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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

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21
Q

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

A

Only when the JUDGE is a LEGAL PRACTITIONER

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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

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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.
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24
Q

Appeals from Area Court goes to where?

A

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

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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.

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26
Q

Consecutive sentence under ACJA?

A

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

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27
Q

Consecutive sentence under ACJL Lagos?

A

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

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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

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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
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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
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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
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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.

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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

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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.
50
Q

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

A

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

51
Q

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

A

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

52
Q

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

A

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

53
Q

Is confessional statement binding generally?

A

NO! unless it has been adopted by words or by conduct.

COP V UDE
S 29(4) EA

54
Q

qualifications to be a member of court martial?

A

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

55
Q

who is a judge advocate?

A

Commissioner officer of not less than 3 years.

• A judge advocate guides and advises the court on rules of evidence, practice and procedure.

56
Q

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

A

No!
They are regarded as adjuncts to the court.

57
Q

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

A

THREE YEARS EXCEPT FOR
1.MUTINY
2. FAILURE TO SUPPRESS MUTINY
3. DESERTION.
4. Civil offences committed outside Nigeria as there is no time limit within which to try the person in relation to
these offences in the court martial-

it must commence within three (3) years of committing the alleged offence.
SEC 169 AFA

58
Q

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

A

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

59
Q

who can convene a court martial?

A

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

60
Q

is the power to convene a court martial delegatable?

A

Yes! it is.

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

61
Q

how is voting at the court martial done?

A

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

62
Q

how is death sentence passed at the court martial?

A

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

63
Q

Time to appeal a sentence of death at court martial?

A

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

64
Q

appeals from court martial goes to?

A

THE COURT OF APPEAL then the SUPREME COURT

Notice of appeal must be filed within 40 days from the date the decision was promulgated. In the case of death sentence within 10 days.

65
Q

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

A

Yes! but such person cannot be tried for military offenses in a civil court.

Where a person subject to service law commits a civil offence, such person can be tried first by a court martial because it is provided for in the AFA and it has jurisdiction.
Also, he can be tried by the regular courts thereafter for the same civil offence and the civil court can also punish but will take into consideration the punishment given by the court martial in awarding punishment.

66
Q

can the AG institute an action in the court martial?

A

NO!

67
Q

can nolle be entered on appeal?

A

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

68
Q

time to amend a charge?

A

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

69
Q

Sample answer to a leading question for expert witness.

A

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

70
Q

conditions for amendment of charge to be granted?

A

The amendment must relate or similar to the original charge or the court will not allow it.

Thus, the court should not permit the amendment of a charge if it will cause injustice to the defendant

71
Q

can a court martial be convened orally?

A

Every court martial must be convened by a convening order in writing and duly signed by an appropriate authority.

Therefore where there is no convening order the court martial will lack jurisdiction; Section 131(AFA).
In the instant case, the Chief of Army Stall orally conveyed the Court Martial and therefore; it is invalid.

72
Q

is a spouse a compellable witness for the prosecution?

A

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

73
Q

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

A

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

74
Q

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

A

It depends on how the defendant conducts his case and/or on the status of the prosecutor.

• A LAW OFFICER WILL ALWAYS HAVE A RIGHT OF REPLY-Officers in the ministry of justice
OSAHON V STATE

75
Q

is hadid lashing applicable everywhere?

A

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

76
Q

can a private person effect an arrest?

A

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

77
Q

jurisdiction of a private person to arrest)

A
  1. Misdemeanor-commit at night
  2. Felony
  3. Indictable offence
78
Q

Rule guiding expert witness?

A

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

79
Q

can the court recall witnesses?

A

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

80
Q

can bail be refused because it was made orally?

A

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

81
Q

how to lay proper foundation for statement of account?

A
  1. The statement of account was printed from the ordinary books of the Bank
  2. The statement of account was printed in the ordinary cause of business.
    3.The statement was in control and custody of the bank as at the time it was obtained and;
  3. The statement of account was examined with the original entry and it is correct; section 90(e) Evidence Act 2011 as amended.
82
Q

conditions for no case submission?

A

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

83
Q

what happens where a no case submission is rightly upheld?

A

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

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