Week 3 Criminal Litigation: Sources of Law, Courts & Jurisdiction

Welcome back to our Bar Finals study series! Today, we are taking a deep, extensive dive into Week 3 of Criminal Litigation: Introduction, Sources of Law, Courts, Jurisdiction, and Venue.

To crush the Bar Finals, you need more than just general principles -- you need to back up your arguments with hard statutory provisions and judicial authorities. Grab your highlighters, because we are unpacking everything extensively!

SEGMENT 1: THE STAGES OF CRIMINAL PROSECUTION

Before you dive into the complex rules, you must know the procedural journey of a criminal case -- from the moment a suspect is apprehended to the final appellate decision. Examiners regularly ask students to list or apply these stages.

The stages of criminal prosecution are:

1. Arrest
2. Charge
3. Bail
4. Institution of Action
5. Arraignment
6. Plea
7. Trial
8. Conviction
9. Allocutus (plea for mercy before sentencing)
10. Sentencing
11. Appeal

Mnemonic: "A C B I A P T C A S A"

All Cops Buy Ice-cream After Police Training, Catching All Suspects Always.

SEGMENT 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 FCT.

The Principal Enactments:

• 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.
• Administration of Criminal Justice Act (ACJA) 2015: Applies to Federal Courts (e.g., the Federal High Court) and courts in the FCT.
• Administration of Criminal Justice Laws (ACJL): Applies in states that have domesticated the ACJA (e.g., ACJL Lagos 2021, ACJL Kano 2019).
• Evidence Act 2011: Governs the admissibility of evidence during trial (e.g., Sections 131-135 on burden of proof).
• Court Rules & Practice Directions: Specific rules of each court that regulate practice and procedure.

Mnemonic for Sources of Law: "C C P E C"

Cats Chase Plump Extra Chickens.

• Constitution (1999)
• Case Law (Judicial Precedents)
• Principal Enactments (ACJA, ACJL)
• Evidence Act (2011)
• Court Rules & Practice Directions

SEGMENT 3: FILLING PROCEDURAL LACUNAE (THE "ENGLISH RULES" DEBATE)

What happens when a novel procedural issue arises during 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 the old laws, specifically Section 363 of the Criminal Procedure Act (CPA), trial judges were instructed to apply the English High Court Rules of Practice whenever there was a lacuna (gap) in the local laws.

Under the old regime, English rules were applied to fill gaps in cases such as Board of Customs & Excise v. Hassan, Ikomi v. Police, and Simidele v. C.O.P. In Simidele v. C.O.P, because the CPA was silent on how to apply for bail at the High Court after it was refused by a Magistrate, the English procedure of applying by summons was adopted.

The Modern Position (Current Law):

The importation of English rules is now obsolete! Today, the law strictly forbids reverting to English rules.

• Under Section 492(3) of the ACJA 2015 and Section 262 of the ACJL, where there are no express provisions in the law, the Court is mandated to apply any procedure that will "meet the justice of the case."
• Section 12 of the High Court Law of Lagos State is also relevant in guiding the court's inherent powers to regulate procedure.

Exam Takeaway: When a question asks about a gap in the ACJA/ACJL, cite S.492(3) ACJA or S.262 ACJL and the "justice of the case" standard. Contrast with the old S.363 CPA and Simidele v. C.O.P.

SEGMENT 4: COURTS -- SETTING & LEGAL REPRESENTATION

Understanding where and how courts operate is vital for your practice.

Types of Courts with Criminal Jurisdiction:

• 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:

A standard Nigerian courtroom has specific features and seating arrangements that are regularly tested with trick questions:

• The Bench (Dias): Elevated seating for the Judge/Magistrate. Above the judge you will typically find the Portrait of the President, the Portrait of the Presiding Judge/Governor, and the Nigerian Flag.
• The Registrar: Common exam trick -- the Registrar sits directly in front of or below the Judge. They do not sit behind the Bar.
• The Bar: Where the lawyers sit. SANs and senior benchers occupy the front row; junior counsel sit behind.
• The Dock: Where the accused/defendant stands to take their plea and face trial. They must be unfettered (no handcuffs) unless violent.
• The Witness Box: Where witnesses give testimony under oath.
• The Gallery: The seating area at the back for the general public -- the principle of "Open Court."

Legal Representation -- The SAN Rule:

Can a Senior Advocate of Nigeria (SAN) appear before an inferior court like a Magistrate Court?

• The General Rule: The Supreme Court has held that a Senior Advocate of Nigeria cannot appear before an inferior court.
• Note for practice: While a recent Magistrate's Court decision argued that preventing a SAN from appearing violates the defendant's right to counsel of their choice under Section 36(6)(c) of the CFRN 1999, the Supreme Court's restriction remains the guiding authority for your exams.

SEGMENT 5: JURISDICTION & VENUE (FORUM SHOPPING)

Jurisdiction is the lifeblood of any criminal trial. If a court lacks jurisdiction, the entire trial is a nullity -- no matter how well-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. Section 26 of the NDLEA Act confers exclusive jurisdiction on the Federal High Court to try drug-related offenders.
• State High Court: Handles capital offenses like murder and armed robbery within the state.
• Magistrate Courts: A Magistrate Court in Lagos has no jurisdiction to try capital offenses (like murder or armed robbery) -- such matters must be transferred to the State High Court.

Territorial Jurisdiction (Venue) & Forum Shopping:

As a general rule, a criminal charge must be filed and tried in the judicial division where the offense was committed. If the prosecution leaves the proper venue and files the charge in a different judicial division merely for their own convenience, this illegal practice is known as Forum Shopping.

• Relevant Case Law -- Ibori v. FRN: The appellate court held that the arraignment of the defendants before the Federal High Court in the Yenagoa Judicial Division (instead of where the crime actually occurred) amounted to illegal forum shopping. This robs the court of its territorial competence.

Exam Takeaway: Cite Ibori v. FRN whenever the prosecution files a case in the wrong territorial division.

SUMMARY CHECKLIST FOR EXAMS

• Stages of Prosecution: Memorise the 11 stages via the mnemonic "A C B I A P T C A S A."
• Sources of Law: Use the mnemonic "C C P E C" (Constitution, Case Law, Principal Enactments, Evidence Act, Court Rules).
• Gaps in Procedure: Quote S.492(3) ACJA or S.262 ACJL -- English rules no longer apply. Contrast with old S.363 CPA and 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 in the wrong territorial division.
• Registrar's Position: The Registrar sits in front of/below the Judge, not behind the Bar -- common exam trick!
• Capital Offences: Magistrate Courts lack jurisdiction. Only the State High Court can try murder, armed robbery, etc.
• SAN in Inferior Courts: Supreme Court authority says SANs cannot appear in inferior courts -- this is the exam position.

Ready to test your knowledge?

Try this quick 3-question Joust taken straight from our past questions database.