CRIMINAL LITIGATION

UNIT 10

TRIAL (TRIAL PREPARATION AND EVIDENCE)

TRIAL PREPARATION

  1. Investigation and discovery: Before the trial begins, both the prosecution and the defense engage in extensive preparation which includes the following:
      >
    1. Investigation: This involves gathering evidence, interviewing witnesses, and examining crime scenes. For the prosecution, this means collecting evidence to prove the defendant’s guilt beyond a reasonable doubt. For the defense, it involves finding evidence that may exonerate the defendant or weaken the prosecution’s case.
    2. Discovery: Nigerian criminal procedure provides for the discovery of evidence. See section 36(6) of the 1999 constitution of Nigeria which provides that every person accused of a crime has the right to be informed of the evidence against them. The prosecution is required to disclose the evidence it intends to rely on during the trial. This is critical for the defense to prepare a response.
  2. Pre-trial conferences: In some cases, pre-trial conferences are held to streamline issues, address procedural matters, and ensure that the trial proceeds efficiently. These conferences can help in the following:
      >
    1. Setting timelines: Establishing dates for filing motions, presenting evidence, and conducting the trial.
    2. Motions and applications: Both parties may file motions to address issues such as admissibility of evidence, dismissal of charges, or requests for specific court orders.


EVIDENCE

The evidence act 2011 is the principal statute governing evidence in Nigerian criminal trials. Key sections include those on the admissibility of documents, witness testimony, and confessions.

  1. Types of evidence: this includes the following;
      >
    1. Direct evidence: these are evidence that directly links the accused to the crime, such as eyewitness testimony or a confession.
    2. Circumstantial evidence: these are evidence that suggests the accused's involvement through indirect means. For example, fingerprints found at a crime scene.
    3. Documentary evidence: these are written records, such as contracts, letters, or official documents that are relevant to the case.
    4. Physical evidence: these are tangible items collected from the crime scene, like weapons or clothing.
  2. Rules of admissibility: Evidence must meet certain criteria to be admissible in court. See the case of Omoboriowo V. State (2006) 5 NWLR (PT 973) 290 where the court highlights the importance of relevance and materiality in determining the admissibility of evidence. Key principles includes the following:
      >
    1. Relevance: Evidence must be relevant to the case. See section 14 of the Evidence Act 2011 which states that evidence must be directly related to the facts in issue.
    2. Legality: Evidence must be obtained lawfully. Evidence obtained through illegal means (e.g., torture) is inadmissible and the evidence act prohibits the use of such evidence.
    3. Materiality: Evidence must be material to the case. It should have a bearing on the truth of the matters in dispute.
  3. Documentary evidence: Documentary evidence must be authenticated to be admitted. This involves proving the document’s genuineness. See sections 84-88 which outlines the procedures for the admissibility of documents, including public documents, electronic documents, and documents produced by a third party.
  4. Witness testimony: Witnesses play a crucial role in providing testimony that supports the evidence. Key aspects includes the following:
      >
    1. Competency: Witnesses must be competent to testify, which means they must have the capacity to understand and communicate their testimony. See section 163 of the evidence act 2011 which provides guidelines on the competency of witnesses.
    2. Oath or affirmation: Witnesses must take an oath or affirmation to tell the truth. This is a legal requirement provided under section 164 of the evidence act.
    3. Cross-examination: The defense has the right to cross-examine witnesses presented by the prosecution to challenge their testimony and credibility. Cross-examination is a vital aspect of ensuring a fair trial.
  5. Exhibits: Exhibits are items of evidence presented in court. Proper handling and documentation are essential and includes the following:
      >
    1. Chain of custody: Maintaining a chain of custody ensures that evidence has not been tampered with. This involves documenting who collected, handled, and transferred the evidence.
    2. Admissibility of exhibits: Exhibits must be relevant and material. The judge decides whether an exhibit can be admitted based on its relevance and compliance with legal standards.
  6. Admiissibility of confessions: Confessions must be voluntary and not obtained through coercion or undue influence. See section 28 of the Evidence Act 2011 where confessions made to police officers or other authorities are admissible only if they were made voluntarily and the case of Fatai-Williams V. State (2004) 7 NWLR (PT 874) 91 where the court discusses the standards for the admissibility of confessions and the necessity for confessions to be made voluntarily.
  7. Privilege and confidentiality: Certain communications are protected by privilege, such as the following:
      >
    1. Legal professional privilege: Communications between a lawyer and their client are privileged and cannot be used as evidence without the client’s consent.
    2. Medical privilege: Medical records and communications between patients and doctors are protected.
  8. Challenging evidence: Parties can challenge the admissibility of evidence through the following:
      >
    1. Motions to suppress: this is for requesting the court to exclude evidence obtained unlawfully.
    2. Objections during trial: Objecting to specific pieces of evidence on grounds such as irrelevance, hearsay, or improper procedure.


CONCLUSION

By understanding these principles and procedures, both the prosecution and defense can effectively prepare for trial and present their cases in accordance with Nigerian criminal law.