Nigerian Criminal Procedure and Drafting Charges

Practice questions regarding the drafting of charges and information in Nigerian Magistrate and High Courts across different regions.

Who drafts the charges for prosecution in the Magistrate Court in the 17 southern states?

The police

How many paragraphs are contained in a charge for the Magistrate Court in the South?

Only one paragraph

How should the date of offense be recorded in a southern Magistrate Court charge?

It should be put as "on or about" the specific date.

What is the correct terminology for the legal division of a High Court versus a Magistrate Court?

"Judicial division" is used for High Courts, and "Magisterial District" is used for Magistrate Courts.

Who must sign a charge in the southern Magistrate Court?

The personal authority who drafted it, which is usually the police.

In which jurisdictions is an "information" used for drafting?

High Court South (17 Southern states), High Court Taraba and Adamawa, High Court of the FCT, and National Industrial Court.

Who is the complainant in an information filed in the State of Lagos?

The State of Lagos

Who is the complainant in an information filed in the FCT?

The Federal Republic Of Nigeria

What is the "preamble" in the context of an information?

The statement where xyz are charged for the following offenses.

How is the body of an information structured for every count?

It consists of two paragraphs per count, including the statement of offense and particulars of offense.

Who must sign an information presented to the court?

The law officer presenting it.

In which regions is a "charge" used for Magistrate Court proceedings?

The 19 Northern states and the FCT.

What is the three-paragraph structure of a charge in the Magistrate Court of the North?

1. Introduction, 2. Body (content), and 3. Directional.

Who is the complainant in a Magistrate Court charge in the North?

The Commissioner of Police

What is the key difference in who signs a Magistrate Court charge in the North versus the South?

In the South, it is signed by the police; in the North, it is signed by the magistrate.

What information regarding the Magistrate must be included in a Northern charge?

The date, signature, stamp, or seal of the magistrate with his or her rank.

What is the significance of the third paragraph in a Northern Magistrate Court charge?

The magistrate directs whether the defendant should be tried in the Magistrate Court or in the High Court.