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Things to remember > THINGS TO NOTE IN CRIMINAL LITIGATION > Flashcards

THINGS TO NOTE IN CRIMINAL LITIGATION Flashcards

1
Q

Why is criminal trials territorial?

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

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

A

YES! but it’s not applicable in Lagos

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3
Q

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

A

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

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4
Q

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

A

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

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5
Q

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

A

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

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6
Q

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

A

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

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7
Q

What’s the difference between substantive and territorial jurisdiction?

A

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

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8
Q

What are courts of general criminal jurisdiction?

A

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

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9
Q

What are courts of general criminal jurisdiction?

A

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

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10
Q

What are courts with specific criminal jurisdiction?

A
  1. Federal High Court
  2. National Industrial Court
  3. Juvenile Court
  4. Court Martial
  5. International Criminal Court
  6. Coroner’s court
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11
Q

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

A

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

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12
Q

How many cadres of customary courts are in Lagos?

A

It is Customary Court GRADE A and GRADE B

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13
Q

How many Cadres of customary court are in the SOUTH?

A

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

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14
Q

Where does Appeals from customary court go to?

A

The MAGISTRATE COURT

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

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15
Q

How many cadres of MAGISTRATE COURT IN THE SOUTH?

A

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

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16
Q

Jurisdiction of the Magistrate court in the South?

A

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

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17
Q

What is the composition of magistrate court in Lagos?

A

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

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18
Q

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

A

14 years and no jurisdiction to try capital offense

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19
Q

How is jurisdiction increased in the magistrate court of Lagos?

A

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

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20
Q

Jurisdiction of the High court in the South & Lagos?

A

All indictable offences contained in an information.

S. 272 (1) CFRN

21
Q

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

A

Only when the JUDGE is a LEGAL PRACTITIONER

22
Q

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

A

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

23
Q

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

A
  1. A descendant of members of an indigenous tribe in Africa
  2. A person, one of whose parents was a member of a tribe indigenous to Africa; and
  3. A person who consents to be tried by the court.
24
Q

Appeals from Area Court goes to where?

A

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

25
Q

What is consecutive sentence under ACJ KANO?

A

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

26
Q

Consecutive sentence under ACJA?

A

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

27
Q

Consecutive sentence under ACJL Lagos?

A

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

28
Q

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

A

ACJL-FORM K 30+1 month.
ACJA-EX PARTE14+14+14+4
ACJL KANO-FORM contained in Appendix D21+14+14

29
Q

Conditions that the court will consider before granting remand order?

A
  1. Circumstances of the case
  2. Nature and Seriousness of the offence
  3. Reasonable suspicion that the suspect is involved in the commission of the crime
  4. Reasonable suspicion that the suspect will commit another crime
30
Q

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

A
  1. When he committed a capital offence-S 8(2) CYPL
  2. When he committed the offence with an adult- S 6(2) CYPL
31
Q

Determination of the age of a juvenile?

A
  1. Physical appearance of the accused person
  2. Expert evidence-Medical report by a medical doctorMODUPE V COP
  3. Birth certificate
  4. Oral evidence of the family members
32
Q

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

A

NO! S 251(3)

it shares concurrent jurisdiction with the SHC because:
a. There is omission of the word exclusive
b. Section 272 of CFRN provides for the unlimited jurisdiction of SHC while Section 286(1)(b), provides for the SHC have power to try federal offences.

33
Q

What are the Exclusive for FHC?

A

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

34
Q

What is Exclusive for SHC?

A

Section 9 of Robbery and Firearms Act

35
Q

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

A

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

36
Q

What section provides for the National Industrial Court?

A

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

37
Q

What is the composition of GENERAL COURT MARTIAL?

A
  1. President with not less than 4 members
  2. Waiting member
  3. Liaison officer
  4. A judge Advocate
38
Q

,
What is the composition of a Specific court martial?

A
  1. A President and not less than two members,
  2. A Waiting member,
  3. A Liaison officer and
  4. A Judge Advocate.
39
Q

Who may be a judge advocate?

A

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

40
Q

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

A

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

41
Q

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

A

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

42
Q

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

A

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

43
Q

Who can convene a COURT MARTIAL?

A
  1. The president
  2. Service Chiefs
  3. Chief of Defence staff
  4. . A General Officer, or A Brigadier, A Colonel, or A Lieutenant Colonel,
  5. An officer acting in place of the above bodies
    SEC 131(2) AFA
44
Q

Can the power to convene a court martial be delegated?

A

Yes, it can! through writing or orally.

45
Q

How is a death sentence imposed under Court Martial?

A

Concurrence of all the members to secure conviction of death, but where there is no concurrence, it may award a lesser punishment.

at least 7 members to pass a death sentence, and it must be approved by the Convening officer

46
Q

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

A

The officer will be discharged & acquitted.

47
Q

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

A

The president will have the casting vote.

48
Q

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

A

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

49
Q

What’s the jurisdiction of the ICC?

A

PERSONS NOT STATES
a. committed on the territory of member states, or
b. committed by Nationals of member states.

  1. Crime of Genocide.
  2. Crimes against humanity.
  3. War Crimes.
  4. The crime of aggression.

Things to remember (10 decks)

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