ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM IN NIGERIA: SPECIAL COURTS

TOPIC OF THE DAY

- CORONERS COURT AND INQUEST WITH THE RULES OF EVIDENCE

- COURT MARTIAL WITH THE RULES OF EVIDENCE

Coroner's Court and Inquest

The Coroner's Court is a judicial institution tasked with investigating certain types of deaths, particularly those that are sudden, unexplained, or suspicious. The primary purpose of a coroner’s inquest is to determine the cause and circumstances of such deaths. This process helps provide clarity for the deceased’s family, and in some cases, can lead to recommendations to prevent future deaths under similar circumstances. See Lagos State Coroner's System Law, 2007 where Section 14 empowers the coroner to conduct inquests into deaths occurring under suspicious or unexplained circumstances and section 24 provides the coroner with the authority to summon witnesses and require the production of documents necessary for the inquest. See also the case of Ekanem v. State (2004) where the court highlighted the procedural requirements for conducting an inquest and emphasized the importance of thorough investigations to determine the exact cause of death and the case of R v. Secretary of State for the Home Department, Ex parte Amin (2003) which is a UK case, but often cited in Nigerian jurisprudence for establishing principles on the duty of the state to investigate deaths occurring in custody.

Rules of Evidence

The Coroner's Court operates with a different set of rules from regular courts. While formal rules of evidence apply, the proceedings are generally more inquisitorial than adversarial. This means the coroner has greater latitude to determine how the inquiry is conducted and what evidence is considered relevant.

1. Admissibility: The coroner has discretion in admitting evidence, which can include witness testimony, medical reports, and other relevant documents. Hearsay evidence, which is generally inadmissible in other courts, may be considered if deemed relevant and reliable.

2. Witnesses: Witnesses can be summoned to give evidence under oath. They may include medical professionals, police officers, and individuals with knowledge of the deceased’s circumstances leading up to their death.

3. Expert Testimony: Medical examiners and forensic experts often play a critical role by providing technical and scientific insights into the cause of death.

Court Martial

A court martial is a judicial court for trying members of the armed services accused of offenses against military law. It ensures discipline within the military by providing a mechanism for enforcing military law and delivering justice. See The Armed Forces Act, Cap A20 LFN 2004, which governs the procedures for courts martial in Nigeria where Section 129 outlines the composition and jurisdiction of courts martial and section 133 provides details for the procedures for trial, including the rights of the accused and the conduct of proceedings and also section 141 which provides guidelines for the sentencing and execution of sentences imposed by a court martial. See the case of Lt. Col. Mohammed v. Nigerian Army (1998) where the court dealt with procedural irregularities in a court martial proceeding and emphasized the need for strict adherence to the rules governing military trials and the case of Brigadier-General Abdulkarim Adisa v. Nigerian Army (2012) where the court considered the fairness of the trial process and the rights of the accused within the military justice system.

Rules of Evidence

The rules of evidence in a court martial are generally similar to those in civilian courts but adapted to the military context. They are governed by the Armed Forces Act and various military regulations.

1. Admissibility: Evidence must be relevant, reliable, and properly obtained. The rules are designed to balance the needs of military discipline with the rights of the accused.

2. Witnesses: Both prosecution and defense can call witnesses. Military personnel are often required to testify, and their availability can be critical to the proceedings.

3. Rights of the Accused: The accused has the right to a fair trial, which includes the right to be informed of the charges, to legal representation, and to cross-examine witnesses.