Courts of Criminal Jurisdiction

Flashcards about Courts of Criminal Jurisdiction lecture notes to help students review for their upcoming exam.

What is jurisdiction?

The authority of a Court to decide matters that are litigated before it.

What three things are considered in determining jurisdiction?

1. Whether the court is properly constituted. 2. Whether the subject matter of the case is within the competence of the court. 3. Whether the case before the court is initiated by due process of law.

What determines the jurisdiction of a court?

Law/statute/constitution, Parties, Territory, Offences, Punishment

At what three different levels does the question of jurisdiction arise in criminal proceedings?

Territorial jurisdiction, Substantive jurisdiction (subject matter), Jurisdiction over persons

What does territorial jurisdiction relate to?

Where a crime is partially or wholly committed in one state but the offender is arrested in another state OR where an element of a crime are committed in two different jurisdictions OR where the effect or result of an offence commenced in one state occurs in another state.

If a crime is partially committed in one state and the offender is arrested in another state, which state has jurisdiction?

Both states will have jurisdiction.

What did the Court of Appeal hold in Ibori v FRN [2009] All FWLR (Pt. 487) 159 at 179 ?

To take the accused person from one state to another for trial amounted to forum shopping.

According to Section 93 ACJA, where should an offense be tried?

An offence shall be tried by a court within the local limits of whose jurisdiction the offence was committed, the consequence of the offence has ensued, an offence was committed by reference to which the offence is denied, or a person/property in respect of which the offence was committed is found.

What two categories can the jurisdiction of Court to entertain criminal matter be broadly classified into?

Court of General Criminal Jurisdiction and Court of Special Criminal Jurisdiction

Where can Customary Courts be found in Nigeria?

Customary courts can be found in all the Southern States of Nigeria.

What cases does the Customary Court entertain?

Cases such as violation of Bye laws and Rules of Local Government and cases of contempt in facie curiae.

How are Magistrate Courts established?

Magistrates courts are established in all states in the Federation by the Magistrates Court Laws of various States.

What jurisdiction does the Magistrate Court have?

To try all non-indictable offences and indictable offences other than capital offence with the consent of the accused person.

What section of the 1999 Constitution (as amended) provides for the High Court of a State?

High Court of a State is provided for under Section 270 of 1999 Const. (as amended).

What power does the High Court have with respect to the types of offenses it can try?

The High Court has the power to try both indictable and non-indictable offenses, including offenses which carry capital punishment.

What is the jurisdiction of the High Court?

The Jurisdiction of the High Court is unlimited.

What type of court was created by the Area Courts Laws of various States of the former Northern Region?

Area courts.

What are the grades of Area Courts?

Upper Area Court, Area Court Grade I, Area Court Grade II, Area Court Grade III

According to S. 15 of the Area Court Edict, who does the Area Court have jurisdiction to try?

The Area Court has jurisdiction to try persons if both parents were members of any tribe(s) indigenous to any part of Africa and their descendants, any person one of whose parents was a member of any tribe indigenous to Africa, or any person who consents to be tried by an Area Court.

According to Registered Trustees of ECWA Church v. Ijesha [1999] 13 NWLR (Pt. 635) 368 CA, which type of lawyer cannot appear before an inferior court?

Senior Advocate of Nigeria

What are the requirements for Jurisdiction of Sharia Court over persons ?

The defendant person is a Muslim or the non-Muslim who submits to the jurisdiction of Sharia Court.

How is the Sharia Court properly constituted?

The Sharia Court is properly constituted where a single Alkali sits, however where it sits as an appellate court, it shall be properly constituted by two Alkalis.

What is the procedure before the Area Court like?

The procedure before the Area Court is simple and it is not saddled with the normal complexities and technicalities associated with court proceedings.

Are Area Courts bound by the rules of technicalities?

They are not bound by the rules of technicalities.

What applicable laws can be used in Sharia Courts?

Penal Code, ACJL kano ACJA, Principles of Islamic Law and Procedure and laws made by the Grand Khadis.

What is the jurisdiction of the High Court in Kano?

Criminal Appeals from the Magistrate Court, Criminal Appeals from Upper Area Courts, Jurisdiction over Federal offences.

Appeals from the High Court, Federal High Court, Court Martial e.t.c go to which court?

The Court of Appeal.

According to S. 243 of the Constitution, who has the right of appeal?

The Defendant and the Prosecutor.

Who may appeal to the Supreme Court?

The Defendant or the prosecutor (Attorney-General or any other prosecutor).

Under what act was the Juvenile Court established?

The Children and Young Persons Act, but was later domesticated as Children and Young Persons Laws in various States.

What are the rules surrounding children between the ages of 1-7 and the Juvenile court?

They are not criminally liable and the Juvenile court has no jurisdiction over them.

What are the rules surrounding children between the ages of 12-14 and the Juvenile court?

These children are liable for any act done by them which constitute an offence

How is the Juvenile Court constituted?

One Magistrate with such other persons as the Chief Judge may determine.

According to S. 6(3), what should the courts do in order to determine the age of the child or young person?

The court should adjourn in order to determine the question of age of the child or young person.

How can the courts verify the age of an accused person?

Direct evidence of the date of birth, by birth certificate, oral testimony of the parents or relations, or medical examination by a medical doctor in a Government hospital or Medical Institution.

What are the characteristics of Juvenile Courts?

Proceedings are not opened to the public, the identity of the child or young person shall not be published, no child shall be ordered to be imprisoned, the use of words like conviction and sentence is prohibited..

In addition to the president and the members of the court, what other positions are there in the Courts-Martial?

The Waiting member, The Liaison Officer, A Judge Advocate

What qualifications must a Judge Advocate have?

Must be a commissioned officer, a Legal Practitioner who must have 3 years post call experience. The Judge advocate acts as the prosecutor and legal adviser to the Court

The jurisdiction of the Court Martial is limited to persons who are subject to the service laws. List the service laws.

Nigerian Army, Nigerian Navy and the Nigerian Air Force

Who may convene a SPECIAL COURTS-MARTIAL?

President, The Chief of Defence Staff, Service Chiefs, A General Officer Commanding, a Brigadier- General, a Colonel or Lieutenant Colonel or their corresponding ranks

According to S.118 AFA, what punishment which a courts martial may impose?

Death sentence, imprisonment, dismissal with disgrace, reduction in rank, fine etc.

According to which rule will failure to sign and date the decision of a Court Martial render the decision void?

Army Rules of Procedure, Rule 76 of 1972.

Appeal from Courts Martial goes to which Court?

Court of Appeal

The Code of Conduct Tribunal is a tribunal of coordinate jurisdiction with which courts?

The High Court and the Federal High Court.

Who does the Code of Conduct Tribunal have jurisdiction to try?

Public officers for breaches of the Code of Conduct as set out in Paras 1- 14 part 1 fifth Schedule to the Const.

When and how was the Federal High Court set up?

Set up in 1973 under the Federal Revenue Court Decree(No.13) 1973 and known as the Federal Revenue Court.

What criminal jurisdiction does the Federal High Court have?

Treason, treasonable felony and allied offences. Also items listed under subsection 1 on the Federal High Court.

According to section 7 of the National Industrial Court Act, 2006, what jurisdiction does the National Industrial Court have?

Arising out of employment, labour and industrial relations/dispute.

According to Article 5 of the Rome Statute, what offenses does the ICC have jurisdiction to try?

Crime of Genocide, Crimes against humanity, War Crimes, The crime of aggression

According to Article 77, what punishments does the ICC prescribe?

Imprisonment for a specified number of years which may not exceed 30 years, life imprisonment when it is justified by the gravity of the offence, fine, and forfeiture of proceeds, property and assets derived directly from the crime.

Does the ICC have jurisdiction over Minors and Juveniles?

The ICC does not have jurisdiction over Minors and Juveniles.

To hear appeals from the High Court, Federal High Court and other designated courts and tribunals.

What are the functions of the Court of Appeal?

The power of the court to adjudicate on the type of case before it.

What is substantive jurisdiction?

The power of the court to hear a case involving a particular defendant.

What is jurisdiction over persons?

The Holy Qu'ran, Sunnah, Ijma, Qiyas.

What are the primary sources of law in Sharia Courts?

Customary Courts, Area Courts, Sharia Courts, Juvenile Courts, Courts-Martial, Code of Conduct Tribunal, National Industrial Court.

What are some courts with special criminal jurisdiction?