NIGERIAN LAW SCHOOL
LAGOS CAMPUS
CRIMINAL LITIGATION
LECTURE SCHEDULE AND TASK (WEEK 3) MONDAY NOVEMBER 16, 2015
TOPIC: INTRODUCTION TO
CRIMINAL LITIGATION AND OVERVIEW OF COURSE
OUTCOMES
At
the end of this lesson students would be able to:
1.
Discuss the scope of the criminal litigation course;
2.
List and Compare the laws/rules applicable in various
courts & in various parts of Nigeria;
3.
Explain and identify the sources of the laws/rules
guiding criminal litigation in Nigeria.
4.
Explain the types, sittings and settings of courts.
CONTENTS
1.
Introduction to Criminal Litigation.
2.
Overview of Criminal Litigation
3.
Sources of the law/rules guiding criminal proceedings
4.
Types, sittings and settings of criminal courts
5.
Laws/rules applicable in various courts and parts of
Nigeria.
ACTIVITY BEFORE CLASS
Students
are to research on the laws and rules applicable in all criminal courts in
Nigeria. Focusing their attention on the statutes, cases and materials provided
on the subject. 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.
Students
are to research further on the laws and rules applicable to criminal litigation
in Nigeria including sources of criminal proceedings, the types, sitting and
setting of criminal courts.
All
presentation must be on power-point slides. Electronic copies of the solved
assignment/presentation must be submitted electronically by the group leader
latest Sunday 15th November, 2015 by 7.00pm to the designated
lecturer’s email. The hard copies are to be in each group’s file together with
signed comprehensive list of attendance latest by 9.00am Monday 16th
November, 2015.
Note students must come to class on
Monday with their Criminal Procedure Act; Criminal Procedure Code; The
Administration of Criminal Justice Law 2011; Administration of Criminal Justice
Act 2015; The 1999 Constitution of the Federal Republic of Nigeria.
All groups must solve all the
assignments from question 1-9.
ASSIGNMENT AND TASKS
- At the proceedings of the Federal High Court
Umuahia, on a charge of illicit trafficking in Drugs and other narcotic
substances against Buzzo Kalipa and Vajil Kanapa, counsel for the
Defendants Muson Muyidabad objected to the reliance of the prosecution
counsel on the criminal Procedure Act as the applicable procedural law to
the proceedings. Learned prosecution counsel Harunafat Yankarri from the
office of the Attorney General in his reply argued that the objection of
learned counsel to the Defendants is misconceived because Criminal
Procedure Act and Criminal Procedure Code is the applicable procedural law
in Criminal proceedings in the Federal High Court irrespective of where it
is sitting.
Comment with the aid of statutory and legal authorities on the
following:
(a) The
propriety or otherwise of the objection of learned counsel to the Defendants.
(b) The
propriety or otherwise of the response of the prosecution counsel to the
objection.
(c) What
is the correct position of the law assuming you believe that both the argument
of learned counsel for the prosecution and defence does not represent the
position of the law.
- Would your answer be different in (1) above if
the defendants were arraigned at the Federal High Court Nasarawa? Give
reasons for your answer.
- Pajerona Zuma is standing trial at the Lagos
State High Court sitting at Ikeja for armed robbery. His counsel while
addressing the court relied on the Criminal Procedure Act and
Administration of Criminal Justice Law 2007 as both applies in the South
and invited the court to adopt the procedure applicable in the High Court
of England for bail application. Prosecuting counsel vehemently objected
to the flagrant misapplication of the law. The court subsequently
adjourned for address.
However, on the eve of
the adjourned date due to a heavy down pour coupled with excessive wind
storm the court room was flooded and the
roof bown off. On the adjourned date the presiding judge elected to sit in a
nearby uncompleted primary school hall. Counsel for both the prosecution and
defence adopted their written address even though they both complained that the
sitting was a kangaroo court sitting.
At the end of the days
sitting, both counsel agreed with the judge in chambers that due to the nature
of the case, that the court should sit on a Saturday and Monday being a public
holiday as their witnesses being public servants will be free on those days to
testify. The defendant was eventually convicted and sentenced according. He
intends to appeal on grounds of miscarriage of justice as the court sat on a
Saturday and public holiday.
Comment with the aid of
judicial and statutory authorities on the following:
(a) The
reliance and applicability of Criminal Procedure Act and Administration of
Criminal Justice Law 2007 in criminal trials in Lagos.
(b) The
submission by counsel for the court to rely on the applicable procedure in High
Court of England in relation to bail application.
(c) Would
your answer be different if the submission in (b) above was made before the
High court sitting In Kaduna and Enugu respectively?
(d) The
legality of the court proceedings held in an uncompleted primary school
building.
(e) The
legality of the court proceedings held on Saturday and a public holiday.
- Prince Balanat Odogbu of Ogar Kingdom was called
to the Nigerian Bar on 23rd October 2015. He decided to appear
with their family lawyer in Magistrate Court sitting in Abakalike Ebonyi
State and appeared in his royal traditional attire being a Prince. When
the lead counsel announced his name the presiding Magistrate refused to
acknowledge his appearance on the ground of not being properly attired.
Prince Balanat insisted that he was properly attired as the court is not a
superior court and accordingly he has the right of audience in court
having being called to the Nigerian Bar and having his name enrolled at
the Supreme Court as a Barrister and Solicitor and more importantly having
paid his practicing fee. He called the presiding Magistrate by his name
and urged him not to descend into the arena.
As a senior member of
the Bar comment on the correct position of the law and identify any unethical
conduct of the parties buttressing your answer with judicial and statutory
authorities.
Would your answer be
different if the proceedings were before a Customary Court in Ebonyi State?
- At the trial of Sunguna Molinda before his
Lordship Hon. Justice Abinat Abinat of the High Court of Jos, Plateau
State, the dock was placed in front of the judge and the witness box at
the left hand side of the judge while the Bar was to the judge right hand.
The court registrar’s desk was placed at the back of the judge and the
gallery located opposite the judge.
As a senior member of
the Bar in Jos comment as to the setting of the court.
- State the mode of dressing, addressing the court
and litigants in criminal proceedings in Nigeria.
- Mention the similarities and differences if any
between criminal and civil proceedings in Nigeria.
- List and discuss the various laws that govern
criminal litigation in Nigeria.
- Which of the laws in (8) above is of general
application in Nigeria? Attempt the grouping of the laws applicable in the
North and South respectively.
RECOMMENDED TEXT BOOKS AND MATERIALS
- O.A Onadeko: The Nigerian Criminal Trial Procedure
- Bob Osamor: Criminal Procedure Laws and Litigation Practices (2nd Edition).
- Afolayan A.F: Criminal Litigation in Nigeria (2nd Edition).
- Agaba J.A: Practical Approach to Criminal Litigation in Nigeria (2nd edition).
- YDU Hambali: Practice and Procedure of Criminal Litigation In Nigeria.
- Orimogunje O.O: Law of Evidence in Civil and Criminal Litigation in Nigeria.
- E-Handbook on Criminal Litigation
- Ashi V. B: Basic Skills in Trial Advocacy
- Agbedo, F: Rights of Suspects and accused persons under Nigerian Criminal Law.
- Adedokun E. Handbook on the Innovations of the 2011 Evidence Act.
STATUTES/LAWS
- Administration of Criminal Justice Act 2015
- Administration of Criminal Justice Law 2011
- 1999 Constitution of the Federal Republic of Nigeria as amended.
- Evidence Act 2011 as amended.
- Criminal Code law of Lagos State.
- Penal Code.
- Criminal Code.
- Criminal Procedure Code Law of the various States
- Criminal Procedure Laws of the various States.
- The Police Act.
- The Armed Forces Act.
- The Legal Aid Act.
- The Children and Young Persons Act, etc.
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