
Appeal and Case Stated:
An appeal is different from case stated which can take
place either before or after judgment. Note the other
prerogative order that may be made by Court on the
application of an efficient applicant.
Before the judgment
(1) The Attorney - General may at any stage before
judgment direct a Magistrate to refer a point of law
arising from the trial for opinion of the High
Court. See Section 65 Magistrate's Court Law
(Lagos) 2004.
(2) Either party to the proceedings may request a
Magistrate to refer (or he may on his own refer) a

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question involving substantial points of law on

interpretation of the Constitution to the High
Court. See Section 259 of the 1999 Constitution.
(3) The Magistrate may in his discretion refer a
question of law for the decision of a High Court.
See Section 65 Magistrate's Court Law (Lagos)
2004; R. v. Eze (1950) 19 N.L. R. 110.

After Judgment:
The Attorney - General may within 6 months of a judgment
direct the Magistrate to state a case thereon for the decision
of the High Court, see Section 66 Magistrate's Court Law
2004.
Note: Appeal must also be distinguished from application
for prerogative orders of habeas corpus and certiorari. See
The State v. Falade (1971) 2 All NLR 219.

Time for Appeal:

Appeal to be lodged within 30 days of the decision. After
that period, a leave of the High Court would be needed to
bring an appeal. Section 485 ACJA,

Mode of application for leave:

This shall be by motion supported by affidavit giving
reasons why the appeal was not brought within time. See
Order 2 (Part 1) Rule 14, High Court of Lagos Appeal
Rules 2004. Reasons for lateness must be stated otherwise,
it shall not be entertained. See Moses v. Ogunlabi (1975) 4
S.C. 81. Where application is refused, appeal shall lie to the
Court of appeal.

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Notice of appeal:
Notice of appeal must be given to the Registrar of the
Magistrate's Court under Section 58(1) Magistrate's Court
Law 2004. Section 280 (1) CPC
The notice shall be in writing signed by the appellant or his
counsel. See Order 3 (Part 1) Rule 2, High Court of Lagos
(Appeal) Rules 2004.
Under the Criminal Procedure Code, Section 280 (1) the
notice may be given verbally in Court or to the Registrar, in
which case it shall be reduced into writing by the Registrar
and shall be signed by the appellant or his legal
practitioner. See Section 281(1) Criminal Procedure Code.
Note: Enweliku v. The State (1970) All NLR 55.

Grounds of appeal:
Grounds upon which an appeal can be brought are
contained in the High Court of Lagos State (Appeal) Rules,
Order 2, Part 1, Rule 9 and , Section 485 (9) (a-i), the
grounds are identical under the laws, save that grounds C
and D of the rules are omitted in Criminal Procedure Code
and Administration of Criminal Justice Act 2015. No other
ground is permitted. Grounds must be set out in the notice
of appeal and any ground not so set out cannot be argued.
See Rule 21. When leave to appeal out of time is being
sought in the High Court, the grounds of appeal must be
contained in the application. Where record of proceedings
is not received within time for appeal, leave must be sought
before putting in additional grounds of appeal. See Ebott v.
The Police (1958) 3 F.S.C 37; West v. The Police 20 NLR
71.

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The appellant shall apart from stating the grounds of

appeal, set out for each ground of appeal in a separate
paragraph each error, omission, irregularity, or other matter
on which he relies or of which he complains, with
particulars sufficient to give the respondent due notice
thereof. See order 2, Part 1, Rule 9, paragraph 2, See also
Section 282(1) Criminal Procedure Code & Section 485 (8)
ACJA.
Note: Ground of appeal shall be struck out for non-
compliance. See R. v. Mensah 13 WACA. 140.

Payment of fees:
Where appellant is not a public officer, he must pay the fee
for filing the appeal and such amount as is deemed
sufficient by the Court to produce sufficient number of
certified typewritten copies of the record of proceedings to
supply each respondent and the Court. They may however
remit the fee in whole or in part on the ground of the
appellant's poverty or for other sufficient cause. Order 2
Part I Rules 3 and 4. Under Section 276 Criminal
Procedure Code and Section 488 ACJA, while the accused
is entitled to request a copy of the judgment free of charge
but shall pay for the provision of the record of the
proceedings.

Security to prosecute appeal:

The appellant shall enter into a bond with or without surety
as the Magistrate may direct to prosecute the appeal with
diligence and to abide by the result thereof including the
payment of costs if any. See Order 2, Part 1, Rule 5 High

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Court Appeal Rules 1994, See also Section 283 Criminal

Procedure Code.

Abatement of Appeal:
A Criminal Appeal, other than an appeal against a sentence
of fine shall abate on the death of the appellant. Section 64
Magistrate Court Law 1994; Section 291 Criminal
Procedure Code. See also R. v. Rowe (1955) 39 Cr. App.
Rep. 57.

Abandonment of appeal:
An appellant may abandon his appeal by giving a written
notice of abandonment signed by himself or his counsel to
the registrar of the Court below not less than 2 days before
the date fixed for hearing. The latter shall immediately
notify the High Court Registrar of the abandonment of the
appeal and the Magistrate may award costs to the
respondent. Order 2 Part I Rule 13. Note: Awojobi v.
Ogbemudia (1983) 8 S.C 92.

Hearing of appeal:
The notice of the time and place of the hearing of the
appeal shall be served by the Registrar of the High Court
on all the parties to the appeal. Note: onus is on the Court
to be satisfied about service of hearing notice on parties.
See Alhaji Launi v. Ezeadua (1983) 6 S.C. 370.

Where appellant who is in custody has retained a legal

practitioner, he is not entitled as of right to be present at the

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hearing of the appeal unless so ordered by the High Court.

Section 40 H.C. (Lagos) Law.

Summary dismissal of appeal:

The High Court may, having received and perused record
of proceedings, and the notice and the memorandum of
appeal, dismiss the appeal summarily after giving appellant
or his counsel an opportunity of being heard. Section 36
H.C. (Lagos) Law 2004. Where appeal is summarily
dismissed, no detailed judgment needs to be given.

The respondent shall reply to the grounds of appeal argued

by the appellant and to other grounds as may be directed by
the Court. After this, the appellant shall be given a further
opportunity to reply to any point(s) made by the
respondent.

Additional evidence on appeal:

Where the Court considers it necessary or expedient in the
interest of justice, it may allow additional evidence to be
adduced on appeal or may refer the case back to the
Magistrate to take such evidence and adjudicate afresh in
the light of the evidence or report its findings on such
evidence to the Court, Abiola & Ors. v. The Police (1961)
All NLR 815; Contrast Ariran v. Adepoju (1961) 1 All NLR
72. See also Oladipupo v. State (1993) 6 SC (pt 2) 233.
An appeal Court should only admit fresh evidence in
exceptional circumstances where to do so would not mean
a rehearing: R. v. Oton 12 W.A.C.A. 212; R. v. Rowland
(1947) K.B 460 32 C.A.R. 29.

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Powers of the Appeal Court:

See Sections 166 and 168 Criminal Procedure Law; Section
288 Criminal Procedure Code and Section 38 High Court
Law. Notwithstanding that the ground of appeal succeeds
the Court may dismiss the appeal if it feels that no
substantial miscarriage of justice has occurred. No formula
can be laid down to determine occasions when the Court
will invoke this provision which has been stated to prevent
the quashing of a conviction on a mere technicality which
had caused the appellant no embarrassment or prejudice.
It was invoked in R. v. ljoma (1962)1 All NLR 399; Edun v.
The Police (1966) 1 All N.L.R 43; R. v. Acida 13 W.A.C.A.
48.
Where there is an appeal against conviction and sentence
and the ground of appeal fails the Court may:
(a) Affirm the conviction and sentence; or
(b) Affirm the conviction but alter the sentence by
reducing, increasing, or altering the nature of it.
Where the sentence is increased it shall not be increased
above the maximum that the trial Court can impose. Nwobu
v. The Police (1963) N.NLR 9.

APPEALS FROM HIGH COURT TO THE COURT

OF APPEAL
Appeal lies from decisions of the State High Court or
Federal High Court to the Court of Appeal which is created
by Section 237 of the Constitution of the Federal Republic
of Nigeria 1999.
Note the instances when an appeal shall lie from decisions
of a High Court to the Court of Appeal as of right. See

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Nafiu Rabiu v. The State (1980) 2 N.C.R. 117; (1980) 8 -11

S.C. 130.
Subject to these an appeal shall lie from decisions of a High
Court to the Court of Appeal with the leave of the High
Court or the Court of Appeal by Section 242
Constitution of the Federal Republic of Nigeria 1999.

Exercise of right of appeal from High Court:

Any right of appeal to the Court of Appeal from the
decision of the High Court shall in the case of Criminal
proceedings be exercisable at the instance of an accused
person or at the instance of the Attorney-General of the
Federation or of a State. See Nafiu Rabiu v. The State
(1980) 2 N.C.R. 117; (1980) 8 -11 S.C. 130. (supra). As to
who are the aggrieved parties in Criminal proceedings, See
The Attorney-General of Kaduna State v. Hassan (1985)2
N.W.L.R. 483.(supra).

Procedure for appeal:

The accused or other authority appealing shall give notice
of appeal or notice of application for leave to appeal. Such
notice shall be signed by the appellant himself, See Court
of Appeal Rules 2016 , Order 17, Rule 2-4, Ikechukwu v.
FRN (2015) AFWLR (Pt. 781) 1511 (S.C) . joint notice of
appeal incompetent Uwazuruike v. FRN (2007) 8 NWLR
(Pt. 1035)1
The period for giving notice of appeal or notice of
application for leave to appeal is 90 days from the date of
decision appealed against. See Section 1 of Court of
Appeal Amendment Act 1979. See also S. 24 Court of

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Appeal Act (2010 Amendment), if leave is required

application for the leave serves as Notice of Appeal if
granted. O.17 R.7 CAR 2016 .
Note that application can be made for extension of time
within which to appeal to the Court of Appeal in all cases.
See Kema v. The State (1986) 1 NWLR 396. See also
Section 25 Court of Appeal Act 1976 as amended by
Section 6 Court of Appeal (Amendment Act No 7, 1982).
Where the application for leave to appeal is made to the
High Court first a further period of 14 days shall be
allowed from the date of the determination of the
application by the Court below to make another application
to the Court of Appeal. The application for leave must be
made by Motion on Notice, which must be supported by an
affidavit exhibiting the grounds of appeal.

Filling of briefs of argument:

Appellant's brief
See generally Order 19, Court of Appeal Rules 2016.The
appellant shall within 45 days of the receipt of the record of
appeal from the Court below file in the Court below a
written brief, being a succinct statement of his argument on
appeal. See Order 19. Rule 2. Note the Court of Appeal
(Fast Track) Practice Direction 2014 of swift disposition of
appeals, particularly those mentioned as fast track cased
under Section 5 of the practice direction. Appellant ‟s Brief
must be file within 15 from the date of transmission of the
record, Section 8 (3).
The brief shall contain an address or addresses for service
and shall contain what are in the appellant's views the

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issues arising in the appeal. Also, the number of pages and

character and font size were all provide for by the new
practice direction. S. 8 (2) (a)-(d).

Respondent's brief:
The respondent shall within 30 days of service of the brief
of the appellant on him, file the respondent's brief which
shall be duly endorsed with address or addresses for
service, see Order 18, Rule 4(1). Also note the provision of
Section 8 (5) the Court of Appeal (Fast Track) Practice
Direction 2014 on time to file Respondent ‟s Brief has been
reduced to 10 days.

Reply brief:
The appellant may also if necessary, within 14 days of the
service on him of the respondent's brief, but not later than 3
clear days before the date set down for the hearing of the
appeal, file and serve or cause to be served on the
respondent a reply brief which shall deal with all the new
points arising from the appellant‟s brief. See order 6. Rule
5. A reply brief is filed only when an issue of law raised
in the respondent's brief calls for a reply. See also S. 8 (7)
C.A (Fast Track Practice Direction 2014. Nwali v. State
(1991) 3 NWL.R (pt. 182) 663. See S.

Oral argument:
Oral argument will be allowed at the hearing of the appeal
to emphasize and clarify the written argument contained in
the briefs already filed in Court. Unless otherwise directed,
one hour on each side will be allowed for argument. See

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Order 19 Rules 9(1) and (3). However, by Section 8 (8) of

the 2014 Practice Direction in all Fast Track case no oral
argument is allowed except the Court may request
clarification.

Effect where no notice of appeal was filed:

Where a notice or appeal was not filed, the appeal will be
struck out for being incompetent. See Amusa v. The State F
C.A./I/49/80 of 6/7/81.
Where however, a notice of appeal was given on a wrongly
headed form, the Court of appeal will waive the rules.
See Etuk Udo v. The State (1981) 6 S.C 157.

Constitution of the Court of Appeal:

Not less than 3 Justices of the Court for the hearing and
determination of any appeal must constitute the Court of
Appeal. See Section 247 Constitution of the Federal
Republic of Nigeria 1999.
Each justice of the Court of Appeal shall deliver his
judgment in writing or may state in writing that he adopts
the opinion of any other justice who delivers a written
judgment or opinion but shall not be necessary for all the
justices who heard a case to be present when Judgment is to
be delivered, but the opinion of such justices may be read
by any other justice.

APPEALS FROM THE COURT OF APPEAL TO

THE SUPREME COURT
The Supreme Court shall, to the exclusion of any other
Court of law in Nigeria hear and determine appeals from

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the Court of Appeal. Section 233(1) Constitution of the

Federal Republic of Nigeria 1999. An appeal shall lie from
decisions of the Court of Appeal to the Supreme Court as
of right in the following cases:
(a) Where the ground of appeal involves questions of
law alone, decision in any civil or Criminal
proceedings before the Court of Appeal.
(b) Decisions in any civil or Criminal proceedings on
questions as to the interpretation or application of
the Constitution.
(c) Decisions in any civil or Criminal proceedings on
question as to whether any of the provisions of
Chapter IV of the Constitution is being or is likely
to be contravened in relation to any person.
(d) Decisions in any Criminal proceedings in which
any person has been sentenced to death by the
Court of Appeal or in which the Court of Appeal
has affirmed the sentence of death imposed by any
other Court.
(e) Such other cases as may be prescribed by any Act
of the National Assembly.

Appeal procedure:
Procedure for filling appeal or application for leave to
appeal is substantially the same as for the Court of Appeal.
Also on receipt of the record of appeal from the Court of
Appeal, the Appellant shall file in the Supreme Court
within ten weeks of such receipt a brief being a succinct
statement of his argument in the appeal. Such brief must be
served on the respondent. The brief which may be settled

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by counsel shall contain what are in the appellant's view the

issues arising in the appeal (Order 9. Rule 3). Supreme
Court Rules, 1985.

The respondent shall file in Court and serve on the

appellant his own brief within eight weeks after service on
him of the brief of the appellant.
The appellant may also file in Court and serve the
respondent a reply brief within four weeks after service of
the respondent's brief on him.

Constitution of Supreme Court:

The Supreme Court shall be duly constituted for hearing
and determination of an appeal if it consists of not less than
five justices of the Court. See Section 234 of the
Constitution. See also Section 10 of the Supreme Court
Act, Cap. 424, Laws of the Federation of Nigeria, 1990.
However, the Court shall be constituted as a full Court,
where it is sitting to consider an appeal brought under
Section 233 (2)(b) or (c) of the Constitution. See Section
234 of the Constitution. Seven Justices are required to
constitute a full Court.

Opinions of Absent Justices of the Court:

"Any justice of the Supreme Court (who heard any cause or
matter) can after a decision has been arrived at by all the
justices, pronounce the opinion of another justice, who for
one reason or another, is unable to reduce his opinion into
writing or be present when the judgment in the case is
being delivered by each of the other justices". Per Fatayi

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Williams C J.N. in Attorney- General of lmo State v. The

Attorney-General of Rivers State (1983) 8 S.C. 10.

Filing of Notice of Appeal

The period within which to appeal against the judgment of
the Court of Appeal to the Supreme Court is thirty days.
See Section 27(2)(b) Supreme Court Act Cap 424, Laws of
Federation of Nigeria, 1990. However, by Section 31(4) of
the Supreme Court Act, where the Notice of Appeal has not
been filled within the prescribed period, application can be
made to the Supreme Court for extension of time within
which to file the Notice of Appeal. Upon genuine reasons
being shown for the delay, the Supreme Court may grant
such extension. Until 1989, it was not possible to apply to
the Court for extension of time, in a case of conviction
involving sentence of death. But by the Supreme Court of
Nigeria (Amendment) Decree No. 16 1989, Section 31(4)
of the Supreme Court Act, 1960 was amended. The
amendment allows for extension of time in all cases
including a case of conviction involving sentence of death.
See also Section 27(4) Supreme Court Act.

Presence of the Accused at hearing of Appeal

An accused is not usually under a legal obligation to be
present at the hearing of his appeal at the Court of Appeal.
Where judgment is given and the accused is not present,
time of filing notice of appeal does not begin to run until he
is notified in the prison custody. If after notification, he
hands over his notice of appeal to the prison authorities, it
is immaterial that the prison authorities delayed in filing the

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notice at the Court registry. By Section 30(1) Supreme

Court Act, if he desires it, he shall be entitled to be present.
Note however the exceptions contained in Section 30(1)
Supreme Court Act. In any event, the accused shall bear all
expenses of and incidental to his transfer to and from the
place where the Court sits. See Section 30 (6) of the
Supreme Court Act.

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APPENDIX 1

SCENARIO (CHIEF DEDE)

Following a complaint by Chief Dede, a political rival of
Alhaji Atutuwa that the latter has a fake currency printing
machine in his house, Inspector Adetola issued a search
warrant to corporal Ado to proceed to Alhaji Atutuwa's
house at No. 5 Oduwole Street, Kaduna for purposes of
conducting a search on the premises and to remove the
machine. At 11.00 pm on 10th September, 2009, Cpl Ado
proceeded to the house of Alhaji Atutuwa. On arrival, he
discovered that the gate of the house was firmly locked.
Without a word to anyone, he kicked the gate and the gate
fell. Only Mrs Atutuwa, a muslim woman in purdah was in
the house.
Cpl Ado was informed by Mrs Atutuwa that Alhaji
Atutuwa had travelled to Kano. Cpl Ado entered into every
room in the house as well as the whole compound. Not
finding anything, he asked Mrs Atutuwa to lead him to her
bedroom which she did obediently. Cpl Ado searched all
her boxes but found nothing incriminating. He thoroughly
searched the body of Mrs. Atutuwa. Finding a golden ring
from her brazier which Cpl Ado suspected to be stolen, he
handcuffed her immediately and took her to the police
station where she was detained for 3 days. Her application
for bail to the police was refused on the ground it was a
shame for a muslim woman to steal.

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APPENDIX 2

SCENARIO (ENE AGBO)

Mrs. Ene Agbo went to Unity Bank, Bwari to withdraw
some money. On her way out of the Bank, she flagged a
motorcycle rider at the JAMB gate to take her to the Law
School. She climbed the bike and the rider rode past the
Law School gate towards Kuchiko village. Mrs. Agbo tried
to stop the rider but he increased the speed of the bike.
About 2 kilometers away from the Law School gate, the
rider, Mr. Ikpo, turned into a bush path and stopped.
Suddenly, a young man came out from a nearby bush and
joined Ikpo and with no resistance, Mrs. Agbo was
dispossessed of her N20,000. The duo climbed the same
bike and zoomed off. Mrs. Agbo reported the incident to
the police at the Bwari Police Station. The police have
arrested Ikpo and one Burago for the alleged crime. On
invitation by the police, Mrs. Ene Agbo came to the police
station and subsequently the police brought out Ikpo and
Burago from the cell for Mrs Ene to identify if they were
the culprits. Mrs Ene Agbo immediately identified them as
those responsible for the crime.

Mr Ikpo and Burago made separate statements to the police

where they both denied committing the offence but stated
that they were with their friends at Jollywell Hotel in
Wuse, celebrating. A brother to Burago, Alhaji Mohammed
briefed a lawyer, Chris Bamba to apply for police bail. The
application for bail was refused on the ground that the
suspects were notorious criminals. The duo has been
arraigned before the court. Meanwhile, Burago is an out-
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patient at the Gwagwalada Specialist Hospital where he has

been undergoing treatment for renal failure. His counsel
intends to make an application for bail.

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APPENDIX 3
RAMPAM ALE CHE NU SCENARI O
THE STATE - COMPLAI NANT
VS
1. RAMPAM ALE CH E NU}
2. MUSA UGOCH UK WU } - ACCUSE D
Background Story
Rampam Alechenu, Musa Ugochukwu and Igho
Adetokunboh are OND 1 students of the DORBEN
Polytechnic, Bwari. They jointly paid for and occupied a
one bedroom flat at the One Love Housing Estate along
Nigerian Law School Road, Bwari. On 20th march, 2007,
Hon Justice Silas Adetokunboh of the Lagos division of the
Court of Appeal decided to visit his son Igho at the estate
after the law dinner at the Nigerian Law School
Headquarters, Bwari. He was informed that Igho left the
quarters a month previously and had not returned.
The matter was reported at the Bwari Divisional Police
Headquarters consequent upon which Rampam Alechenu
and Musa Ugochukwu were arrested. Upon arrest,
Rampam Alechenu informed the police that at all times
material to the case, he was away attending a workshop in
Lagos. Musa Ugochukwu on his part claimed he knew
nothing about the sudden disappearance of Igho but that a
few days before his disappearance, Igho and his girlfriend,
Ego Ikpotu were discussing about travelling to Canada.
Ego is now in Canada but nothing is heard from her
concerning Igho. Rampam and Musa have been charged
and have been standing trial for the murder of Igho.

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The only evidence against the accused persons was the

unexplained absence of Igho. The prosecution called 25
witnesses all of whom testified that the trio were together
on 20th February, 2007, the day Igho was last seen. A
submission of no case to answer was made on behalf of the
accused persons at the close of the case for the prosecution
which the Trial Judge dismissed without much ado.
Rampam entered upon his defence and called 45 witnesses
all as to his good character alone. Musa on his part, refused
to give evidence. Final addresses were concluded on 12
December 2007 and the judge adjourned to 30th February
2008 for Judgment. The court did not sit again until 16th
June 2008 when the Learned Trial Judge, Hon. Justice
Maza Maza Suuso delivered the considered judgment of
the court in the following terms:
Judgment
This is the judgment of this court. But before I go further,
may I request counsel to confirm that the name of the 1st
accused is Musa Ugochukwu and that 25 witnesses
testified for the prosecution while 45 testified for the
defence. This inquiry is absolutely necessary because
according to my religious faith I must do justice in any case
that involves life and death. May I also mention that the
judgment of this court could not be delivered as scheduled
because of the partial stroke of the left brain which I
suffered on 3rd January 2008 I had to take some time to
regain my memory. Thank God I am perfectly alright now.
Now back to the judgment of this court. When this case
came up for hearing on 10th August 2007, the prosecution
called 25 witnesses. At the close of the prosecution‟s case a

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no case submission was made on behalf of the 2 accused

persons. I rightly overruled the submission because it
would amount to insanity to uphold a no case submission
where 25 witnesses have testified in a murder case. Let me
mention at this stage that I believe the evidence of the
prosecution witnesses. After the no case submission was
overruled, the 1st accused entered upon his defence and
called 45 witnesses who testified as to his impeccable
character. Even a Maigadi without any proper training
would believe the testimony of these witnesses because 45
witnesses cannot come to court and lie consistently on one
point. I cannot believe any less.
For the avoidance of doubt, I find the case of murder not
proved against the 1st accused and he is hereby discharged
and acquitted. However, under the law, I have powers to
convict an accused person for a lesser offence. See
st
Nwachukwu v. The State. I hereby convict the 1 accused
person for conspiracy.
For the 2nd accused person, the evidence against him is
overwhelming. In fact his refusal to testify after his no case
submission was overruled is, in law, itself a testimony
against him. Let me also mention that his silence was not
only rude but also contemptuous. His counsel identified
two issues: one, whether there is evidence that the deceased
died. Two, whether there is any evidence linking the
accused to the death of the deceased if he ever died. Three,
whether my failure to take evidence in long hand or
through any other source does not deprive me of the
opportunity to have full account of all the evidence led
before me.

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Let me say without any fear of contradiction that I barely

stopped short of asking for the call to Bar Certificate of the
learned counsel because I cannot believe that a lawyer of
over 10 years standing can argue in this manner. But for
purposes of setting the records straight let me put the law in
perspective. On the 1st issue whether the deceased died, I
must say that the law is well settled that if a person is away
for a reasonably long period without being heard of by
those who should ordinarily hear from him, he is presumed
dead. I consider 6 months reasonable time. It is elementary
and I cannot waste precious time on this point. On the 2 nd
issue whether the 2nd accused is linked to the murder of
the deceased, the position of the law which has been long
established is res ipsa loquitor meaning the thing speaks
for itself. The fact that the deceased was last seen with
accused is conclusive of that fact.
The last issue merits no comment as there is no legal
authority requiring me to take note of evidence or to write
down a judgment from a common source or at all. What is
important is that I can remember all that transpired in my
court.
On the whole, the 2nd accused person is hereby sentenced
to death by firing squad. As a deterrent to other liars, he is
also to be given 12 strokes of the cane before execution of
the sentence of death.

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APPENDIX 4

QUESTION 3
Muazu Sule had been driving Alhaji Aminu Keffi
diligently for over five years. On August 21, 2000, Sule
was approached by one Ahmed Kwali (a Clerical staff of
Alhaji Keffi‟s) to remove a cheque leaf from Alhaji keffi‟s
cheque book. The plan was that Kwali would forge
Alhaji‟s signature on the stolen cheque leaf and insert a figure
thereon. They were to present the cheque at his bank,
Union Bank Plc, Wuse, Abuja, collect the money and share
it equally. Sule obliged and on September 30, 2000, the
cheque leaf was presented and with it they collected the
sum of ₦100,000.00. Two days later, they were arrested
and the Hon. Attorney- General of the Federation has asked
you, a principal state counsel, to draft the charges.
SECTION 96(1) PENAL CODE
“When two or more persons agree to do or cause to be
done”.
i) An illegal act; or
ii) An act which is not illegal by illegal means, such an
act is called a criminal conspiracy.
SECTION 97(2) PENAL CODE
“Whoever is a party to a criminal conspiracy other than a
criminal conspiracy to commit an offence punishable as
aforesaid shall be punished with imprisonment for a term
not exceeding six months or with fine or with both”.
SECTION 362 PENAL CODE
“A person is said to make a false document -

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(a) “Who dishonestly or fraudulently makes, signs, seals or

executes a document.... with
the intention of causing it to be believed that such
document was made, or signed by the authority by whom
he knows it was not made at a time at which he knows it
was not made …..‟.
SECTION 364 PENAL CODE
“Whoever commits forgery shall be punished with
imprisonment for a term which may extend to fourteen
years or with fine or with both”.

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APPE NDI X 5

QUE STI ON 5
On November 2, 2000, two commercial motor cycle riders
(otherwise known as “Okada Riders"), Umaru Obi and Ehi
Shehu (both carrying passengers) in a convoy manner,
meandered recklessly and menacingly through traffic at the
Julius Berger roundabout, Abuja. Their motorcycle
registration numbers were XLI4 GWA and XD 35 KWL
respectively. In the process, they went under a Mercedes
1414 truck with registration number XA 22 ABJ,
driven by Mallam Abass Yaya, who was in fact oblivious
of their antics because they went under from the rear
of his truck.
One of the passengers, Miss Rose Ogun (driven by Obi)
died on the spot. whilst Obi, Shehu and Mr. Joe Ejembi
(driven by Shehu) all sustained injuries. Mallam Yaya was
immediately surrounded by about fifty other Okada riders
gathered in sympathy with their colleagues. He was badly
beaten by them and was saved by the arrival of a team of
Mobile Policemen. Three of the erring riders (Rex Bola,
Ben Kio and Aliyu Garki) were arrested by the police.
They are to be tried with Umaru Obi and Ehi Shehu at the
Wuse Chief Magistrate Court, presided by His Worship,
Mallam Sabo Suleja, Chief Magistrate Grade I.
Draft the charges.
THE LAW
SECTION 5, FEDERAL HIGHWAYS ACT, 1971
“Any person who causes the death of another person by the
driving of a motor vehicle on a Federal Highway
recklessly, or at a speed or in a manner which is dangerous
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to the public, having regard to all the circumstances of the

case … shall be guilty of an offence and liable on
conviction to imprisonment for a term of seven years”
SECTION 6, FEDERAL HIGHWAYS ACT, 1971
“Any person who drives a motor vehicle on a Federal
Highway recklessly or negligently, or at a speed or in a
manner which is dangerous to the public, having regard to
all the circumstances of the case shall be guilty of an
offence and liable on conviction to a fine of four hundred
naira or to imprisonment for two years or to both such fine
and imprisonment”.
SECTION 265, PENAL CODE
“Whoever assaults or uses criminal force to any person
otherwise than on grave and sudden provocation given by
that person, shall be punished -
(b) If grievous hurt is caused to any person by such assault
or criminal force, with imprisonment which may extend to
three years or with fine or with both”

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APPE NDI X 6

SUGGE STE D ROLE PLAY ON CLI E NT COUNSE L

INTERVIEW
ALH BABA
1 ALH Baba Good night oga lawyer, I am in big trouble
3 My brother has committed rape again
5 He was involved in a case of rape while at the university
and now they have arrested him for rape again.
7 The police
9 The police from Bwari police station
11 He was arrested yesterday at 6:30pm
13 Three police women came to the house and when my
brother was identified to them, they arrested him, searched
him and took him away.
15 No
17 No Lawyer, I hope that the fact that you know that my
brother has committed rape before will not stop you from
helping me
19 Thank you so much, lawyer
COUNSEL
2 Calm down Alh. Baba and good morning. Just tell me
what the problem is.
4 What do you mean by committed rape again?
6 Who are they that arrested him?
8 The police from which police station
10 When was he arrested?
12 How was he arrested?
14 Did they find anything when they searched him?
16 Was he convicted of rape arising from the incident at
the university?
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18 No, the fact that you or any other person thinks that he
is guilty, will not stop me from defending him.
20 Don‟t worry. I shall proceed to the police station to
confirm the allegation against him and secure his release.
We shall send our bill to you as usual.

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APPE NDI X 7

CRIMINAL MOOT TRIAL SCENARIOS

CASE STUDY 1
Angela Idoko is a clerical officer at the Admissions office
of the Nigerian Law School, Bwari, Abuja. Because of the
volume of work during the period of admissions in
September, Angela has had to work late into the night,
closing sometimes as late as 10 pm. On the 17th
September, 2009, Angela closed from the office at about 11
pm. The following day, when she reported in the office, the
cleaner, Mrs. Amina Bello informed Angela that she
did not see the desktop computer with which Angela
worked the previous night. Angela was the last person to
leave the office on the 17th September, 2009.
Angela screamed and yelled at Amina accusing her of
stealing the computer. The security department was alerted
and a few days later, the computer was found in sharp-
sharp super shop, a dealer of second hand computer
systems and accessories. When Mallam Paapawa was
invited to the Police Station, he said that he bought the
computer from Angela Idoko at the sum of ₦10, 000.00
and he presented a receipt which Angela issued him. The
market price of the computer is ₦15, 000.00.
Angela has been arrested and is to be arraigned before the
Chief Magistrate‟s Court 1,
Bwari, Federal Capital Territory, Abuja.

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APPE NDI X 8

CASE STUDY 2
Achanya Michael and Onoja Paul are childhood friends of
about the same height and weight. Both of them work at
MADE IN NIGERIA HOUSEHOLD LIMTED in
Gwagwalada but reside at the company‟s official quarters
at Lugbe, each of them occupying a 2 bedroom flat.
Both of them are married, Onoja to Bimbo and Achaya to
Nwakaego. They resume work at 2.00p.m and close at
11.oopm daily and it takes them about 30 minutes to reach
home from the office in the official bus after closing each
day. On 15th June, 2008, Onoja was directed by the
Managing Director of the company to travel to Lagos on
urgent official assignment.
This was about 5.00 p.m. Onoja handed over his small bag
containing his house spare key, a bottle of perfume and his
jacket together with a note for his wife to Achanya for
onward delivery to his wife since Achanya was to close at
6.00pm on that day because of the power cut in the
company‟s premises.
Achanya did not go to Onoja ‟s house until 11.30pm .A few
metres away from the house,he wore Onoja‟s jacket and
took out the spare key from Onoja‟s bag with which he
opened the rear door leading to Onoja‟s bedroom. Mrs.
Onoja‟(Bimbo) was already asleep. At the movement of the
door, she turned and on catching the sight of her “husband”
in the fairly dark room, she murmured a welcome and slept
back. Achanya went to bed and had sexual intercourse with
Bimbo during which Bimbo expressed her love to her
‟‟husband‟‟ for being unusually nice that night. In the
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morning, Bimbo woke up only to see Onoja‟s bag on the

table with a note from him informing her of his trip as well
as his jacket and the spare key. She quickly reported the
matter to the police and after due investigation, Achanya
was arrested. He is to be arraigned before the High court of
FCT, Gwagwalada Judicial Division. Abuja, for rape.

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APPE NDI X 9

CASE STUDY 3
A Popular fast food Restaurant (Known as „Quick -Servers)
has six service points, each manned by a service attendant.
The mode of operation at Quick-servers is that customers
are free to approach any of the six service attendants and
place their orders. The Management of Quick-servers
provides each service attendant with serially-numbered
booklets from which they must issue receipt vouchers to
the customers. Each receipt voucher is valued at ₦300.00
being the unit price per pack of the fast food.
On January 10, 2009 it was discovered that two receipt
vouchers were missing from the bottom of the booklet
issued to miss Bunmi Jegede (Service Attendant No.3.). On
February 18, 2009 a similar thing was discovered involving
her, but this time it was three vouchers that were missing
from the middle of the booklet.
On April 22, 2009 four receipt vouchers were also missing
from the booklet issued to Miss Jegede. On this day,
however, the Manager (Mr. Johnie Walker) directed the
supervisor, Miss Onyokomita to conduct a search on Miss
Jegede. Upon search, the sum of one thousand two
Hundred Naira ( ₦1,200.00) was found on Miss Jegede.

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APPE NDI X 10

CASE STUDY 4
Mr. Dauda Babamiga lives at No. 14 Agogo Street, Enugu
State. He works with the Newera Bank as an Accountant
and happily married to Kate and has three children.
On 17th February, 2007 at about 9. 30pm while watching
television with his family there was a bang on the gate and
a voice saying we have come, open the gate. Mr. Dauda
Babamiga was afraid and refused to open the gate the gate
was later pulled down and two hefty looking men armed
with dangerous weapons gained entrance to their
apartment. Mr. Dauda Babaminga and his family were
robbed, the robbers made away with valuable items. Mr.
Kate Babamiga narrowly missed being raped as she was in
her menstrual period but her daughter was sexually
molested. The incident was reported at the police station.
Three days letter, while going to the market Mrs. Kate
Babamiga spotted one of the robbers at a relaxation spot
known as the “Black Spot” and hurriedly reported at the
police station and thereafter the robber who gave his name
as Yutem Tanga was arrested and charged to Court for
Armed Robbery.
· Bolanle v State [2005] 7 NWLR (pt 925) page 431.
A. Applications:
a) Bail No Case submission
b) Full Trial
B. Judgment
ETHICAL SCENARIOS/CASE STUDIES

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APPE NDI X 11

CRIMINAL LITIGATION
A
Utako Ogbole, a senior member of the Bar petitioned the
Commissioner of Police, FCT on behalf of his client,
Senator Uduak Adebayo Abubakar alleging threat to life
against his political rival Isa Isaiah Okechukwu. Utako
Ogbole gave the sum of $5,000 to the Commissioner of
Police (a lawyer of 20 years standing) to aid the movement
of his officers.
On 20th November, 2011, Isa Isaiah was arrested by the
Police and arraigned before the Magistrates‟ Court 5,
Wuse. The Magistrate adjourned the matter to 10th
December, 2011 and granted bail to the accused in the sum
of ₦50,000.00 and 2 sureties in like sum.
When Utako was informed of the court and the action of
the Magistrate, he was furious: “that wicked, unrepentant
and holier than thou Magistrate, we cannot get justice
there.
Hon. CP, I want the case to be taken before the Area Court,
Gwagwalada, presided over by Edumoga Ocholi. He is a
good boy. In fact, my client is the one who recommended
him for that job”, he retorted. On 24th November, 2011,
another F.I.R. was filed before the Area Court,
Gwagwalada. Isa was immediately ordered to be remanded
in prison custody for 12 days for attempting to pervert the
course of justice before the case is mentioned.
Meanwhile, Isa‟s wife approached Omole Joseph Atta,
SAN to handle the husband‟s defence, but much more
urgently, to secure his bail. The learned SAN asked her to
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deposit the sum of ₦2M consisting of N1m consultation

and filing fees and ₦1m for logistics. The woman paid after
all attempts at reduction failed. When the bail application
was moved on the 27 th November, 2011, it was refused on
the ground that the offence of threat to life is as bad as
culpable homicide. While still standing in front of the court
entrance after the ruling, Omole SAN telephoned the Chief
judge who directed that the case be transferred to the High
Court while the accused should proceed on bail
unconditionally.
B
Chief Do-good is angry that Mr. God-dey a poor neighbor
has refused to sell his land to him.
He briefed Barrister Bob-Musa to assist in persuading Mr.
Goddey to sell the land. Barrister Bob-Musa met the
Divisional Police Officer of the area and Mr. God-dey was
arrested and detained for one week but still refused to sell.
Barrister Bob-Musa later wrote a petition to the
Commissioner of Police on behalf of Chief Do-good
falsely alleging that Mr. God-dey was threatening his life.
Mr. God-dey was subsequently arraigned in court before a
Chief Magistrate Court. Barrister Bob-Musa met the
Magistrate in their club house and requested that the bail
granted to Mr. God-dey should be revoked but the
magistrate refused.
Barrister Fair has now undertaken to defend Mr. God-dey
free of charge. Chief Do-good has given Barrister Bob-
Musa ₦2m to pass to Barrister Fair to drop the case.
Barrister Fair has reported Barrister Bob-Musa to the NBA
branch for disciplinary action.

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Index

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Index

A Acquittal, 63, 125, 151, 180,

196, 207
Abacha, 72, 101, 102
Act, 12, 15, 20, 22, 23, 25,
Abandonment, 37, 206, 212
29, 31, 33, 38, 39, 49, 54,
206, 212
56, 59, 60, 64, 66, 70, 74,
Abass, 55, 232
75, 77, 78, 79, 80, 81, 82,
Abdullahi, 190
83, 87, 88, 89, 90, 91, 92,
Abele, 148
93, 94, 96, 98, 104, 107,
Abiola, 104, 105, 191, 213
133, 134, 139, 140, 142,
Abiola & Ors., 213
154, 155, 158, 160, 167,
Abodundu, 196
176, 177, 179, 189, 194,
Abuja, 49, 67, 70, 106, 107,
195, 198, 201, 202, 210,
127, 128, 208, 230, 232,
215, 216, 219, 220, 221,
236, 238
222
Accomplice, 159, 160
Adamawa, 66, 70
Achanya, 237, 238
adjournment, 126, 136,
ACJA(Administration of
137, 138
criminal Justice Act), 3,
Afejuku, 65
6, 8, 12, 15, 17, 19, 20,
affidavit, 4, 21, 71, 72, 102,
22, 25, 29, 31, 32, 33, 35,
105, 106, 110, 173, 209,
39, 56, 59, 60, 62, 65, 67,
216
68, 69, 70, 72, 73, 92, 93,
Aigbe, 189, 193, 195
94, 98, 99, 100, 102, 103,
Ajudua, 101
107, 111, 112, 113, 114,
Alhaji Aminu Keffi, 230
115, 116, 118, 119, 120,
Alhaji Atutuwa, 223
121, 122, 123, 125, 126,
Alhaji Launi, 212
142, 143, 145, 146, 147,
Alhaji Mandara, 55
148, 149, 150,151, 152,
Alhaji Mohammed, 224
164, 165, 176, 178, 179,
Aliyu Garki, 232
187, 188, 189, 190, 193,
Allocutus, 6, 33, 189, 193,
194, 195, 197, 198, 199,
194
200, 201, 202, 204, 208,
Amaefule, 62
209, 211
Amendment, 4, 18, 45, 50,
ACJL of Lagos State, 12, 68
70, 200, 215, 216, 221
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Aminu Sani, 208 Appeal and appealable

Anaekwe, 101, 103 decisions, 34, 205
Anambra States, 202 Appeal procedure, 34, 36,
Angela, 236 205, 219
Apo Mechanic Village, 127 Appeal Rules, 39, 209, 212,
Appeal, 7, 34, 35, 36, 37, 215, 216
38, 39, 45, 49, 52, 57, 58, Appellant, 216, 219
130, 187, 190, 191, 195, Appendix, 47, 50, 52, 100,
205, 206, 208, 209, 210, 120
212, 214, 215, 216, 217, Applicant, 71, 102, 109,
218, 219, 221, 226 110, 111, 112, 113, 208
abandonment, 7, 36, 37, Application, 2, 4, 6, 12, 13,
205, 212 20, 21, 31, 35, 36, 37, 49,
abatement, 36, 37, 205, 55, 65, 71, 72, 73, 97, 98,
206 99, 100, 102, 103, 104,
additional evidence on, 105, 106, 107, 109, 110,
36, 37, 205, 206 111, 113, 138, 165, 169,
court and effect of failure 175, 179, 201, 205, 206,
to, 35 208, 209, 210, 215, 216,
hearing of, 109, 141, 212, 219, 221, 223, 224, 242
213, 217, 221 Application for bail, 12, 13,
notice of, 117, 118, 135, 20, 21, 36, 37, 97, 102,
146, 178, 193, 210, 103, 110, 205, 223, 224,
212, 215, 218, 221 225
pending, 4, 7, 11, 20, 36, Application for bail pending
37, 58, 97, 99, 109, appeal, 36, 37, 110, 205
110, 114, 187, 194, Area Court Edict, 49, 135
205, 206 Area Courts, 47, 48, 49, 70,
record of, 62, 101, 157, 134
191, 199, 210, 211, Argument, 7, 36, 37, 162,
213, 216, 219 205, 206, 216, 217, 219
time for, 74, 75, 199, 210 briefs of, 7, 36, 37, 205,
Appeal Act Cap, 38 206, 216
Appeal Amendment Act, Armed Forces Decree, 39,
215 56

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Armed robbery, 60, 198, Awojobi, 212

240 Awolowo, 134
Aroyeun, 110 Awosika, 173
Arraignment, 5, 25, 129, Ayubkhan v.The State, 184
144, 146
valid, 24, 25, 129, 144 B
Arrest, 3, 5, 9, 10, 68, 76, Babamiga,Kate, 240
77, 80, 81, 82, 83, 84, 86, Bail, 3, 4, 7, 10, 11, 13, 20,
87, 88, 89, 90, 91, 93, 95, 21, 36, 85, 88, 89, 90, 97,
98, 108, 111, 114, 135, 98, 99, 100, 101, 102,
146, 226 103, 104, 105, 106, 107,
police officer, 69, 80, 84, 108, 109, 110, 111, 112,
87, 88, 89, 90, 114, 117 113, 114, 141, 148, 194,
power of, 9, 76 206, 208, 224, 240, 241,
private person, 16, 65, 66, 242
88, 89, 92 draft application for, 13,
Assessment, 2, 9, 10, 13, 16, 20, 97
18, 19, 21, 22, 24, 26, 28, granted, 20, 21, 72, 97,
30, 32, 34, 36, 37 102, 103, 107, 109,
Attorney, 3, 15, 43, 55, 59, 110, 111, 112, 113,
60, 61, 62, 64, 65, 66, 70, 114, 216, 241, 242
71, 74, 107, 112, 117, grant of bail, 20, 98, 113,
118, 128, 139, 170, 207, 209
208, 209, 215, 221, 230 jump, 101, 110, 111
Attorney General, 15, 43, nature and types of, 20,
55, 59, 64, 112, 117, 118, 97
128 refusal of, 11, 101, 109
Attorney-General of Kaduna Bail application, 20, 21, 97,
State, 215 102, 104, 105, 106, 107,
Atutuwa, 223 111, 112, 242
Authorities, prosecutorial, 4 procedure for, 20, 97,
17, 116 104, 105
Autrefois acquit, 140, 150, BAIL PENDING TRIAL, 4,
151 19, 97
Awobotu, 119, 121, 186 Bamaiyi, 101

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Bankole, 193 original, 70, 72, 122, 124,

Barrister Bob-Musa, 242 171
Bello, Amina, 236 Charge sheet, 17, 105, 106,
Bendel, 173, 180, 183 116, 117, 119, 121
Berger, Julius, 232 Chief, examination in, 5 ,
Bida, 121, 122 28, 29, 167
Bola, Rex, 232 Chief Dede, 223
Bolaji, Chris, 127 Chief judge, 42, 46, 47, 52,
Bond, 98, 108, 111, 112, 242
114, 211 Chief Magistrate, 44, 45, 50,
Bosun Takua, 127, 128 51, 123, 124, 232, 236,
Buhari, 164 242
Bunmi Jegede, 239 Chief Olabode George, 140
Burago, 224 Child, 53, 156, 157, 159,
Bwari police station, 224, 176, 199
234 Children and Young
Persons Law of Lagos
C State, 141
CAMA, 54 Chukwunyere, 109
Canada, 226 Chukwura, 62
Case submission, 6, 30, 31, Clarke, 63
175, 179, 180, 181, 183, Commencing criminal
228, 240 proceedings, 16, 68, 70
Case theory, 5, 26, 27, 153, Commission, 43, 74, 75,
162, 163, 164 117, 199
Charge Compellability, 5, 26, 27,
amendment of, 4, 18, 19, 153, 155, 156, 158
123 Competence, 5, 26, 27, 153,
defective, 18, 19, 72, 119, 155, 156, 157, 158
124, 125 Complainant, 5, 24, 25, 72,
formal, 68, 69, 99 144, 146, 177, 184, 226
new, 70, 107, 124, 125, Confessions, 11, 12
126, 152, 171, 184, Consent, 44, 63, 70, 72, 73,
185, 200, 217 74, 126, 149, 195

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Constitution, 6, 7, 12, 15, 212, 213, 220, 225, 227,

17, 19, 20, 22, 25, 29, 31, 228, 229, 230
32, 33, 35, 36, 38, 46, 49, Court
52, 54, 55, 56, 57, 59, 60, appellate, 8, 114, 124,
61, 62, 63, 64, 66, 89, 90, 127, 130, 196
97, 98, 99, 100, 102, 115, competent Court, 150,
117, 133, 134, 135, 136, 200
137, 138, 139, 140, 141, inferior, 134
142, 150, 188, 189, 191, lower, 105, 106, 131
202, 206, 207, 209, 214, open, 187, 192
215, 218, 219, 220 superior, 151
Constitution and Evidence, Court Martial, 56, 57, 59
20, 22, 25, 29, 31, 33 Court of Appeal, 7, 35, 36,
Constitution of Supreme 37, 38, 39, 187, 190, 205,
Court, 220 206, 209, 214, 215, 216,
Constitutional provisions, 217, 218, 219, 221, 226
10, 36, 206 Court of Appeal and
Constitutional safeguards, 3, Supreme Court Practice
4, 10, 21, 23, 76, 134, 129 Directions, 7, 35, 36, 205,
Contents and form, 33, 188 206
Conviction, 19, 6, 33, 45, Court of law in Nigeria, 64,
53, 118, 124, 125, 127, 218
130, 135, 139, 149, 151, Courts, 3, 8, 13, 14, 15, 17,
160, 180, 189, 192, 193, 18, 36, 38, 40, 41, 42, 45,
195, 196, 207, 214, 221, 46, 47, 49, 50, 51, 52, 53,
233 56, 57, 64, 67, 70, 79,
COP, 49, 55, 61, 64, 100, 104, 105, 107, 116, 122,
101, 102, 103, 141, 148, 125, 154, 166, 182, 200,
165, 179, 183, 185, 187 206, 207
Counsel, 4, 5, 22, 24, 25, sittings and settings of, 3,
61, 71, 79, 98, 110, 126, 8, 9, 38
129, 130, 131, 132, 134, Courts Martial, 56, 57
136, 138, 144, 152, 159, CPA, 56, 156, 174, 202
164, 168, 169, 170, 181,
182, 183, 185, 186, 210,

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CPC, 6, 32, 33, 56, 65, 112, Criminal Procedure Code,

114, 166, 174, 180, 181, 15, 17, 19, 20, 22, 25, 29,
188, 189, 202, 204, 210 31, 33, 35, 38, 47, 49, 51,
CPC Law, 6, 32, 33, 65, 52, 62, 68, 69, 70, 77, 78,
188, 189 79, 80, 81, 82, 83, 84, 86,
Crime, 4, 22, 91, 95, 132, 87, 88, 89, 90, 91, 92,
135, 155, 159, 164, 184, 100, 103, 104, 106, 108,
202, 224 116, 118, 119, 120, 122,
Criminal appeals, 7, 35, 36, 123, 124, 125, 126, 135,
205, 206 140, 142, 145, 146, 147,
Criminal cases, 43, 64, 65, 148, 149, 150, 151, 176,
153, 154 178, 179, 180, 185, 186,
Criminal Code, 15, 17, 19, 187, 189, 190, 191, 192,
20, 22, 25, 29, 31, 33, 74, 193, 194, 195, 197, 198,
80, 121, 139, 186 199, 200, 201, 202, 203,
Criminal courts, 3, 8, 9 207, 208, 210, 211, 212,
Criminal jurisdiction, 13, 214
14, 40, 42, 54, 55, 56 Criminal Procedure Law
Criminal jurisdiction of (CPL), 15, 17, 19, 20, 22,
courts, 13, 40 25, 29, 31, 33, 35, 38,39,
Criminal Justice, 54, 62, 63, 64, 68, 77, 92,
administration of, 39, 60, 100, 104, 105, 106, 214
71, 78, 79, 80, 81, 82, 83, Criminal proceedings, 3, 8,
84, 85, 86, 87, 88, 89, 90, 9, 14, 15, 16, 28, 59, 61,
91, 92, 93, 105, 106, 108, 62, 64, 66, 67, 73, 74, 75,
141, 211 76, 107, 167, 142, 215,
Criminal Justice Act, 38, 59, 219
70, 77, 78, 79, 80, 81, 82, Criminal trials, 5, 13, 24,
83, 87, 88, 89, 90, 91, 92, 25, 26, 28, 40, 72, 129,
104, 107, 140, 141, 210 130, 141, 144, 153, 155
Criminal Litigation, 2, 3, 8 admissibility of evidence
Criminal matter, 34, 35, 39, in, 26, 153
187, 205 publicity of, 129
Criminal offence, 150

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Cross-examination, 5, 28, Documentary evidence,

29, 169, 171, 178, 181, admissibility of, 6, 171
183 Dogo, 102, 103
Cross River State of Dokubo-Asari, 101
Nigeria, 39 Domingo, 120
Custody, 4, 85, 89, 90, 91, DPP, 3, 61, 62, 100, 151,
109, 111, 147, 150, 176, 152, 155, 186
212, 221, 241 Draft, 9, 10, 13, 17, 18, 20,
Customary Courts, 42, 45, 21, 36, 69, 76, 97, 116,
70 117, 128, 205, 230, 232
Customs, 39, 50, 54, 66, 75, Drafting charges, rules of ,
92 4, 17, 116
Draft Notice and Grounds of
D Appeal, 36, 205
Dammy Bassey, 127
E
Dantata, 101
Dauda Babamiga, 240 Edict, 45, 46, 49, 51, 70,
Dauda Babaminga, 240 135
Death, 6, 32, 33, 34, 54, Edo State, 45, 186
103, 187, 188, 189, 197, Edumoga Ocholi, 241
198, 199, 212, 219, 221, EFCC Act, 66
227, 228, 229, 232 Effect of failure, 6, 7, 32,
Death penalty, 32, 188 33, 124, 127, 188, 195,
Death sentence, 7 197, 206
Decree, 39, 50, 56, 57, 58, Egbe, 72
60, 66, 142, 199, 221 Ehi Shehu, 232
Defence counsel, 129, 132, Enactments, 38, 39, 99
137, 164 Endorsement, 83, 84, 86
Defence of alibi, 184 England, 39, 74, 104, 105
Discharge, 63, 114, 179, ENGLISH HIGH COURT
180, 181, 202, 207 PROCEDURE, 39
Discretion, 61, 62, 71, 73, Enugu State, 240
87, 96, 100, 104, 105, Evidence, 6, 7, 12, 20, 22,
111, 113, 177, 179, 185, 23, 25, 26, 27, 28, 29, 30,
196, 200, 209 31, 33, 36, 37, 53, 54, 56,

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57, 69, 71, 72, 83, 85, 95, Exclusive jurisdiction, 55

96, 101, 102, 106, 127, Exercise, 1, 2, 4, 186, 215
130, 131, 132, 133, 137, Eyu, 101, 102, 103, 139
139, 140, 142, 147, 149,
153, 154, 155, 156, 157, F
158, 159, 160, 161, 163, Failure constitutional
165, 166, 167, 168, 169, implication of
170, 171, 172, 173, 175, court and effect, 35
176, 177, 178, 179, 180, Fair hearing, 4, 138
181, 182, 183, 184, 185, Falobi, 107
186, 192, 193, 194, 196, Fawehinmi, 65, 102, 109
198, 205, 206, 213, 227, FCT, 14, 49, 67, 70, 72,
228, 229 164, 165, 166, 208, 238,
admissibility of, 3, 9, 26, 241
27, 28, 29, 95, 153, FCT High Court Practice
160, 167 Directions, 14, 67
call, 30, 54, 61, 133, 136, Federal Capital Territory,
147, 175, 176, 177, 106, 107, 236
178, 182, 183, 184, Federal High Court, 4, 14,
194, 229 15, 16, 18, 19, 38, 54, 55,
corroborative, 159, 160 58, 67, 70, 72, 214
generated, 27, 28, 153, Federal High Court Act Cap
160, 161, 167, 171 F12 LFN, 38
Evidence Act, 12, 20, 22, FEDERAL HIGHWAYS
23, 25, 29, 96, 133, 139, ACT, 232, 233
140, 154, 155, 160, 167, Federal Republic of Nigeria,
176, 177 38, 52, 55, 64, 101, 106,
Examination, 1, 2, 5, 28, 29, 135, 136, 137, 138, 139,
30, 92, 130, 137, 159, 140, 141, 191, 214, 215,
167, 168, 169, 170, 171, 218, 219
174, 179, 182 Felony, 43, 74, 88, 100,
Exceptions, 7, 32, 74, 75, 103, 120
119, 121, 122, 139, 142, Firearms Act, 60
154, 155, 156, 159, 188, Firearms tribunals, 58
198, 222 Firing squad, 198, 229

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G High Court Practice

Directions, 14, 16, 67, 72
God, 147, 227, 242
Holgate Mohammed, 87, 91
Governor, 46, 48, 49, 52,
Hon Justice Silas
147, 150, 157, 198, 199
Adetokunboh, 226
Grant bail, 100, 103, 114
Grant of bail, 20, 97, 107,
I
110, 112, 113, 208, 241
Guobadia, 53, 54 Ibrahim, 60, 61, 117
Gwagwalada, 225, 237, 238, ICPC Act, 66
241 Idoko, Angela, 236
Igho, 226, 227
H II NWLR, 56, 184
Ikpo, 224
Habeas corpus, 11, 165, 209
Ilori, 62, 63
Haddi Lashing, 203
Information, 4, 15, 67, 70,
Hearsay evidence, 6, 27, 28,
72, 73, 74, 98, 116, 117,
29, 167, 173
135
admissibility, 3, 9, 26, 27,
Innocence, 4, 22, 139, 154,
28, 29, 95, 153, 160,
180
167
insanity, 26, 139, 147, 150,
High Court, 4, 7, 14, 15, 16,
154, 228
19, 20, 21, 37, 38, 39, 45,
Instituting criminal
46, 49, 50, 52, 55, 62, 64,
proceedings, 15, 61, 67,
67, 71, 72, 73, 74, 83, 85,
73, 74
97, 103, 104, 105, 106,
107, 116, 187, 191, 207,
J
208, 209, 210, 212, 213,
214, 215, 216, 242 Jinadu, 151
High Court judge, 187 John, Willie, 120, 190
High Court Laws, 38, 104,
106, 207
Jollywell Hotel, 224
High Court Laws of
Judge, 5, 24, 47, 56, 73, 74,
Northern Nigeria, 104,
80, 82, 83, 85, 88, 89, 94,
106
100, 103, 108, 111, 133,
High Court of Lagos, 39,
209, 210
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144, 165, 167, 187, 191, Legal Practitioner's Act, 134

227 Legal process, 85, 114
Judge and Counsel in Lieu, 112, 198, 201
criminal trials, 24, 144 Lord Diplock, 87
Judgment, 191, 192, 209,
218, 227, 240 M
Jurisdiction, 3, 13, 42, 43, Magistrate Court, 38, 42,
44, 45, 46, 50, 52 45, 50, 51, 97, 98, 105,
Justice Maza Maza Suuso, 125, 141, 181, 205, 212
227 Magistrate Grade, 44, 45,
Justice Omo-Eboh, 192 50, 51, 52, 232
Justice Oputa, 132 Magistrate's Court Law,
Juvenile Courts, 13 208, 209, 210
Maja, 136, 152
K
Misjoinder, 121, 122
Kaduna State, 62 Miss Jegede, 239
Kano State, 51, 65, 72 Mohammed, 57, 60, 159
Kayode Eso, 133 Motion on notice, 104
King, 145, 149, 207 Musa, 94, 96, 154, 226, 227,
Kwali, Ahmed, 230 242
Kwara State, 84 Musa Sadau, 94, 96
Musa Ugochukwu, 226
L
N
Lagos State House of
Assembly, 43 Nafiu Rabiu, 61, 140, 215
Law of Lagos State, 39, 77, National Industrial Court,
78, 79, 80, 81, 82, 83, 84, 16, 18, 19, 39, 55, 56
85, 86, 87, 88, 90, 91 NDLEA Act, 92, 93
Law officer, 43, 44, 70, 74, NLR, 44, 46, 48, 50, 61, 73,
117, 185, 186 89, 96, 100, 101, 118,
Law School, 224, 226, 236 120, 121, 125, 130, 135,
Legal Aid Act, 12 136, 137, 139, 147, 149,
Legal practitioner, 61, 109, 150, 165, 179, 180, 184,
134, 145, 165, 170, 182, 185, 191, 197, 200, 203,
210, 212 209, 210, 213, 214
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NMLR, 39, 48, 54, 62, 85, P

94, 96, 105, 110, 120,
Penal Code, 15, 17, 19, 20,
131, 138, 148, 149, 180,
22, 25, 29, 31, 33, 47, 50,
187, 189, 193, 195, 207
52, 201, 203
NNLR, 101, 110, 148, 152,
Person, particular, 65, 69
179
Plea bargaining, 24, 25, 26,
Nolle prosequi, 15, 62, 151
144, 145
Non-compliance, 95
procedure of, 25, 26, 145
Northern Nigeria, 104, 106
Plea of autrefois acquit,
Northern states, 47
140, 150, 151
Notice and grounds of
Plea of guilty, 148
appeal, 35, 36, 37, 206
Police Act, 12, 64, 92
Notice of application, 215
Police bail, 98
NRNLR, 200
Police Reports, 173
NWLR, 52, 53, 54, 55, 57,
Power to convict, 32, 33,
60, 61, 62, 64, 65, 71, 72,
34, 188, 189
74, 77, 96, 100, 101, 102,
Practice Directions, 4, 15,
103, 104, 105, 110, 114,
16, 39, 67, 72
117, 118, 125, 127, 132,
Presentations, 2, 9, 12, 13,
134, 136, 137, 139, 140,
14, 15, 16, 17, 18, 19, 21,
146, 154, 157, 159, 160,
22, 23, 24, 25, 26, 27, 29,
165, 176, 177, 179, 180,
31, 37
181, 182, 183, 184, 186,
President, 56, 82, 157, 198,
190, 191, 193, 196, 197,
199
198,203, 215, 216, 240
Presiding judge, 129
Prison custody, 150, 176,
O
221, 241
Obi, 110, 162, 232 Probation orders, 202
Okeke, 105, 118, 119, 124 Proceedings, 48, 57, 75,
Okoro, 139, 140, 173, 179, 104, 141, 143, 181
180, 181, 197 Prosecuting counsel, 129,
Oladimeji, 54 130
Onoja, 237 Prosecution, 43, 61, 62, 151,
Opening address, 5, 6, 166 152, 179, 181, 186
Oyo State, 61, 107

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Prosecution witnesses, 132, Rules of evidence, 5, 27

137, 178, 181, 228 Rules of Professional
Prosecutors, special, 15, 66 Conduct, 131
Punishment, 6, 45, 50, 51,
196, S
jurisdiction to impose, 44, Sample presentations, 10,
46 12, 14
Saturdays, 141
Q
Search warrant, 94
Queen, 96, 123, 136, 151, Sentence, 6, 194, 197
191, 192, 196 passing, 32, 188, 193, 194
Sexual offences, 158
R Sharia Courts, 49
Rampam, 226, 227 Shehu, 232
Rampam Alechenu, 226 Southern States, 104, 105,
Rape, 72 106, 197
Re-examination, 171 State counsel, 61, 130, 230
Registrar, 5, 24, 144, 194, State High court, 18
210, 212 Statement, 3, 6, 27, 71, 116,
Repeal and Re- 138, 148, 166, 170, 171,
Establishment, 77, 78, 79, 172, 181, 216, 219
80, 81, 82, 83, 84, 85, 86, confessional, 6, 27, 28,
87, 88, 89, 90, 91 29, 172
Respondent, 217 Subpoena, 153, 165
Retrial, 127, 132, 195, 196 issues and use of, 5, 153
Right of appeal, 7 Sule, 230
Rights, constitutional, 9, Supreme Court, 7, 34, 35,
11, 76 36, 37, 39, 57, 59, 60, 63,
Right to fair hearing, 22, 71, 73, 99, 104, 119, 132,
138 133, 135, 136, 137, 139,
Rivers States, 199 157, 177, 183, 186, 191,
Robbers, 240 192, 197, 198, 205, 206,
Roles and duties of 218, 219, 220, 221, 222
Registrars and Judges, 25, Supreme Court Act, 198,
144 221, 222

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Supreme Court Practice W

Directions on criminal
Warrant, 76, 80, 82, 93
appeals, 7, 35, 36, 205,
Warrant of arrest, 9, 10, 68,
206
76, 77, 80, 81, 82, 83, 84,
Surety, 98, 108, 111, 112,
86, 93
113, 114, 115, 211
execution of, 10, 76, 84
Surety/sureties, 112
Witness box, 182, 183
Witnesses, , 5, 6, 23, 24, 25,
T
26, 27, 28, 71, 75, 133,
Taraba State, 70 137, 144, 153, 155, 158,
Testificandum, 165 159, 164, 167, 169, 174,
Testimony, 173 176, 177, 182, 183, 184,
Theory, 5 185, 186, 227
Time, 6, 33, 35, 94, 136, compellable, 157, 158
189, 191, 206, 209 examination of, 28, 92,
limitation of, 15, 67 169
reasonable, 98, 187, 229 hostile, 6
Time limit, 6, 7, 32, 33, 74, material, 24, 95, 118, 125,
188, 189, 191 136, 137, 144, 165,
Transaction, 120, 121, 173 167, 168, 169, 174,
Trial, 5, 100, 123, 145, 162, 183, 226
227, 240 recall, 126, 174, 178, 181
Trial Court, 137, 152, 179,
182, 185, 189, 194, 214 Y
Trial judge, 54, 71, 137,
Yesufu, 50, 147, 192, 193
189, 198
Young Persons Laws, 39
Trial plan, 5, 26, 27, 153,
162, 164
Tribunals, 58

U
Umaru Obi, 232
United States, 162
Upper Area Courts, 49
Utako Ogbole, 241
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