COUNCIL OF LEGAL EDUCATIONNIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION LECTURE SCHEDULE AND TASK (WEEK 3) MONDAY 3RD DECEMBER 2018

TOPIC: INTRODUCTION TO CRIMINAL LITIGATION AND OVERVIEW OF COURSE

OUTCOMESAt 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.

CONTENTS1. Introduction to Criminal Litigation.2. Overview of Criminal Litigation3. Sources of the law/rules guiding criminal proceedings4. Types, sittings and settings of criminal courts5. 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.

ALL GROUPS will prepare each of the assignment on all topics listed below and be ready to present them in class. The presentation by the groups will be done by the group leader and any other student to be selected by the lecturers.

The soft copy of the solved task (in Power Point format) for each group must be sent to the lecturers email addresses by the group leaders not later than 7.00pm on the 2nd December 2018.

The group leaders are to print out the hard copies of the answers to the solved task and put it in a file and place it on the desk kept on the podium latest by 8:45am on Monday 3rd December 2018.

Note that all Students must research on all the assignments and have their answers in hard and soft copy ready to make their individual presentation when called upon on Monday.

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.

ASSIGNMENT AND TASKS1. At the proceedings of the Federal High Court Umuahia, on a two count charge

of illicit trafficking in Drugs and other narcotic substances and unlawful

trespass to Land against Mensah Brutus and Macbeth Olanipopo, counsel for the Defendants Michael Lanre objected to the reliance of the prosecution counsel on the criminal Procedure Act as the applicable procedural law to the proceedings. Learned prosecution State counsel Kalingo Brown from the office of the Attorney General of the Federation in his reply argued that the objection of learned counsel to the Defendants is misconceived because Criminal Procedure Act and Criminal Procedure Code is and has always being 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 Benue State? Give reasons for your answer.

(f) List the Principal and Secondary enactments of classification of statutes in Criminal Litigation in Nigeria under the Sources of laws in criminal litigation.

2. Obuzo Kanji is standing trial at the Lagos State High Court sitting at Ikeja for armed robbery in a charge filed on 8th August 2018. 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 Parties to file and adopt their 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 in view of the venue as it was not the designated court room.

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 State in the above trial.

(b) The submission by counsel that the court should rely on the applicable procedure in the 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? Give reasons for your answer.

(d) The legality of the court proceedings held in an uncompleted primary school building whereat the written address was adopted.

(e) The legality of the court proceedings held on Saturday and on a public holiday.

3. Crown Prince Abimbola Dimgba Dumebi of Abala Kingdom was called to the Nigerian Bar on 15th November 2017. 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 who is 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 argued that he has paid his practicing fees 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:

a. As a senior member of the Bar comment on the correct position of the law with respect to the attire adorned by counsel to court and identify any unethical conduct of the counsel in the above scenario.

b. Would your answer be different if the proceedings were before a Customary Court in Ebonyi State? Give reasons for your answer.

c. Announce your appearance in writing as if you are announcing it orally from the Magistrates’ Court to the Supreme Court.

d. List the mode of dressing of both male and female lawyers from Customary Court to Supreme Court in Nigeria.

4. At the trial of Abike Henrygon before his Lordship Hon. Justice Ogonima Peters 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.

1. State the mode of addressing litigants in criminal proceedings in Nigeria in all the jurisdictions.

2. Mention the similarities and differences if any between criminal and civil proceedings in Nigeria.

3. List and discuss the various laws that govern criminal litigation in Nigeria.4. 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 Procedure2. Bob Osamor: Criminal Procedure Laws and Litigation Practices (2nd Edition).3. Afolayan A.F: Criminal Litigation in Nigeria (3rd Edition).4. Agaba J.A: Practical Approach to Criminal Litigation in Nigeria (Revised 3rd

edition).5. YDU Hambali: Practice and Procedure of Criminal Litigation In Nigeria (2018).6. Orimogunje O.O: Law of Evidence in Civil and Criminal Litigation in Nigeria.7. E-Handbook on Criminal Litigation8. Ashi V. B: Basic Skills in Trial Advocacy9. 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/LAWS1. Administration of Criminal Justice Act 20152. Administration of Criminal Justice Law 2011(2015) Revised Lagos.3. 1999 Constitution of the Federal Republic of Nigeria as amended.4. Evidence Act 2011 as amended.5. Criminal Code law of Lagos State 2015.6. Penal Code.7. Criminal Code.8. Criminal Procedure Code Law of the various States9. 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.14.The Anti- Torture Act 2017.

15.Magistrate’s Court Law of Lagos State 2009.

COUNCIL OF LEGAL EDUCATION

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION SCHEDULE & TASK WEEK 4

MONDAY 10TH DECEMBER, 2018.

TOPIC- SEARCHES, ARREST AND CONSTITUTIONAL RIGHTS.

OUTCOMES:

At the end of this lesson students would be able to:

1. Discuss and explain the power of arrest and searches in criminal proceedings;2. Explain how Criminal summons, search warrants and warrants of arrest are

obtained and executed and the admissibility of materials recovered during searches;

3. List and explain the Constitutional/procedural rights and safeguards of an accused person in these procedures;

4. Complete/draft Forms of summons and warrants.

CONTENTS

1. Authority to issue a search warrant2. Authority to issue a warrant of arrest3. Execution of search warrant,4. Execution of warrant of arrest5. Admissibility of materials obtained in the course of an unlawful search.6. Procedure for challenging unlawful searches and arrest and Constitutional

safeguards relating to these procedures.

INSTRUCTIONS TO STUDENTS

Students are expected to read the topic in advance paying particular attention to the statutes, cases and materials on the subject.

Students will prepare the assignments individually and collectively and be ready to present them in class.

Note that all groups must research on all the assignments and relate their work to the Scenarios given below.

Group leaders are to send soft copies of their work, latest on 9th December 2018 by 7pm Sunday evening to the course lecturers and submit hardcopies in class by 8:55am on Monday morning.

All presentations must be by power point.

ASSIGNMENTS AND TASKS.

SCENARIO 1

Sakiru Zango and Tajudeen Brutus were childhood friends living and trading in Zagi area of Bauchi. Recently they had a terrible fight over National Assembly bye elections to replace a colleague as to which of their candidates would win the election. By Saturday 13th November, 2018 the winner of the Senatorial seat was announced and Sakiru’s candidate, Chief Baba Solomon won the election. Since this feud between them, Tajudeen had been looking for ways to incriminate his friend. Exactly two weeks later Tajudeen informed the Divisional Police Officer of Mutui Police Station (DPO) Ainoko Kanapi by way of complaint that his friend Sakiru had brought in several bags of imported rice which he was sure were smuggled, and that he kept same in a lockup garage in his house at No 12 Zangi Lanre street, Zagi. At about 1:30am on the same day the DPO dispatched four Police Officers with a search warrant duly signed by him to Sakiru’s house.

On getting to the residence the officers pressed the bell, and when there was no response they broke the gate and entered. Sakiru and his entire household were startled.

The Police informed him of their mission in his house. Sakiru complained about their timing and asked for their warrant. They could not produce it because in their haste they had left it behind at the Station. He said he would like to invite his next door neighbour, Chief Magaji to witness the search but the leader of the team refused, on the assertion that it was a bid to escape. In order not to be accused of obstructing police officers from carrying out their duties, Sakiru allowed them to search his house. He however told them that the women quarters were forbidden ground for strangers, and that unless they had police women with them, they couldn’t go there for searches as his wife was in seclusion. Nonetheless, two officers pushed Sakiru out of the way and ransacked the women’s rooms. The women quickly got up to cover their faces. They searched their rooms thoroughly and while searching, they found imported ornaments suspected to have been illegally brought in from Ghana.

The two women in whose room the exhibits were found were immediately handcuffed and put in the Police van by the officers and taken to the Police Station. Shakiru was also taken to the station whilst he was trying to show them the Custom papers for the one bags of rice found in his house. On the next day he sent for his lawyer Alhaji Menakaya Thompson and narrated everything that happened in his house the previous day. His lawyer advised him to seek redress for the maltreatment.

Answer the following questions based on the above scenario, supporting your answers with relevant authorities;

1) Comment on the search carried out by the Police officers in the premises without a search warrant. Is the search legal? Give reasons.

2) Assuming the police officers erred in law with the search carried out in the women quarters, comment on the admissibility of the exhibits recovered therein in court?

3) Comment on the propriety or otherwise of the search warrant issued by the Divisional Police Officer.

4) Sakiru is intending to seek redress. He wants to sue his friend Tajudeen and the Police officers. As his counsel, how would you advise him in order to succeed?

5) In the course of the search carried out in the above scenario 1 some rights of the suspects have been violated. Mention them and draft the Search warrant (Form D).

SCENARIO 2 Ebun Abalaka of No 6 Jango street, Ajah Lagos has been on the wanted list of the police for some months now for kidnapping for ransom. One fateful Friday recently on 26th October 2018, Police Sergeant Kusapa and 5 others heavily armed while on routine patrol at Epe area of Lagos was called by the Principal of Brighter Kids International High School Epe, Mrs. Bruce Adebajo that they had a hunch that Ebun Abalaka was in the school vicinity dressed like a parent. Sergeant Kusapa immediately called the Senior Magistrate Hanks Anjola informing her of the development. She quickly issued a warrant of arrest, signed it for the officers to pick up. Sergeant Kusapa and his team wasted no time in getting to the scene where Ebun and his gang were just preparing to strike. Kusapa and his team rounded up Ebun Abalaka and his boys, handcuffed their hands and feet and bundled them in the waiting van to the Epe Divisional Police Station. Five days later before they could arraign them in court, Ebun escaped from custody. Still with the same warrant Kusapa dispatched two police officers to his last known address in Ajegunle,

Egbeda, Lagos. When they got to his house the occupants told the police that he took few of his things and hurriedly went out to travel but they did not realize he was in custody and they immediately arrested his father for him to show up.. The following day the two policemen, Yusuff and Braimoh, upon a solid piece of information as to Ebun’s where about, travelled in the police vehicle to Calabar , Cross river State, armed with the warrant to effect his arrest. On getting to Calabar they found him in a beer parlour on Slessor Street where he was relaxing. The officers with other reinforcement from Calabar Division surrounded Ebun, handcuffed him and bundled him into the waiting van to Lagos. On getting to Lagos he was asked to make a statement but he refused and demanded to see his lawyer. He was tortured and deprived of food for three days before he now agreed to write the statement.

With the aid of statutory and judicial authorities answer the following questions:a) What is the propriety or otherwise of the warrant of arrest issued by the

Magistrate upon the phone call received from the police officer?b) Assuming the Magistrate was wrong state the correct procedure and who are

those empowered to issue warrant of arrest under the law?c) Is there anything wrong in the mode of arrest of the suspects in the School?

State the errors if there are any. Be ready to role-play arrest in class.d) Comment on the re-arrest of Ebun on the same warrant of arrest in Calabar. e) Comment on the propriety or otherwise on the mode of arresting Ebun in

Calabar. State the correct procedure for executing warrant of arrest outside of the State or jurisdiction that issued it.

f) Assuming the Senior Magistrate wants to issue a new warrant of arrest, assist her to draft a warrant of arrest in the first instance (using Form 6). State the Contents of a warrant.

g) Comment on the arrest of the father of Ebun by the Police.h) What are the rights available to these suspects on their arrest?

SCENARION 3

A popular Politician and an elected representative of his people at the National Assembly by name Mitch Rapp was recently invited by the Police in his State on account of an alleged confessional Statement of a suspect who implicated him as being one of their sponsors. He refused to honour the Police invitation. The Police having known his abode sent a signal to the Police Headquarters at Abuja for his arrest. An armed team of Police officers went to his house and arrested him after battling his security aids. The politician, refused arrest but rather sat on the floor as a result of which force was used to bundle him into the police van.

Whilst on their way to his State but still within the Federal Capital Territory, he jumped out of the moving police van and ran into a car driven by his men who took him to hospital as a result of an alleged neck injury he sustained in the attempt where the police later found him and re-arrested his and slammed hand cuff on him.

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

1. Comment on the Police invitation sent to Mitch Rapp and his failure to honour it.

2. Comment on the arrest of Mitch Rapp at his home in Abuja. Assuming the police had handcuffed him from his house would it have been appropriate?

3. Comment on the implication of jumping out of the Police van whilst being conveyed to his State for questioning.

4. Comment on the justification of the subsequent re-arrest of Mitch Rapp, the handcuff on him without warrant of arrest.

RECOMMENDED TEXT BOOKS AND MATERIALS

11.O.A Onadeko: The Nigerian Criminal Trial Procedure12.Bob Osamor: Criminal Procedure Laws and Litigation Practices (2nd Edition).13.Afolayan A.F: Criminal Litigation in Nigeria (3rd Edition).14.Agaba J.A: Practical Approach to Criminal Litigation in Nigeria (Revised 3rd

edition).15.YDU Hambali: Practice and Procedure of Criminal Litigation In Nigeria (2018).16.Orimogunje O.O: Law of Evidence in Civil and Criminal Litigation in Nigeria.17.E-Handbook on Criminal Litigation18.Ashi V. B: Basic Skills in Trial Advocacy19.Agbedo, F: Rights of Suspects and accused persons under Nigerian Criminal

Law.20.Adedokun E. Handbook on the Innovations of the 2011 Evidence Act.

STATUTES/LAWS

16.Administration of Criminal Justice Act 201517.Administration of Criminal Justice Law 2011(2015) Revised Lagos.18.1999 Constitution of the Federal Republic of Nigeria as amended.19.Evidence Act 2011 as amended.20.Criminal Code law of Lagos State 2015.21.Penal Code.22.Criminal Code.23.Criminal Procedure Code Law of the various States24.Criminal Procedure Laws of the various States.25.The Police Act.26.The Armed Forces Act.27.The Legal Aid Act.28.The Children and Young Persons Act, etc.29.The Anti- Torture Act 2017.30.Magistrate’s Court Law of Lagos State 2009.

RELEVANT CASES

1. lkonne versus The Com. of Police (1986) 4 N.W.L.R (pt36) 473.2. Goodman versus Evans (1954) 1 All E.R. 593. 3. Legislative Houses (Powers and Privileges) Act 1958 .4. Tony Momoh versus Senate of National Assembly (1981) N. C.L.R. 2 1.5. R. versus Olowu (1971) NMLR 213. 6. The Police versus Apampa Suit No. 42/1968 7. R. versus The Comr Of Metropolitan Police Exparte Harmond ( 1964)3WL.R.I 8. Mattaradona versus Alu (1995) 8 N.W.L.R (pt 412),225.

9. Dallison versus Caffrey (1964) 2 All E.R. 1203

10. Associated Provincial Picture House Ltd. versus Wednesbury Corporation

(1948) 1 K.B. 224.

11. Holgate Mohammed versus The Duke 79 Cr. App. Rep. 120.

12. John Lewis and   Co. versus Tims (1952) 1 All E. R. 1203 ;

13. Sadiq versus The State (1982) 2 NCR 142

14. Nweke versus The State (1965) 1 All NLR 114

15. Christie versus Leachinsky (1947) A.C. 573.

16. Musa Sadau versus The State (1968) NMLR 208

17.  Reynolds versus The Comr of Police for The Metropolis (1985) 80 Cr. App.

Rep. 125.  

18. Elias versus Pasmore (1934) 2 K. B. 164.

19. Kuruma versus The Queen (1955) 1 All E.R. 236 .

20. Ronke Fowler versus Doherty Suit No. LD/13A/67

21.Wuraola Kuku versus Olushoga (1962) 1 All NLR 625.

22. Balogun versus Amubikahu (1989) 3 NWLR. (Pt. 107) 18 .

23. Bayol versus Ahe mba (1999) 10 NWLR (Pt. 623) page 381

24. Garba versus Maigoro (1999) 10 NWLR (Pt.624) 555  

NIGERIAN LAW SCHOOLLAGOS CAMPUS

CRIMINAL LITIGATION LECTURE SCHEDULE AND TASK, WEEK 5 FOR MONDAY 17 DECEMBER, 2018.

PRE-TRIAL INVESTIGATION AND POLICE INTERVIEW

OUTCOMES:At the end of this lesson students would be able to:

1. Explain how to Conduct a pre-trial investigation;

2. Participate in a police interview;3. Discuss how alibi, statements and confessions are recorded at the police

station (“Judges Rule”) how identification parade is conducted and how exhibits are handled.

4. List and explain the Constitutional rights of a suspect at the Police Station;5. Explain how to apply for assistance for a citizen under the Legal Aid Scheme;

and how to obtain a police bail.6. Explain options available to the suspect upon refusal of police bail – habeas

corpus and fundamental rights enforcement.

CONTENTS:1. How police interviews are conducted2. Constitutional rights available to a suspect at the Police Station.3. Advise on the rights and circumstances of Suspects that may require the

services of the Legal Aid Scheme;4. Advise on the procedure to be followed by the Police in conducting an

effective station interview;5. How to apply for police bail;6. Advise on circumstances where the Police may grant bail pending further

investigations.7. Options available to the suspect upon refusal of bail by the police.

ACTIVITIES BEFORE CLASS:1. Students are expected to read the topic in advance and would need to read

the following; The 1999 Constitution; Evidence Act 2011 and the Judges Rule; the Police Act; the Criminal Procedure Code Law; The Criminal Procedure Laws; Administration of Criminal Justice Law of Lagos State, 2011, Administration of Criminal Justice Act 2015, The Anti-Torture Act 2017 as well as the Legal Aid Act and guidelines.

2. All groups must prepare and answer the questions below and send to lecturers latest Sunday 16 December, 2018.

SCENARIOThiago Laye, Kalito Jankari, Mutalla Boboye and Baringa Poposky are all unemployed, but are very close friends and belong to a syndicate of Car Snatchers operating at the Mile 2 Nigerian Seme Border Highway, Lagos. They have been in operation for more than six years. The Police in several concerted efforts to track them down have lost not less than ten of their men. The syndicate are closely connected with Katongo Abalaka a car dealer whose head office is in Lagos, and branch offices located in Wuse, Abuja and Kaduna respectively to whom they supply the snatched tokunbo cars for sale. They also agreed with the dealer to share the proceeds 60-30 after the sale of any car since the cars were yet to be registered in Nigeria. The latest supply of the three Toyota Highlander Jeeps and two Honda CRV Jeeps was on August 10, 2018.

On 15th September 2018 Colonel Santana Lafinga purchased a red coloured 2016 Honda CRV Jeep from Katongo Abalaka at his Abuja Office for Four Million and Five Hundred Thousand Naira and paid within one week through bank transfer. While on his way at the Abuja-Lokoja road to Lagos on 28th September 2018 the officers of Nigerian Customs flagged down the car and demanded for the duty payment

certificate at the port. Colonel Santana Lafinga produced the custom papers given to him by the car dealer. Upon proper scrutiny the Custom men discovered that it was a forged duty certificate and threatened to impound the car unless he settles them with N500,000.00 (Five Hundred Thousand Naira) only. Colonel Santana Lafinga refused to part with any money but rather introduced himself as a military officer and showed his identification card. The officers of the Nigerian customs refused to accord him any special treatment but instead impounded the car and ordered their truck driver to take the car to customs garage along the Abuja/Lokoja route.

Colonel Santana Lafinga went back to the Barracks and left with three rank and file officers Kabba Kabba, Bariko Bariko, and Benkol Benkol to the Customs Garage the same day, assaulted the Custom men on duty and drove away with the car. The Custom officers on duty attempted to resist them but they were overpowered and severely beaten. Upon their arrival back to Abuja, Colonel Santan Lafinga visited Katongo Abalaka’s car shop and demanded to know the source of the car after threatening to shoot him. Afraid that he will be killed he confessed that it was a stolen car supplied to him by his business partner. The officers thereafter took him to the Maitama Police Station, Abuja and narrated his confession to officers on duty who recorded the confession.

However, Katongo Abalaka immediately made a statement at the station to the effect that he bought the car at Benin Republic and brought it into Nigeria without the necessary payment of duty. He was subsequently detained. The following officers Mutui Abokini, Grant Numana and Brutus Zanga questioned him and upon severe interrogation which included dipping his upper limb into a drum full of water five times a day for about ten minutes each, Corporal Myakumbo Malanha shot him on the leg while in detention so that he will not attempt to escape. On 15 th October 2018 whilst he was being dragged to the drum full of water he confessed orally by mentioning the names and whereabouts of Thiago Laye, Kalito Jankari, Mutalla Boboye and Baringa Poposky as those that supplied him with the car. The officers eventually cleaned him up and invited his lawyer the next day and in his presence Katango reduced his confessional statement into writing.

The others were arrested on 1st November 2018 at their hideout in Abuja and both were later detained at Maitama Police Station Abuja. Upon their arrest they were all hand cuffed and placed on leg chain to forestall their escape because of their muscular body structure. They made joint statements denying ever having anything to do with Kayama Katango and stated that they have never met him. The newly arrested suspects have spent six days in detention and have only been feed twice by the police who also refused them access to their legal practitioners and family members. Their parents eventually rallied together and secured the services of Mr Ainapa Zaki a legal practitioner to secure their release. Due to the impecuniosity of Baringa Poposky’s parents they begged a lawyer (Mr Bala Bala) to write a letter on their son’s behalf to Legal Aid Council for free legal services. Mr Ainapa Zaki made a written joint bail application for his clients whilst Jatauyi Jatauyi from Legal Aid made an oral bail application for his client in the presence of the DPO but the Police refused both applications.

Two days later at midnight while in detention Baringa Poposky in his dream saw the Investigating Police Officer (IPO) in charge of the investigation pointing a gun to his

head threatening to shoot him in the morning if he did not confess. He screamed and woke up sweating and shaking. He was terrified that the Policemen will kill him because they have refused to give him food for two days and that he will die eventually if he did not tell them the truth as soon as possible. He immediately called the officer on night duty (Inspector Kumilaya Baraga) and opted to confess implicating the other suspects. The officer recorded the confessional statement which was later signed by Baringa Poposky. Based on the confessional statement, search was conducted at their hideout and two rifles were found, two international passports and a huge amount of British pounds. The I.P.O labelled the rifles and kept it at the police station, while the money was paid into the Police Service Commissions account at the Police Community Bank. The I.P.O took the passport home and locked it in his private safe for safe keeping. All four members of the gang have been arraigned at the Abuja High Court including Katango Abalaka.

ALL GROUPS TO ANSWER THE FOLLOWING QUESTIONS WITH THE AID OF JUDICIAL AND STATUTORY AUTHORITIES BASED ON THE ABOVE SCENARIO

1. Comment on the mode of interrogation employed by the police while interrogating Katango Abalaka which led to his mentioning of the names of the four Defendants. Assuming the Statement is tendered is it admissible?

2. Comment on the action of the military men who arrested Katango Abalaka.3. What is the effect of the confessional statement of Kayama Katango Abalaka

to the military men and the legal implication of the narrated confessional statement of Katango by the military officers?

4. Mention and discuss the constitutional rights available to the suspects at the police station and the remedies if any for the breach.

5. The propriety of the action of the police by handcuffing and placing leg chain on Thiago Laye, Kalito Jankari, Mutalla Boboye and Baringa Poposky at Maitama Police station and their detention.

6. The police having denied the suspects bail, what are the options if any open to them in Abuja and in Lagos if any?

7. What are the effect and/or purport of the statement made at midnight by Baringa Poposky at the police station in Abuja?

8. Will the statement in 7 above be admissible in court if sought to be tendered? Give reasons.

9. Comment on the propriety of the confessional statement of Katango at the station in the presence of his lawyer. Is it admissible in court? Give reasons.

10.Assuming at the trial when the statement in 9 above were to be tendered, Baringa Poposky’s counsel objected to the admissibility of the statement on the ground that his client never made any statement. Comment on the propriety of the objection and what the court will do.

11.Comment on the propriety or otherwise of the joint statements made by Thiago Laye, Kalito Jankari, Mutalla Boboye and Baringa Poposky at the station on 1st November 2018.

12.What would be the implication in court on the other accused persons if the confessional statement of Baringa Poposky implicating them is tendered during trial and admitted?

13.Comment on the handling of the two rifles recovered by the police, the passports and the sum of money.

14.As the lawyer approached by the family of Baringa Poposky, draft an application to the Legal Aid Council requesting for legal representation of Baringa Poposky. Is he qualified to receive Legal Aid, pursuant to the Legal Aid Act?

15.State the matters for which the Legal Aid Council may represent persons.16.As counsel for Thiago Laye, Kalito Jankari, and Mutalla Boboye prepare their

bail application at the police station.17.State and compare the procedure of obtaining confessional statements in

Federal Capital Territory and Lagos. Identify also the differences if any.18.Prepare and itemise the procedure for conducting a valid identification

parade, prepare for and be ready to role play identification parade by the police.

19.Prepare for and be ready to role play police station interview and connect the application of the Legal Aid Scheme to it, using the scenario above.

20.What are the roles of a legal practitioner in the Identification parade in (18) above?

21.Discuss the Legal Aid Scheme generally with emphasis on matters of which the services of Legal Aid may apply.

22. Research on and discuss the Judge’s Rule and its application in Nigeria by the Police and the effect of its non-application in a particular case in recording confessional and non-confessional statement.

23.When is an alibi properly raised in law?24.What is the difference between a Statement and Confessional Statement?

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION WEEK 5, JANUARY 07, 2019

TOPIC: JURISDICTION AND VENUE OF CRIMINAL TRIALS

LESSON OUTCOMES:

At the end of this lesson students would be able to:

1. Discuss and explain the various courts of criminal jurisdiction in Nigeria.2. Discuss the criminal jurisdiction of courts and the venue of criminal trials.3. Explain the jurisdiction and venue of criminal trials of the International Criminal

Court.

LESSON CONTENTS:

1. Jurisdiction and venue of courts of General Criminal jurisdictions2. Jurisdiction of courts of Special Criminal jurisdiction-Federal High Court;

National Industrial Court; Court Martial; Juvenile Court and Coroners Court.3. Jurisdiction and venue of International Criminal Court.

ACTIVITY BEFORE CLASS

A. Students are to read in advance various courts of criminal jurisdiction both general and special in the North and South paying particular attention to the statutes, cases and materials provided on the subject.

B. All groups will prepare the assignment and be ready to present them in class. Students are to research on jurisdiction of criminal courts in Nigeria including the International Criminal Court.

C. All presentations must be on power point and electronic copies to be submitted latest Sunday January 06, 2019 by 7.00pm. The Hard copies are to be in each group’s file together with comprehensive list of attendance at the group meetings latest by 9.00am Monday January 07, 2019.

ASSIGNMENT AND TASKS

1. Following the refusal of Colonel Hakeem Ikem and Spider Katsina to obey the orders of their superior officer and their absence from duty without permission (AWOL), Brigadier Abina Lukeson, the General Officer Commanding the 82 Division of the Nigerian Army Enuga on August 11, 2018 instructed Lt. Colonel Briggs Apollo orally to convene a Court Martial to try Colonel Hakeem Ikem and Spider Katsina. Eight days later Brigadier Abina Lukeson confirmed his instruction in writing. The members of the Court Martial were Lt. Colonel Brown Brown the most senior administrative officer at the Command and Lt. Colonel Babaka Gbongo his deputy as member; Mrs. Yemi Adeto as Judge Advocate.

At the trial of Colonel Hakeem Ikem and Spider Katsina, the Court Martial relied on the charges already sent to the defendants and asked them to defend themselves against the charges. However Colonel Hakeem Ikem refused to participate or take any part in the trial in protest for persecution. The counsel to Colonel Spider Katsina not being a military officer was not allowed to appear before the court martial. The Court Martial convicted them and sentenced them to demotion to the rank of Lt. Colonel. They were also informed of their right of appeal to the Armed Forces Disciplinary Appeals Tribunal within 14 days from the date of the judgment.

WITH the aid of statutory and judicial authorities answer the following questions;

(a) The validity of the instruction given to Lt. Colonel Briggs Apollo to convene the Court Martial.

(b) The constitution of the Court Martial.

(c) The procedure adopted at the trial of Colonel Hakeem Ikem and Spider Katsina.

(d) The right of appeal to the Armed Forces Disciplinary Appeals Tribunal.

(e) Assuming Colonel Hakeem Ikem and Spider Katsina was first tried in a regular court but before judgment, the Attorney General of the Federation

entered a Nolle Prosequi, can they be tried again in a Court Martial on the same charges?

(f) Assuming the nolle prosequi was entered at the Court Martial but subsequently they were re-arraigned at the Civil court, can they raise the defence/plea of autro fois acquit?

2. Bishop Bruno Mayo the General Overseer of “His Banner Over Us is Love Church” and Engineer Akas Braimoh was accused of complicity in the collapse of the Church newly constructed sanctuary which led to the death of 8 worshippers on May 10 2018 as substandard materials was used. The Administrative panel of enquiry constituted by the Lagos State Government was presided by the Permanent Secretary Lagos State Ministry of Justice Mr Ebute Metta Ebun. He ordered every other person including members of the press out of court apart from the parties and their counsel due to the nature of the case. The defendants were subsequently convicted for murder and the matter transferred to the Lagos State High Court for adequate sentencing.

Comment on the propriety or otherwise of the proceedings in the above scenario using case law and statutory authorities.

3. Engineer Drinkwater Warburton whose mother hails from Arochukwu in Abia State during his brief stay at Nasarawa State, Nigeria as an expatriate had carnal knowledge of Fatima Fatima a third year law student of the Nasarawa State University in his hotel room. He has been arraigned at the Upper Area Court Sabon Kanya Nasarawa for the offence. His counsel Rasheed Brown raised an objection to the jurisdiction of the Area Court to try his client for not being subject to the jurisdiction of Upper Area Court.

AS an erudite advocate support this objection with authorities and what will be your response to this objection?

4. Kinston Mark 16years old, Kamalu Oscar 22years old and Panenky Umaru 21years old were all arrested and arraigned before the Lagos State High Court Igbosere, for the offence of robbery. It was the case of the prosecution that Kinston Mark acted as a pointer and confused the gateman which enabled the other two members gain entrance to the premises and trouble subsequently ensued during the sharing of the loot as no formula was agreed as a result of which an altercation arose and the noise attracted Police leading to their arrest. Mr Ibukun Lanre representing Mark objected to the jurisdiction of the court to try his client. The trial court sustained the objection and struck out the name of Kinston Mark from the charge.

As a Senior State Counsel, Respond to this objection and comment on the ruling of the trial court.

5. Mutui Mpappe and Ganiyu Congo are standing trial for stealing and receiving stolen property at the Magistrate’s Court Wuse, FCT. At the conclusion of the trial, the Magistrate (Briggs Azuka) was of the view that due to the nature and prevalence of the offence the accused ought to receive a more severe punishment and after convicting them, the Magistrate sent the case to the State High Court for sentencing.

As an aspirant to the Bar, comment on the regularity of the above procedure. Would your answer be different if the proceedings were pending in Magistrate Court Osun State and Kaduna State respectively?

6. His Excellency Zuma Opalingo former Governor of Ozobulu State Nigeria is standing trial for financial misappropriation of State fund and money laundering among others. He has been arraigned by the EFCC on a 20 Count Charge in Federal High Court Kaduna Judicial Division. His Counsel a Senior Advocate of Nigeria has raised an objection as to the jurisdiction of the Federal High Court Kaduna to entertain the matter, but the court overruled the objection holding that it has jurisdiction.

As a senior State Counsel, comment on the propriety or otherwise of the preliminary objection and the subsequent ruling of the court.

7. General Aguru Idibaba a Nigerian is standing trial at the International Criminal Court for the offence of Rape and illicit trafficking in drugs committed at Badagry near the Seme Border between Nigeria and Benin Republic sometime in May 1990. He was arrested by men of the Operation sweep patrolling the border. Due to his connection to the high and mighty in Nigeria, all attempts to prefer the charge at the relevant court was frustrated. The Attorney General of Lagos State having obtained a fiat from the Attorney General of the Federation in January 2017 petitioned the ICC and after investigation by the ICC, the Attorney General was given leave to file the charges at ICC. General Aguru Idibaba has been charged by the Attorney General of Lagos State before the ICC for Rape and drug trafficking. His counsel a Senior Advocate of Nigeria at the hearing raised a preliminary objection as to the jurisdiction of the Court to assume jurisdiction over the matter.

As an erudite scholar, comment on the propriety or otherwise of the preliminary objection by counsel for General Aguru Idibaba. In your answer highlight the jurisdiction of the court and the procedure for commencement of action, including the fiat given to the Attorney General of Lagos State.

8. A six men armed robbery gang resident in Lagos Ibadan/ Express way has been terrorizing motorist on the high way. They however agreed to suspend operation for a while due to increase operation of military personnel in the

area and decided to launch an attack in a popular hotel in Abuja. While on their way they stopped at a gas station in Oyo State and forced the attendant at gun point to fill their tank. They also robbed the filling station of N100,000.00 and drove off. The car developed fault at Ondo State and they quickly snatched a pathfinder jeep from a motorist and drove off. Upon arrival in Ekiti State, they ditched the car and snatched a land cruiser jeep from another motorist. In Kogi State they ran out of money and decided to rob a new generation bank. In the process they killed two policemen attached to the bank and made away with huge amount of cash about twelve million naira only. They eventually arrived Abuja and kidnapped a prominent politician. They later demanded a ransom of N100,000,000.00 One Hundred Million Naira) only. Eventually they were paid N50,000,000.00. They were however arrested in Kogi State following a tip off and have been charged before the Lokoja High Court Kogi for all the offence. Their counsel raised objection that Kogi State High Court lacks jurisdiction to try the offence.

Comment on the jurisdiction of the Kogi State High Court to entertain the suit supporting your answer with judicial and statutory authorities.

9. Five Chinese nationals, in connivance with a top Nigerian Customs officer and

a colonel in the Nigerian Army, engaged in undervaluation of goods at the dry

port in Kano State in January, 2012. They also smuggled goods into Nigeria.

When the men of the Nigerian Police Force detected their illegal activities,

they arrested them and charged them to court in July 2015. Two of the

Chinese were charged to the Upper Area Court Kano while three of them

were charged to the Chief Magistrates Court in Kano respectively. At the

commencement of their trials, their counsel objected to the jurisdiction of both

courts on the ground that they were foreigners, and therefore, not subject to

the jurisdiction of the Upper Area Court and Chief Magistrates Court, Kano.

They also contended that the offences of smuggling and undervaluation of

goods were statute barred, the proceedings having not begun within 3 years

of the commission of the offences. The courts overruled them on both

grounds and proceeded with the trials. The colonel who aided the Chinese to

commit the offences was charged to a Court Martial presided over by a

Lieutenant Colonel. The Court Martial was convened through an oral

announcement made by the General Officer Commanding that Division during

a ceremony. The colonel was tried, convicted and sentenced to demotion in

rank. He had appealed to the High Court of Kano State on three grounds, viz:

(i) that the court lacked jurisdiction because it was not properly constituted in

that a Lt. Col. presided over the proceedings, (ii) that the court was not

properly convened and (iii) that the judgment of the court martial was not

signed by the members, and that the waiting member did not vote in favor of

the judgment as he was absent on the day it was delivered.

Answer the following questions using statutory and judicial authorities.

A. Comment on the jurisdiction of the Court Martial in relation to the

personnel’s.

B. Comment on the jurisdiction of the Court Martial in relation to the manner

in which it was convened.

C. Comment on the objection that the judgment of the Court Martial was not

signed by the members and the non-voting of the waiting member.

D. Comment on the trial of the Chinese before the Upper Area Court and

Magistrate’s Court respectively.

E. What would be your position assuming that both the Custom officer and

the Colonel who aided in the smuggling were both charged before the

Court Martial?

F. Assuming some of the defendants were convicted in (E) above can such

persons be tried again before the regular court?

10.Members of a Movement desiring freedom to self-determination within the

Nigerian State have joined forces together to overthrow the government of the

Federal Republic of Nigeria through the use of force. They have maimed and

killed the citizens of Nigeria and destroyed properties worth billions of Naira.

They started from Maiduguri, Borno State in 2009. They have carried out their

activities in Adamawa and Yobe States. Some of them were arrested in Lagos

State, Banga Mayana; Kudus Keyina, Musola Yangashi, Abibab Fubu aged

17 years and Kanyare Ribona aged 19 years allegedly planning to bomb an

Estate. Among them were two children of 14 years of age. There has been a

lot of pressure from the citizens to charge them to court but the government

seems to lack the political will to do that. Some Civil Liberties Organizations

have sent a petition to the Office of the Prosecutor, International Criminal

Court, to try the suspects. In reaction to the petition, the Federal Government

of Nigeria has charged the suspects to the Lagos State High Court, for

offences of treason and treasonable felonies. The Counsel representing the

defendants objected to the jurisdiction of the court on the grounds that the

children cannot be tried together with the adults and that the offences having

been committed in 2009, should have been tried in 2011. It was, also,

contended, finally, that the Federal High Court, and not the Lagos State High

Court, has the jurisdiction to try the offences disclosed in the Information.

Based on the scenario above answer the following question using

judicial and statutory authorities:

A. Comment on the propriety of the petition filed by Civil Liberties

Organisation to the office of the Prosecutor International Criminal Court.

B. Comment on the subject matter jurisdiction of the court to entertain the

case filed by the Federal Government.

C. Comment on the propriety or otherwise of the trial of all the suspects

before the Lagos State High Court.

D. Comment on whether or not the matter has become statute barred.

E. Comment on the jurisdiction of the International Criminal Court to entertain

matters arising from Nigeria and the procedure for commencement of

action before the court.

11.Research briefly on the jurisdiction of the ECOWAS Court over Nigerian Courts and the binding effects of its decisions over Nigeria and her citizens and the enforceability of the judgments of the court.

CASES TO READ

1. IBORI V. F.R.N (2009) 3 NWLR (PT 1128) 2832. ABIOLA V. F.R.N (1995) 3 NWLR (PT 382) 2033. MAYAKI V. REG. YABA MAG COURT. (1990)2 NWLR (PT 130) 434. OKORO V. NIG. ARMY (2000)3 NWLR (PT 647) 915. MODUPE V. STATE (1988) 4 NWLR (PT 87) 1306. GUOBADIA V. STATE (2004) 6 NWLR(PT 869) 3607. R V. OLADIMEJI (1964) NMLR 318. OBISI V.CHIEF OF NAVAL STAFF (2004) 11 NWLR (PT. 885) 482

STATUTES.

1. SECTION 251 , 1999 CONSTITUTION2. SECTIONS 131-146 ARMED FORCES ACT3. SECTIONS 19 AND 45, FEDERAL HIGH COURT ACT4. SECTIONS 6 AND 8 CHILDREN AND YOUNG PERSONS ACT5. SECTION 26 MAGISTRATES COURT LAW OF LAGOS STATE, 20096. SECTIONS 24, 257(1) CPC7. SECTION 15 AREA COURTS LAW8. S.33 Trafficking in Persons (Prohibition) Law Enforcement & Administration

Act 2003.9. S.14 Advanced Fee Fraud and other Related Offences Act.10.S. 19 Economic and Financial Crime Act (EFCC).11.S.9 Robbery and Firearms (Special Provisions) Act.12.S. 26 National Drug Law and Enforcement Agency Act.13.S. 32 (1) Terrorism (Prevention) Act 2011.14.S. 19 (1) Money Laundering (Prohibition) Act 2011.15. Childs Right Act.16.The Court Martial Rules.

COUNCIL OF LEGAL EDUCATION

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION SCHEDULE &TASKS WEEK 6 – 14TH JANUARY, 2019.

TOPIC - INSTITUTION OF CRIMINAL PROCEEDINGS.

OUTCOMES

At the end of this lesson students would be able to;

1. Identify and explain who can institute (commence) Criminal proceedings.2. Explain and discuss how to commence criminal proceedings in the various

courts in Nigeria.3. Discuss limitation of time to commence criminal proceedings.

CONTENTS

1. Persons who have authority to institute criminal proceedings;

a) The Attorney General

b) The Police

c) Private persons and

d) Special prosecutors

2. Modes of instituting criminal proceedings in the various courts in Nigeria.

3. Limitation of time to commence criminal proceedings

NOTE: Students are expected to read the topic in advance, paying particular attention to the Constitution, the Police Act, the Criminal Procedure Laws of various States, Criminal Code, Penal Code the ACJL 2011, ACJA 2015, the EFCC and NDLEA Acts etc and relevant cases on the subject.

ALL GROUPS TASKS & ASSIGNMENTS

All groups are to answer all the questions below ensuring full participation by members. Groups should be ready to present their work by power point and submit the hardcopies in class by 9 am on Monday 14 th January 2019. Soft copies of their

tasks must be sent electronically not later than 7:00pm Sunday 13 th January, 2019 to the lecturers concerned.

SCENARIO ONE

On the 15th of March 2017, Gabriel Hammed and Ibrahim Dodondawa broke into the house of Chief Martins Daura in the Lafia local Government area of Niger State and carted away some valuables worth millions of naira and his two vehicles parked in his compound. Mr. Dauda Garba , a Principal State counsel in the Niger State Ministry of Justice brought an application for leave to prefer a charge against the accused persons before Hon. Justice Sanusi Kolo of Lafia High Court Niger State, but the judge refused the application. Mr. Garba thereafter brought the same application before another judge, Hon.Justice Kamil Buba of the same High court who granted the application.

Subsequently, the charge was preferred against the accused persons before the High Court of Hon Justice Kamil Buba in Lafia. The trial commenced with the accused persons taking their plea one after the other. The prosecution thereafter opened their case. They called four witnesses and informed the court they were through with their case.

The defence counsel was then called upon by the court to open his case. After calling his second witness the Attorney General of the State, Mr. Mumuni Gambo walked in and entered an oral nolle prosequi. The judge refused to grant it and ordered that he put it into writing. On the next adjourned date the Attorney General sent the Principal state counsel, Mr Garba with a written request to discontinue the proceedings. The trial judge was livid with anger and demanded to see the Attorney General who must adduce reasons for such discontinuance else he will cite him for contempt. He refused to grant the request and the trial continued. The Attorney General has vowed to appeal against the ruling of the Judge.

Now answer the following questions supporting your answers with relevant statutory and judicial authorities;

1. a. Was it proper for Mr Dauda Garba, the Principal State counsel to bring another application for leave to prefer a charge before another judge after same has been refused by a judge of the same High court? Give reasons for your answer.

b. As a prosecuting State counsel in Niger state Ministry of Justice, Draft an application seeking leave to prefer a charge against the two accused persons in the first scenario. And list the documents that will accompany such application to the judge?

c. What is the validity of the nolle prosequi entered by the Hon. Attorney General of Niger State ? Was the judge right in ordering the AG to put the request into writing? Give reasons for your answers

d. Comment on the Judge’s insistence that the Attorney General must appear in court to submit the written request and give reasons for the discontinuance. Was the judge right to have refused granting the request? Why?

e. Would the Attorney General succeed on his appeal? Give reasons.

f. What are the differences between Nolle prosequi and Withdrawal under the statutes such as S.75CPL, 73ACJL and 107(1) ACJA?

SCENARIO TWO

Patrick Abassa and Okon Ikpeme were brought upon a First Information Report before Okirika Magistrate court, Enugu by Inspector Stephen Agara. They were charged with offences of conspiracy, assault occasioning grievous bodily harm, and arson to which they all pleaded not guilty. As the Police officer was about to open his case the Attorney General of Enugu state announced his intention to take over and continue the proceedings from the prosecuting officer. The defence counsel objected to this move on the ground that the Attorney General has no right of appearance at the Magistrate court, that his action is an abuse of court process, and that being s Senior Advocate of Nigeria he cannot appear at the Magistrate Court but he was promptly overruled by the trial Magistrate. The Attorney General delegated the prosecution of the case to Mrs Lilian Briggs a Principal state Counsel in his department, who continued with the trial until judgment was delivered.

Now answer the following questions supporting your answers with relevant statutory and judicial authorities;

2. a. What is the propriety or otherwise of the First information report (FIR) filed by Inspector Stephen Agara before Okirika Magistrate court, Enugu?

b. Will your answer be different if the First information report was filed before a Magistrate court in Sabongeri, Sokoto. Give reasons. What steps would the Magistrate in Sokoto take before convicting a suspect assuming the FIR was filed in this court?

c. Was the Attorney General of Enugu State right in taking over the proceedings from the Police officer, Inspector Stephen Agara? Why?

d. If you were a defence counsel would you have raised an objection to the taking over of the proceedings by the Attorney General? Give reasons

e. What is the propriety or otherwise of the delegation of prosecution of the case by the AG to Mrs Lilian Briggs, a Principal state counsel in his department? Give reasons.

SCENARIO THREE

In the High Court of Lagos, Igbosere recently two accused persons Gbenga Yusuf and Paul Nkedima were arraigned before the Criminal Division of the court for the offence of armed robbery by Inspector Kango Kudus of the Police Divisional Headquarters Lion building, Lagos Island. After the charge was read to them but before the defendants took their plea, their counsel Mr. Oloriogun objected to the presence of the police officer Inspector Kudus on the ground that Police Officers are not allowed to prosecute cases in superior courts like the High Court. The judge upheld the objection and adjourned the case.

On the next adjourned date a Senior state Counsel from Lagos State Ministry of Justice, Mr. Bunmi Adeyinka, was seconded to continue with the trial. The defence Counsel promptly objected to his appearance for the prosecution on the ground that a State Counsel cannot validly prosecute a case on behalf of the State when there was no incumbent Attorney General in office, as the Attorney General was just relieved of his post by the governor, a week before. The defence counsel was overruled by the judge and continued with the trial. Midway through the trial, the defence counsel raised an objection to the effect that the prosecution did not obtain consent of a high court judge before filing the Information charging the offenders. He urged the court to quash the Information. The judge overruled him and continued with the trial.

Now answer the following questions supporting your answers with relevant statutory and judicial authorities;

3. a. Was the defence counsel right in objecting to the presence of Inspector Kango Kudus at the High court and the reasons he gave? Was the judge also right in upholding the objection? Give reasons.

b. What is the validity of the objection of defence counsel to the appearance of Mr. Bunmi Adeyinka to prosecute on behalf of the state? Were his reasons tenable in law? Give reasons for your answer.

c. Was the Judge right in overruling the objection of the defence counsel, Mr. Oloriogun against the Information filed without consent? Why?

d. Would your answer be different if it was a High court in Abeokuta, Ogun State? Give reasons.

4. How do you commence criminal proceedings in the Federal High Court Kaduna? Will your answer be different if it is Federal High Court Ikoyi, Lagos? Give reasons.

5. Ahmed Joseph was working for Lagos State Ministry of Cooperatives for the last 15years. In August 2016 he carted away computers, television set belonging to his department. He was later arrested and arraigned before Ikeja Magistrate Court. His counsel raised an objection that three months had elapsed since his client committed the offence and being a public officer he could not be validly prosecuted on the said charge of stealing. The Magistrate overruled the objection and continued with the trial. Assuming you are the prosecuting officer what will be your response in this circumstance?

6. As a prosecuting counsel in the above case by what process will you commence the proceedings before the Magistrate Court? Why?

STUDY MATERIALS

A. TEXTBOOKS O. A. Onadeko: The Nigerian Criminal Trial ProcedureO. Doherty: Criminal Procedure in Nigeria, Blackstone, 1990.Bob Osamor: Fundamentals of Criminal Procedure Law in Nigeria (2nd Edition).A.F Afolayan: Criminal Litigation in Nigeria 3rd Edition,2016.J. A Agaba; Practical Approach to Criminal Litigation in Nigeria. Revised 3rd Edition, 2017Y.D.U Hambali: Practice and Procedure of Criminal Litigation in Nigeria.2nd Edition, 2018F. Agbedo: Rights of Suspects and Accused persons under Nigerian Criminal Law.V.B Ashi: Basic Skills inTrial Advocacy.O.O Orimogunje: Law of Evidence in Civil and Criminal Litigation in Nigeria.

B. STATUTESConstitution of the Federal Republic of Nigeria, 1999 (as amended)Criminal Procedure Laws of Various StatesCriminal Procedure Code Laws of Various StatesAdministration of Criminal Justice Law Lagos (ACJL) 2011Administration of Criminal Justice Act (ACJA) 2015Police Act: Sections 4 & 23. CAP P19 LFN 2004EFCC (estab.) Act 2002The Independent Corrupt Practices and other related offences ActNDLEA Act CAP N30 LFN 2004

C. RELEVANT CASES

Anyebe V. The State [1986] 1 SC 87.

Amaefule v State (1988) 2 NWLR(Pt.75) 156

Emelogu v The State [1988] 2 NWLR (Pt. 78)

Edet v The State (1988) 12 S.C (Pt.1) 103

Sadiku v The State 2013 11 NWLR (Pt. 1364) 191

State V. Chukwurah & Ors. [1964] NMLR 64.

State V. Akor [1980] 2 NCR 1.

State v. Ilori [1982] 2 SC 155.

AG. Kaduna State V. Hassan [1985] 2 NWLR (Pt. 8) 483.

State V. Obasi [1998] 9 NWLR (Pt. 567) 686.

Ibrahim & Ors V. The State [1986] 1 NWLR (Pt. 18) 650.

AG Federation v All Nigeria Peoples Party(ANPP) &Ors. 2003 18 NWLR(Pt.815) 182

Comptroller of Nigerian Prisons V. Dr. Femi Adekanye [2002] 7 SCNJ 399.

DPP V. Akozor [1962] 1 All NLR 235.

Nafiu Rabiu V. State [1980] 2 NCR 117.

The State V. Gwanto [ 1983] 1 SCNLR 142.

Abacha V. State [2002] 11 NWLR (Pt. 779) 437.

Osahon V. FRN [2006] 2 SC (Pt. II) 1.

Olusemo V. C.O.P. [1998] 11 (Pt. 575) 547.

Clarke V. AG. of Lagos State [1986] 1 QLRN 119.

Akilu V. Fawehinmi No. 2 [1989] 2 NWLR (Pt. 102) 122.

R. V. Adamson [1975] 1 QBD 201.

Aluko V. DPP. [1963] 1 All NLR 398.

Fred Egbe V. State [1980] NCLR 341.

Ikomo V. The State [1985] 5 SC 513.

Ohwovoriole V. FRN [2003] 2 NWLR (Pt. 803) 176.

AGF. V. Dr. Clement Isong [1986] 1 QLRN 75.

Mayaki V. State [ 1981] 1 NCR 25.

Olatunji V. The State [2003] 14 NWLR (Pt. 839) 138.

Yabugbe V. C.O.P. [1992] 4 NWLR (Pt. 234) 152.

Saraki V FRN.(2016) 2 NWLR(pt 1495) 25

NIGERIAN LAW SCHOOLLAGOS CAMPUS

CRIMINAL LITIGATION LECTURE SCHEDULE AND TASK FOR MONDAY 21 JANUARY, 2019 WEEKS 7 & 8.

CHARGES

OUTCOMES:At the end of the lesson students would be able to:

1. Explain the form and contents of a charge sheet;2. Explain and discuss the rules of drafting charges;3. Explain the effect of breach of each rule4. Draft a charge in the various courts in Nigeria5. Explain the effect of a defective charge6. Amend a defective charge

CONTENTS:1. Form and contents of a charge sheet2. Rules of drafting charges, viz:

a. The rule against ambiguityb. The rule against duplicityc. The rule against mis-joinder of offencesd. The rule against mis-joinder of offenders

3. Effect of breach of each rule4. How to draft a charge in the various courts in Nigeria5. How to draft a charge in the Magistrates’ and State High court in the South6. How to draft a charge in the Magistrates’ and State High court in the North7. How to draft a charge in the Federal High Court 8. The effect of a defective charge9. Amendment of charges

INSTRUCTIONS:

1. Students are expected to read the topic in advance paying particular attention to the Criminal Procedure Laws, Criminal Procedure Code Laws, ACJL, ACJA, Criminal Code, Penal Code and the Constitution.

2. Each student is expected to prepare the under listed tasks and have a private file which will be inspected and from which presentations will be made by the student when called upon.

3. Each student is to submit typed copies (hard copy) of drafted charges of the assignment on charges given to them in December 2018 to their

group leaders with their registration numbers embossed boldly on the top latest on Sunday 20 January 2019 by 7.00pm.

4. Students must ensure that the soft copies of their work will be in a flash drive which will be used to make presentation when the student is called.

5. Each group leader must get a separate group file where all the submitted copies of the assignment of members of the group will be kept which will be submitted on Monday 21st January, 2019 latest by 9.00am to the lecturers.

6. Any student whose assignment is not on the file will be deemed not to have participated in the group meeting irrespective of his/her signing of the attendance register.

7. Collusions and/or copying between students in drafting the charges that was sent during December 2018 will be greatly penalized.

8. The assignment in the scenario contained hereunder is for group work but assignment on (sample charges) sent in December 2018 to students is on individual bases.

9. The group leaders must submit soft copies of the groups’ task latest by 7.00pm on Sunday January 20, 2019 while the hard copies are to be contained in a separate file to be submitted latest 9.00am Monday January 21, 2019.

10.The following are the group assignments for presentation by power point:

GROUP 1: DISCUSS THE FORM AND CONTENTS OF A CHARGE SHEET IN THE MAGISTRATE COURT (SOUTH)GROUP 2: DISCUSS THE FORM AND CONTENTS OF A CHARGE SHEET IN THE MAGISTRATE COURT (NORTH)GROUP 3: DISCUSS THE FORM AND CONTENTS OF A CHARGE SHEET IN THE HIGH COURT (SOUTH)GROUP 4: DISCUSS THE FORM AND CONTENTS OF A CHARGE SHEET IN THE HIGH COURT (NORTH)GROUP 5: DISCUSS THE FORM AND CONTENTS OF A CHARGE SHEET IN THE FEDERAL HIGH COURT GROUP 6: DISCUSS THE RULE AGAINST AMBIGUITYGROUP 7: DISCUSS THE RULE AGAINST DUPLICITYGROUP 8: DISCUSS THE RULE AGAINST MIS-JOINDER OFFENCESGROUP 9: DISCUSS THE RULE AGAINST MIS-JOINDER OF OFFENDERS.GROUP 10: DISCUSS THE EFFECT OF A DEFECTIVE CHARGE AND THE APPROPRIATE TIME TO OBJECT TO A DEFECTIVE CHARGE

ALL STUDENTS ADDITIONAL INDIVIDUAL ASSIGNMENT: (A) DISCUSS GENERALLY AMENDMENT OF CHARGES AND THE

PROCEDURE TO BE ADOPTED WHEN A CHARGE IS AMENDED BEFORE ARRAIGNMENT AND DURING TRIAL.

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION MONDAY 4, FEBRUARY 2019

LECTURE SCHEDULE AND TASK WEEK 9

TOPIC: BAIL PENDING TRIAL

OUTCOMESAt the end of the lesson students would be able to:

a) Identify the nature and types of bail – bail by the police; bail by court pending trial and; bail by court pending appeal

b) Explain the methods of applying for bailc) Identify factors that govern grant of baild) Explain the procedure for applying for bail after it has been refused by the

Magistrate.e) Draft application for bail before the court.f) Explain the terms and conditions upon which bail may be granted.g) Identify the circumstances when bail may be revoked.h) Distinguish between Remand Order and Holding Charge.i) Explain the procedure for applying for Remand Order under ACJA and

ACJL.j) Draft application for Remand Order.k) Explain the procedure for obtaining bail in a remand Order proceedings.l) Explain the power of the Chief Judge to release Prisoners under the

Criminal Law (Release from Custody) Special Provisions Act.m) Explain the power of the Chief Magistrate to conduct inspection of Police

stations or other places of detention (not prison) within his territorial jurisdiction and grant bail under section 34 ACJA.

n) Distinguish between the power of the Chief Judge to release prisoners and power of the Chief Magistrate to grant bail to suspects.

CONTENTS1. Nature and types of bail.2. Power of the Magistrate court to grant bail3. How to apply for bail to the High Court after refusal by the Magistrate4. The procedure for bail application in the High Court5. Factors that govern grant of bail by the court.6. Terms/conditions upon which bail may be granted7. Revocation of bail.8. Procedure for Remand Order application.9. Grant of bail in Remand Order Proceedings.10. Duration of Remand Orders under ACJA and ACJL.11. Difference between Remand Order and Holding Charge.

12. Power of the Chief Judge to release Prisoners from Prison.13. Power of the Chief Magistrate to inspect detention centres and grant bail to

suspects.

NOTE: 1. Students are expected to read the topic in advance paying particular

attention to the Criminal Procedure Laws of the various states, Criminal Procedure Code Laws of the various states, ACJL, Lagos, 2011, the ACJA, 2015, the Criminal Code, Penal Code, the Constitution and Evidence Act,2011.

2. Each group are to meet, discuss and solve the questions.3. Students are strongly advised individually to solve the task on their own.4. Solved task must be sent to Tijani@lawschoollagos.org and

Kanu@lawschoollagos.org not later than Sunday 3rd February 2019 before 7:00pm.

5. The hard copies of each groups assignments must be in the groups file on Monday 4th February 2019 before 9:00am with attendance list.

ACTIVITIES IN CLASS:1. In the class tutor gives an overview – 30 minutes2. Students are grouped to discuss the procedure for applying for bail before

the magistrate court – 30 minutes3. Students are grouped to discuss and make sample presentations on the

procedure for applying for bail to the High Court after an application for bail has been refused by the Magistrate - 30 minutes

4. Students are grouped to discuss and make sample presentations on the factors that guides the court when considering an application for bail - 30 minutes

5. Students are grouped to discuss and make sample presentations on the procedure for applying for Remand Order under ACJA and ACJL-30 Minutes.

6. Students are grouped to discuss and draft applications for Remand Order under the ACJA and ACJL- 30 Minutes.

15 MINUTES BREAK7. Students are grouped to discuss and draft motion/summons for bail before

the High court together with a supporting affidavit based on a scenario- 40 minutes

8. Students are grouped to move the bail application before the High court based on the *********scenario- 30 minutes

9. Students discuss in groups and make presentations on the terms and conditions upon which bail may be granted and the circumstances under which bail may be revoked.- 30 minutes

10. Students are grouped to discuss the differences between the power of the Chief Judge to release inmates and the power of the Chief Magistrate to grant bail-30 Minutes.

11. Assessment. - 20 minutes.Bolanke Manitoba Scenario on bail

On the 10th day of September 2015 a gang of armed robbers numbering about six armed with firearms invaded Muson International Supermarket at No 10 Awolowo Road, Victoria Island Lagos and stole at gun point from the supermarket till the sum of five million Naira and carted away two Samsung Large screen television worth two million and five hundred thousand naira only. The names of the armed robbers are Bolanke Manitoba, Kamanga Zaki, Fakinama Abunga, Zampari Bungu, Brutus Saforova and Yansinbe Cantona. Security personnel in the adjoining building observed the irregular movement in the supermarket and alerted the police. Exchange of gunfire ensued when the police arrived before the robbers ran away leaving their injured colleague Zampari Bungu behind. The police carried him to the hospital for medical attention. After one month at the hospital he recovered and was immediately arrested and taken to the Alagbon Division of the Nigerian Police, Lagos Island where he was detained for questioning and prosecution. After one day of mental torture which includes regularly hanging him in a ceiling fan in the interrogation room, throwing him into a tank full of water for five minutes daily and denying him of food regularly, he eventually gave information that led to the arrest of the other gang members after one month.

The father of Zampari Bungu employed the services of a lawyer Harrietanami Henry who was called to the Bar on 21st October 2015 to apply for his son’s bail at the police station. When he visited his client at the station he gave two thousand naira to the constable in the counter to assist in buying tissue paper in order to secure access to see his client. He also informed the constable that he will settle him if he facilitates his client’s release on bail and that he is ready to act as surety. He was eventually retained by the other accused persons as their counsel. He submitted their bail application to the Divisional Police Officer but his application was refused more particularly that it was a woman who was presented as a surety and that the offence is unbailable.

Curiously, the Police brought an application to the Magistrate Court Igbosere for remand requesting for a period of two months pending completion of investigation which was eventually granted and counsel three days after the grant of the remand order filed an application in court for enforcement of his client’s fundamental rights as Zampari Bungu while in detention developed pneumonia as a result of constant exposure to cold and has become hypertensive. Bolanke Manitoba is an out-patient at the Lagos State University Teaching Hospital as he is suffering from tuberculosis and cardiopathy whilst others have developed severe heart burn and acute ulcer.

Answer the following questions as counsel to the accused persons:

1. Draft an application for Police bail on behalf of the suspects at the Police Station.

2. Draft their bail application to be filed at the Lagos State High Court with the supporting affidavit excluding the written address.

3. Assuming the scenario is in the FCT, draft their bail application to be filed at the Federal Capital Territory, Abuja, Maitama High Court with the supporting affidavit excluding the written address.

4. Assuming the defendants was brought for arraignment at the Magistrate Court Igbosere and the Police applied for their remand orally in Prison custody pending completion of investigation, what would be your reaction as counsel?

5. Draft the application to Lagos State High Court for remand order in the above scenario.

6. Draft the written address in support of your bail application in question two above.

7. Comment with the aid of decided cases on the reasons given by the Police for refusing them bail.

8. Assuming the scenario revolves around incidents of stealing and your bail application was filed at the Magistrate’s Court but it was refused, draft a subsequent application to be filed at the High Court for all the accused persons.

9. Comment on the ethical issue (s) if any, based on the conduct of the Legal Practitioner at the Police Station.

10.Comment on the maximum period within which a remand order may last before expiration under the ACJL and ACJA.

11.Distinguish between Terms/Conditions of bail and Factors that govern grant of bail.

12.What options if any are open to the Counsel assuming his clients are unable to fulfil the terms/conditions of bail?

13.Comment on the Power of the Chief Magistrate to inspect detention centres and grant bail to suspects and the restrictions if any.

14.Distinguish between the Power of the Chief Judge to release Prisoners from Prison and the Power of the Chief Magistrate to inspect detention centres and grant bail to suspects.

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION WEEK 11 AND 12, MONDAY FEBRUARY 11 TH , 2019

TOPIC: CONSTITUTIONAL SAFEGUARDS TO ENSURE THE FAIR TRIAL OF AN ACCUSED PERSON/DEFENDANT

OUTCOMES:At the end of the lesson students would be able to:

1. Discuss the constitutional and statutory provisions safeguarding the rights of an accused person in a criminal trial.

2. Discuss the limits of those rights.

CONTENTS1. Right to be informed of the crime alleged2. Right to fair hearing3. Presumption of innocence4. Right to adequate time and facilities for defence.5. Right to counsel6. Right to be tried only for an offence known to law7. Right to silence8. Right to one trial for one offence9. Right against trial upon retroactive legislation10.Right against trial for an offence for which accused has been pardoned.11.Right to examine witnesses called by the prosecution12.Right to interpreter.

ACTIVITIES AND ASSIGNMENT1. Students are expected to read the topic in advance paying particular attention

to the provisions of the 1999 Constitution, the Criminal Procedure Law, the Criminal Procedure Code Law, the Administration of Criminal Justice Law 2011 and the Administration of Criminal Justice Act 2015, Evidence Act 2011.

2. Note that all groups must research on all the assignments and relate their work to the scenarios given below.

3. All presentations must be on power point and electronic copies to be submitted latest 7.00pm Sunday February 10th, 2019.

SCENARIO 1Balanga Zaki and Mungu Balawo were arraigned at the Lagos State High Court Ikeja for the offence of murder and Armed robbery and both were represented by different counsel. At their arraignment, it was discovered that Balanga Zaki does not understand English but Hausa language, while Mungu Balawo understands pidgin English. There was no court interpreter and no other officer of the court understands English language on the day the matter came up for trial after arraignment. In order not to delay proceedings and also to meet up with the Nigerian Judicial Council directives to Judges to deliver a minimum of five judgments a month, the court mandated the co-accused Mungu Balawo to interprete the proceedings in Hausa language to Balanga Zaki since they are partners in crime despite the protest from Mr. Selengor Smith counsel to Balanga Zaki. However, Mungu Balawo informed the court that he is an indigene of Oyo State and as such is not fluent in Hausa language but only have a limited understanding of

Hausa language, but the court directed him to proceed, whereupon Mr Selengor Smith again vehemently objected to the strange procedure. The trial judge was angered by his protest and objection which he perceived as an affront to his authority and ordered him out of his court whilst proceedings continued. The trial judge also conducted cross examination on behalf of Balanga Zaki in a bid not to prejudice the accused case since his counsel has been sent off from the court. The accused, Balanga Zaki refused the kind gesture by the judge but rather made an application for an adjournment to enable him secure the service of another counsel. The application was refused and proceedings continued which led to the conviction and sentence of all the accused persons the same day.

SCENARIO 2Mike Kasiba, Siyanki Babagana and Zankari Balabe are close friends and graduates of Amigos University of Nigeria. They were all leaders of Rotary Club in the University. Twelve years after graduation Mike Kasiba was elevated to the Bench. Siyanki Babagana is a top manager in an International Oil Company in Nigeria while Zankari Balabe is an international Business man engaged in importation of SUV cars from the United States of America to Nigeria. They however lost contact due to their busy schedule. Whilst traveling out of Nigeria during one of his business trips Zankari Balabe was caught at the Muritala Mohammed International Airport with 20 kilos of Cocaine. He was arrested and at the conclusion of investigation arraigned at the Federal High Court, Lagos before Honourable Justice Mike Kasiba. At his arraignment, Mike Kasiba recognized Zankari Balabe but the accused was unable to recognize the judge. Honourable Justice Mike Kasiba advised himself that he will remain impartial throughout the proceedings. The judge was however ashamed that an old friend, a Rotoract and an alumni could degenerate to such level. He refused their bail application. During the course of the trial the accused subsequently recognized the presiding judge and was elated that his old friend will let him off the hook relying on a technical ground. He informed his business partner of the development. His business partner approached Siyanki Babagana informing him to approach the judge on his behalf. Siyanki Babagana approached the judge but the judge remained adamant that the law will take its course. At the conclusion of the trial the judge convicted and sentenced the accused person accordingly. Zankari Balabe is now considering filing an appeal.

Advise all the parties in the above scenarios, identifying the legal issues with the aid of statutory and judicial authorities.

SCENARIO 3After the arrest of Mutu Kango and Jango Zuma at Ikorodu park assault and robbery whilst they were committing robbery they were detained at the police station Ikorodu for a period of nine days without access to their family members and/or legal practitioner. They were totally ignored by the police and after conclusion of

investigation within a period of sixteen days they were arraigned in court on a two count charge. At their trial their counsel Kema Dike raised objection to the jurisdiction of the court to try his clients since they were not informed of the crime alleged within a reasonable time at the police station. The court overruled the objection and directed the defendants to take their plea. He subsequently applied for an adjournment when his objection was overruled, arguing that he is yet to be given the charge sheet and other materials the prosecution are relying upon to enable him advice his client properly and for them to prepare for the case.The court cautioned him not to disrupt the proceedings again and called on the defendants to take their plea.

SCENARIO 4At the resumed sitting in the Ebonyi State High Court, the accused Nwachukwu Christian at the conclusion of the prosecution case refused to commence his defence and remained silent. His counsel made an application for a no case submission and at the same time rested his case on that of the prosecution. The trial court as well as the prosecution both commented that it was as a result of the guilt of the accused that he could not enter his defence. The court overruled both application and called for final addresses from counsel. The counsel for the accused opted to open its case by calling witnesses but this was objected to by the prosecution. The court upheld the objection and after final addresses, the accused was convicted and sentenced accordingly. His counsel now intends to file an appeal at the Court of Appeal.

SCENARIO 5Tze Mang and Ajibade Laye are both active members of their community Age Grade Association. Tze Mang is the treasurer and Ajibade Laye is the Union President. The Association is registered under part C of the Companies and Allied Matters Act LFN 2004. The Union has its own constitution and internal disciplinary procedures. As a result of family issues, Tze Mang used part of the Association money and covered it up in his monthly report and also appropriated to his personal use the union’s van by changing the vehicle particulars to his name.

Both acts constituted infringement of the union constitution. When these secret acts were discovered, a committee was set up to investigate the matter and recommend appropriate punishment. He was eventually found guilty of breach of the union constitution. He was fined N5,000.00 and suspended from all the union activities for two months. However upon the change of the regime and the election of new members, the matter was eventually reported to the police who have resolved to prosecute the matter. Upon arraignment Tze Mang’s counsel informed the court that his client has been tried before for this offence whereupon the magistrate struck out the charge and discharged Tze Mang. The Prosecution is contemplating on appealing the decision. Advise the parties.

SCENARIO 6

Mr Mangala Ballah a Governorship candidate of NGP (New Generation Party) who was previously convicted of corruption related offences but was subsequently pardoned by the President has just been disqualified by the National Election Commission on the ground that he is an ex-convict and therefore is disqualified from contesting from any elective position in Nigeria. He is confused as to the course of action to take and has consulted you for legal advice.

Identify and comment on the legal issues raised in the scenarios with the aid of judicial and statutory authorities.

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION WEEK 13 FEBRUARY 20, 2017

TOPIC: ATTENDANCE OF PARTIES AND ARRAIGNMENT (TRIAL 1)

OUTCOMES:

At the end of the lesson students would be able to:

1. Explain what is the legal effect where:

a. The accused person is absent at his trialb. Where the complainant is absentc. Where both the accused and the complainant are absentd. Where a material witness is absente. counsel to the accused is absent

2. Explain the duties and roles of Registrar, Judge and Counsel in criminal trials3. Conduct a valid arraignment4. Explain the various options open to an accused person on arraignment5. Explain the meaning and procedure for plea bargaining.

CONTENTS:

1. Attendance of the accused in court2. Attendance and duties of counsel in court3. Attendance of the complainant in court4. Attendance of vital witnesses in court.5. Roles and duties of Registrars and Judges in a criminal court6. Arraignment7. Options open to an accused person on arraignment.

8. Meaning and procedure of plea bargaining.

ACTIVITY BEFORE CLASS1. Students are to read in advance the topic in the recommended text books

paying particular attention to the statutes, cases and materials provided on the subject.

2. All groups will prepare the assignments and be ready to present them in class.

3. It is advisable for each student to solve all the questions.4. Each group to send the send the soft copies of their work together with

attendance list of students to the lecturers not later than Sunday 19 February, 2017 whilst the hard copies are to be placed in the groups file on Monday February 20, 2017 by 9.00am.

ALHAJI BARAK BELEMA SCENARIO:

Alhaji Barak Belema is the leader of a Kingpin drug cartel with wide spread contact to the high and mighty in the society. He recruited Malik Babados, Mitch Rapp, Stan Hurley and Thomas Petrusky as his foot soldiers who have worked for him for years. On January 14, 2015 Malik Babados concealed in the sole of his shoe 20 kilos of a substance suspected to be cocaine, Mitch Rapp concealed in the sole of his shoe 15 kilos of a substance suspected to be cocaine and Stan Hurley concealed in his hand luggage about 25 kilos of a substance suspected to be heroine was scheduled to fly from Muritala Muhammed Airport to Netherland, Singapore and United Arab Emirates respectively through Bango Express Airways. Inspector Bobosky Apolla a senior custom official in charge of electronic and manual search at the Muritala Mohammed airport was contacted by Alhaji Barak Belema who informed him that his boys was scheduled to travel on January 14, 2015 and he should accord them all necessary protection and assistance as usual. Meanwhile Alhaji Barak contacted Perikoma Jalingo who understands pidgin English and a cultist to eliminate Thomas Petrusky as he was becoming stubborn. He carried out the act on January 15, 2015 and where handsomely rewarded.

Upon arrival at the airport they confirmed that Inspector Bobosky Apolla was on duty. Unknown to them Inspector Bobosky the previous night having attended all night gospel crusade surrendered his life to God and washed his hands off from the business. When Malik Babados, Mitch Rapp and Stan Hurley the electronic gadget indicated that they were carrying narcotic substance and they were all arrested.

The boys during interrogation confessed, and Alhaji Barak Belema was arrested. Alhaji Barak during police interrogation confessed that the drugs were being supplied to him by Bakayoko Mumina who grows the drugs in his farm and that he (Alhaji Barak Belema) arranged for the assassination of Thomas Petrusky by hiring

Perikoma Jalingo to kill him at his Ikeja home. The police subsequently arrested Bakayoko Mumina and Perikoma Jalingo.

At their arraignment at the Federal High Court Lagos Judicial Division, the court registrar read the charge at once to all the accused persons and called on them individually to plead to different counts in the charge. Alhaji Barak Belema pleaded guilty to the Charges against him. Malik Babados and Mitch Rapp were leg cuffed because of their muscular body to prevent them from escaping. Malik refused to plead to the charge while Mitch stood mute when called upon to plea. Stan Hurley did not plea but rather raised a preliminary objection to his trial upon the charge since the prosecutor failed to obtain consent before filing the charge and that the jurisdiction of the court cannot be invoked. Also Perikoma Jalingo said “I de craze, na wetin make I killam” and the court recorded the plea of not guilty by reason of insanity for him while Bakayoko Mumina pleaded guilty with reason.

ANSWER THE FOLLOWING QUESTIONS:

GENERAL GROUP TASK:

A. Using judicial and statutory authorities comment on the validity of the arraignment of the defendants in the above scenario.

B. Comment with the aid of judicial and statutory authorities on the procedure adopted by the court registrar in reading the charge to the Defendants in the above scenario.

C. Comment on the attitude of Malik Babados who refused to plead to the charge.

D. Comment also on the plea of Mitch Rapp who stood mute when asked to plead to the charge.

E. Comment on the propriety of the objection raised by Stan Hurley at that stage of the trial instead of taking his plea. At what stage of the trial would the objection have been properly raised? Comment on the validity of the ground of the objection.

F. Comment specifically on the arraignment and plea of Perikoma Jalingo in the above scenario and the responsibility of the judge thereafter.

G. Comment also on the plea of Bakayoko Mumina and what the trial court is required to do if any.

H. Mention the Roles and duties of Registrars and Judges in a criminal court.

I. List and explain the Options open to an accused person on arraignment.J. Discuss the propriety of plea bargain in Criminal trials in Nigeria generally.

K. Group 9 and 10 to debate for and against Plea Bargain in Nigeria. Group 9 in support while Group 10 is against.

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION MONDAY 25, FEBRUARY 2019

LECTURE SCHEDULE AND TASK WEEK 14

TOPIC: TRIAL PREPARATION AND EVIDENCE (TRIAL II)

OUTCOMES

At the end of the lesson students would be able to:

1. Explain and discuss the burden and standard of proof, basis for admissibility of evidence in criminal trials, competence and compellability of witnesses

2. Develop a case theory/trial plan

3. Explain the types, issue and use of subpoena and witness summons

4. Prepare witnesses for trial

5. Prepare and deliver an opening address

CONTENTS

1. Rules of evidence as to burden and standard of proof, admissibility of evidence, competence and compellability of witnesses

2. How to develop case theory/trial plan

3. Types, issue and use of subpoena and witness summons

4. Preparation of witnesses for trial

5. Contents of opening address and delivery

INSTRUCTIONS:

1. Students are expected to read the topic in advance and come to class with the relevant statutes-Administration of Criminal Justice Law 2011; Administration of Criminal Justice Act 2015, Criminal Procedure Law; Criminal Procedure Code Law, Evidence Act and any other relevant statute.

2. All students are to prepare the task on individual basis and on group basis.

3. Presentations shall be by Power point except the Role play but the hard copy of the source of their presentation must be submitted.

4. Any student may be called to make the presentation on behalf of the group or on individual basis.

5. The soft copies of the group work must reach the lecturers on or before Sunday 24th February 2019 by 7:00pm.

6. The group work may be prepared in Microsoft Word where necessary.

TASK/ASSIGNMENT

USING THE IDUMODUN SCENARIO BELOW:

1. GROUP 10 to identify the theory of the case and discuss the admissibility of computer generated/ scientific evidence in criminal trials.

2. Group 6 to prepare a trial plan for the prosecution of the case.

3. Group 7 to prepare a trial plan as counsel for the Defense.

4. Group 8 to prepare a composite trial plan showing the prosecution and the Defense case.

5. Group 2 to role play interview of two (2) possible witnesses for the prosecution.

6. Group 3 to role play interview of two (2) possible witnesses for the Defense.

7. Group 4 to role play opening address for the Prosecution.

8. Group 5 to role play opening address for the Defense.

9. Group 9 to discuss competence and compellability of Idumodun Ayaba, Idorotimi Kamula and Banganza Kure to give evidence on their own behalf and against a co- accused.

10. Group 1 to discuss the burden and standard of proof in criminal trials, the types and issue of subpoena and witness summons.

IDUMODUN SCENARIO

Idumodun Ayaba, Idorotimi Kamula and Banganza Kure are very close friend as a result of being in the 2012 law graduate class of Brighter Hope University Victoria Island, Lagos. They were all leaders of Vipers Gang a notorious cult group on campus. Five years after graduation, they were unable to secure employment in any leading law firm. They thereafter resolved not to continue to remain a liability to their parents anymore and agreed to form a gang specializing in kidnapping.

On 07 July, 2018 the gang took off from Jibowu, Lagos enroute Abuja, and at the Lokoja-Abuja Highway immediately after Gwagwalada, Abuja they waylaid and kidnapped a top Government official Musiliu Banza and took him to their hideout

located at the Lagos-Ibadan expressway Ogun State. During the kidnapping Idumodun Ayaba shot and killed Mr Bony Toure the driver of Musiliu Banza. Five minutes after the kidnapping (musiliu Banza was blind folded and the gang forcefully took his ATM card belonging to Omega Bank Plc and forced him to disclose the secret Pin and they withdrew the sum of N200,000 daily which amounted to N1,000,000.00 within five days from ATM machine. The gang contacted Mrs Kalikuma Banza, wife of Musiliu Banza after five days and demanded a ransom of N100,000,000.00 to be paid within four days having seen an award of contract letter of N600,000,000.00 by NNPC to his Company. Negotiation ensued between Okota Okota the representatives of Musiliu Banza and the gang. They finally resolved that N50,000,000.00 will be paid which was eventually paid and Musiliu Banza was released by his captors in Bayelsa State.

After his release, he reported the matter to the Force Headquarters Abuja. A man hunt was called for the arrest of the members of the gang throughout the country based on the description he gave to the Police. In addition, N1,000,000.00 (One Million Naira)was to be paid as compensation to anyone who will give useful information that will lead to the arrest of the gang members.

Idumodun Ayaba has been having a running battle with his girlfriend Telma Fanky as a result of his frolicking with other girls during the February 14 2018 Valentine. She noticed that over the past two month that his affection for her has waned drastically to the extent that he forgot to celebrate her birthday on 14 th February 2018. Whilst listening to the 10.00pm BleuNet Television news on 16 August, 2018 she heard of the N1,000,000.00 offer and started thinking about the offer knowing full well that Idumodun Ayaba was about ditching her. She was certain that he is the leader of the kidnapping gang. She decided to turn him over to the Police because according to her their relationship was over since she has failed to tame her urge for younger girls.

She secretly informed the Police and subsequently Idumodun Ayaba was arrested. After three days of questioning in the Nigerian way he confessed to being a party to the offence and gave information which led to the arrest of the other two members of the gang. Upon the arrest of the other two members of the gang, they denied the commission of the offence and made separate statements at the Police station to the effect that they were attending traditional marriage of their friends at Owerri and Awka respectively on the date of the commission of the alleged offence. Musiliu Banza was called to the station and he identified the three gang members as those who kidnapped him.

They have now been arraigned at the Ikeja High Court, Lagos. At their arraignment, Idumodun Ayaba, Idorotimi Kamula while in the dock was both on leg and hand cuffs because they both attacked an inmate at their detention centre the night before the arraignment date. When the charge was read and explained to the defendants Idumodun Ayaba refused to plead and the trial court entered a plea of not guilty for

him immediately and called on Idorotimi Kamula to plea, but he kept mute. The trial court also entered a plea of not guilty for him immediately and proceeded to take the plea of the third defendant. Banganza Kure on his part through his counsel raised a preliminary objection to a defect in the charge being bad for ambiguity as the name of his client was not properly written and also bad for duplicity. He also raised an objection to the jurisdiction of the court to try him on the ground that the act occurred in Abuja. The judge shouted him down and directed him to take his plea while refusing to take his objection. He thereafter pleaded guilty.

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION WEEK 15- TRIAL 3 – MONDAY 4TH FEBRUARY, 2019

SCHEDULE AND TASKS

TOPIC: EXAMINATION OF WITNESSES- CASE FOR THE PROSECUTION

OUTCOMES

At the end of the lesson students would be able to:

1. Explain what examination in chief, cross examination and re-examination mean and the purpose they serve in criminal proceedings

2. Examine a witness in chief, cross examine a witness and re- examine a witness.

3. Identify questions that are objectionable in examination in chief.

4. Explain the admissibility of documentary evidence in criminal trials – confessional statements, expert evidence and police report.

5. Explain the admissibility of hearsay evidence

6. Explain the procedure for refreshing the memory of a witness and dealing with a hostile witness.

7. Identify the limits of the judge’s power to put questions to a witness.

8. Identify and explain the ethical issues in examination of witnesses.

CONTENTS

1. What is examination in chief?

2. What is cross examination?

3. What is re-examination?

4. What purposes do examinations serve in a trial?

5. What questions are not allowed in examination- in -chief?

6. Admissibility of documentary evidence such as confessional statements, expert evidence, police report etc.

7. Admissibility of hearsay evidence.

8. Procedure for refreshing memory and dealing with a hostile witness.

9. What are the powers of a judge or magistrate to put questions to witnesses?

10. Ethical issues in Examination of witnesses

NOTE: Students are expected to read the topic in advance and make copious references to the Criminal Procedure Laws of the various states, Criminal Procedure Code Laws of the various states, ACJL, Lagos, 2011, the ACJA, 2015, the Criminal Code, Penal Code, the Constitution and Evidence Act 2011.

GROUP TASKS & ASSIGNMENTS

Using the Scenario below each Group and individuals should prepare the Tasks as any student may be called to make presentation. All presentation is by power point and role play in certain circumstances in Court session.

1. Group 1 as prosecution should prepare two witnesses and be ready to examine them in chief with six salient questions respectively.

2. Group 2 as defence should prepare 6 questions with which to Cross examine each of the witnesses NOTE: Group 1 must serve the written testimony of each of their witnesses on Group 2 on or before Saturday evening (4:00pm) to enable them prepare their Cross examination questions.

3. Group 3 As prosecuting counsel prepare testimony of a hand writing expert to establish that the persons withdrawing money from the ATM were actually the accused persons. Prepare to examine him in chief with five questions only.

4. Group 4 Prepare four questions with which to cross examine and discredit the expert evidence. Group 3 must serve the written testimony of their expert witness on Group 4 on or before Saturday evening latest 4:00pm to enable them prepare their cross examination questions.

5. Group 5 Assuming Telma Fanky, girlfriend of Idumodun Ayaba is called as a witness for the Prosecution, discuss what type of evidence she will give and whether it is admissible in criminal trials

6. Group 6 Discuss and prepare how you will lay a foundation for tendering the Confessional statement of Idumodun Ayaba through the Investigation Police officer (IPO). Be ready to role play this in class.

7. Group 7 prepare and discuss power of the judge or magistrate to put questions to witnesses, call or recall witnesses and limits of such power.

8. Group 8 prepare and discuss the purposes of re-examinations in trials and ethical issues guiding examination of witnesses.

9. Group 9 assuming a witness you called in support of your case suddenly turned hostile prepare how you would handle such a witness.

10. Group 10 Enumerate ways by which you can help your witness refresh his memory.

NOTE: All groups are to submit soft copies of their work online by 7p.m Sunday evening and hard copies by 9.00 am Monday morning in class.

Additional Tasks for Groups and Individuals

Answer the following questions supporting them with relevant authorities;

1. What are open question and the use of it in examination of witnesses? Give four examples of such questions.

2. What is a closed question? When do you use it in examinations? Give four examples.

3. What are objectionable questions? State them.4. What is refreshing memory in examination of witnesses? As counsel how do

you do this?5. Who is a hostile witness? As a counsel how do you treat a hostile witness? 6. Assuming you intend to tender the gun used to kill Mr Bony Toure the driver

of Musiliu Banza, lay proper foundation in not more than 5 five questions you will ask the witness to enable you tender it.

IDUMODUN SCENARIO

Idumodun Ayaba, Idorotimi Kamula and Banganza Kure are very close friend as a result of being in the 2012 law graduate class of Brighter Hope University Victoria Island, Lagos. They were all leaders of Vipers Gang a notorious cult group on campus. Five years after graduation, they were unable to secure employment in any leading law firm. They thereafter resolved not to continue to remain a liability to their parents anymore and agreed to form a gang specializing in kidnapping.

On 07 July, 2018 the gang took off from Jibowu, Lagos enroute Abuja, and at the Lokoja-Abuja Highway immediately after Gwagwalada, Abuja they waylaid and kidnapped a top Government official Musiliu Banza and took him to their hideout located at the Lagos-Ibadan expressway Ogun State. During the kidnapping Idumodun Ayaba shot and killed Mr Bony Toure the driver of Musiliu Banza. Five minutes after the kidnapping (musiliu Banza was blind folded and the gang forcefully took his ATM card belonging to Omega Bank Plc and forced him to disclose the secret Pin and they withdrew the sum of

N200,000 daily which amounted to N1,000,000.00 within five days from ATM machine. The gang contacted Mrs Kalikuma Banza, wife of Musiliu Banza after five days and demanded a ransom of N100,000,000.00 to be paid within four days having seen an award of contract letter of N600,000,000.00 by NNPC to his Company. Negotiation ensued between Okota Okota the representatives of Musiliu Banza and the gang. They finally resolved that N50,000,000.00 will be paid which was eventually paid and Musiliu Banza was released by his captors in Bayelsa State.

After his release, he reported the matter to the Force Headquarters Abuja. A man hunt was called for the arrest of the members of the gang throughout the country based on the description he gave to the Police. In addition, N1,000,000.00 (One Million Naira)was to be paid as compensation to anyone who will give useful information that will lead to the arrest of the gang members.

Idumodun Ayaba has been having a running battle with his girlfriend Telma Fanky as a result of his frolicking with other girls during the February 14 2018 Valentine. She noticed that over the past two month that his affection for her has waned drastically to the extent that he forgot to celebrate her birthday on 14 th February 2018. Whilst listening to the 10.00pm BleuNet Television news on 16 August, 2018 she heard of the N1,000,000.00 offer and started thinking about the offer knowing full well that Idumodun Ayaba was about ditching her. She was certain that he is the leader of the kidnapping gang. She decided to turn him over to the Police because according to her their relationship was over since she has failed to tame her urge for younger girls.

She secretly informed the Police and subsequently Idumodun Ayaba was arrested. After three days of questioning in the Nigerian way he confessed to being a party to the offence and gave information which led to the arrest of the other two members of the gang. Upon the arrest of the other two members of the gang, they denied the commission of the offence and made separate statements at the Police station to the effect that they were attending traditional marriage of their friends at Owerri and Awka respectively on the date of the commission of the alleged offence. Musiliu Banza was called to the station and he identified the three gang members as those who kidnapped him.

They have now been arraigned at the Ikeja High Court, Lagos. At their arraignment, Idumodun Ayaba, Idorotimi Kamula while in the dock was both on leg and hand cuffs because they both attacked an inmate at their detention centre the night before the arraignment date. When the charge was read and explained to the defendants Idumodun Ayaba refused to plead and the trial court entered a plea of not guilty for him immediately and called on Idorotimi Kamula to plea, but he kept mute. The trial court also entered a plea of not guilty for him immediately and proceeded to take the plea of the third defendant. Banganza Kure on his part through his counsel raised a preliminary objection to a defect in the charge being bad for ambiguity as the name of his client was not properly written and also bad for duplicity. He also raised an

objection to the jurisdiction of the court to try him on the ground that the act occurred in Abuja. The judge shouted him down and directed him to take his plea while refusing to take his objection. He thereafter pleaded guilty.

STUDY MATERIALS AND TEXT BOOKS

1. J.A Agaba; Practical Approach to Criminal Litigation in Nigeria, Revised 3 rd

Edition 2017

2. Y.D.U Hambali: Practice and Procedure of Criminal Litigation in Nigeria, 2 nd

Ed. 2018.

3. A.F Afolayan: Criminal Litigation in Nigeria 3rd Edition 2016

4. B. Osamor: Fundamental of Criminal Procedure in Nigeria, Dee – Sage Nig. Ltd.,2004.

5. O. A. Onadeko: The Nigerian Criminal Trial Procedure, Lennon Nig. Ltd., 1998.

6. Oluwatoyin Doherty: Criminal Procedure in Nigeria, Blackstone, 1990.

7. Frank Agbedo: Rights of Suspects and Accused Persons under Nigerian Criminal Law

8. Valentine B. Ashi: Basic Skills in Trial Advocacy

9. Olusesan O. Orimogunje: Law Of Evidence in Civil and Criminal Litigation in Nigeria

Electronic Handbook – Chapter Ten

STATUTES/LAWS

1. Constitution of the Federal Republic of Nigeria, 1999(as amended): Section 36 (6)(d)

2. Evidence Act 2011.

3. Criminal Procedure Law: Sections 199, 200

4. Criminal Procedure Code: Sections 121 (1), 122 (1), 144, 237, 250

5. Administration of Criminal Justice Act ( ACJA) 2015

6. Administration of Criminal Justice Law (ACJL) Lagos State 2011; Sections: 196, 197.

7. Criminal Procedure Laws& Criminal Procedure Code Laws of Various States.

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION SCHEDULE &TASKS -WEEK 16

MONDAY 11TH MARCH 2019

TOPIC: TRIAL 4- PRESENTATION OF THE CASE FOR THE DEFENCE

LEARNING OUTCOMES

At the end of the lesson students would be able to:

1. Explain the options available to the accused at the close of the case for the prosecution

2. Make a submission of no case to answer.3. Explain the concept of the accused resting his case on that of the prosecution4. Make an opening address for the defence.5. Explain the Ex improviso rule – i.e when prosecution may be allowed to call

evidence in rebuttal of evidence of the defence.6. Explain the purpose and procedure for a visit to the locus in quo 7. Make concluding /final addresses for the parties.8. Identify and explain Ethical Issues safeguarding trial for the defence.

CONTENTS

1. What are the options available to a Defendant/ Accused person at the close of the case for the prosecution?

2. What is no case submission and when may it be made?

3. When a no case submission is overruled, what other options are available to the Defendant/accused?

4. The accused resting his case on that of the prosecution

5. Opening address for the defence.

6. Procedure for visit to the locus in quo.

7. Application of the ex improviso rule

8. Final addresses for the parties.

9. Ethical issues in criminal defence trial

NOTE:

A. Students are expected to read the topic in advance paying particular attention to the Criminal Procedure Laws of the various states, Criminal Procedure Code Laws of the various states, ACJL Lagos 2011, the ACJA 2015, the Criminal Code, Penal Code, the 1999 Constitution and Evidence Act 2011.

B. The soft copies of each groups work must be sent to the lecturers not later than 7:00pm on Sunday 10th March 2019 whilst the hard copies are to be placed on the groups file by 9:00am Monday 11th March 2019.

C. Presentations are by power point except those for role plays.D. Attendance must be taken at group discussions and preparation.

E. Using the scenario given below groups and individuals should do the following assignments;

GROUPS ASSIGNMENTS & TASKS

1. Group 1 as defence counsel to Idumodun Ayaba, Group 2 as defence counsel to Idorotimi Kamula and group 3 as defence counsel to Bangaza Kure prepare to make a submission of no case to answer for all the Defendants. (each of these groups to provide the defendants) Group 4 as prosecution counsel in the case prepare to oppose the submission. Group 1-3 should serve their written submission on Group 1 on or before Saturday 9 th March 2019 to enable them prepare their reply.

2. Group 5 assuming the no case submission was overruled, as a defence counsel for Idumodun Ayaba, Group 6 as defence counsel for Idorotimi Kamula and Group 7 as a defence counsel for Bangaza Kure, prepare their opening address and be ready to present it in court/class.

3. Group 1 as the defence counsel to Idunmodu Ayaba, Group 2 as defence counsel to Idorotimi Kamula and group 3 as defence counsel to Bangaza Kure prepare to lead them in examination-in-chief. Group 4 as prosecution, prepare ten salient questions with which to cross-examine each of them.

4. Group 8 acting as counsel to Idunmodu Ayaba, Idorotimi Kamula and Bangaza Kure prepare and present Resting their case on that of the prosecution. Prepare to present it in class/Court. You will also discuss its implications if any.

5. Group 6 as Defence to prepare Final addresses for the defence and Group 7 as prosecution to prepare their reply and be ready to adopt them in class. They must exchange written addresses on or before Saturday 9th March 2019.

6. Group 9 together with all other groups- Assuming the court intends to conduct a visit to the locus-in-quo upon your request as the defence, discuss the methods the court can adopt and the consequences of each of the methods. Support your discourse with relevant authorities.

7. Group 10 together with all other groups- As defence counsel discuss the options open to the defendants at the close of the Prosecution’s case. Assuming a no case submission is overruled what other options may they take? Assuming they intend to enter their defence, what options are open to them in their defence and the implications of each option; Discuss the Ex-improviso rule and its implication in criminal trials; Mention and discuss the ethical duties of a defence counsel in criminal proceedings?

IDUMODUN SCENARIO

Idumodun Ayaba, Idorotimi Kamula and Banganza Kure are very close friend as a result of being in the 2012 law graduate class of Brighter Hope University Victoria Island, Lagos. They were all leaders of Vipers Gang a notorious cult group on campus. Five years after graduation, they were unable to secure employment in any leading law firm. They thereafter resolved not to continue to remain a liability to their parents anymore and agreed to form a gang specializing in kidnapping.

On 07 July, 2018 the gang took off from Jibowu, Lagos enroute Abuja, and at the Lokoja-Abuja Highway immediately after Gwagwalada, Abuja they waylaid and kidnapped a top Government official Musiliu Banza and took him to their hideout located at the Lagos-Ibadan expressway Ogun State. During the kidnapping Idumodun Ayaba shot and killed Mr Bony Toure the driver of Musiliu Banza. Five minutes after the kidnapping (musiliu Banza was blind folded and the gang forcefully took his ATM card belonging to Omega Bank Plc and forced him to disclose the secret Pin and they withdrew the sum of N200,000 daily which amounted to N1,000,000.00 within five days from ATM machine. The gang contacted Mrs Kalikuma Banza, wife of Musiliu Banza after five days and demanded a ransom of N100,000,000.00 to be paid within four days having seen an award of contract letter of N600,000,000.00 by NNPC to his Company. Negotiation ensued between Okota Okota the representatives of Musiliu Banza and the gang. They finally resolved that N50,000,000.00 will be paid which was eventually paid and Musiliu Banza was released by his captors in Bayelsa State.

After his release, he reported the matter to the Force Headquarters Abuja. A man hunt was called for the arrest of the members of the gang throughout the country based on the description he gave to the Police. In addition, N1,000,000.00 (One Million Naira)was to be paid as compensation to anyone who will give useful information that will lead to the arrest of the gang members.

Idumodun Ayaba has been having a running battle with his girlfriend Telma Fanky as a result of his frolicking with other girls during the February 14 2018 Valentine. She noticed that over the past two month that his affection for her has waned drastically to the extent that he forgot to celebrate her birthday on 14 th February 2018. Whilst listening to the 10.00pm BleuNet Television news on 16 August, 2018 she heard of the N1,000,000.00 offer and started thinking about the offer knowing full well that

Idumodun Ayaba was about ditching her. She was certain that he is the leader of the kidnapping gang. She decided to turn him over to the Police because according to her their relationship was over since she has failed to tame her urge for younger girls.

She secretly informed the Police and subsequently Idumodun Ayaba was arrested. After three days of questioning in the Nigerian way he confessed to being a party to the offence and gave information which led to the arrest of the other two members of the gang. Upon the arrest of the other two members of the gang, they denied the commission of the offence and made separate statements at the Police station to the effect that they were attending traditional marriage of their friends at Owerri and Awka respectively on the date of the commission of the alleged offence. Musiliu Banza was called to the station and he identified the three gang members as those who kidnapped him.

They have now been arraigned at the Ikeja High Court, Lagos. At their arraignment, Idumodun Ayaba, Idorotimi Kamula while in the dock was both on leg and hand cuffs because they both attacked an inmate at their detention centre the night before the arraignment date. When the charge was read and explained to the defendants Idumodun Ayaba refused to plead and the trial court entered a plea of not guilty for him immediately and called on Idorotimi Kamula to plea, but he kept mute. The trial court also entered a plea of not guilty for him immediately and proceeded to take the plea of the third defendant. Banganza Kure on his part through his counsel raised a preliminary objection to a defect in the charge being bad for ambiguity as the name of his client was not properly written and also bad for duplicity. He also raised an objection to the jurisdiction of the court to try him on the ground that the act occurred in Abuja. The judge shouted him down and directed him to take his plea while refusing to take his objection. He thereafter pleaded guilty.

STUDY MATERIALS

a) E –Handbook Chapter 10 or the hard copyb) Relevant Texts . 1. J.A Agaba; Practical Approach to Criminal Litigation in Nigeria, 3 rd Edition

20172. Y.D.U Hambali: Practice &Procedure of Criminal Litigation in Nigeria, 2018.3. A.F Afolayan: Criminal Litigation in Nigeria 3 rd Edition, 2016 4. B.O Osamor: Fundamental of Criminal Procedure in Nigeria, Dee – Sage Nig.

Ltd.,2004. 5. O. A. Onadeko: The Nigerian Criminal Trial Procedure, Lennon Nig. Ltd.

1998.6. O. Doherty, Criminal Procedure in Nigeria, Blackstone, 1990.7. Frank Agbedo: Rights of Suspects and Accused Persons under Nigerian

Criminal Law8. Valentine B. Ashi: Basic Skills in Trial Advocacy

9. Olusesan O. Orimogunje: Law Of Evidence in Civil and Criminal Litigation in Nigeria

c) STATUTES

Administration of Criminal Justice Law (ACJL) 2011 Lagos State;

Administration of Criminal Justice Act (ACJA) 2015

Criminal Procedure Act (CPA)/CPL various states

Criminal Procedure Code (CPC) /CPCL various states.

Evidence Act 2011.

Constitution of the Federal Republic of Nigeria (CFRN) 1999.

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

CRIMINAL LITIGATION WEEKS 17 AND 18, MARCH 18, 2019

TOPIC: JUDGMENT AND SENTENCING

LESSON OUTCOMES:At the end of this lesson students would be able to:

1. Identify the contents and form of a valid judgment and the effects of failure to comply with S. 245 CPL; S.269 CPCL; S.275 ACJL & S. 308 ACJA respectively.

2. Identify the time limit within which judgment shall be delivered and the constitutional implication of failure to do so within time.

3. Explain the time and procedure for making an allocutus.4. Identify the power of the court to take other offences into consideration before

passing sentence and the power to convict for an offence not expressly charged.

5. Identify the various types of punishments including the mandatory sentence for capital offences (death penalty) and the form of pronouncing such sentences.

6. Explain the effect of failure to comply with the form of pronouncing the death sentence as well as the exceptions to the death penalty.

7. Explain the procedure for prerogative of mercy8. Identify the attractions of restorative justice.

CONTENTS: 1. Contents of a valid judgment and effect of failure to comply with the provisions

of S. 245 CPL; S.269 CPCL;S.275 ACJL & S. 308 ACJA respectively2. Time limit within which to deliver judgment and failure to deliver judgment

within the time set by the constitution.

3. Conviction and allocutus.4. The power of a trial court to take other offences into consideration and the

power to convict an accused for an offence with which he/she was not expressly charged.

5. Sentencing alternatives including the death sentence and prerogative of mercy.

6. Mode of pronouncing the death sentence and effect of non-compliance.7. Restorative Justice.

ACTIVITIES:

Students are expected to read the topic in advance paying particular attention to the statutes, cases and materials provided on the subject. Students are to individually prepare the assignment on topics listed against their groups below and be ready to present them in class through PowerPoint.

Note that all students must research on all the assignments and relate their work to the Rampam Alechenu scenario given below where necessary. All presentations must be on power point (except groups 1, 2, 6 & 7 who will submit in Microsoft word) and electronic copies to be sent for the assignment on Judgment and sentencing latest Sunday 17 th March 2019 by 7.00pm .

The hard copies of the assignment must be in the group’s file by 9.00am Monday, 18th March, 2019.

ASSIGNMENTS:

1. Using the scenario below ALL GROUPS should identify and discuss the contents of a valid judgment generally and identify the one not represented or missing in the trial courts judgment.

2. Using the scenario below, Group 3 should consider the effect of non-delivery of the judgment within the constitutional time prescribed by law on the accused persons.

3. Using the scenario below, Group 4 should discuss Allocutus, make a detailed and comprehensive ALLOCUTUS argument for the two accused persons before the court. The Group should also assign some counsel in the group to act as prosecuting Counsel to rebut the allocutus in court.

4. Using the scenario below, Group 5 should discuss and consider the justification for the conviction of the first accused person for conspiracy being an offence of which he was not charged but a lesser offence and the sentence imposed.

5. Group 8 should discuss the power of a court to take other offences into consideration when convicting an accused person and the circumstances

under which this power may be exercised and to further discuss Haddi Lashing as a form of punishment and sentence of imprisonment generally.

6. Using the scenario below, Group 9 should comment on the justification or otherwise of the imposition of death sentence by firing squad and canning pronounced on the second accused person by the trial judge. The Group will in addition consider the sentence of an accused to the payment of fine as punishment.

7. Groups 6 & 7 to debate the need or otherwise for the death sentence as punishment in Nigerian Criminal Justice System. Group 6 for death penalty while Group 7 is against.

8. Group 10 to discuss the procedure the court will follow after the sentence of death has been pronounced on a convicted person and on a pregnant woman, the mode of pronouncing the death sentence and effect of non-compliance with the mode as well as prerogative of mercy.

9. Group’s 1 & 2 to debate the theory of Restorative justice and Retributive justice. Group 1 for Restorative Justice while Group 2 is for Retributive Justice.

RAMPAM ALECHENU SCENARIO

THE STATE - COMPLAINANT VS 1. RAMPAM ALECHENU} 2. MUSA UGOCHUKWU } - ACCUSED Background Story

Rampam Alechenu, Musa Ugochukwu and Igho Adetokunboh are OND 1 students of the DORBEN Polytechnic, Bwari. They jointly paid for and occupied a one bedroom flat at the One Love Housing Estate along Nigerian Law School Road, Bwari. On 20th march, 2007, Hon Justice Silas Adetokunboh of the Lagos division of the Court of Appeal decided to visit his son Igho at the estate after the law dinner at the Nigerian Law School Headquarters, Bwari. He was informed that Igho left the quarters a month previously and had not returned.

The matter was reported at the Bwari Divisional Police Headquarters consequent upon which Rampam Alechenu and Musa Ugochukwu were arrested. Upon arrest, Rampam Alechenu informed the police that at all times material to the case, he was away attending a workshop in Lagos. Musa Ugochukwu on his part claimed he knew nothing about the sudden disappearance of Igho but that a few days before his disappearance, Igho and his girlfriend, Ego Ikpotu were discussing about travelling to Canada. Ego is now in Canada but nothing is heard from her concerning Igho.

Rampam and Musa have been charged and have been standing trial for the murder of Igho.

The only evidence against the accused persons was the unexplained absence of Igho. The prosecution called 25 witnesses all of whom testified that the trio were together on 20thFebruary, 2007, the day Igho was last seen. A submission of no case to answer was made on behalf of the accused persons at the close of the case for the prosecution which the Trial Judge dismissed without much ado. Rampam entered upon his defence and called 45 witnesses all as to his good character alone. Musa on his part, refused to give evidence. Final addresses were concluded on 12 December 2007 and the judge adjourned to 3oth February 2008 for Judgment. The court did not sit again until 16thJune 2008 when the Learned Trial Judge, Hon. Justice Maza Maza Suuso delivered the considered judgment of the court in the following terms:

Judgment

This is the judgment of this court. But before I go further, may I request counsel to confirm that the name of the 1st accused is Musa Ugochukwu and that 25 witnesses testified for the prosecution while 45 testified for the defence. This inquiry is absolutely necessary because according to my religious faith I must do justice in any case that involves life and death. May I also mention that the judgment of this court could not be delivered as scheduled because of the partial stroke of the left brain which I suffered on 3rdJanuary 2008? I had to take some time to regain my memory. Thank God I am perfectly alright now.

Now back to the judgment of this court. When this case came up for hearing on 10th August 2oo7, the prosecution called 25 witnesses. At the close of the prosecution’s case a no case submission was made on behalf of the 2 accused persons. I rightly overruled the submission because it would amount to insanity to uphold a no case submission where 25 witnesses have testified in a murder case. Let me mention at this stage that I believe the evidence of the prosecution witnesses. After the no case submission was overruled, the 1st accused entered upon his defence and called 45 witnesses who testified as to his impeccable character. Even a Mai gadi without any proper training would believe the testimony of these witnesses because 45 witnesses cannot come to court and lie consistently on one point. I cannot believe any less.

For the avoidance of doubt, I find the case of murder not proved against the 1 st

accused and he is hereby discharged and acquitted. However, under the law, I have powers to convict an accused person for a lesser offence. See Nwachukwu Vs. The State. I hereby convict the 1st accused person for conspiracy.

For the 2nd accused person, the evidence against him is overwhelming. In fact his refusal to testify after his no case submission was overruled is, in law, itself a testimony against him. Let me also mention that his silence was not only rude but

also contemptuous. His counsel identified two issues: one, whether there is evidence that the deceased died. Two, whether there is any evidence linking the accused to the death of the deceased if he ever died. Three, whether my failure to take evidence in long hand or through any other source does not deprive me of the opportunity to have full account of all the evidence led before me. Let me say without any fear of contradiction that I barely stopped short of asking for the call to Bar Certificate of the learned counsel because I cannot believe that a lawyer of over 10 years standing can argue in this manner. But for purposes of setting the records straight let me put the law in perspective. On the 1st issue whether the deceased died, I must say that the law is well settled that if a person is away for a reasonably long period without being heard of by those who should ordinarily hear from him, he is presumed dead. I consider 6 months reasonable time. It is elementary and I cannot waste precious time on this point.

On the 2nd issue whether the 2ndaccused is linked to the murder of the deceased, the position of the law which has been long established is res ipsa loquitor meaning the thing speaks for itself. The fact that the deceased was last seen with accused is conclusive of that fact.

The last issue merits no comment as there is no legal authority requiring me to take note of evidence or to write down a judgment from a common source or at all. What is important is that I can remember all that transpired in my court. On the whole, the 2nd accused person is hereby sentenced to death by firing squad. As a deterrent to other liars, he is also to be given 12 strokes of the cane before execution of the sentence of death.

NIGERIAN LAW SCHOOLLAGOS CAMPUS

CRIMINAL LITIGATION SCHEDULE AND TASKS WEEKS 19 & 20, (APPEALS I & II) MONDAY MARCH 25, 2019.

OUTCOMESAt the end of the lesson students would be able to:

1. Explain the basis of Appeal and appealable decisions.2. Explain the appeal procedure from the magistrate court up to the Supreme

Court.3. Identify the power of a court to hear appeals and a right of a person to appeal

in a criminal matter.4. Explain the effects of the Practice Directions of the Court of Appeal and

Supreme Court on Criminal appeals.5. Draft Notice and Grounds of Appeal6. Prepare and argue an application for bail pending appeal7. Prepare Briefs of Argument.8. Identify the orders the court may make after hearing an appeal.

CONTENTS1. What is an appealable decision and who may appeal against a decision of a

court in a criminal matter?2. How is the appeal process commenced? – Notice and Grounds of Appeal

(this would involve the procedure in each court with appellate jurisdiction)3. Time within which to appeal from the decision of a court and effect of failure to

appeal within time. (Application for leave to appeal out of time may be discussed here).

4. Preliminary Objection.5. Practice Directions in the Court of Appeal and Supreme Court.6. Grounds upon which an appellant may appeal against the decision of a court

as well as the constitution of a Court to hear appeals. (This should be discussed in line with constitutional provisions as well as the laws and rules of the various courts).

7. Bail pending appeal8. Abandonment of appeal, abatement of appeal, additional grounds of appeal

and additional evidence on appeal.9. Hearing of the Appeal. This includes filing of briefs of argument in the Court of

Appeal and the Supreme Court.

INSTRUCTIONSNOTE: Students are expected to read the topic in advance and come to class with copies of the 1999 Constitution, High Court of Lagos (Appeal) Rules, Court of Appeal Rules 2016, Supreme Court Rules, 1999(as amended), Supreme Court (Criminal Appeals) Practice Direction, 2013, Court of Appeal (Fast Track) Practice Directions, 2014.Soft copies of each groups work to be sent to all the lecturers in the Department latest by 7.00pm Sunday 24th March, 2019 while the hard copies to be in the groups file by 9.00am Monday 25th March, 2019 with the attendance list.

ASSIGNMENT AND TASK: ( THE RAMPAM ALECHENU SCENARIO TO BE USED)

1. ALL THE GROUPS TO DISCUSS THE TIME WITHIN WHICH TO APPEAL FROM THE DECISIONS OF MAGISTRATE’S COURT TO HIGH COURT; DECISION OF HIGH COURT TO COURT OF APPEAL; COURT OF APPEAL TO SUPREME COURT.

2. ALL GROUPS WILL ALSO DISCUSS THE MEANING OF AN APPEALLABLE DECISION AND WHO MAY APPEAL.

3. THE GROUPS WILL FURTHER DISCUSS THE ISSUE OF RAISING PRELIMINARY OBJECTION ON APPEAL AND THE TIME AND PROCEDURE TO DO SO.

4. THE GROUPS WILL CONSIDER AND DISCUSS SUPREME COURT (CRIMINAL APPEALS) PRACTICE DIRECTION, 2013, COURT OF APPEAL (FAST TRACK) PRACTICE DIRECTIONS, 2014 AS IT RELATES TO APPEALS AND COMPARE THE DIFFERENCES BETWEEN THEM.

5. WHERE THERE IS CONFLICT BETWEEN RULES OF COURT AND PRACTICE DIRECTIONS, WHICH ONE PREVAILS AND GIVE REASONS?

6. THE GROUPS WILL EXPLAIN THE EFFECTS OF THE PRACTICE DIRECTIONS OF THE COURT OF APPEAL AND SUPREME COURT ON CRIMINAL APPEALS IN THESE COURTS.

7. DISCUSS THE DIFFERENCE IF ANY BETWEEN APPEALS AND JUDICIAL REVIEW.

This Part of the assignment will be assessed on individual basis. Each student is advised to solve this part of the assignment individually and be ready to present same in class when called. The group leaders’ and Assistant Leaders solutions on this part of the task will be sent to the lecturers and be on the group’s file to represent the group work.

1. Using the Rampam Alechenu scenario, draft relevant notice and grounds of appeal.

2. Draft an application for bail pending appeal.3. Discuss the meaning and implication of abandonment of appeal, abatement of

appeal.4. Dicuss the procedure for bringing additional grounds of appeal after the

appeal has been filed and bringing additional evidence on appeal.5. Prepare an acceptable brief of argument based on the grounds of appeal you

have formulated.

NOTE: The Rampam Alechenu Scenario will be used in the discussions and Tasks.

RAMPAM ALECHENU SCENARIOTHE STATE - COMPLAINANTVS1. RAMPAM ALECHENU}2. MUSA UGOCHUKWU} - ACCUSED

Background StoryRampam Alechenu, Musa Ugochukwu and Igho Adetokunboh are OND 1 students of the DORBEN Polytechnic, Bwari. They jointly paid for and occupied a one bedroom flat at the One Love Housing Estate along Nigerian Law School Road, Bwari. On 20th march, 2007, Hon Justice Silas Adetokunboh of the Lagos division of the Court of Appeal decided to visit his son Igho at the estate after the law dinner at the Nigerian Law School Headquarters, Bwari. He was informed that Igho left the quarters a month previously and had not returned.

The matter was reported at the Bwari Divisional Police Headquarters consequent upon which Rampam Alechenu and Musa Ugochukwu were arrested. Upon arrest, Rampam Alechenu informed the police that at all times material to the case, he was away attending a workshop in Lagos. Musa Ugochukwu on his part claimed he knew nothing about the sudden disappearance of Igho but that a few days before his disappearance, Igho and his girlfriend, Ego Ikpotu were discussing about travelling to

Canada. Ego is now in Canada but nothing is heard from her concerning Igho. Rampam and Musa have been charged and have been standing trial for the murder of Igho.The only evidence against the accused persons was the unexplained absence of Igho. The prosecution called 25 witnesses all of whom testified that the trio were together on 20th February, 2007, the day Igho was last seen. A submission of no case to answer was made on behalf of the accused persons at the close of the case for the prosecution which the Trial Judge dismissed without much ado. Rampam entered upon his defence and called 45 witnesses all as to his good character alone. Musa on his part, refused to give evidence. Final addresses were concluded on 12 December 2007 and the judge adjourned to 3oth February 2008 for Judgment. The court did not sit again until 16th June 2008 when the Learned Trial Judge, Hon. Justice Maza Maza Suuso delivered the considered judgment of the court in the following terms:

JudgmentThis is the judgment of this court. But before I go further, may I request counsel to confirm that the name of the 1st accused is Musa Ugochukwu and that 25 witnesses testified for the prosecution while 45 testified for the defence. This inquiry is absolutely necessary because according to my religious faith I must do justice in any case that involves life and death. May I also mention that the judgment of this court could not be delivered as scheduled because of the partial stroke of the left brain which I suffered on 3rd January 2008? I had to take some time to regain my memory. Thank God I am perfectly alright now.

Now back to the judgment of this court. When this case came up for hearing on 10th August 2oo7, the prosecution called 25 witnesses. At the close of the prosecution’s case a no case submission was made on behalf of the 2 accused persons. I rightly overruled the submission because it would amount to insanity to uphold a no case submission where 25 witnesses have testified in a murder case. Let me mention at this stage that I believe the evidence of the prosecution witnesses. After the no case submission was overruled, the 1st accused entered upon his defence and called 45 witnesses who testified as to his impeccable character. Even a Mai gadi without any proper training would believe the testimony of these witnesses because 45 witnesses cannot come to court and lie consistently on one point. I cannot believe any less.

For the avoidance of doubt, I find the case of murder not proved against the 1st accused and he is hereby discharged and acquitted. However, under the law, I have powers to convict an accused person for a lesser offence. See Nwachukwu Vs. The State. I hereby convict the 1st accused person for conspiracy.

For the 2nd accused person, the evidence against him is overwhelming. In fact his refusal to testify after his no case submission was overruled is, in law, itself a testimony against him. Let me also mention that his silence was not only rude but also contemptuous. His counsel identified two issues: one, whether there is evidence that the deceased died. Two, whether there is any evidence linking the accused to the death of the deceased if he ever died. Three, whether my failure to take evidence in long hand or through any other source does not deprive me of the opportunity to have full account of all the evidence led before me.

Let me say without any fear of contradiction that I barely stopped short of asking for the call to Bar Certificate of the learned counsel because I cannot believe that a lawyer of over 10 years standing can argue in this manner. But for purposes of setting the records straight let me put the law in perspective. On the 1st issue whether the deceased died, I must say that the law is well settled that if a person is away for a reasonably long period without being heard of by those who should ordinarily hear from him, he is presumed dead. I consider 6 months reasonable time. It is elementary and I cannot waste precious time on this point. On the 2 nd issue whether the 2nd accused is linked to the murder of the deceased, the position of the law which has been long established is res ipsa loquitor meaning the thing speaks for itself. The fact that the deceased was last seen with accused is conclusive of that fact.

The last issue merits no comment as there is no legal authority requiring me to take note of evidence or to write down a judgment from a common source or at all. What is important is that I can remember all that transpired in my court.

On the whole, the 2nd accused person is hereby sentenced to death by firing squad. As a deterrent to other liars, he is also to be given 12 strokes of the cane before execution of the sentence of death.