- COMMENCEMENT OF THE CRIMINAL PROCESS
- CHARGE ROOM
- CRIMINAL BREACH
- ARRAIGNMENT AND TRIAL PROCESS
- MODE OF TRIAL
- APPEARANCE IN COURT
Commencement of the Criminal Process
The commencement of the criminal process in Nigeria typically begins with the arrest of a suspect. This can be done with or without a warrant depending on the circumstances and the nature of the alleged offense. See sections 23 and 24 of the Criminal Procedure Act (CPA) where a warrant is generally required for arrest unless the situation falls under exceptions and section 10 of the CPA which allows police officers to arrest without a warrant if a crime is committed in their presence or if they have reasonable grounds to suspect involvement in a felony. See the case of A.G. Anambra v. Ude (2003) 5 NWLR (Pt. 812) 227 where the Supreme Court of Nigeria highlighted the importance of adhering to lawful procedures in the arrest process.
Charge Room
The charge room, often within a police station, is where the accused is formally charged with an offense. Here, the police record the charges against the accused and provide details about the alleged crime. See section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides that the accused has the right to be informed promptly in the language they understand of the reasons for their arrest and the charges against them and section 27 of the Evidence Act 2011 which provides that the statement of the accused and any other relevant information is documented and it is essential that statements are taken voluntarily to avoid future legal challenges. See the case of Eferakeya v. The State (2001) 13 NWLR (Pt. 730) 1 where the court emphasized the necessity of recording the statements of the accused in accordance with the law.
Criminal Breach
A criminal breach refers to the violation of legal duties, resulting in a criminal offense. This could range from breach of trust under section 311 of the Criminal Code Act which provides that criminal breach of trust occurs when an individual entrusted with property or authority over it dishonestly misappropriates or converts it for their own use, the breach of contract, to more severe offenses like breach of peace under section 249 of the Criminal Code Act which criminalizes acts that breach public peace and tranquility. See the case of The State v. Akinlade (2001) 5 NWLR (Pt. 707) 89 where the court dealt with issues surrounding criminal breach of trust, reiterating the legal implications and necessary proof required.
Arraignment and Trial Process
Arraignment is the formal process of bringing the accused before the court to answer the charges. It involves reading the charges to the accused and taking their plea. See section 215 of the CPA which provides that the charges must be read and explained to the accused in the language they understand, and they must be asked to plead to each charge and the accused can plead guilty, not guilty, or remain silent. A not guilty plea leads to the trial proper, where the prosecution and defense present their cases. See the case of Enewoh v. The State (2006) 4 NWLR (Pt. 969) 1 where the Supreme Court underscored the importance of ensuring that the accused comprehends the charges before taking their plea.
Mode of Trial
The mode of trial in Nigeria depends on the nature of the offense and the court in which the case is being tried where summary trials are for less severe offenses and are conducted in the Magistrate Courts which makes them generally quicker and less formal, trials on indictment are for more severe offenses and are conducted in the High Courts and they involve more formal procedures, including the presentation of evidence and witnesses. See the case of State v. Salawu (2011) 18 NWLR (Pt. 1279) 580, where the court outlined the procedural differences between summary trials and trials on indictment.
Appearance in Court
The appearance in court by the accused and the conduct of the trial are governed by procedural rules aimed at ensuring fairness and justice as listed below. See the case of Ogugua v. The State (1994) 9 NWLR (Pt. 366) 1, where the principles guiding court appearances and the rights of the accused during trial were elaborated upon.
1. First Appearance: The accused must be brought before the court within a reasonable time after arrest. See section 36(5) of the 1999 Constitution which guarantees the right to a fair hearing.
2. Bail: During the first appearance, the issue of bail may be addressed. See section 118 of the CPA which provides for bail in bailable offenses.
3. Conduct of Trial: The trial involves the prosecution presenting its case, followed by the defense. Both parties may call witnesses and present evidence. The judge or magistrate then makes a ruling based on the evidence and arguments presented.
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