JURISDICTION/APPLICATION OF PROVISIONS
OF ADMINISTRATION OF CRIMINAL JUSTICE
ACT, 2015 TO STATE HIGH COURTS
A PAPER PRESENTED TO THE COMMISSION
BY
AMEDU J. SULE (ESQ)
PROSECUTION DEPT. ICPC
AT
THE AUDITORIUM ICPC HEADQUARTERS, ABUJA
ON 26TH OCTOBER, 2015
INTRODUCTION
The imperative of understanding or the
relevance of the topic ‘’ JURISDICTION OF
ADMINISTRATION OF CRIMINAL JUSTICE ACT,
2015’’ to state high courts in Nigeria can never
be over emphasised.
INTRODUCTION cont.
• By virtue of the provisions of section 61(3) of
the Corrupt Practices and Other Related
Offences Act, 2000, though a federal
enactment, it however confers jurisdiction on
the state High Courts to handle and determine
offences created therein.
• In another words all the offences contained
therein are tried by the state High Courts.
INTRODUCTION cont.
• Prior to the enactment 0f the Administration of
Criminal Justice Act 2015, state High Courts
conferred with jurisdictions to try Federal
offences particularly the states within Southern
part of Nigeria had recourse to the Criminal
Procedure Act Cap. C. 41 Laws of the Federation
with commencement period of 1st June, 1945.
• While in the case of Federal Capital Territory, it
was Criminal Procedure (Northern States) Act
Cap. C. 42 Laws of the Federation 2004.
INTRODUCTION cont.
• By virtue of the provisions of section 493 of the
Administration of Criminal Justice Act 2015, CPA,
Cap. C. 41, CPC Act Cap. C. 42, Administration of
Justice Commission Act Cap. A3 laws of the
Federation 2004 are all REPPEALED.
What then is the position of the Corrupt
Practices And Other Related Offences Act 2000
and other similar Federal enactments vis a vice
the Administration of Criminal Justice Act 2015?
INTRODUCTION cont.
• This paper though limited in scope, shall
attempt to examine the meaning of Federal
offence, sources of jurisdiction of Courts in
Nigeria, provisions of 1999 Constitution (as
amended), provisions of Administration of
Criminal Justice Act, 2015. And further
attempts to see whether or not the state High
Court would benefit from huge or enamours
advantages created in the administration of
criminal justice delivery.
DEFINITION OF TERMS
Definition of terms
• We shall only attempt to define some of the terms in
operational sense in order to avoid technical problems
associated with definition.
Federal laws:
Section 494 of Administration of Criminal Justice Act
2015, sees it as ‘’... any act enacted by the National
Assembly having effect with respect to the Federation
or any part thereof’’; and
• any enactment prior to 15th October, 1960, which
under the Constitution of the Federal Republic of
Nigeria has effect with respect to the Federation or any
part thereof.’’
DEFINITION cont.
Jurisdiction: According to the Halbury’s laws of England,
jurisdiction is defines as;
‘’ the authority which a court has to decide matters
that litigated before it or to take cognisance of
matters presented in a formal way for its decision.’’
• In the case of Ajomale Vs Yaduat (No.1){1991}5SCNJ172
‘’ that jurisdiction is the right in the court to hear and
determine the dispute between parties ....’’
• Also in the words of a University Don Ben O. Igwenyi
‘’jurisdiction is the power or authority of a court of law
or tribunal to go into the matter and deliver a binding
judgement’’
DEFINITION cont.
HIGH COURT
• Section 494 Administration of Criminal Justice Act
2015, defines court in the following terms;
‘’includes Federal courts, the magistrates
court and Federal Capital Territory.’’
• So much for definition of terms,
• Please note that in the course of discussion, this
definition of court would be referred to or
considered.
SOURCES OF JURISDICTION
SOURCES OF JURISDICTION OF NIGERIAN COURTS
• It must be noted that jurisdiction of Nigerian
Courts do not come as a bolt from the blue.
• Nor do courts indulged in the rat race of jostling
for jurisdiction.
• These sources include:
a) The Constitution
b) Statutes; and
c) Inherent powers
SOURCES OF JURISDICTION cont.
• The Constitution: This is the primary source of
jurisdiction of superior courts of record in
Nigeria. See the case of Ada Vs NYSC (2004)13
NWLR (pt.891) at 639.
• The Statutes: Aside from the constitution,
Statutes are next veritable source of jurisdiction
of Courts.
Example, The Corrupt Practices And Other
Related Offences Act 2000. Please note section
61(3) of the Act
SOURCES OF JURISDICTION cont.
• Inherent Powers: Adjunct to the other two
sources of jurisdiction highlighted above is the
inherent powers of court.
Section 6(6) (a) of the 1999 Constitution (as
amended) provides thus:
‘’The judicial powers vested in accordance with this
section shall extend not withstanding anything to
the contrary in the constitution to all inherent
power and sanction of a court of law.’’
For instance the court has powers to regulate its
proceedings, punish for contempt and prevent abuse
of its process/powers.
JURISDICTION OF STATE HIGH IN
RESPECT OF FEDERAL MATTERS
• Section 286 (1) of 1999 constitution (as
amended) provides as follows:
a) Where by the law of a state jurisdiction is
conferred upon any court for the hearing and
determination of civil causes and of appeals
arising out of such causes, the court shall have
like jurisdiction with respect to the hearing
and determination to the Federal causes and
appeals arising out of such causes;
JURISDICTION OF STATE HIGH cont.
b) Where by the law of a state jurisdiction is
conferred upon any court for the investigation,
inquiry into, or trial of persons accused of
offences against the laws of the state and with
the respect of hearing and determination of
appeals arising out of any such trial or out of any
proceedings connected therewith, the court shall
have like jurisdiction with respect to
investigation, inquiry into, or trial of persons for
Federal offences and the hearing and
determination of appeals arising out of the trial
or proceedings; and
JURISDICTION OF STATE HIGH cont.
c) The jurisdiction conferred on a court of a
State pursuant to the provisions of this section
shall be exercised in conformity with the
practice and procedure for the time being
prescribed in relation to its jurisdiction over
civil or criminal causes OTHER THAN FEDERAL
CAUSES.
JURISDICTION OF STATE HIGH cont.
(2) Nothing in this section shall be construed,
except in so far as other provisions have been
made by the operation of sections 299 and 301 of
this Constitution, as conferring jurisdiction in
respect of Federal causes or Federal offences
upon a court presided over by a person who is
not or has not been qualified to practise as a legal
practitioner in Nigeria.
JURISDICTION OF STATE HIGH cont.
(3) In this section, unless the context otherwise
requires‘’causes’’ includes matters;
‘’Federal causes’’ means civil or criminal
causes relating to any matter with respect
to which the National assembly has power
to make law; and
‘’Federal offence’’ means an offence contrary to
the provision of an Act of National assembly
or any law having effect as if so enacted.
JURISDICTION UNDER ADMINISTRATION OF
CRIMINAL JUSTICE ACT 2015
• By virtue of the provisions of section 2(1) of the
Administration of Criminal Justice Act, 2015 the
issue of jurisdiction is settled beyond all
reasonable doubt. It provides thus;
‘’without prejudice to section 86 of this Act,
the provisions of this Act shall apply to criminal
trials for Federal offences established by an Act of
National Assembly and other offences punishable
in the Federal Capital Territory Abuja.’’
JURISDICTION UNDER ACJA 2015
• Section 2 (2) provides as follows;
‘’the provisions of this Act shall not apply to a
court martial.’’
It must be submitted with respect that the only
court that its jurisdiction is ousted is court
martial. It therefore follows that all courts of
competent jurisdictions that are not expressly
ousted have their jurisdiction intact and save. The
issue of ouster of jurisdiction must be expressly
stated in the statute.
JURISDICTION UNDER ACJA 2015
• The Supreme court in the case of Sonnar (Nig.)
Ltd Vs Nord Wind (1987) 4 NWLR (pt. 66) 520 at
576 as per Oputa JSC stated as follows:‘’our courts should not be eager to twist
themselves of jurisdiction conferred on
them by the constitution and other laws,
court guard rather jealously their jurisdiction
and even where there is an ouster of that
jurisdiction by statute it should be clear and
unequivocal words ....’’
JURISDICTION UNDER ACJA 2015
Please note
• Section 494 defines terms used in the Act. Some
of the terms are relevant to this topic. These
include but not limited to the following:a)‘’Court’’ – include Federal High Courts,
Magistrate Courts ...... etc
b)‘’High Court’’ means, the Federal High Court
or the High Court of Federal Capital
Territory.
JURISDICTION UNDER ACJA 2015
• All the above provisions do not pretend to
oust the jurisdiction of other courts especially
donated by the 1999 constitution (as
amended).
• See the provisions of section 1 (3) of 1999
constitution (as amended).
Note , the issue of jurisdiction, powers, practices
and procedure of court are contained in
supplemental part of the constitution.
CONCLUSION
• With regard to the Federal offences, it is
generally submitted that State High Courts are
clothed with jurisdiction to try same under the
Administration of Criminal Justice Act 2015.
• The corrupt practices And Other Related
Offences Act 2000 although , a federal law
confers jurisdiction on the state High Courts
and such benefits fully from the
Administration Of Criminal Justice Act 2015 .
CONCLUSION
THANK YOU