Offences procured or counselled by persons out of nigeria. Customary court, court of appeal, high courts, etc. This course is however made to enable legal practitioners to know the rules of court and to guide on how to apply such rules. Criminal code act chapter c39 laws of the federal republic. A the objection of the learned counsel to the defendant is proper in law by virtue of section 493 of the administration of criminal justice act acja 2015, which expressly repeals the criminal procedure act cpa as the applicable criminal procedure legislation to. An act to make new provisions for the jurisdiction, powers, practice and procedure of the courts of the northern state of nigeria in respect of federal offences, to. Appendix chapterc42 criminal procedure northern states act an act to make new provisions for the jurisdiction, powers, practice and procedure of the courts of the northern state of nigeria in respect of federal. An act to repeal the criminal procedure act, cap c41 lfn 2004, criminal procedure northern states act cap c42 lfn 2004, the administration of justice commission act cap a3 lfn 2004 and enact the administration of criminal justice act, 2015 commencement enacted by the national assembly of the federal republic of nigeria. The criminal procedure act cpa was enacted in 1945 and is largely based on english rules of procedure. Federal high court asset management corporation of nigeria amcon proceeding rules 2018. Criminal code act criminal code act criminal procedure act evidence act money laundering prohibition act, 2004 money laundering prohibition act, 2004 police service commission establishment act, 2001. It repeals the criminal procedure code and criminal procedure act.
After consideration of the whole qucstion by a panel of jurists appointed by the northern. The southern part of nigeria makes use of the criminal code, while the northern part of nigeria makes use of the. Appendix a or under any other act or law for the time being in force in any part of nigeria, the police. An act to make provision for the procedure to be followed in criminal cases in the high court and magistrates courts. Although many details of the new code differed from the criminal procedure act of nigeria the revolutionary aspects of the code were really confined to two main mattcrs. Although the need was noted during the constitutional conference leading. Criminal procedure code criminal procedure code arrangement of sections the original numbering of the sections has been retained. C41 lfn 2004, criminal procedure northern states act cap c42 lfn 2004, the administration of justice commission act cap a3 lfn 2004 and enact the administration of criminal justice act, 2015 th may, 2015 commencement. Preliminary, arrests, bail and preventive, justices. Section 180 of the evidence act dealing with taking of oral evidence, provides that save as otherwise provided in section 182 and 183 of this act all oral evidence in any judicial proceedings must be given upon oath or affirmation administered in accordance with the provisions of the oath act. Law officer has the meaning assigned thereto in the criminal code.
The federal revenue court as federal high court was then called was established by the federal revenue act 1973 1973 no. Trial of offences under penal code and other laws 6. Chapter 1 preliminary, arrests, bail, and preventive justice part 1 preliminary section 1. Arrangement of sections the original numbering of sections has been retained in order not to disturb the crossreferences to those sections in other enactments. Criminal procedure act 51 of 1977 rsa gg 5532 brought into force in south africa and south west africa on 22 july 1977 by rsa proc. The criminal justice system in nigeria commences with the commission of a crime and continues with subsequent interventions by the law enforcement agencies of the system that has the power to arrest, arraignment, trial, sentencing and punishment of the offender. Enacted by the national assembly of the federal republic of nigeria. Criminal procedure code in nigeria pdf download criminal law in nigeria is divided into parts and chapters and is quite a large book that would take some considerable amount of time to consume. Now called the criminal procedure act, it appears as cap.
Chapter 1 preliminary, arrests, bail, and preventive justice part 1. Criminal procedure 241 all indictments preferred at the circuit courts shall as to ndlct commence in the appropriate form as set forth in rule 2 of the rnents to be, schedule to. Initially, the criminal procedure act cpa had general application throughout nigeria. For nigeria and nigerians to be able to enjoy the lofty provisions of the administration of criminal justice act acja 2015 vis a vis the nigeria constitution, the nigerian government needs to be seen to be fully committed to improving the nigeria criminal justice system by providing all that is needed to make the acja 2015 work. Offences procured in nigeria to be committed out of nigeria.
Essentially, section 1 of the acja explains the purpose of the act thus. Laws and rules applicable to criminal courts in nigeria. Promulgation of criminal procedure act, 2004 act no. Criminal defense is actually governed by 2 different laws. The criminal procedure act principal legislation arrangement of sections section title part i preliminary provisions 1. Modifications to northern states criminal procedure code law. Chief editor 1 comment criminal justice in nigeria, criminal law and penal code in nigeria, criminal law practice in nigeria, criminal procedure act in nigeria download, pdf on criminal law in nigeria. The principal act has been amended by the court of appeal amendment act, 1993. Nigeria with respect to the several matters therein dealt with.
Arrest, escape, recapture, search warrants and seizure. About federal high court nigeria civil aviation procedure rules 20 criminal practice direction order 48 rule 4. Part 2 arrest, bail and preventive justice 3 arrest generally. Short title this act may be cited as the penal code northern states federal provisions act. Procedure act of nigeria the revolutionary aspects of the code were really. May 1966 criminal procedure in northern nigeria 259 region an internationally recognised system of criminal law and procedure which should apply as far as possible to all courts. Criminal code act chapter 77 laws of the federation of nigeria 1990 arrangement of sections the original numbering of sections has been retained in order not to disturb the cross references to those sections in other enactments which are many and will be found throughout the whole edition 1. The criminal law or criminal code is divided into eight parts which consist of fiftyfive chapters. This is the principal statute applicable in all states in southern nigeria excluding lagos state.
Criminal law and procedure 1977 criminal procedure. Consumer protection council act nigeria export processing zones authority decree 1992. Civil procedure rules are found in rules of court e. Under the nigerian criminal justice the constitutional right of an accused person is enshrined in section 35 and 36 of the constitution of the federal republic of nigeria 1999 such rights include, the right to be informed promptly in the language that he understands, the details and nature of the offence of the accused, the right to be given adequate time to prepare his defence, the right to. The provisions of this act shall take effect subject to the provisions of the penal code northern states federal provisions act. An act to make provision for the procedure to be followed in criminal cases in the high court and magistrates. An act to supplement the penal code of the northern states in respect of matters within the exclusive legislative competence of the national assembly, and for purposes ancillary thereto. Offences procured in the state to be committed out of the state.
Preservation of certain matters in criminal procedure act. Welcome to the official website of federal high court. An act to make special provisions in relation to the mode of trial and punishment of certain offences, and for related purposes. Just as the criminal code is applicable to southern nigeria only, criminal procedure act is the primary procedural law in southern nigeria. Chapter c37, laws of the federation of nigeria 2004 as amended in 1993, 2005 and 20 editors note. Criminal procedure act chapter c42 laws of the federation of nigeria 2004.
This act may be cited as the criminal justice adminis short title. An act to consolidate and amend the law relating to criminal procedure. Criminal code act chapter 77, complete document pdf 693 kb criminal code act chapter 77. Native courts to be guided by criminal procedure court. Pdf nigerias sharia criminal procedure codes researchgate. Criminal procedure act 2 4 if the state attorney determines that there are no grounds for the institution or conducting of criminal proceedings, his role may be assumed by the injured person acting as subsidiary prosecutor, subject to the provisions of this act. Administration of criminal justice act clause arrangement of clauses. Prior to the promulgation of the acja 2015, nigerian states were governed by two principal legislations traceable to the british colonial administration, namely the criminal procedure act, cpa. Code of criminal procedure act, 1973 bare acts law. Laws of the federation of nigeria 1990 revised edition, vol. Acts done partly within and partly beyond the jurisdiction. This is the basic law of procedure prescribed for criminal law in india. Criminal procedure act chapter 80 laws of the federation of nigeria 1990 arrangement of sections the original numbering of sections has been retained in order not to disturb the crossreferences to those sections in other enactments. It was also essential that any new legislation should be acceptable to moslems and nonmoslems alike.
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