INTRODUCTION TO CRIMINAL LITIGATION

What are the requirements for an act or omission to constitute a crime?

It must:

1. Be defined in a written law; and

2. Have a prescribed punishment.

Authority: Section 36(12) CFRN 1999.

Which case established that there is no crime without a written law?

Aoko v. Fagbemi, Asake v. Nigerian Army

What marks the commencement of a criminal trial?

Arraignment

Under the Evidence Act, who bears the burden of proof?

The party who would fail if no evidence is produced.

Authority: Section 132 EA.

He who asserts must prove. What section?

Section 131 EA

What is the standard of proof in criminal cases?

Proof beyond reasonable doubt.

Section 135 EA.

What constitutional provision establishes the presumption of innocence?

Section 36(5) CFRN.

Principle: Every accused person is presumed innocent until proven guilty.

What are the principal enactments in Criminal litigation?

1. The Administration of Criminal Justice Act, 2015

2. The Administration of Criminal Justice Law, Lagos, 2015 (as amended in 2021)

3. The Administration of Criminal Justice Law, Kano 2019

Where there is a lacuna in the ACJL KANO…

S 457 ACJL KANO says the judge may make rules to carry out the effect of the law

the court may apply any procedure that will meet the justice of the case.

Where there is a lacuna in the ACJA…

SECTION 492(3) ACJA says recourse should be had to a procedure that will meet justice of the case.

Where there is a lacuna in the ACJL LAGOS…

SECTION 262 OF ACJL (Lagos) says that the court shall adopt such procedure which will in its view do substantial justice between the parties concerned.

Courts of Original Criminal jurisdiction. (Courts you can commence criminal proceedings at first instance) Mention them.

a. Customary Court

b. Area Court

c. Sharia Court

d. Magistrate Court

e. High Courts.

Courts of Appellate Criminal Jurisdiction. (Courts that only entertain criminal matters on appeal). Mention them.

Court of Appeal and Supreme Court.

 

Courts of Special Criminal Jurisdiction.

(These are courts set up to try particular types of offences or particular classes of offenders)

a. Federal High Court

b. National Industrial Court

c. Juvenile Court

d. Court Martial

e. International Criminal Court.

What are the juridical days?

 

Monday to Saturday

Effect of Court sitting on a non juridical day. (Public Holidays and Sundays)

 

It’s a nullity. Balogun v. Odumosu

Exceptions to sitting on non-juridical days

Parties Agreement - Ososanmi V. C.O.P.

Statute authorizes it - Falaye v Obasanjo

What are the settings of a court? 6 parts

Bench, Registrars Desk, Bar, Dock, Witness Box, Gallery