CRIMINAL LITIGATION LECTURE SCHEDULE AND TASK (WEEK 3) " INTRODUCTION TO CRIMINAL LITIGATION AND OVERVIEW OF COURSE"

COUNCIL OF LEGAL EDUCATION

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION LECTURE SCHEDULE AND TASK (WEEK 3)

MONDAY NOVEMBER 21, 2016

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.

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 assignments are on individual bases.

ASSIGNMENT AND TASKS

1. 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 institution of the matter in the Federal High Court.

(b)  The propriety or otherwise of the objection of learned counsel to the Defendants.

(c)   The propriety or otherwise of the response of the prosecution counsel to the objection.

(d)  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?

(e)  Would your answer be different in (1b) above if the defendants were arraigned at the Federal High Court Nasarawa? Give reasons for your answer.

2. 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 adoption of written addresses.

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 blown 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 the next 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 accordingly. 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, Enugu and Federal Capital Territory, Abuja 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.

3. Prince Ibukun Dimgba Dumebi of Abala Kingdom was called to the Nigerian Bar on 23^rd October 2015. He decided to appear with their family lawyer in a Magistrate Court sitting in Abakalike Ebonyi State and appeared in his royal traditional attire being a Prince and not permitted by Custom to dress in any other attire aside traditional/royal attire. 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 that the custom of his people permits him to so appear in such attire 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.  He also informed the court that he has paid his practicing fee. He called the presiding Magistrate by his name and urged him not to descend into the arena.

Answer the following questions with the aid of judicial and statutory authorities:

1. As a senior member of the Bar comment on the correct position of the law and identify any unethical conduct of the parties.
2. Would your answer be different if the proceedings were before a Customary Court in Ebonyi State? Give reasons for your answer.
3. Announce your appearance in writing as if you are announcing it orally from the Magistrates’ Court to the Supreme Court.
4. List the mode of dressing of both male and female lawyers from Customary Court to Supreme Court in Nigeria.

4. At the trial of Aboniki Kikelemo before his Lordship Hon. Justice Abike Osuala of the High Court of Makurdi, Benue 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 Makurdi, comment as to the setting of the court.

5. State the mode of addressing litigants in criminal proceedings in Nigeria in all the jurisdictions.
6. Mention the similarities and differences if any between criminal and civil proceedings in Nigeria.
7. List and discuss the various laws that govern criminal litigation in Nigeria.
8. Which of the laws in (7) 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

1. O.A Onadeko: The Nigerian Criminal Trial Procedure
2. Bob Osamor: Criminal Procedure Laws and Litigation Practices (2^nd Edition).
3. Afolayan A.F: Criminal Litigation in Nigeria (3^rd Edition).
4. Agaba J.A: Practical Approach to Criminal Litigation in Nigeria (3^rd edition).
5. YDU Hambali: Practice and Procedure of Criminal Litigation In Nigeria.
6. Orimogunje O.O: Law of Evidence in Civil and Criminal Litigation in Nigeria.
7. E-Handbook on Criminal Litigation
8. Ashi V. B: Basic Skills in Trial Advocacy
9. Agbedo, F: Rights of Suspects and accused persons under Nigerian Criminal Law.
10. Adedokun E. Handbook on the Innovations of the 2011 Evidence Act.

STATUTES/LAWS

1. Administration of Criminal Justice Act 2015
2. Administration of Criminal Justice Law 2011
3. 1999 Constitution of the Federal Republic of Nigeria as amended.
4. Evidence Act 2011 as amended.
5. Criminal Code law of Lagos State.
6. Penal Code.
7. Criminal Code.
8. Criminal Procedure Code Law of the various States
9. Criminal Procedure Laws of the various States.
10. The Police Act.
11. The Armed Forces Act.
12. The Legal Aid Act.
13. The Children and Young Persons Act, etc.