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Laws and Rules Applicable to Criminal Courts in Nigeria


1.       Meaning of Criminal Litigation

By criminal litigation, we mean criminal proceedings in a court exercising criminal jurisdiction. Criminal litigation encompasses the whole gamut of the law and procedure ranging from the moment when a criminal complaint is laid before a police officer or any law enforcement agent and continues through arrest, arraignment, trial, conviction and sentence of the person of who is guilty of the crime. It also extends to any possible appeal flowing therefrom.

2.       Laws Applicable to Criminal Courts in Nigeria

The Laws applicable to criminal courts in Nigeria include:

a.   Criminal Procedure Act (CPA) and Criminal Procedure Laws of the Various States.

The Criminal Procedure Act (CPA) was enacted in 1945 as Cap 43, Laws of the Federation of Nigeria, 1958 and later re-enacted as Cap 80, Laws of the Federation of Nigeria, 1990. However, it is now Cap 41, Laws of the Federation of Nigeria 2004.

Initially, the Criminal Procedure Act (CPA) had general application throughout Nigeria. However, from 1963, its application was restricted to the High Courts and Magistrates’ Courts in states making up the then Southern Region; now comprising – Abia, Akwa Ibom, Ebonyi, Delta, Edo, Ekiti, Ondo, Oyo, Ogun, Osun, Enugu, Rivers, Imo and Bayelsa. Lagos State is the only exception given the application of the Administration of Criminal Justice Law 2011. The applicable states have re-enacted the provisions of the Criminal Procedure Act (CPA) as Criminal Procedure Laws of the Various States.

Additionally, by virtue of section 33 of the Federal High Court Act, Cap 134, Laws of the Federation of Nigeria 1990, the Criminal Procedure Act (CPA) also applies to the proceedings of the Federal High Court. Also, the Criminal Procedure Act (CPA) is applicable to the proceedings of a Military Court Marshal.

b.   Criminal Procedure Code (CPC) and Criminal Procedure Code Laws of the Various States.

The Criminal Procedure Code (CPC) was enacted by the Northern Regional Government in 1963 as Cap 30, Laws of Northern Nigeria, 1963 to govern criminal proceedings in the Northern region of Nigeria, now consisting of the following states: Adamawa, Bauchi, Benue, Bornu, Gombe, Jigawa, Kaduna, Kano, Kastina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe and Zamfara. The provisions of the Criminal Procedure Code (CPC) have been re-enacted by the affected states as Criminal Procedure Code Laws of the Various States.

c.   Criminal Procedure Code Act Cap 491, Laws of the Federation of Nigeria 1990.

This is the law that governs criminal proceedings in the Federal Capital Territory, Abuja. It is called an Act because it is the National Assembly that made it. Indeed, it is the National Assembly that legislates for the Federal Capital Territory, Abuja. This is by virtue of the Federal Capital Territory (Applicable Laws) Decree No 12, 1984.

d.  Administration of Criminal Justice Act 2015.

By virtue of section 2 of the Administration of Criminal Justice Act 2015, the provisions of the Act shall apply, to criminal trials for offences established by an Act of the National Assembly and other offences punishable, in the Federal Capital Territory, Abuja. However, by section 86 of the Act, the provisions of Part 8 to 30 the Act shall apply to all criminal trials and proceedings unless express provision is made in respect of any particular court or form of trial or proceeding. The provisions of the Act do not apply to a Court Martial.

e.  Administration of Criminal Justice Law 2011.

This is the principal enactment that governs criminal proceedings in Lagos State. It is applicable to High Courts and Magistrates’ Courts in Lagos State.

f.  Constitution of the Federal Republic of Nigeria, 1999 (as variously amended by the First, Second & Third Alteration Acts).

The Constitution has various provisions on criminal procedure. This ranges from the provisions on rights of an accused person to jurisdiction of criminal courts as well as appeal in criminal cases. Some provisions of the constitution crucial to criminal proceedings are:

i.         Supremacy Clause               -     section 1(1) & (3)
ii.        Right to Fair Hearing           -     section 36
iii.       Nolle Prosequi                    -     sections 174(1) & 211(1)
iv.       Prerogative of Mercy           -     sections 175(1) & 212(1)
v.        Jurisdiction of Criminal Courts -     Chapter VII

The provisions of the Constitution are supplemented by the various court laws. These include:

i.             Supreme Court Act
ii.           Court of Appeal Act
iii.          High Court Laws
iv.          Magistrate Court Laws
v.            Area Court Laws
vi.          Customary Court Laws
vii.        Sharia Court Laws


g.   Criminal Code Act Cap C 38 Laws of the Federation 2004 and Criminal Code Laws of the Southern States

This is the principal enactments on substantive law of crime in Southern Nigeria. The Criminal Code Act Cap C 38 Laws of the Federation 2004 and Criminal Code Laws of the Southern States law are applicable principally and exclusively to the southern Nigeria. These laws set out what constitutes a particular offence, what to prove, when it must be proved, and the number of witnesses in some cases as well as the court with jurisdiction to try a particular offence. They also set the punishment that goes with each offence as well as mitigating factors, such as where the convict is a first time offender.

h.   Penal Code Act and Penal Code Law of the Northern States

These apply like the Criminal Code Act and Criminal Code Laws in the Northern part of Nigeria.

i.     Penal Code Act of the Federal Capital Territory, Abuja.

This equally applies mutatis mutandis to the Federal Capital Territory, Abuja.

j.    Evidence Act 2011.

The Evidence Act 2011 contains rules of evidence that applies in criminal proceedings before courts in Nigeria.

k.   Code of Conduct Bureau and Tribunal Act Cap C 23 Laws of the Federation of Nigeria 2004.

This law provides for the establishment of the Code of Conduct Bureau and Tribunal to deal with complaints of corruption by public servants for the breaches of its provisions.


l.     Economic and Financial Crimes Commission (Establishment) Act, 2004

This Act provides for the establishment of the Economic and Financial Crimes Commission charged with the responsibility for the enforcement of all economic and financial crimes laws, among other things. By section 19 thereof, the Federal High Court or High Court of a state or the Federal Capital Territory has jurisdiction to try offenders under this Act.

m.  Independent Corrupt Practices and Other Related Offences Act 2000

This Act prohibits corrupt practices and other related offences and prescribes punishment for same.

n.  Advance Fee Fraud and other Fraud Related Offences Act Cap A6 2006

This is an Act to prohibit and punish certain offences pertaining to Advance Fee Fraud and other fraud related offences and to repeal other Acts related therewith.

o.  Dishonoured Cheque Offence Act Vol.5, Cap D11, Laws of the Federation of Nigeria, 2004

This is an anti-corruption law in Nigeria.

p.   Recovery of Public Property (Special Provisions) Act

This is an Act to make provisions for the Investigation of the Assets of any Public Officer who is alleged to have been engaged in corrupt practices, unjust enrichment of himself or any other person who has abused his office or has in any way breached the Code of Conduct for Public Officers contained in the Constitution of the Federal Republic of Nigeria.

q.  Police Act Cap P 19 Laws of the Federation of Nigeria 2004

This Act makes provision for the organisation, discipline, powers and duties of the police, the special constabulary and the traffic wardens.

r.  Firearms Act Cap F28 Laws of the Federation of Nigeria 2004

This is an Act to make provision for regulating the possession of and dealing in firearms and ammunition including muzzle-loading firearms, and for matters ancillary thereto. This law creates offences.

s.  Robbery and Firearms (Special Provisions) Act Cap. R11 Laws of the Federation of Nigeria 2004.

This Act makes comprehensive provisions for matters relating to armed robbery.

t.  Public Order Act (Cap P42) Laws of the Federation of Nigeria, 2004

This is an Act that repeals all public order laws in the States of the Federation and replaces them with a Federal Act for the purpose of maintaining public order and to prohibit the formation of quasi-military organisations, as well as regulate the use of uniforms and other matters ancillary thereto.

u.  Terrorism (Prevention) Act No. 10, 2011 and Terrorism (Prevention) (Amendment) Act, 2013

This is an Act to make provisions for and about offences relating to conduct carried out or purposes connected with terrorism. By section 32 of the Terrorism (Prevention) Act No. 10 2011, the Federal High Court shall have the sole jurisdiction to try an offence and impose the penalties specified in the Act.

v.  Money Laundering (Prohibition) Act 2011 and Money Laundering (Prohibition) (Amendment) Act 2012.

The Money Laundering (Prohibition) Act 2011 makes comprehensive provisions to prohibit the financing of terrorism, the laundering of the proceeds of a crime, or an illegal act; and provides appropriate penalties and expands the scope of supervisory and regulatory authorities so as to address the challenges faced in the implementation of the anti-money laundering regime in Nigeria.

w. Cyber Crimes (Prohibition and Prevention) Act

The Act provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria. This act also ensures the protection of critical national Information infrastructure, and Promotes cyber security and the protection of computer systems and networks, electronic communications, data and computer programs, intellectual property and privacy rights.

x.  Coroners’ Act and Coroners’ Law of the Various States

This law creates the Coroners’ Court for the determination of the cause of death of a deceased person.

y.  Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004.

This law creates offences punishable by a military court marshal

z.  Children & Young Persons Act and Children & Young Persons Laws of the Various States.

This creates the Juvenile courts for the trial of juveniles and young person who have committed crime.

Judicial Interpretation of the above Enactments.

This refers to the principles of law propounded by superior court judges while determining criminal cases brought before them.

3.       English High Court Rules of Practice & Procedure and the Issue of Lacuna in the Laws.

In some cases, English High Court Rules of Practice and Procedure is a source of criminal procedure given the existence of any lacuna in the principal enactment. This is applicable only in states where the Criminal Procedure Act (CPA) is applicable. Authority for this proposition is section 363 of the Criminal Procedure Act (CPA) and the case of Simidele v COP.

However, application of English High Court Rules of Practice and Procedure to proceedings before the High Courts in Northern Nigeria, Lagos State and the Federal High Court, together with the High Court of the Federal Capital Territory is expressly prohibited.

First, in respect of High Courts in Northern Nigeria, section 35 of the High Court Law of Nigeria provides to the effect that whenever there is a lacuna in the Criminal Procedure Code (CPC), a High Court in the Northern Nigeria would look at any other law made for that purpose or pass another law to take care of that lacuna or do what in their view amounts to substantial justice. Judicial authority for this proposition is Achadu v State.

Second, in respect of Lagos State, section 262 of the Administration of Criminal Justice Law 2011 provides that where a matter arises in respect of which no adequate provisions are made in the rules, the court shall adopt such procedure as will in its view do substantial justice between the parties.

Third, in respect of the Federal High Court, section 9(2) of the Federal High Court Act Cap F 12 Laws of the Federation of Nigeria, 2004 states that where a matter arises in respect of which no provision or no adequate provisions are made in the rules made under subsection (1) of the Federal High Court Act or in any other Act or enactment, the court shall adopt such procedure as it deems fit to do substantial justice between the parties concerned.

Fourth, in respect of the High Court of the Federal Capital Territory, section of the High Court of the Federal Capital Territory Act similar to the provisions of the Federal High Court Act supra.

Lastly, by virtue of section 492(3) of the Administration of Criminal Justice Act 2015, where there are no express provisions in the Act, the Court may apply any procedure that will meet the justice of the case.

4.       Rules Applicable to Criminal Courts in Nigeria

a.  Supreme Court Rules
b.  Court of Appeal Rules
c.  National Industrial Court Rules
d.  Federal High Court Rules
e.  Magistrate Court Rules
f.  Area Court Rules
g.  Sharia Court Rules
h.  Judges Rules
i.   Terrorism Prevention Regulation

j.  Police Regulations (Special Provisions)

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