Courts of Criminal Jurisdiction Flashcards

Flashcards on Courts of Criminal Jurisdiction

Jurisdiction

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

Territorial Jurisdiction

Relates to instances where a crime is partially or wholly committed in one state but the offender is arrested in another state, or where elements of a crime are committed in different jurisdictions.

Venue of Criminal Trial

The location where a trial takes place; Section 93 ACJA specifies that an offence shall be tried by a court within the local limits of whose jurisdiction the offence was committed, or the consequence of the offence has ensued.

Customary Court

Formerly known as Native courts, these courts are found in the Southern States of Nigeria and entertain cases such as violations of bye-laws and rules of Local Government.

Magistrates’ Courts (South)

Established in all States in the Federation by the Magistrates Court Laws of various States, these courts have jurisdiction to try all non-indictable offences and indictable offences other than capital offences with the consent of the accused person.

High Court (South)

Provided for under Section 270 of the 1999 Constitution (As Amended), this court has the power to try both indictable and non-indictable offences, including those carrying capital punishment; its jurisdiction is unlimited.

Area Courts

Created by the Area Courts Laws of various States of the former Northern Region, these courts have varying grades with different jurisdictional limits; they try persons whose parents are indigenous to Africa and offences under the Penal Code.

Shari’a Court

Established in some Northern States of Nigeria, these courts apply the Shari’a Penal Code and have jurisdiction over Muslims and non-Muslims who submit to their jurisdiction.

Magistrates’ Court (FCT)

These courts have varying grades with specific limits on imprisonment terms, fines, and caning, as per the Magistrate Court (Increase of Jurisdiction of Magistrates) Order, 2014.

Juvenile Courts

Established under the Children and Young Persons Act, these courts try juvenile offenders, children, and young persons, with certain exceptions for offences carrying capital punishment or joint charges with adults.

Court Martial

Established under the Armed Forces Act, this court tries members of the Nigerian Army, Navy, and Air Force for both military and civil offences.

Code of Conduct Tribunal

Established under the 1999 Constitution, this tribunal has jurisdiction to try public officers for breaches of the Code of Conduct.

Federal High Court

Set up in 1973, this court has criminal jurisdiction over treason, treasonable felony, and allied offences, as well as items listed under subsection 1 of S.251 of the Constitution.

National Industrial Court

Established under the 1999 Constitution, this court has jurisdiction over matters arising out of employment, labour, and industrial relations, including enforcement of fundamental human rights and international labour standards.

International Criminal Court

Created by the Rome Statute, this independent tribunal has jurisdiction over persons for the most serious crimes of international concern, including genocide, crimes against humanity, war crimes, and the crime of aggression.

Genocide (Article 6 of the Rome Statute)

Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.

Crimes Against Humanity (Article 7 of the Rome Statute)

Acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.

War Crimes (Article 8 of the Rome Statute)

Grave breaches of the Geneva Conventions of 12 August 1949 and other serious violations of the laws and customs applicable in international armed conflict.