OUTLINE OF
CRIMINAL
PROCEDURE
OUTLINE OF CRIMINAL PROCEDURE
Criminal Procedure generally refers to either the process by which a
criminal case is prosecuted or the body of laws and rules regulating the
administration of criminal justice.
This aspect of our law is very important in view of the high premium
placed on ensuring a free and fair trial for all citizens, irrespective of
the offences for which they are charged.
The constitutional injunction that every person who is charged with a
criminal offence shall be presumed to be innocent until he is proved
guilty, makes it even more desirable that nine guilty men be set free
rather than convict one innocent soul.
Our task in this section shall be to examine the process of criminal
prosecution, from investigation to final conviction or acquittal,, of an
accused person as well as the statutory provisions and rules governing
the various stages.
The two major statutes governing criminal procedure in Nigeria today are
the Criminal Procedure Code in force in the Northern States and Criminal
Procedure Act which applies in the southern states and throughout the
Federation in offences against federal laws.
Each of these states has its respective Criminal Procedure Law similar to
the provisions of the Act. These two major statutes are complemented by
laws, touching on matters of procedure.
PRE - TRIAL INVESTIGATION
Most criminal cases that come before the courts are preceded by Police
investigations. Usually the victim of a crime lodges a complaint with an
officer in charge of police station in the locality. Based on the information
so received, the officer ascertains whether it is a matter that could be
entertained within his area of jurisdiction.
He would also satisfy himself that the information discloses a criminal
offence deserving of further investigation and possible prosecution.
If it does, then he would want to know whether it is one for which an
arrest may be made with or without a warrant. Where he is satisfied on
these points,
the police officer then enters the complaint in the record as the first
information report, giving the important details of the complainant`s
information.
The officer in charge of the station, thereafter, gives appropriate
instructions as to the investigation of alleged offence.
Arrests are made in connection with the investigation as the need arises.
In the course of investigation, the investigating police officer would very
likely visit the scene of the crime, locate and interrogate possible
witnesses, and make a detailed record of his findings.
SECURING THE ATTENDANCE OF OFFENDERS
The attendance of an offender may be brought about by summons, a
warrant of arrest or by an arrest without a warrant.
a. Summons
A summons is a document directed by the court to an alleged offender to
appear at the specified time and place in order to answer to the complaint
made against him. A magistrate issues it after having been informed by
means of a complaint that an offence has been committed and upon
being satisfied that it is a reasonable and probable cause for trial. It may
be issued on any day including a Sunday or a Public holiday.
The particulars required by the law to be contained in a summons include
(i) a brief statement of the complaint; (ii) a command directed at the
offender to appear at a certain time and place; as well as (iii)the signature
of the issuing magistrate.
The summons should be served on the accused personally or by some
other reasonable means. The accused is required to acknowledge
service by signing on the back of the duplicate copy of the summons.
Where the person being served is unable to write, witness may be
required to endorse the duplicate.
A person failing to acknowledge service may be arrested without a
warrant and where he acknowledges service but fails to honor the
command, he becomes liable to arrest with a warrant.
b. Arrest with a Warrant
Where an offence is suspected to have been committed and it is such
with respect to which an arrest may not be made without a warrant,
the police is required to obtain such warrant from a court or Justice of
the peace. A warrant of arrest is an authority in writing issued by a
magistrate or a judge of the High Court to the police.
A warrant of arrest must:
a) Be in writing
b) Bear the date of issue;
c) State concisely the offence for which issued;
d) Name or describe the offenders;
e) Order somebody to whom it is directed to arrest the offender; and bring
him before the court to answer the complaint, and
f) Be signed by the magistrate or judge issuing it.
A warrant of arrest, once issued remains in force until executed or cancelled
by a judge, magistrate or justice of the peace. And once it is executed it
stops being valid for a re-arrest. It is therefore, irregular to re-use a warrant
of arrest after it has been used for an arrest.
c. Arrest without a Warrant
It is sometimes more expedient to effect an arrest without having secured a
warrant especially in the more serious offences where an offender is either
caught in the act or is under reasonable suspicion and any delay may be
prejudicial to his arrest.
The power to effect arrests without warrant is vested in varying degree in
police officers, judicial offices and private persons.
Police officers
Police powers of arrest are contained in the Criminal Procedure Act, the
Criminal Procedure Code and the Police Act. A police officer may arrest
the following classes of persons without a warrant:
a) Any person whom he suspects upon reasonable grounds of having
committed an indictable offence unless the law creating the offence
prohibits an arrest without a warrant.
b) Any person who commits an offence in his presence notwithstanding
any provision that arrest may not be made without a warrant.
c) Any person who obstructs a police officer while in the execution of his
duty.
c) Any person who escaped or attempt to escape from lawful custody.
e) Any person in whose possession anything is found which may
reasonably be suspected to be stolen or who may reasonably by
suspected of having committed an offence thereto
f) Any person whom he reasonably suspects of being a deserter from
any of the Armed Forces of Nigeria.
g) Any person whom he suspects upon reasonable grounds of having
been concerned in any act committed at any place out Nigeria which,
if committed at any place out of Nigeria which, if committed in
Nigeria, would punishable as an offence, and for which he is, under
any enactment in force in Nigeria, liable to be apprehended or
detained in Nigeria
h) Any person having in his possession without lawful excuse, the
burden of proving which excuse shall be on such person, any
implement of house breaking
i) Any person in respect of whom he has reasonable cause to believe
a warrant of arrest has been issued by a court of competent
jurisdiction in the state.
j) Any person who has no ostensible means of subsistence and who
cannot give a satisfactory account of himself.
k) Any person found in the state taking precautions to conceal his
presence in circumstances that afford reason to believe that he is
taking such precautions with a view to committing an offence,
which is a felony or misdemeanor.
l) Any person accused in his presence of committing an offence who
believes to be false in order to ascertain his true identity.
ANY QUESTIONS
