Can a private lawyer prosecute a criminal case in Nigeria?
Asked by: Uriah Krajcik | Last update: July 26, 2023Score: 4.2/5 (64 votes)
For any private lawyer to prosecute a criminal matter in any court in Nigeria, he must first obtain Attorney General's Fiat to do so since the Attorney General is the chief law officer of the State.
Can a private person prosecute a criminal case in Nigeria?
Private Nigerian citizens can prosecute crimes without the authorization of the AG. According to S. 211 of the Constitution of the federal republic of Nigeria, it is the Attorney General of the state who has the power to institute and prosecute crimes in the state.
Who prosecutes criminal cases in Nigeria?
Under the Nigeria Criminal Justice System, the Police are empowered to prosecute criminal cases at the Magistrate Courts, while the Director of Public Prosecutions, in the Attorney –General' s office of each state prosecute very serious offences like murder, armed robbery, treason e.t.c, at the High Court.
Can a complainant withdraw a criminal case in Nigeria?
There is no time to withdraw a complaint except in cases of crimes of private prosecution. In these cases, the competent court sends a communication to the complainant for the purpose of ratification. This usually takes about 2 months. If this is not done, the proceedings are stopped.
Can a criminal case be settled out of court in Nigeria?
In present day Nigeria and in most parts of the world, almost every dispute can be settled out of court, apart from criminal charges and cases. Since criminal offences and punishment for offenders are created by law, it is illegal for an offender to be denied his due reward (punishment).
Public and Private Prosecutor
Can a foreign lawyer defend someone in Nigeria?
Foreign lawyers cannot represent clients in court. To have a right of audience in court, the lawyer must be qualified to practice in Nigeria as a barrister and solicitor of the Supreme Court and must have paid the practising fees.
Which court deals with criminal cases in Nigeria?
State High Court.
The State High Court has the widest jurisdiction in civil and criminal matters. The High Courts have appellate jurisdiction over decisions of Magistrate Courts and District Courts.
What happens if complainant does not appear in court in Nigeria?
Where at the time and place appointed for the hearing, or adjourned hearing, of a complaint1 the defendant appears but the complainant does not appear, the court may dismiss the complaint, or, if evidence has been received on a previous occasion, may proceed in the absence of a complainant2.
What happens if a defendant does not appear in court in Nigeria?
If you do not respond within the stated period, the claimant/plaintiff may apply to the court to get a default judgment against you. A default judgment is a judgment entered by the court in the absence of a defence by the defendant.
What is the effect of striking out a suit in Nigeria?
The effect of a striking out of a case by a Court is that the Claimant has a right to bring the same matter before the same Court or a Court of co-ordinate jurisdiction. However, the effect of a dismissal is that the Court has conclusively decided the case by delivering judgment.
Who prosecutes in Nigeria?
The Constitution of the Federal Republic of Nigeria places the responsibility of prosecution of crime on the Attorney General of the Federation or the state depending on the nature of crime1. Being a federation, there is an Attorney General of the Federation and thirty six At- torney-Generals for each state.
Can police prosecute in Nigeria?
The power of the Nigeria Police to prosecute criminal cases in Nigerian Courts is derived from the Police Act which is a law enacted by the National Assembly. And the Nigeria Police power to prosecute as provided under the Police Act has been judicially endorsed by the Nigerian Supreme Court.
What is the power of police to prosecute in Nigeria?
The Police Act vests prosecutorial power on the Police on two conditions that: a police officer who is a legal practitioner may prosecute in person before any court whether or not the information or complaint is laid in his name subject and that subject to the provisions of the relevant criminal procedure laws in force ...
Can you sue a police officer personally in Nigeria?
Nigeria Police Force is a creation of the Constitution of Nigeria that can sue and be sued. Any police officer can be sued in Nigeria, from the Inspector General of Police to the most junior police officers (recruit constables).
What is malicious prosecution in Nigeria case law?
Where any person has been maliciously prosecuted, such a person may bring an action in tort seeking damages against the accusers. The case of OGBONNA v. OGBONNA & ANOR (2014) LPELR-22308(CA) was instructive on it.
Can you prosecute someone in another country?
Indeed, extraterritorial jurisdiction, as this concept is known, is increasingly used by the United States to prosecute both US citizens living and working abroad, as well as foreign nationals who have no connection to the United States.
How much does it cost to file a case in court in Nigeria?
The average charge for magistrate/district courts is N250,000 while cases at the High Court is N500,000 to N700,000.
How do I sue someone to court in Nigeria?
The first step in suing someone is to bring a case against them in court. An action is typically filed with a court using court procedures such a writ of summons or originating summons, along with any required paperwork. The jurisdiction is a crucial consideration when suing someone in Nigeria.
What is the burden of proof in Nigeria?
Burden of Proof is the task of establishing before the court the claims of a party. This task is accomplished by party through cogent and compelling evidence. Facts are proved in Civil cases by direct evidence (oral evidence) or Documentary evidence.
What are the criminal procedure in Nigeria?
The Arraignment and Trial Process
A criminal process may be initiated in any of the following ways. Bringing a person arrested without a warrant before a court upon a charge by a police officer. Laying a complaint before a magistrate or high court. Filing information before a high court with the consent of the judge.
When a court lacks jurisdiction in Nigeria?
A trial without jurisdiction is a nullity. A court that lacks jurisdiction to entertain a suit is incompetent to pronounce any judgment or ruling in respect of the action before it.
Who is a complainant in a criminal case in Nigeria?
Lesson summary. A complainant is someone who makes a report of criminal wrongdoing. A complainant can be the victim or witness of an alleged crime. A complainant will make a detailed statement to the police regarding the facts and circumstances of the complaint.
Which court of law has the highest ruling in Nigeria?
The Supreme Court of Nigeria is the highest court in Nigeria. It is based in the capital, Abuja. The Supreme Court is mainly a court of appellate jurisdiction and is the final appeal court in the country.
Who calls cases in court in Nigeria?
The registrar calls the case; • The Judge requests the lawyer of the plaintiff to identify himself/ herself; • The plaintiff opens his/her case first. He/she and his/her witness(es) (if any) will give evidence.
Which court deals with the most criminal cases?
The vast majority of cases (over 95 per cent), are heard in the Magistrates' court, either by a panel of three Magistrates or by a District Judge (Magistrates' court).