Group 2' Nls Lagos Campus: CRIMINAL LITIGATION SCHEDULE AND TASKS WEEK 4

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION SCHEDULE AND TASKS WEEK 4 - November 23, 2015.

TOPIC- SEARCHES, ARREST AND CONSTITUTIONAL RIGHTS.

OUTCOMES:

At the end of this lesson students would be able to:

Discuss and explain the power of arrest and searches in criminal proceedings;
Explain how criminal summons, search warrants and warrants of arrest are obtained and executed and the admissibility of materials recovered during searches;
List and explain the Constitutional/procedural rights and safeguards of an accused person in these procedures;
Complete/draft forms of summons and warrants.

CONTENTS

1. Authority to issue a search warrant

2. Authority to issue a warrant of arrest

3. Execution of search warrant,

4. Execution of warrant of arrest

5. Admissibility of materials obtained in the course of an unlawful search.

6. Procedure for challenging unlawful searches and arrest and Constitutional safeguards relating to these procedures.

INSTRUCTIONS TO STUDENTS

Students are expected to read the topic in advance paying particular attention to the statutes, cases and materials provided.
The groups will prepare the assignment on topics listed against their names below and be ready to present them in class.
Note that all groups must research on all the assignments and relate their work to the Scenarios given below.
All presentations must be by power point. Soft copies to be sent by email latest by 7 pm Sunday evening and hardcopies to be submitted in class by 8.30 am on Monday.

ASSIGNMENTS AND TASKS

GROUP 1: Based on Scenario 1 discuss the propriety or otherwise of the Search warrant issued by Inspector Danladi (Fill Form D)

GROUP 2: Using Scenario 1 discuss the search carried out by the four Policemen and the arrest by Cpl. Mumuni.

GROUP 3: Using Scenario 1 discuss the Admissibility of evidence retrieved from the women’s quarters support your answer with relevant cases.

GROUP 4: Discuss Issuance and Execution of Summons (Fill Form 4) using Scenario 1 below.

GROUP 5: Assuming the Police want to effect the arrest of Kuka Dantata with warrant how will they go about it ( Attach Form 6 duly filled please).

GROUP 6: Using Scenario 2 discuss Arrest without warrant and persons who have authority to do so.

GROUP 7: Discuss Arrest and what constitutes a lawful arrest. ( Be prepared to role play arrest in class)

GROUP 8: Using Scenario 2, Discuss the procedure for execution of warrant of arrest outside the state of issue?

GROUP 9: Using Scenario 2, Comment on the Detention of Killango for 3months without trial in the light of his Constitutional rights, support your answers with relevant authorities.

GROUP10: Discuss The Constitutional Safeguards relating to searches and arrest.

N.B Groups completing forms, should use precedence forms at the back of the Handbooks/ACJA.

SCENARIO 1

1. On a complaint by Kuka Dantata that Subairu Yunusa had in his house Dollar Currency notes suspected to be fake, he was visited by four men of the Police Force. They informed him that they have come to search his premises upon which he requested to see the Search warrant. They said it has been inadvertently left behind at the Police Station. Subairu refused to let them into the house because his two wives who are in seclusion (purdah) and not allowed to see men and that 12midnight is an ungodly hour to carry out a search in Adamawa State. The Police Officers turned deaf ears to all his entreaties, forced their way into the premises and turned the whole house upside down. Not finding any fake currency notes they proceeded to the wives’ quarters ransacked their rooms and while searching one of the women’s body they found bundle of lace materials suspected to be contraband. Corporal Mumuni quickly handcuffed her and took her to the Station. The husband followed them and on getting to the Station the Police Officers showed him the Search warrant issued by Inspector Danladi which was also duly signed by him. Subairu Yunusa vowed to sue Kuka Dantata for the false allegation against him that put him in this mess,but first he has to get a lawyer to defend his wife and possibly release her on bail.

SCENARIO 2

2. A Magistrate received a phone call that one Mr Killandgo committed the offence of adultery in Ikeja Magisterial District. He quickly issued a warrant of arrest directing two Police officers Tanko and Jammal to bring the accused person to answer the case against him. On getting to his house in Ajegunle, Ikeja it was learnt that he travelled to Kubwa a district in the Federal Capital Territory Abuja. The two Police officers proceeded to Abuja for the arrest of the accused. There they were given a tip off of his where about and he was immediately arrested and brought back to Lagos. He was kept in custody for about three months without being charged to court.

RECOMMENDED BOOKS AND MATERIALS.

BOOKS.

1. O. A. ONADEKO: THE NIGERIAN CRIMINAL TRIAL PROCEDURE

2. AGABA J.A: PRACTICAL APPROACH TO CRIMINAL LITIGATION IN NIGERIA

3. AFOLAYAN A.F: CRIMINAL LITIGATION IN NIGERIA

4. OLUWATOYIN DOHERTY: CRIMINAL PROCEDURE IN NIGERIA; LAW AND PRACTICE

5. BOB OSAMOR: FUNDAMENTALS OF CRIMINAL PROCEDURE IN NIGERIA

6. AGBEDO F: RIGHTS OF SUSPECTS AND ACCUSED PERSONS UNDER NIGERIAN CRIMINAL LAW

7. E- HANDBOOK ON CRIMINAL LITIGATION

8. YDU HAMBALI: PRACTICE AND PROCEDURE OF CRIMINAL LITIGATION IN NIGERIA.

9. ASHI V.B : BASIC SKILLS IN TRIAL ADVOCACY.

STATUTES.