22 Jan

CRIMINAL LITIGATION WEEK 3 (INTRODUCTION)

WEEK 3. INTRODUCTION TO CRIMINAL LITIGATION. :: INTRODUCTION / OVERVIEW / SCOPE OF CRIMINAL LITIGATION. Criminal Litigation encompasses from the moment a complaint is made, to arrest, arraignment, obtaining of evidence, constitutional safeguards, trial, judgment, appeal, prerogative of mercy. :: COMPARISON OF THE RULES AND LAWS APPLICABLE IN DIFFERENT PARTS OF NIGERIA. PREFERABLY TABULAR. :: […]

22 Jan

CRIMINAL LITIGATION WEEK 5 (SEARCHES, ARRESTS AND WARRANTS)

WEEK 5 SEARCHES, ARRESTS AND CONSTITUTIONAL RIGHTS. An accused’s presence may be secured through:” Summons. Arrest with Warrant. Arrest without Warrant. Section 113 ACJA. :: ISSUE OF CRIMINAL SUMMONS: 79-94 ACJL, Section 79 ACJL The magistrate or judge (justice of peace for the North) usually issues a summons against a suspect (directing him to appear […]

22 Jan

CRIMINAL LITIGATION WEEK 7 (INSTITUTION OF CRIMINAL PROCEEDINGS)

WEEK 7 INSTITUTION OF CRIMINAL PROCEEDINGS. Suits should be commenced in the proper (seized and constituted) court through the proper process by the proper person(s). Green v Green, Madukolu v Nkemdilim. :: PERSONS WHO HAVE POWER TO INSTITUTE CRIMINAL PROCEEDINGS. – THE ATTORNEY GENERAL: 174 and 211 CFRN. Except in a Court Martial. The Federal […]

22 Jan

CRIMINAL LITIGATION WEEK 8 CHARGES (1)

WEEK 8 CHARGES. A charge[1] is a document usually drafted and signed by the prosecutor or magistrate (in North) containing the statement and particulars of offences with which an accused is brought before a court- S 1 CPC, S 2 CPL. Serve to intimate the accused as required by Section 36 CFRN. :: FORM AND […]

22 Jan

CRIMINAL LITIGATION WEEK 9 (CHARGES 2)

WEEK 9 CHARGES (2) :: DRAFT A CHARGE IN THE VARIOUS COURTS IN NIGERIA. (Magistrate and State High  Court North, Magistrate and State High Court South, FHC and NIC. Refer to the Drafts Version. :: AMENDMENT OF CHARGES (PROCEDURE BEFORE AND AFTER). Charges can be amended at any time before judgment to edit content or […]

22 Jan

CRIMINAL LITIGATION WEEK 10 (BAIL)

WEEK 10 BAIL Bail is the temporary/conditional release of an accused or suspect from custody pending his arraignment in court or pending the determination of his case or pending appeal. Bail is granted to prevent unlawful detention of the accused (who has the right to be presumed innocent) beyond a reasonable time–Section 35 and 36 […]

22 Jan

CRIMINAL LITIGATION WEEK 11 (CONSTITUTIONAL SAFEGUARDS)

WEEK 11. CONSTITUTIONAL SAFEGUARDS TO ENSURE FAIR TRIAL OF AN ACCUSED PERSON. Especially Section 34, 35 and 36 of the 1999 Constitution –             RIGHT TO BE INFORMED (IN DETAILS) OF THE CRIME ALLEGED: in the language he understands (prior to the trial, at the beginning of the trial or when he is arraigned) Section […]

22 Jan

CRIMINAL LITIGATION WEEK 12 (CONSTITUTIONAL SAFEGUARDS CONTD.)

WEEK 12. CONSTITUTIONAL SAFEGUARDS CONTD. – RIGHT TO BE TRIED ONLY FOR AN OFFENCE DEFINED IN A WRITTEN LAW: and punishment prescribed thereof-Section 36(12) CFRN Aoko v Fagbemi[1] AG Federation v Dr Clement Isong. –             RIGHT TO SILENCE: Section 36(9) CFRN. As accused must not be compelled to give evidence at his trial. Judge […]