Criminal Litigation Masterclass: Introduction, Sources, Courts, and Jurisdiction
Justice Joust Editorial
Legal Content Team
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- 11 Stages of criminal prosecution (A C B I A P T C A S A)
- 5 Primary sources of criminal law (Constitution, Case Law, ACJA/ACJL, etc.)
- Modern position on English Rules (S. 492 ACJA vs. S. 363 CPA)
- Courtroom Setting analysis (J R B D W G)
- Subject-matter and Territorial Jurisdiction
Hello Class. Welcome to another exciting study session!
If you are preparing for your Bar Finals, Week 3 of Criminal Litigation is the foundational bedrock you need to understand the entire course.
In this comprehensive blog post, we will unpack Week 3: Introduction to Criminal Litigation, Sources of Law, Courts, Jurisdiction, and Venue. Grab your highlighters, because we are breaking this down into bite-sized, easy-to-understand pieces, complete with legal authorities and mnemonics to help it stick!
1. Scope and Stages of Criminal Litigation
Criminal litigation is the process of trying a person accused of a crime. To master this course, you must understand the chronological journey of a criminal case from the moment a crime is suspected to the final appellate decision.
The stages of criminal prosecution include: Arrest, Charge, Bail, Institution of Action, Arraignment, Plea, Trial, Conviction, Allocutus, Sentencing, and Appeal.
Mnemonic for the Stages: "A C B I A P T C A S A"
"All Cops Buy Ice-cream After Police Training, Catching All Suspects Always."
- A Arrest
- C Charge
- B Bail
- I Institution of Action
- A Arraignment
- P Plea
- T Trial
- C Conviction
- A Allocutus
- S Sentencing
- A Appeal
2. Sources of Criminal Litigation Law
You cannot practice criminal law without knowing where the rules come from. The laws governing criminal procedure vary depending on whether you are in the North, South, or Federal Capital Territory (FCT).
The principal enactments and sources include:
- Administration of Criminal Justice Act (ACJA) 2015: Applies to Federal Courts (like the Federal High Court) and courts in the FCT.
- Administration of Criminal Justice Laws (ACJL): Applies in the respective Southern and Northern states that have enacted them (e.g., ACJL Lagos 2021, ACJL Kano 2019).
- The 1999 Constitution (as amended): The grand norm. For example, Section 36(6)(c) guarantees the right of a defendant to a legal practitioner of their choice.
- Evidence Act 2011: Governs the admissibility of evidence during the trial (e.g., Sections 131-135).
Mnemonic for Sources of Law: "C C P E C"
"Cats Chase Plump Extra Chickens."
3. Procedural Lacunae: The "English Rules" Debate
What happens when a novel procedural issue arises during a trial, and the ACJA or ACJL is completely silent? How does the judge fill this gap? This is a highly examinable area!
The Old position (Repealed Laws)
Under Section 363 of the Criminal Procedure Law (CPL), trial judges were instructed to apply the English High Court Rules of Practice whenever there was a lacuna (gap) in the local laws.
*Relevant Case Laws: Board of Customs & Excise v. Hassan, Ikomi v. Police, and Simidele v. C.O.P.
The Modern Position (Current Law)
Importation of English rules is now obsolete! Today, Section 492(3) of the ACJA 2015 and Section 262 of the ACJL mandate the Court to apply any procedure that will "meet the justice of the case."
Takeaway: Modern Nigerian law forbids reverting to English rules to fill procedural gaps.
4. Types, Settings, and Sittings of Courts
Understanding where and how courts operate is vital for your practice. Master the layoutespecially the fact that the Registrar sits in front of the judge, not behind the Bar.
Types of Courts:
- General Criminal Jurisdiction: State High Courts, Federal High Courts, and Magistrate Courts. (Note: Customary Courts generally do NOT have criminal jurisdiction).
- Special Criminal Jurisdiction: Court Martial, National Industrial Court, Juvenile Courts, and Coroner's Courts.
The Courtroom Setting:
Mnemonic for Court Setting: "J R B D W G"
"Justice Requires Brave Defenders Winning Glory."
Judge (Bench)
Elevated seating (Dias). Above sits the Portraits of President/Governor and the Flag.
Registrar
Sits directly below or in front of the Judge (never behind the Bar).
Bar (Lawyers)
Where lawyers sit. SANs and senior benchers occupy the front row.
Dock (Defendant)
Where the accused stands. Must be unfettered unless violent.
Witness Box
Where witnesses give testimony under oath.
Gallery (Public)
Seating for the general public (Open Court principle).
Legal Representation (The SAN Rule):
Can a Senior Advocate of Nigeria (SAN) appear before an inferior court? The Supreme Court has previously held that a SAN cannot appear before an inferior court like a Magistrate Court.
*Note for Practice: While a recent Magistrate's Court decision argued this violates Section 36(6)(c), the Supreme Court's restriction remains the guiding authority for your exams.
5. Jurisdiction and Venue (Forum Shopping)
Jurisdiction is the lifeblood of any trial. If a court lacks jurisdiction, the entire trial is a nullity, no matter how beautifully conducted.
Subject-Matter Jurisdiction:
This refers to the court's power over the type of offense.
- Federal High Court: Has exclusive jurisdiction over specific federal offenses. For instance, Section 26 NDLEA Act confers exclusive jurisdiction to try drug-related offenders.
- Magistrate Courts: In Lagos, Magistrates have no jurisdiction to try capital offenses (murder, armed robbery); these must be transferred to the State High Court.
Territorial Jurisdiction (Venue):
A criminal charge must be filed and tried in the judicial division where the offense was committed. Filing elsewhere merely for administrative convenience is illegal Forum Shopping.
6. Judicial Authorities (Case Laws) For Week 3
To help you master this week, here is every critical judicial authority extracted from the curriculum:
On Filling Procedural Lacunae (Historical Context):
- Board of Customs and Excise v. Hassan: Applied English rules for changing plea before judgment.
- Simidele v. C.O.P.: Applied English rules for bail applications at the High Court after Magistrate refusal.
- Ikomi v. The State: Applied English rules for judge's consent to file information.
On Jurisdiction and Venue:
- Ibori v. F.R.N.: Territorial jurisdictionadministrative convenience does not justify filing in a disconnected division.
- Njovens v. The State: Jurisdiction exists if an offender subsequently enters the territory, regardless of where the offence occurred.
On Court Sittings and Settings:
- Ososanmi v. C.O.P.: Saturday is a juridical day; public holiday sittings are valid with party consent.
- Oviasu v. Oviasu: Definition of "public place/open court" for constitutional compliance.
Definition and Appeals:
- Aoko v. Fagbemi: Offence must be created in written law (Reaffirming S. 36 CFRN).
- Akinbiyi v. Adelabu: Right of appeal is strictly for the accused and prosecutor, not the victim/complainant.
7. Statutory Authorities (Sections) For Week 3
ACJA 2015 & ACJLs
- S. 1 & 2(1): Purpose and application.
- S. 32 ACJA: Repealed the CPA.
- S. 93(1) & (2) ACJA: Territorial jurisdiction rules.
- S. 492(3) ACJA / S. 262 ACJL: Filling procedural gaps (Justice of the case).
- S. 494 ACJA: Statutory definition of an "offence".
- S. 371 ACJL Lagos / S. 1 ACJL Kano: State definition of "offence".
CFRN 1999 (as amended)
- S. 36(12): No conviction without written law.
- S. 36(4): Right to fair hearing in public.
- S. 35(5): Presumption of innocence.
- S. 251(1) & (2): Exclusive jurisdiction of FHC.
- S. 237, 240-243: Appellate jurisdiction.
Code defining Offence
- S. 2 Criminal Code: General definition of offence.
- S. 28 Penal Code: Defines act/omission forbidden by law.
- S. 286/287 PC: Theft and punishment.
- S. 131/135 Evidence Act: Burden/Standard of proof.
Other Relevant Statutes
- S. 26 NDLEA Act: FHC exclusive jurisdiction for drugs.
- S. 29 MCL: Magistrate jurisdiction (Non-capital).
- S. 6 LPA: Privileges of SANs/Benchers.
Summary Checklist For Exam Prep
- Gaps in Law: Quote S. 492(3) ACJA or S. 262 ACJL to show that English rules no longer apply. Case to know: Simidele v. C.O.P.
- Drugs/Narcotics: Always cite Section 26 NDLEA Act for the Federal High Court's exclusive jurisdiction.
- Forum Shopping: Cite Ibori v. FRN whenever the prosecution files a case in the wrong territorial division.
- Capital Offences: Remember that Magistrate courts lack subject-matter jurisdiction over capital offences like murder.
- Right of Appeal: Cite Akinbiyi v. Adelabu to prove only the accused/prosecutor can appeal.
Keep studying hard! Mastering these statutory sections and case laws will elevate your answers from average to excellent in the Bar Finals. If you have questions, drop a comment!
Introduction to Criminal Litigation Quiz
What is the legal effect of Section 492(3) of the ACJA 2015 regarding procedural gaps?
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