Pre-trial Issues, Jurisdiction Flashcards
What is primary enactment of Criminal Litigation?
ACJA
ACJL
CPL
CPCL
What is secondary enactment?
- CFRN 1999
- Police Act
- Evidence Act
- Armed Forced Act
- Criminal Code Law
- Penal Code Law
etc.
What does the case of Simidele v COP say?
The mode for applying for bail in the High Court after a bail application has been refused in the Magistrate Court is determined by the practice and procedure in England (which is by summons)
What is the rule when there is a lacuna in the law in the CPL?
Section 363 CPL says recourse shall be made to procedure and practice in England
What is the rule when there is a lacuna in the law in the ACJA/ACJL?
The court is to apply any procedure that will do justice in the matter
Section 262 ACJL, 492(3) ACJA
What is the rule when there is a lacuna in the law in the CCPL?
They must not adopt practice and procedure from England but must use any domestic practice or procedure which would do justice in the matter
On what days does the court sit?
Any day except Sundays and public holidays (non-juridical days)
Can the court sit on non-juridical days?
Yes with agreement of parties
Ososami v State
What is the rule on alibi?
It is a defence which must be raised promptly and properly.
- At the earliest opportunity
Ebemehi v State - With full particulars of where he was
Emengor v State
What is a confessional statement and when can it be made?
A confession is an admission by a suspect that he committed the crime
Section 28 Evidence Act
It can be made at any point from police custody to trial proceedings
What is the procedure for recording confessional statements?
ACJL: Video recorded but where not possible, statement shall be in writing in the presence of suspect’s lawyer
ACJA: Statement in writing and may be electrically recoded
What are the judges rules?
Set of administrative guidelines for taking statement and confessions of suspect by police
What is the effect of non-observance of the judge’s rules?
It will not automatically render a confession inadmissible if the court is satisfied that the statement was voluntarily made
R v Voisin
Summarise the Judges Rules
- Police caution suspect and tell him he doesn’t have to say anything but whatever he does say will be given in evidence
- Time and place of taking the statement shall be recorded as well as names of people present
- Suspect signs statement that he is making statement in his own free will
- Suspect will be taken to superior police officer to confirm that statement was voluntary
What must be done if an interpreter is used in making a statement?
Interpreter must be called to tender it otherwise it will be hearsay which is not generally admissible
When shall a confession statement be inadmissible?
If obtained through coercion, inducement or application of inordinate pressure
Section 29 Evidence Act
Will a confession obtained through deception or drunkenness be admissible?
Yes so long as it is relevant to the proceedings
Section 31 Evidence Act
What is the procedure if an accused denies making a confessional statement?
Statement may still be admissible at trial but the court will attach less weight and will usually not convict on such statement alone without corroborative evidence
Sule v State
What is the procedure if an accused denies voluntariness of a confessional statement?
The court shall hold a TRIAL WITHIN A TRIAL to determine whether such statement should be excluded or admitted
Olabode v State
What is the minimum number of people required for an identification parade?
8 persons
Two suspects will require 12 persons in the line up
Prominent marks/scars shall be concealed
What is the jurisdiction of the Federal High Court ?
- Criminal matters from Section 251 CFRN
- Treason and treasonable felony
- Drug offences
- Terrorism
- Counterfeit Currency
Notable matters under section 251 CFRN
- Maritime/Admiralty
- Aviation
- Copyright
- Banking
- Ammunition
- Immigration
- CAMA
When will a juvenile not be tried in Juvenile Court?
Where he is jointly charged with an adult
OR
The offence is an offence punishable by death on conviction
(he cannot be given the sentence)
What is the composition of court martial?
General
- President
- Not less than four members
- Judge Advocate
- Liaisons Officer
- Waiting Officer
Special
- President
- Not less than two members
- Judge Advocate
- Liaisons Officer
- Waiting Officer
*Members cannot be below the rank of the persons being tried and President must be Major or above
Section 129 Armed Forces Act
What is the criteria for a member of Court Martial?
- Must he officers subject to service law
2. Must have served in for 5 years at least
What is the criteria for a Judge Advocate?
Must have qualified for three years
Who is a member of the quorum of a Court Martial?
President and Members only
What does Section 171 AFA say?
Where military personnel has been tried and acquitted or convicted for commission of a civil offence by a High Court, he cannot be tried again from eh same offence by the Court Martial and vice versa
Section 170 AFA
When a civil court tries military personnel for an offence he has already been punished by his commanding officer, it will have regard to the punishment already imposed o him when awarding punishment
What is the effect of a member or President being below the rank of the officer being tried?
The decision of the Court will be a nullity
Okoro v Nigerian Army
How many members are needed for Court Martial to impose the death sentence?
at least 7 members in concurrence
Section 140 AFA
What happens if there is equality of votes in the judgement/decision of the Court Martial?
The accused shall be acquitted
What happens if there is equality of votes on the question of sentence or any other question of the Court Martial?
The President shall have a second or casting vote
Section 140(5) AFA
When does court martial cease to exercise jurisdiction?
After 3 months of the person leaving the Armed Forces
This does not apply to mutiny, failure to suppress mutiny and desertion
Section 169(2) AFA
What is the minimum age which a person can be tried in the International Criminal Court?
18
What is the jurisdiction of the coroner’s court?
Inquest into cause of death in public institutions like prisons and school
What is the max jurisdiction of the Magistrate to impose punishment?
14 years which may be increased by the AG in Lagos and the Governor in all other southern states on recommendation
What is an indictable offence?
Offence punishable by 2+ years in prison or by fine of N400+
What is the jurisdiction of the area court?
Only in the North and FCT over:
- Any indigenous person or whose parents were indigenous
- A muslim
- Any person who consents
What is the maximum jurisdiction in the North to impose punishment?
NORTH: 14 years or 28 years when imposing consecutive sentences
FCT:
14 years or 18 years when imposing consecutive sentence
what happens if different elements of a crime are committed in different states?
Both states shall have jurisdiction to try the offence
Njovens v State
