UNIT 4

INSTITUTION OF CRIMINAL PROCEEDINGS

The institution of criminal proceedings refers to the formal commencement of a criminal case against an individual or entity. This process involves bringing an accused person before a court of competent jurisdiction to answer charges related to a criminal offense. In Nigeria, the procedures for instituting criminal proceedings are governed by various statutes, including the constitution of the federal republic of Nigeria 1999 (as amended), the administration of criminal justice act (ACJA) 2015, the criminal code act, the penal code, and other relevant laws. Criminal proceedings in Nigeria can be instituted in several ways, depending on the nature of the offense and the provisions of the law. The primary modes include:

1. By a first information report (FIR): The first information report (FIR) is primarily used in the northern states of Nigeria, which operate under the penal code. The FIR is a written document prepared by the police after receiving information about the commission of a cognizable offense. It serves as the basis for initiating a criminal investigation and subsequent prosecution. See section 143 of the criminal procedure code (CPC).
2. By a complaint: A complaint is a formal allegation made orally or in writing to a magistrate by an individual or authority, stating that a person has committed an offense. Upon receiving a complaint, the magistrate may direct an investigation or issue a summons or warrant for the arrest of the accused. See section 59 of the ACJA 2015.
3. By a charge or information: A charge is a formal document containing specific allegations against the accused, while an information is a formal accusation of a criminal offense, typically used for more serious crimes (felonies). Charges are usually filed by the police or other law enforcement agencies, while information is typically filed by the Attorney General or a legal officer. See section 109 of the ACJA 2015 and section 174(1) of the 1999 constitution (as amended).
4. By direct criminal complaint: An individual may directly approach a court to file a criminal complaint without going through the police. The court will examine the complaint, and if it finds merit, it may issue a summons or warrant to compel the accused to appear in court. See section 89 of the ACJA 2015.
5. By arraignment: Arraignment is the formal process by which the accused is brought before the court, informed of the charges, and asked to enter a plea. The arraignment marks the official commencement of the trial process. See section 273 of the ACJA 2015.
6. By private prosecution: Private individuals may institute criminal proceedings in cases where the state fails to prosecute. However, such prosecutions require the consent of the attorney general, particularly in serious cases. See section 174(3) of the 1999 constitution (as amended).
7. By police prosecution: The police have the authority to prosecute minor offenses in the magistrate courts. However, they cannot prosecute in the higher courts without the involvement of the attorney general or a legal practitioner. See section 23 of the Police Act 2020.

JURISDICTION IN CRIMINAL PROCEEDINGS

Jurisdiction refers to the legal authority of a court to hear and determine a criminal case. In Nigeria, the jurisdiction of courts in criminal matters is determined by the nature of the offense, the territorial location of the offense, and the specific laws governing the offense.

1. Magistrate courts: Magistrate courts have jurisdiction over minor offenses, typically referred to as misdemeanors, and certain felonies as provided by law. The extent of a magistrate's jurisdiction is determined by the grade of the magistrate and the provisions of the relevant criminal procedure laws. See sections 12 and 13 of the magistrates’ courts law.
2. High courts: High Courts have unlimited jurisdiction in criminal matters and can try all offenses, including capital offenses (e.g., murder, armed robbery). They also have appellate jurisdiction over decisions from the magistrate courts. See section 251 of the 1999 constitution (as amended).
3. Federal high courts: The federal high courts have jurisdiction over offenses related to matters within the exclusive legislative list, such as offenses involving federal government agencies, maritime offenses, and financial crimes. See section 251(1)(g) of the 1999 constitution (as amended).
4. Court of appeal: The court of appeal has appellate jurisdiction over criminal matters decided by the high courts and the federal high courts. It does not have original jurisdiction in criminal matters. See section 240 of the 1999 constitution (as amended).
5. Supreme court: The supreme court is the highest court in Nigeria and has the final appellate jurisdiction in criminal matters. It only hears appeals from the court of appeal. See section 233 of the 1999 constitution (as amended).

CONCLUSION

The institution of criminal proceedings is a critical step in the administration of justice in Nigeria. It ensures that individuals accused of crimes are brought before a competent court to answer the charges against them. The process is governed by various statutes and requires strict adherence to legal procedures to ensure fairness and justice. Understanding the different modes of instituting criminal proceedings and the jurisdiction of various courts is essential for legal practitioners and individuals involved in the criminal justice system.