UNIT 14

APPEALS IN CRIMINAL LITIGATION

ppeals in criminal litigation are a legal process by which a party seeks to challenge a decision made by a lower court. In Nigeria, the appeal process is crucial for ensuring justice and correcting errors that may have occurred during a trial. This process is governed by both statutory provisions and judicial precedents. In Nigeria, appeals from criminal cases can be heard by several levels of courts:

1. Court of appeal: this is the primary appellate court for criminal cases. See section 240 of the 1999 constitution which addresses appeals to the court of appeal and the court of appeal act, Cap C36, LFN 2004 which governs the procedures and jurisdiction of the Court of Appeal.
2. Supreme court: is the highest court of the land, which hears appeals from the court of appeal. See section 233 of the 1999 constitution which deals with appeals to the supreme court and the supreme court act, Cap S15, LFN 2004 which governs the procedures and jurisdiction of the supreme court.

GROUNDS FOR APPEAL

See the case of Daniels v. The state (2008) 10 NWLR (Pt. 1095) 202 where the supreme court held that an appellate court has the authority to review both the facts and the law of the case, provided there is a clear error or miscarriage of justice and the case of Okoye v. The state (2016) 11 NWLR (Pt. 1520) 1 where the court of appeal held that the failure of the trial court to properly evaluate evidence can be a valid ground for appeal. An appeal can be based on various grounds including the following:

1. Error of law: This is where the appellant alleges that the trial court made a legal error.
2. Error of fact: This is where the appellant argues that the trial court's findings of fact were incorrect.
3. Miscarriage of justice: This is where the appellant claims that the trial process was flawed to the extent that it affected the outcome of the case.

PROCEDURE FOR APPEAL

See the case of Akinloye v. The state (2014) 10 NWLR (Pt. 1419) 367 where the supreme court discussed the procedural requirements for filing an appeal and the consequences of failing to adhere to these requirements. This case underscores the importance of compliance with procedural rules in the appeal process. The procedures includes the following;

1. Filing a notice of appeal: This is where the notice of appeal must be filed within 90 days of the judgment or order being appealed, as stipulated by section 233(3) of the constitution and the notice must clearly state the grounds of appeal and the relief sought.
2. Preparation of records: This is where the appellant is required to prepare and submit a record of appeal, which includes the trial court's judgment, evidence, and any relevant documents.
3. Hearing of appeal: This is where both parties submit their arguments and legal briefs to the appellate court. The court may hear oral arguments from both sides before making a decision.

REMEDIES ON APPEAL

1. Upholding the conviction: The appellate court may affirm the original conviction if it finds no error or grounds for overturning the decision.
2. Reveral of conviction: court may overturn the conviction and either acquit the appellant or order a retrial.
3. Order for retrial: The court may order a retrial if it finds that the original trial was flawed but does not consider it appropriate to acquit the appellant.

CONCLUSION

The appeal process in criminal litigation is a critical mechanism for ensuring that justice is served and that errors in the trial process are rectified. By understanding the legal framework, grounds for appeal, and relevant cases, parties involved can effectively navigate the appellate system to seek a fair resolution.