UNIT 1

OVERVIEW OF CRIMINAL LITIGATION

Criminal litigation in Nigeria refers to the legal process through which the state prosecutes individuals or entities accused of committing criminal offenses. The purpose of criminal litigation is to ensure that justice is served by holding offenders accountable for their actions while protecting the rights of the accused.
Criminal litigation begins with the investigation of an alleged crime, followed by the arrest and arraignment of the accused before a competent court. The trial process involves presenting evidence, examining witnesses, and arguing legal points before a judge or jury. The prosecution bears the burden of proving the guilt of the accused beyond a reasonable doubt. If the accused is found guilty, they may be sentenced to imprisonment, fines, or other penalties as provided by law.
In Nigeria, criminal offenses are broadly categorized into felonies, misdemeanors, and simple offenses. Felonies are the most serious offenses and attract severe penalties, while misdemeanors and simple offenses are less severe and attract lighter penalties. See the administration of criminal justice act (ACJA) 2015 which governs criminal procedure in federal courts and is applicable in several states. It provides guidelines for the administration of criminal justice, ensuring fair trials and protecting the rights of the accused.

JURISDICTION IN CRIMINAL LITIGATION

Jurisdiction in criminal litigation refers to the legal authority of a court to hear and decide a criminal case. In Nigeria, jurisdiction is determined by several factors, including the nature of the offense, the location where the offense was committed, and the type of court. See sections 6, 230, and 236 of the constitution of the federal republic of Nigeria, 1999 (as amended) which provide the framework for the establishment and jurisdiction of courts in Nigeria.

1. Nature of the offense: The nature of the offense determines which court has jurisdiction to try the case. Offenses in Nigeria are classified under the criminal code act (for the southern states) and the penal code act (for the northern states). The classification of offenses impacts the court’s jurisdiction and it includes:
   
   1. Felonies: these are serious offenses such as murder, armed robbery, and treason are usually tried by the high court. See the case of Ogbomor v. State (1985) 1 NWLR (Pt. 2) 223, where the supreme court held that murder, being a felony, falls within the jurisdiction of the high court.
   2. Misdemeanors and simple offenses: these are less serious offenses such as assault and theft may be tried by magistrate courts. See the case of Nnajiofor v. State (1988) 1 NWLR (Pt. 74) 22, where the court affirmed that the magistrate court had jurisdiction to try offenses of theft under the criminal code.
2. Location of the offense: The location where the crime was committed also plays a crucial role in determining jurisdiction. Generally, a court in the geographical area where the offense occurred has the jurisdiction to try the case. This principle is based on the legal maxim locus delicti commissi, meaning the place where the crime was committed. For example, if an offense is committed in Lagos state, the courts in Lagos state will have jurisdiction. However, if the offense involves multiple states, the federal high court may assume jurisdiction, especially if the offense involves federal laws.
3. Type of court: this is where different courts have different jurisdictions in criminal matters. The following are the main courts involved in criminal litigation in Nigeria:
   
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   1. Magistrate courts: These courts have jurisdiction over less serious offenses (misdemeanors and simple offenses). The extent of their jurisdiction varies depending on the grade of the magistrate. Magistrate courts are often the first point of contact for criminal cases. See the magistrates’ courts law which governs the jurisdiction and procedure of Magistrate Courts in various states.
   2. High courts: The high courts have jurisdiction over serious offenses (felonies) and have the power to impose severe penalties. The high court is the court of first instance for capital offenses like murder and armed robbery. See the high court laws which outlines the jurisdiction and powers of the high court within the state and the case of Amadi v. State (1993) 8 NWLR (Pt. 314) 644, where the supreme court confirmed the exclusive jurisdiction of the High Court in cases of armed robbery.
   3. Federal high court: This court has jurisdiction over offenses related to federal laws, such as customs, immigration, and financial crimes. The federal high court also handles cases involving terrorism and other offenses that fall under the purview of federal agencies.
   4. Court of appeal: The court of appeal hears appeals from the decisions of the high courts and federal high court in criminal matters. The court of appeal reviews the legal correctness of the trial court's decision.
   5. Supreme court: The supreme court is the highest court in Nigeria and has appellate jurisdiction over criminal cases from the court of appeal. It serves as the final arbiter in criminal litigation. See the case of Ogba v. State (1992) 2 NWLR (Pt. 222) 164, where the supreme court affirmed the conviction and sentence of the appellant, highlighting the court's role in final appellate jurisdiction.

CONCLUSION

Jurisdiction is a critical aspect of criminal litigation, determining which court has the authority to hear and decide a case. Understanding the nature of the offense, the location of the crime, and the type of court is essential in navigating the criminal justice system in Nigeria. The relevant statutes and case law provide a framework for ensuring that criminal cases are adjudicated fairly and justly.