SECTIONS,CASES AND PRINCIPLES IN CRIMINAL LITIGATION

	SECTIONS	CASES	PRINCIPLES
1		Queen v Osoba Njovens v State	Where an offence was partly committed in one state and partly in another i.e. where the ingredients starts in one state and is completed in another, both States have jurisdiction to try the offence.
2	Section 15 Area Court Edict		Jurisdiction of Area Courts over persons
3	Section 3 Area Court Edict		Establishment of Area Courts by warrant under the hand of the Chief Judge
4	Section 387 CPC	Alabi v COP	The framing of a formal charge is not necessary in Area Courts
5	Section 6 Area Court Edict	Akiga v Tiv Native Authority Jos Native Authority v Allah Na Gani	All that is required is for trial by Area Court to accord with substantial justice.
6	Section 390 CPC Section 36 (6) (C) CFRN 1999	Uzodinma v Commissioner of Police	Right of appearance of Counsel before Area Courts.
7	Section 53 & 54 Area Court Edict		Appeals from Area Court to Upper Area Court; Appeal from Upper Area Court to High Court
8	Section 6 (1) CPC		Establishes Magistrate Courts (North)
9	Section 8 (1) CPC		Provides for four grades of Magistrate Courts
10	Section 24 CPC		Power of Magistrates to impose twice their limit of punishment for consecutive sentences.
11	Section 257 CPC		Reference from Magistrate Court to High Court for punishment
12	Section 36(12) CFRN 1999		Jurisdiction of Customary Courts to try offences under subsidiary legislations.
13	Section 2 CPA		Definition of indictable and non-indictable offences
14	Section 93 MCL Lagos		Abolition of grades of Magistrate Courts
15	Section 30 (2) MCL Lagos		Power of the AG Lagos State to increase jurisdiction of the Magistrate Courts
16	Section 270 CFRN 1999		Establishment of High Courts
17	Section 272 CFRN 1999		Jurisdiction of High Courts
18	Section 240 1999 CFRN		Jurisdiction of Court of Appeal
19	Section 243/273 CFRN 1999	Akinbiyi v Adelabu Pan African Bank Ltd v State	Right of appeal in criminal cases
20	Section 230/233 CFRN 1999		Establishment/Jurisdiction of Supreme Court in criminal cases respectively.
21	Section 251 CFRN 1999		Jurisdiction Federal High Court
22		State v Nwabueze	Child (of less than 12 years) acquitted of murder on the grounds of age
23	Section 2 CYPL		Child: A person less than 14 years of age Young Person: A person who has attained  the age of 14 but is less than 18.
24	Section 6 (2) CYPL		A juvenile jointly charged with an adult can be tried in a regular Court
25	Section 8 (2) CYPL		A juvenile charged with a capital offence cannot be tried in a Juvenile Court
26	Section 6(3) CYPL Section 208, 209 CPA	Guobadia v State R v Oladimeji	Procedure for determination of age of children/young offenders
27	Section 6(5) CYPL See also proviso Section 36(4) CFRN 1999		Trials before Juvenile Courts not generally open to the public.
28	Section 12(1) &  12 (2) CYPL		Children and Young Persons not generally liable to imprisonment
29	Section 13 CYPL		Children and Young Persons not liable to be sentenced to death.
30	Section 420 & 368 CPA	Guobadia v State	Children and Young Persons found guilty of a capital offence to be detained at the pleasure of the Governor/President
31	Section 129 Armed Forces Act		Composition of the two types of Court Martial: General Court Martial and Special Court Martial.
32	Section 130 Armed Forces Act		Jurisdiction of Court Martial over persons subject to service law
33	Section 131 Armed Forces Act		Who may convene a Court Martial
34		Nigerian Air Force v Obiosa (overruling Shekete v NAF)	The power to convene a Court Martial is delegable
35	Section 133 Armed Forces Act	Okoro v Nigeria Army Council	Constitution of Court Martial
36	Section 82 CPA		A summons may be issued or served on any day including a Sunday of Public Holiday.
37	Section 103 CPA Section 383 CPC		A summons, warrant or other process shall be not be invalidated by reason of the death of the issuing authority.
38	Section 96 CPA Section 70 CPC		If a person disobeys a summons, then a warrant may be issued.
39	Section 23 CPA	Ikonne v COP & Justice Wachukwu	No warrant shall be issued except the complaint is on oath.
40	Section 28(1) CPA Section 63 CPC		A warrant may be executed at any time and on any day including a Sunday or Public Holiday
41	Section 56(2)		A warrant of arrest shall remain in force until it is cancelled or it is executed.
42	Section 29 CPA Section 61 CPC		A warrant may be executed notwithstanding that it is not in possession at the time of the person executing the warrant.
43	Section 101 CPA Section 384 CPC		Irregularities in warrant of arrest not enough to nullify trial resulting therefrom.
44	Section 10 CPA Section 26 CPC		Power of the Police to arrest without warrant.
45	Section 12 CPA Section 28 (d)		Power of Private Persons to arrest without warrant
46	Section 13 CPA		Power of owner of property to arrest a person without warrant.
47	Section 90 CPA Section 52 CPC		Execution of summons outside jurisdiction by leaving duplicate of the summons on conspicuous part of the premises or adult member of his family.
48	Section 482 CPA		Execution of warrant outside State of Issue
49	Section 107 CPA Section 74 CPC		A Court or Magistrate of Peace may issue a search warrant
50	Section 28 Police Act		A Superior Police Officer may in certain circumstances issue a search warrant
51	Section 111 CPA		Search warrant to be executed between 5am and 6pm except extended.
52	Section 79 CPC		A woman in purdah to be allowed reasonable facility to withdraw
53	Section 112 CPA		Right of Police conducting search to demand free ingress and egress
54	Section 78 CPC		Right of person to whom the search warrant is addressed to call two reputable witnesses from the neighbourhood.
55	Section 6 CPA Section 44(3) CPC		Search of persons (Search of woman to be done by a woman).
56	Section 82 CPC		Search of woman to be done by a woman with strict regard to decency
57	Section 6 (1) CPA Search 44 (1) CPC		Search without warrant where a person is arrested or where a person is in an area where a search is being conducted and is reasonably suspected of concealing  something.
58	Section 4 Police Act		General powers of the Police
59	Section 9(3) ACJL		Police Interviews now to be recorded on video
60	Section 35(2) CFRN 1999		Right of accused to remain silence until after consultation with a Legal Practitioner or any other person of his choice
61	Section 46(4) CFRN 1999 Section 10 Legal Aid Act 2011		Right to free legal assistance
62	Section 35(1) CFRN 1999		Right not to be unnecessarily restrained during arrest and during interview.
63	Section 35(4) & (5) CFRN 1999	Eda v Commissioner of Police	Right to be taken to Court within a reasonable time
64	Section 35(3) CFRN 1999		Right to be informed in writing within 24 hours of the reason for the arrest.
65	Section 35(6) CFRN 1999		Right to public apology if unlawfully arrested and detained.
66		Okosi v The State	Definition of Alibi per Oputa JSC
67		Emenogor v The State Azeez v State	Elements of Alibi (must be properly and timeously raised)
68		Archibong v The State Bozin v The State	Definition of Identification Evidence
69		Ikemson v The State Imo v The State	Where identification evidence is necessary
70	Section 28 & 29 Evidence Act 2011	Arogundade v The State Egboghonome v The State	Meaning, relevance and admissibility of confession
71		R v Voisin	The Judges Rule do not have the force of law.
72	Section 17, 18 & 19 CPA Section 129 CPC Section 17 ACJL		Police Bail
73		Olatunji v State	Where there in incompetence on the part of the Prosecutor, the whole proceedings shall be a nullity.
74	Sections 174 and 211 CFRN 1999		Powers of the Attorney General of the Federation and States respectively.
75		Anyebe v The State	The Attorney General of the Federation’s  power to institute proceedings are in relation to federal offences while the powers of the Attorneys General of States relate to state offences and so neither can exercise the powers of the other without authorization.
76	Section 286 CFRN 1999	Emelogu v State	Where a Federal Law is to take effect as a State Law, the Attorney General is competent to institute proceedings against any person.
77		State v Okpegboro	The prosecutorial powers of the Attorney General extends to all Courts, except a Court Martial and so a State Counsel can institute proceedings on behalf of the AG even before a Magistrate Court.
78		Amaefule v State Edet vState	Although it is desirable for an Attorney General to withdraw an action against a person before bringing another case against them, but nothing affects the powers of the AG to take over proceedings at any stage of the proceedings.
79	Section 73 CPA Section 253 CPC	State v Chukwuma	Although the Constitution is silent on the procedure for the entry of a nolle prosequi, the AG has to come to Court in person to orally enter it, or duly authorize an Officer in his Dept by a written authority.
80		AG Kaduna State v Hassan Obasi  v The State	There is a difference btw powers of the AG to commence and take over proceedings and the power to enter nolle. The power of nolle is personal to the AG and cannot be exercised unless there is an incumbent in office.
81	Section 23 Police Act	Olusemo v COP Osahon v FRN	Power of prosecution of the Police
82	Section 59 CPA Section 143 CPC		Power of private persons to institute proceedings
83	Section 77 & 78 CPA Section 143 CPC		Mode of institution of proceedings
84		AG Federation v Clement Isong Okafor v State State v Akilu	Consent of the Judge is a condition precedent to filing an information in the High Court.
85		Abacha v State	An ordinary letter can suffice as a procedure for seeking consent to file an information.
86		Ghali v State	Consent is sought from the High Court Judge, not the Court. So if the consent is refused, another application is made to another Judge.
87	Section 69 ACJL		Consent of he Judge is no longer required
88		Ikomi v State	Where proof of evidence discloses a prima facie case, consent will be granted and vice versa.
89		Fred Egbe v State	Where consent is granted and the accused is aggrieved that the information and proof of evidence disclose no prima facie evidence against him, he may apply by motion on  notice that the information be quashed.
90	Section 2(1) CPA Section 375 ACJL	Edun v Inspector General of Police	Meaning of charge
91	Section 150 Section 200 Section 146 ACJL		Firms and contents of a charge
92	Section 151 & 152 (1) CPA	Okeke v IGP Ogbomor v State Osigwe v State	A charge must be clear and give an accused person adequate notice of the offence charged. (The Rule against ambiguity)
93	Section 156 CPA Section 212 CPC Section 152 ACJL	Okeke v Police	Every distinct offence committed shall have a separate charge and such charge shall be tried separately. (The Rule against duplicity.)
94	Section 156 CPA Section 212 CPC Section 152 ACJL		Every distinct offence committed shall have a separate charge sheet. (The Rule against misjoinder of offences.)
95		Haruna v The State	The test to determine in the course of the same transaction: proximity of time and place, continuity of action, community of purpose and design.
96	Section 155 CPA Section 221 CPC Section 151 ACJL	Okojie & ors v COP	Exceptions to the rule against misjoinder of offenders.
97	Section 166 CPA	Ogbomor v State Onakoya v FRN State v Gwonto	Effect of breach of rules of drafting charges
98	Section 162 & 163 CPA Section 207 & 208 CPC Section 154 & 155 ACJL	Uket v FRN Nigeria Airforce v Obiosa Okwechime v Police	Meaning and forms of amendment of charges.
99	Section 118 CPA Section 341 & 342 CPC		Bail by Court pending trial
100		Dantata v State Abacha v State Bamaiyi v State	Factors to consider in granting bail
101		Simidele v State Tanko v State	Procedure for application of bail: Summons in the South. Motion or Summons in the North.
102		Akunnia v AG Anambra State	The procedure for applying for bail pending apeal is by motion on notice.
103	Section 36 (1) & (4) CFRN 1999	R v University of Cambridge Garba v University of Maiduguri NBA v Akintonkun	Right to fair hearing within a reasonable time and in public
104	Section36 (6) (a) CFRN 1999	Maja v State	Right to be informed of offence charged
105	Section 179 (2) CPA; Section 218(2) CPC& Section 171 (2) ACJL	Odeh v FRN Nwachukwu v State Kareem v FRN	When an accused is charged with an offence, and a lesser offence is proved, he can be convicted of the lesser offence without need for an new charge.
106	Section 36 (5) CFRN 1999	Adebayo v State	Right to presumption of innocence
107	Section 36 (6) (b)  CFRN 1999		Right to adequate time and facilities for defence
108	Section 36 (6) (c) CFRN 1999	Uzodinma v COP Awolowo v Minister of Internal Affairs	Right to Counsel
109	Section 36 (6) (d) CFRN 1999	Tulu v Bauchi NA Idrisu v State	Right to examine witnesses called by Prosecution
110	Section 36 (6) (e) CFRN 1999	Ajayi v Zaria Native Authority	Right to interpreter at no cost Interpreter must be competent
111	Section 36 (8) CFRN 1999	Godwin Ikpasa v State Ogbomor v State	Right not be tried upon a retroactive legislation
112	Section 36 (9) CFRN 1999	Nafiu Rabiu v State State v Madu	Right to one trial for one offence Autre fois acquit and autre fois convict
113	Section 36 (10) CFRN 1999	Falae v Obasanjo Okeke v State	Right against trial for offence pardoned
114	Section 36 (11) CFRN 1999	Queen v Omisade Sugh v State	Right not to be compelled to give evidence Section 180 & 181 Evidence Act 2011
115	Section 36 (12) CFRN 1999	Aoko v Fagbemi AG Federation v Isong FRN v Ifegwu Udensi	Right to be tried only for an offence known to law. The offence must be defined and the punishment prescribed in a written law.
116	Section 210 CPA Section 153 CPC Section 234 ACJL		Every person charged with an offence shall be entitled to be present in Court during the whole of his trial.
117	Section 100 CPA & Section 154 (2) CPC		In simple offences punishable with fine not exceeding N100 or 6 months imprisonment, the presence of an accused is not mandatory
118	Section 223 (2) CPA		Where the Court is to investigate the question of the where an accused is of unsound mind, he shall not be present.
119	Section 282 CPA & Section 240 ACJL		Where both accused ands complainant are absent, the Court may issue a bench warrant, order notice to be issued or adjourn.
120	Section 36 (6) (c) CFRN 1999	Josiah v State Udo v State Udofia v State	Right of Counsel to present at the trial. In capital offences, the presence of Counsel is mandatory.
121	Section 215 CPA & Section 187 CPC	Kalu v State Yahaya v State	Meaning and elements of a valid arraignment.
122	Section 18 & 30 EFCC Act; Section 75 ACJL		Plea Bargaining
123	Section 131 – 133 Evidence Act		Burden of Proof
124	Section 36 (5) CFRN 1999	Oteki v AG Bendel State; Igabele v State	The burden of proof rests on the prosecution through out the trial
125	Section 139(1) Evidence Act	IGP v Anozie	The accused bears the evidential burden to prove exceptions/exemptions
126	Section 139 (3) (c)  Evidence Act	Onakoya v R	The accused bears the evidential burden to prove insanity/intoxication
127	Section 140 Evidence Act	Otti v IGP; R v Griliopolous	The accused bears the evidential burden to prove facts peculiarly within his knowledge
128	Section 140 Evidence Act	Onyenankeya v State; State v Azeez	Standard of proof in criminal cases must be beyond reasonable doubt
129		Bakare v State; State v Azeez; Shande v State	Where there is reasonable doubt, it must be resolved in favour of the accused
130	Section 1; 3-14 Evidence Act	Agunbiade v Sasegbon	Admissibility of evidence
131	Section 175 Evidence Act		Every person is competent to testify except if by reason of tender age, extreme old age, disease of the mind or body he is unable to understand the nature of questions and provide rational answers.
132	Section 209 (1) Evidence Act		A child below the age of 14 years does not understand the nature of an oath and cannot give sworn evidence
133	Section 209 (3) Evidence Act		A person shall not be liable to be convicted upon the unsworn evidence of a child except it is corroborated
134	Section 180 Evidence Act		An accused person is not competent to give evidence for the prosecution but is competent to testify for the defence
135	Section 179 & 182 Evidence Act		Either spouse is competent to testify when the other spouse is standing trial but cannot be compelled to give evidence without the consent of the accused
136	Rule 20 RPC	Idowu v Adekoya; Banque L’Afrique Occidental v Alh Shafardi	A Counsel is competent to testify, but it is not advisable for an accused to testify
137	Section 176 Evidence Act		A dumb witness may testify by writings or signs made in open court, which shall be oral evidence
138	Section 308(1) 1999 CFRN	Abacha v Fawehinmi Tinubu v IMB Securities	The President or Vice President, Governor or Deputy Governor cannot be compelled to give evidence
139	Section 1 Diplomatic Immunities and privileges Act	Zabursky v Isreali Aircraft Industries	Foreign diplomats and envoys plus their families and domestic staff (not being Nigerians) cannot be compelled to give evidence
140		Police v Jane	Magistrates have no power to issue subpoenas.
141	Section 214(1) Evidence Act		Meaning of examination in chief
142	Section 214(2) Evidence Act		Cross examination
143	Section 214(3) Evidence Act		Re-examination
144	Section 221(2) Evidence Act		Leading questions shall not be asked in examination in chief and re-examination
145	Section 221(3) Evidence Act		Leading questions may be asked in relation to maters that are introductory, undisputed or sufficiently proved.
146	Section 230 Evidence Act	Babatunde v State; Eson v State Ibeh v State	A party is not allowed to impeach the credit of his witness except such has first been declared a hostile witness
147	Section 215(2) Evidence Act		Examination-in-chief must relate to relevant facts
148	Section 223 - 228 Evidence Act		Questions that may or may not be asked in cross examination
149	Section 239 Evidence Act	R v Jimoh Amoo & ors Sunday Oyinlola v State	Refreshing memory
150	Section 67 Evidence Act	R v Loake; Hollington v Hawthorn & Co Ltd	Opinion evidence: generally irrelevant and inadmissible
151	Section 68-72 Evidence Act	Oguenzee v State Ajani v Comptroller of Customs, Adedibu v Adewoyin	Opinion of experts and non experts where relevant and admissible
152	Section 88, 89 and 125 Evidence Act		The contents of documents must be proved by the production of the documents in evidence.
153	Section 83 Evidence Act	Okonji v Njokanma ACB v Gwagwada Torti v Ukpabi	Admissibility of documentary evidence
154	Section 85 Evidence Act		The contents of a document may be proved either by primary or secondary evidence
155	Section 88 Evidence Act		Documents shall be proved by primary evidence except in the cases in which secondary evidence may be given.
156	Section 49 Evidence Act		The written statement of an Investigating Police Officer may be admitted in evidence by the Court.
157		Ekpo v State	The evidence of an IPO may or may not be hearsay. It is hearsay and inadmissible where the IPO merely repeats what the nominal complainant said to him, but it is not hearsay where he testifies as to his role in the investigations.
158	Section 37 & 38 Evidence Act		The rule against hearsay.
159	Sections 39 – 45  Evidence Act		Exceptions to the hearsay rule
160	Section 246 Evidence Act	Uso v COP Okoduwa v State	Power of the Court to put questions to witnesses to attain a just determination of the case.
161	Section 200 CPA; Section 237 CPC; Section 197 ACJL	Onuoha v State Police v Olatilewa	Power of a Court to call or re-call witnesses
162	Section 286 CPA; Section 191 CPC; Section 243 ACJL	Suberu v The State	No case submission
163
164		R v Coker; Emedo v State; Ubanatu v COP, Ibeziakor v Commissioner of Police	Conditions for the successful plea of a no case submission.
165	Section 301 CPA; Section 191 (5) CPC;	Nwali v IGP; Mohammed v State; IGP v Marke	The effect of a discharge after upholding a no case submission is an acquittal.
166		Ekanem v R; Mogaji v Odofin Bello	Where a Court overrules a no case submission, he should deliver a brief ruling.
167		Atano v AG Bendel; Mogaji v Odofin Bello	The lengthy ruling of a no case submission is not enough to vitiate a trial, provided that the Judge did not thereby fetter his discretion.
168		Mumuni v State; Okoro v State; Dabo v State	If a Court wrongly overrules a no case submission and the accused participates in the trial and supplies the evidence that incriminates him, the conviction will be set aside.
169	Section 287 CPA		The option(s) available to an accused person at the close of the prosecution’s case.
170	Section 288 CPA		Failure of a Judge to inform the accused of his options will not vitiate the trial so long as the Court called the accused for his defence.
171	Section 241 & 243 CPA		Right of reply of prosecution where an accused rests his case on the prosecution.
172	Section 289 CPA		Ex improviso rule
173	Section 207 CPA; Section 243 CPC; Section 205 ACJL		Visit to locus in quo.
174	Section 127(2) Evidence Act	COP v Olaopa R v Dogbe	Procedure for conduct of locus in quo: the Court either adjourns to the locus and continue proceedings there until it reconvenes in the Court or the court may make an inspection of the locus and subsequently take evidence in Court.
175	Section 207(2) CPA; Section 243(2) CPC; Section 205(2) ACJL	Adunfe v IGP	An accused person shall be present at the venue of the locus in quo.
176	Section 241 & 242 CPA	Aremu v AG Bendel; Awobotu v The State	Where a Law officer (Attorney General of the State or Federation, Solicitor General of the State of Federation or a Federal or State Counsel) is prosecuting, he always has a right of reply.
177	Section 245 CPA; Section 268 & 269 CPC; Section 279 ACJL		Contents and form of a valid judgment.
178		Queen v Fadina; Unakalamba v COP; Abiola v FRN	Judgments must be in writing at the time of delivery.
179		Okoruwa v State, Osayande v COP	Magistrate Courts in the South are permitted to deliver oral judgments.
180		Aigbe v State; Onafowokan v State	Judgments must contain the decision of the Court on the point or issue raised.
181		Willie John v State	Judgment must contain the reason for the court’s decision not just to state “I believe” or “I don’t believe.”
182		Haruna v University of Agric, Makurdi; Ajayi v State	Judgments must be dated, signed or sealed. Where a Judge signs not immediately after the judgment but after some ancillary orders, the judgment is valid.
183	Section 269(1) CPC		Judgments must bear the seal of the Court.
184		Nwaefulu v The State; Mohammed v IGP	The effect of not complying with the provisions of the law on the contents and form of a good judgment is that the judgment will be nullified.
185	Section 294(1) 1999 CFRN		Judgment shall be delivered within 90 days from the final addresses or close of evidence.
186	Section 294(5) 1999 CFRN		The decision of a Court shall not be set aside merely because it was not delivered within 90 days unless such non compliance occasioned a miscarriage of justice.
189	Section 247 CPA	IGP v Tegbe	Allocutos is a plea made by an accused person or his counsel after a finding of guilt but before the Court pronounced his sentence. It has no bearing on the question of guilt.
190		Enahoro v Queen	The role of the prosecution during sentencing is to supply information on the criminal records of the accused and not to ask for the maximum punishment.
191	Section 248 CPA		Where the Court finds the accused guilty, the next thing is to pass a sentence on him or make an order.
192		Oyediran v State	The Court must first convict i.e. passed a verdict of guilty on the accused before sentencing.
193		Adesina v Police; Yesufu v IGP	For every distinct count of which an accused is convicted, there must be a separate sentence.
194	Section 249 CPA; Section 258 CPC		The Court in passing a sentence on a convicted person may take into consideration any other charge pending against the accused if the accused admits the other charge and desires that it be taken into consideration and if the prosecutor of the other charge consents (in the North it is the consent of the AG that is required). An accused shall not then be liable to be tried in respect of any such offence taken into consideration except such conviction is set aside on appeal.
195	Section 367(1) & (2) CPA		How a sentence of death is pronounced.
196		Gano v State	The mode of execution of death sentence in Nigeria is by hanging.
197	Section 368(2) CPA; Section 270 & 300 CPC		Sentence of death cannot be passed on a woman found to be pregnant at the time of the conviction, instead it is commuted to life imprisonment.
198	Section 368(3) CPA	Modupe v State	Death sentence cannot be passed on a offender who has not attained the age of 17 years at the time the offence was committed. Overruling R v Bangaza.
199		Okeke v The State	The judiciary has no power to grant pardon or exercise prerogative of mercy, so all applications should be addressed to the Advisory Council.
200	Section 282 CPA; Section 23 CPC	Price Control Board v Ezema	Power of the court to impose sentence of fine.
201	Section 388 CPA		Caning may be inflicted in addition or in lieu of any other form of punishment. It shall be applied with a light rod, not to exceed 12 strokes, shall not be passed on women or men above the age of 45 years, not to be executed in installments and shall not be passed on a person under the sentence of death.
202	Section 307 CPA		Haddi lashing applicable only in the North and only inflicted on Muslims and in relation to the offence of adultery, alcohol, defamation and injurious falsehood.
203	Section 359 CPC		Forfeiture may be imposed in addition to or in lieu of any other form of punishment.
204	Section 243(a) 1999 CFRN		Right of appeal in criminal proceedings exercisable by the accused person and the prosecution.
205		Pan African Bank v State	A person affected by the decision of a Court though not being a party has a right to appeal against that decision.
206	Section 259 CFRN 1999		Case stated as distinguished from appeal.
207	Section 272 1999 CFRN		Jurisdiction of a State High Court to include criminal proceedings which originate in the High Court and those brought before the High Court by way of its appellate or supervisory jurisdiction.
208	Section 68 & 69 1999 CFRN		Grounds on which an aggrieved party may appeal.
209	Section 281 CPC		Notice of appeal in High Court is filed within 30 days of the date of delivery of judgment in the case of a decision of sentence of imprisonment and 15 days if the sentence is caning.
210	Order 17 Rule 18 CA Rules 2011	Awojobi v Ogbemudia	Abandonment of appeal
211		R v Rowe	A criminal appeal, other than an Appeal against sentence of fine shall abate on the death of the Appellant.
212	Section 240 1999 CFRN		Jurisdiction of the Court of Appeal to hear appeals in criminal cases.
213		Adekeye v State	Where there are separate appellants, there must file separate notices of appeal.
214	Order 17 Rule 4 CA Rules 2011	State v Jammal	The procedure for appeal is to file a notice of appeal or notice of application for leave to appeal signed by the Appellant himself.
215	Section 24(2)(b) CA Act		The period for giving notice of appeal or application for leave to appeal in Court of Appeal is 90 days from date of delivery of judgment.
216	Section 24(3) CA Act		Where application for leave to appeal is made to the High Court and is refused, the appellant has a further period of 15 days to make another application to the Court of Appeal.
217	Order 17 Rule 6 CA Rules 2011		Where an application for leave to appeal is given, it shall not be necessary for the Appellant to still give notice of appeal as the grant of the application is deemed to be the notice of appeal.
218	Order 17 Rule 5 CA Rules 2011		Where an appellant is out of time to file any of the notices or an application, an application for extension must be made to the Court of Appeal.
219	Order 17 Rule 7 CA Rules 2011		Registrar of the High Court compiles record of appeal and transmits same to the Registrar of the Court of Appeal.
220	Order 17 Rule 8 CA Rules 2011		Notice of abandonment of appeal
221		Bello v AG Oyo State	Notice of Appeal filed by a convicted person operate as a stay of execution.
222	Order 18 CA Rules 2011	Nwali v State	Time for filing brief of arguments in Court of Appeal:  Appellant brief: 45 days Respondent’s brief: 30 days Reply brief: 14 days
223	Order 18 Rule 9(3) CA Rules 2011		Each party is allowed 40 minutes oral argument unless otherwise directed.
224	Section 233(2) 1999 CFRN		Appeal lies from decisions of the Court of Appeal as of right or with leave to the Supreme Court.
225	Section 234 1999 CFRN		Constitution of Supreme Court is 5 Justices but where the Court is sitting to consider an appeal from Section 233(2) (b) or (c) CFRN 1999 then 7 Justices.
226	Section 27(2)(b) Supreme Court Act		Notice of Appeal or Notice of application for leave to appeal to appeal is filed within 30 days of the delivery of the judgment sought to be appealed.
227	Section 30(1) Supreme Court Act		An accused is not under legal obligation to be present at the hearing of his appeal but if he desires he shall be entitled to be present.
228			Time for filing brief of arguments in Supreme Court: Appellant brief: 10 weeks Respondent’s brief: 8 weeks Reply brief: 4 weeks
229	Order 6 Rules 6(a) Supreme Court Rules		10 Copies of all briefs are required to be filed in the Supreme Court.
230		Yesufu Abodunde v R	The conditions for ordering a re-trial

	SECTIONS	CASES	PRINCIPLES
1		Queen v Osoba Njovens v State	Where an offence was partly committed in one state and partly in another i.e. where the ingredients starts in one state and is completed in another, both States have jurisdiction to try the offence.
2	Section 15 Area Court Edict		Jurisdiction of Area Courts over persons
3	Section 3 Area Court Edict		Establishment of Area Courts by warrant under the hand of the Chief Judge
4	Section 387 CPC	Alabi v COP	The framing of a formal charge is not necessary in Area Courts
5	Section 6 Area Court Edict	Akiga v Tiv Native Authority Jos Native Authority v Allah Na Gani	All that is required is for trial by Area Court to accord with substantial justice.
6	Section 390 CPC Section 36 (6) (C) CFRN 1999	Uzodinma v Commissioner of Police	Right of appearance of Counsel before Area Courts.
7	Section 53 & 54 Area Court Edict		Appeals from Area Court to Upper Area Court; Appeal from Upper Area Court to High Court
8	Section 6 (1) CPC		Establishes Magistrate Courts (North)
9	Section 8 (1) CPC		Provides for four grades of Magistrate Courts
10	Section 24 CPC		Power of Magistrates to impose twice their limit of punishment for consecutive sentences.
11	Section 257 CPC		Reference from Magistrate Court to High Court for punishment
12	Section 36(12) CFRN 1999		Jurisdiction of Customary Courts to try offences under subsidiary legislations.
13	Section 2 CPA		Definition of indictable and non-indictable offences
14	Section 93 MCL Lagos		Abolition of grades of Magistrate Courts
15	Section 30 (2) MCL Lagos		Power of the AG Lagos State to increase jurisdiction of the Magistrate Courts
16	Section 270 CFRN 1999		Establishment of High Courts
17	Section 272 CFRN 1999		Jurisdiction of High Courts
18	Section 240 1999 CFRN		Jurisdiction of Court of Appeal
19	Section 243/273 CFRN 1999	Akinbiyi v Adelabu Pan African Bank Ltd v State	Right of appeal in criminal cases
20	Section 230/233 CFRN 1999		Establishment/Jurisdiction of Supreme Court in criminal cases respectively.
21	Section 251 CFRN 1999		Jurisdiction Federal High Court
22		State v Nwabueze	Child (of less than 12 years) acquitted of murder on the grounds of age
23	Section 2 CYPL		Child: A person less than 14 years of age Young Person: A person who has attained  the age of 14 but is less than 18.
24	Section 6 (2) CYPL		A juvenile jointly charged with an adult can be tried in a regular Court
25	Section 8 (2) CYPL		A juvenile charged with a capital offence cannot be tried in a Juvenile Court
26	Section 6(3) CYPL Section 208, 209 CPA	Guobadia v State R v Oladimeji	Procedure for determination of age of children/young offenders
27	Section 6(5) CYPL See also proviso Section 36(4) CFRN 1999		Trials before Juvenile Courts not generally open to the public.
28	Section 12(1) &  12 (2) CYPL		Children and Young Persons not generally liable to imprisonment
29	Section 13 CYPL		Children and Young Persons not liable to be sentenced to death.
30	Section 420 & 368 CPA	Guobadia v State	Children and Young Persons found guilty of a capital offence to be detained at the pleasure of the Governor/President
31	Section 129 Armed Forces Act		Composition of the two types of Court Martial: General Court Martial and Special Court Martial.
32	Section 130 Armed Forces Act		Jurisdiction of Court Martial over persons subject to service law
33	Section 131 Armed Forces Act		Who may convene a Court Martial
34		Nigerian Air Force v Obiosa (overruling Shekete v NAF)	The power to convene a Court Martial is delegable
35	Section 133 Armed Forces Act	Okoro v Nigeria Army Council	Constitution of Court Martial
36	Section 82 CPA		A summons may be issued or served on any day including a Sunday of Public Holiday.
37	Section 103 CPA Section 383 CPC		A summons, warrant or other process shall be not be invalidated by reason of the death of the issuing authority.
38	Section 96 CPA Section 70 CPC		If a person disobeys a summons, then a warrant may be issued.
39	Section 23 CPA	Ikonne v COP & Justice Wachukwu	No warrant shall be issued except the complaint is on oath.
40	Section 28(1) CPA Section 63 CPC		A warrant may be executed at any time and on any day including a Sunday or Public Holiday
41	Section 56(2)		A warrant of arrest shall remain in force until it is cancelled or it is executed.
42	Section 29 CPA Section 61 CPC		A warrant may be executed notwithstanding that it is not in possession at the time of the person executing the warrant.
43	Section 101 CPA Section 384 CPC		Irregularities in warrant of arrest not enough to nullify trial resulting therefrom.
44	Section 10 CPA Section 26 CPC		Power of the Police to arrest without warrant.
45	Section 12 CPA Section 28 (d)		Power of Private Persons to arrest without warrant
46	Section 13 CPA		Power of owner of property to arrest a person without warrant.
47	Section 90 CPA Section 52 CPC		Execution of summons outside jurisdiction by leaving duplicate of the summons on conspicuous part of the premises or adult member of his family.
48	Section 482 CPA		Execution of warrant outside State of Issue
49	Section 107 CPA Section 74 CPC		A Court or Magistrate of Peace may issue a search warrant
50	Section 28 Police Act		A Superior Police Officer may in certain circumstances issue a search warrant
51	Section 111 CPA		Search warrant to be executed between 5am and 6pm except extended.
52	Section 79 CPC		A woman in purdah to be allowed reasonable facility to withdraw
53	Section 112 CPA		Right of Police conducting search to demand free ingress and egress
54	Section 78 CPC		Right of person to whom the search warrant is addressed to call two reputable witnesses from the neighbourhood.
55	Section 6 CPA Section 44(3) CPC		Search of persons (Search of woman to be done by a woman).
56	Section 82 CPC		Search of woman to be done by a woman with strict regard to decency
57	Section 6 (1) CPA Search 44 (1) CPC		Search without warrant where a person is arrested or where a person is in an area where a search is being conducted and is reasonably suspected of concealing  something.
58	Section 4 Police Act		General powers of the Police
59	Section 9(3) ACJL		Police Interviews now to be recorded on video
60	Section 35(2) CFRN 1999		Right of accused to remain silence until after consultation with a Legal Practitioner or any other person of his choice
61	Section 46(4) CFRN 1999 Section 10 Legal Aid Act 2011		Right to free legal assistance
62	Section 35(1) CFRN 1999		Right not to be unnecessarily restrained during arrest and during interview.
63	Section 35(4) & (5) CFRN 1999	Eda v Commissioner of Police	Right to be taken to Court within a reasonable time
64	Section 35(3) CFRN 1999		Right to be informed in writing within 24 hours of the reason for the arrest.
65	Section 35(6) CFRN 1999		Right to public apology if unlawfully arrested and detained.
66		Okosi v The State	Definition of Alibi per Oputa JSC
67		Emenogor v The State Azeez v State	Elements of Alibi (must be properly and timeously raised)
68		Archibong v The State Bozin v The State	Definition of Identification Evidence
69		Ikemson v The State Imo v The State	Where identification evidence is necessary
70	Section 28 & 29 Evidence Act 2011	Arogundade v The State Egboghonome v The State	Meaning, relevance and admissibility of confession
71		R v Voisin	The Judges Rule do not have the force of law.
72	Section 17, 18 & 19 CPA Section 129 CPC Section 17 ACJL		Police Bail
73		Olatunji v State	Where there in incompetence on the part of the Prosecutor, the whole proceedings shall be a nullity.
74	Sections 174 and 211 CFRN 1999		Powers of the Attorney General of the Federation and States respectively.
75		Anyebe v The State	The Attorney General of the Federation’s  power to institute proceedings are in relation to federal offences while the powers of the Attorneys General of States relate to state offences and so neither can exercise the powers of the other without authorization.
76	Section 286 CFRN 1999	Emelogu v State	Where a Federal Law is to take effect as a State Law, the Attorney General is competent to institute proceedings against any person.
77		State v Okpegboro	The prosecutorial powers of the Attorney General extends to all Courts, except a Court Martial and so a State Counsel can institute proceedings on behalf of the AG even before a Magistrate Court.
78		Amaefule v State Edet vState	Although it is desirable for an Attorney General to withdraw an action against a person before bringing another case against them, but nothing affects the powers of the AG to take over proceedings at any stage of the proceedings.
79	Section 73 CPA Section 253 CPC	State v Chukwuma	Although the Constitution is silent on the procedure for the entry of a nolle prosequi, the AG has to come to Court in person to orally enter it, or duly authorize an Officer in his Dept by a written authority.
80		AG Kaduna State v Hassan Obasi  v The State	There is a difference btw powers of the AG to commence and take over proceedings and the power to enter nolle. The power of nolle is personal to the AG and cannot be exercised unless there is an incumbent in office.
81	Section 23 Police Act	Olusemo v COP Osahon v FRN	Power of prosecution of the Police
82	Section 59 CPA Section 143 CPC		Power of private persons to institute proceedings
83	Section 77 & 78 CPA Section 143 CPC		Mode of institution of proceedings
84		AG Federation v Clement Isong Okafor v State State v Akilu	Consent of the Judge is a condition precedent to filing an information in the High Court.
85		Abacha v State	An ordinary letter can suffice as a procedure for seeking consent to file an information.
86		Ghali v State	Consent is sought from the High Court Judge, not the Court. So if the consent is refused, another application is made to another Judge.
87	Section 69 ACJL		Consent of he Judge is no longer required
88		Ikomi v State	Where proof of evidence discloses a prima facie case, consent will be granted and vice versa.
89		Fred Egbe v State	Where consent is granted and the accused is aggrieved that the information and proof of evidence disclose no prima facie evidence against him, he may apply by motion on  notice that the information be quashed.
90	Section 2(1) CPA Section 375 ACJL	Edun v Inspector General of Police	Meaning of charge
91	Section 150 Section 200 Section 146 ACJL		Firms and contents of a charge
92	Section 151 & 152 (1) CPA	Okeke v IGP Ogbomor v State Osigwe v State	A charge must be clear and give an accused person adequate notice of the offence charged. (The Rule against ambiguity)
93	Section 156 CPA Section 212 CPC Section 152 ACJL	Okeke v Police	Every distinct offence committed shall have a separate charge and such charge shall be tried separately. (The Rule against duplicity.)
94	Section 156 CPA Section 212 CPC Section 152 ACJL		Every distinct offence committed shall have a separate charge sheet. (The Rule against misjoinder of offences.)
95		Haruna v The State	The test to determine in the course of the same transaction: proximity of time and place, continuity of action, community of purpose and design.
96	Section 155 CPA Section 221 CPC Section 151 ACJL	Okojie & ors v COP	Exceptions to the rule against misjoinder of offenders.
97	Section 166 CPA	Ogbomor v State Onakoya v FRN State v Gwonto	Effect of breach of rules of drafting charges
98	Section 162 & 163 CPA Section 207 & 208 CPC Section 154 & 155 ACJL	Uket v FRN Nigeria Airforce v Obiosa Okwechime v Police	Meaning and forms of amendment of charges.
99	Section 118 CPA Section 341 & 342 CPC		Bail by Court pending trial
100		Dantata v State Abacha v State Bamaiyi v State	Factors to consider in granting bail
101		Simidele v State Tanko v State	Procedure for application of bail: Summons in the South. Motion or Summons in the North.
102		Akunnia v AG Anambra State	The procedure for applying for bail pending apeal is by motion on notice.
103	Section 36 (1) & (4) CFRN 1999	R v University of Cambridge Garba v University of Maiduguri NBA v Akintonkun	Right to fair hearing within a reasonable time and in public
104	Section36 (6) (a) CFRN 1999	Maja v State	Right to be informed of offence charged
105	Section 179 (2) CPA; Section 218(2) CPC& Section 171 (2) ACJL	Odeh v FRN Nwachukwu v State Kareem v FRN	When an accused is charged with an offence, and a lesser offence is proved, he can be convicted of the lesser offence without need for an new charge.
106	Section 36 (5) CFRN 1999	Adebayo v State	Right to presumption of innocence
107	Section 36 (6) (b)  CFRN 1999		Right to adequate time and facilities for defence
108	Section 36 (6) (c) CFRN 1999	Uzodinma v COP Awolowo v Minister of Internal Affairs	Right to Counsel
109	Section 36 (6) (d) CFRN 1999	Tulu v Bauchi NA Idrisu v State	Right to examine witnesses called by Prosecution
110	Section 36 (6) (e) CFRN 1999	Ajayi v Zaria Native Authority	Right to interpreter at no cost Interpreter must be competent
111	Section 36 (8) CFRN 1999	Godwin Ikpasa v State Ogbomor v State	Right not be tried upon a retroactive legislation
112	Section 36 (9) CFRN 1999	Nafiu Rabiu v State State v Madu	Right to one trial for one offence Autre fois acquit and autre fois convict
113	Section 36 (10) CFRN 1999	Falae v Obasanjo Okeke v State	Right against trial for offence pardoned
114	Section 36 (11) CFRN 1999	Queen v Omisade Sugh v State	Right not to be compelled to give evidence Section 180 & 181 Evidence Act 2011
115	Section 36 (12) CFRN 1999	Aoko v Fagbemi AG Federation v Isong FRN v Ifegwu Udensi	Right to be tried only for an offence known to law. The offence must be defined and the punishment prescribed in a written law.
116	Section 210 CPA Section 153 CPC Section 234 ACJL		Every person charged with an offence shall be entitled to be present in Court during the whole of his trial.
117	Section 100 CPA & Section 154 (2) CPC		In simple offences punishable with fine not exceeding N100 or 6 months imprisonment, the presence of an accused is not mandatory
118	Section 223 (2) CPA		Where the Court is to investigate the question of the where an accused is of unsound mind, he shall not be present.
119	Section 282 CPA & Section 240 ACJL		Where both accused ands complainant are absent, the Court may issue a bench warrant, order notice to be issued or adjourn.
120	Section 36 (6) (c) CFRN 1999	Josiah v State Udo v State Udofia v State	Right of Counsel to present at the trial. In capital offences, the presence of Counsel is mandatory.
121	Section 215 CPA & Section 187 CPC	Kalu v State Yahaya v State	Meaning and elements of a valid arraignment.
122	Section 18 & 30 EFCC Act; Section 75 ACJL		Plea Bargaining
123	Section 131 – 133 Evidence Act		Burden of Proof
124	Section 36 (5) CFRN 1999	Oteki v AG Bendel State; Igabele v State	The burden of proof rests on the prosecution through out the trial
125	Section 139(1) Evidence Act	IGP v Anozie	The accused bears the evidential burden to prove exceptions/exemptions
126	Section 139 (3) (c)  Evidence Act	Onakoya v R	The accused bears the evidential burden to prove insanity/intoxication
127	Section 140 Evidence Act	Otti v IGP; R v Griliopolous	The accused bears the evidential burden to prove facts peculiarly within his knowledge
128	Section 140 Evidence Act	Onyenankeya v State; State v Azeez	Standard of proof in criminal cases must be beyond reasonable doubt
129		Bakare v State; State v Azeez; Shande v State	Where there is reasonable doubt, it must be resolved in favour of the accused
130	Section 1; 3-14 Evidence Act	Agunbiade v Sasegbon	Admissibility of evidence
131	Section 175 Evidence Act		Every person is competent to testify except if by reason of tender age, extreme old age, disease of the mind or body he is unable to understand the nature of questions and provide rational answers.
132	Section 209 (1) Evidence Act		A child below the age of 14 years does not understand the nature of an oath and cannot give sworn evidence
133	Section 209 (3) Evidence Act		A person shall not be liable to be convicted upon the unsworn evidence of a child except it is corroborated
134	Section 180 Evidence Act		An accused person is not competent to give evidence for the prosecution but is competent to testify for the defence
135	Section 179 & 182 Evidence Act		Either spouse is competent to testify when the other spouse is standing trial but cannot be compelled to give evidence without the consent of the accused
136	Rule 20 RPC	Idowu v Adekoya; Banque L’Afrique Occidental v Alh Shafardi	A Counsel is competent to testify, but it is not advisable for an accused to testify
137	Section 176 Evidence Act		A dumb witness may testify by writings or signs made in open court, which shall be oral evidence
138	Section 308(1) 1999 CFRN	Abacha v Fawehinmi Tinubu v IMB Securities	The President or Vice President, Governor or Deputy Governor cannot be compelled to give evidence
139	Section 1 Diplomatic Immunities and privileges Act	Zabursky v Isreali Aircraft Industries	Foreign diplomats and envoys plus their families and domestic staff (not being Nigerians) cannot be compelled to give evidence
140		Police v Jane	Magistrates have no power to issue subpoenas.
141	Section 214(1) Evidence Act		Meaning of examination in chief
142	Section 214(2) Evidence Act		Cross examination
143	Section 214(3) Evidence Act		Re-examination
144	Section 221(2) Evidence Act		Leading questions shall not be asked in examination in chief and re-examination
145	Section 221(3) Evidence Act		Leading questions may be asked in relation to maters that are introductory, undisputed or sufficiently proved.
146	Section 230 Evidence Act	Babatunde v State; Eson v State Ibeh v State	A party is not allowed to impeach the credit of his witness except such has first been declared a hostile witness
147	Section 215(2) Evidence Act		Examination-in-chief must relate to relevant facts
148	Section 223 - 228 Evidence Act		Questions that may or may not be asked in cross examination
149	Section 239 Evidence Act	R v Jimoh Amoo & ors Sunday Oyinlola v State	Refreshing memory
150	Section 67 Evidence Act	R v Loake; Hollington v Hawthorn & Co Ltd	Opinion evidence: generally irrelevant and inadmissible
151	Section 68-72 Evidence Act	Oguenzee v State Ajani v Comptroller of Customs, Adedibu v Adewoyin	Opinion of experts and non experts where relevant and admissible
152	Section 88, 89 and 125 Evidence Act		The contents of documents must be proved by the production of the documents in evidence.
153	Section 83 Evidence Act	Okonji v Njokanma ACB v Gwagwada Torti v Ukpabi	Admissibility of documentary evidence
154	Section 85 Evidence Act		The contents of a document may be proved either by primary or secondary evidence
155	Section 88 Evidence Act		Documents shall be proved by primary evidence except in the cases in which secondary evidence may be given.
156	Section 49 Evidence Act		The written statement of an Investigating Police Officer may be admitted in evidence by the Court.
157		Ekpo v State	The evidence of an IPO may or may not be hearsay. It is hearsay and inadmissible where the IPO merely repeats what the nominal complainant said to him, but it is not hearsay where he testifies as to his role in the investigations.
158	Section 37 & 38 Evidence Act		The rule against hearsay.
159	Sections 39 – 45  Evidence Act		Exceptions to the hearsay rule
160	Section 246 Evidence Act	Uso v COP Okoduwa v State	Power of the Court to put questions to witnesses to attain a just determination of the case.
161	Section 200 CPA; Section 237 CPC; Section 197 ACJL	Onuoha v State Police v Olatilewa	Power of a Court to call or re-call witnesses
162	Section 286 CPA; Section 191 CPC; Section 243 ACJL	Suberu v The State	No case submission
163
164		R v Coker; Emedo v State; Ubanatu v COP, Ibeziakor v Commissioner of Police	Conditions for the successful plea of a no case submission.
165	Section 301 CPA; Section 191 (5) CPC;	Nwali v IGP; Mohammed v State; IGP v Marke	The effect of a discharge after upholding a no case submission is an acquittal.
166		Ekanem v R; Mogaji v Odofin Bello	Where a Court overrules a no case submission, he should deliver a brief ruling.
167		Atano v AG Bendel; Mogaji v Odofin Bello	The lengthy ruling of a no case submission is not enough to vitiate a trial, provided that the Judge did not thereby fetter his discretion.
168		Mumuni v State; Okoro v State; Dabo v State	If a Court wrongly overrules a no case submission and the accused participates in the trial and supplies the evidence that incriminates him, the conviction will be set aside.
169	Section 287 CPA		The option(s) available to an accused person at the close of the prosecution’s case.
170	Section 288 CPA		Failure of a Judge to inform the accused of his options will not vitiate the trial so long as the Court called the accused for his defence.
171	Section 241 & 243 CPA		Right of reply of prosecution where an accused rests his case on the prosecution.
172	Section 289 CPA		Ex improviso rule
173	Section 207 CPA; Section 243 CPC; Section 205 ACJL		Visit to locus in quo.
174	Section 127(2) Evidence Act	COP v Olaopa R v Dogbe	Procedure for conduct of locus in quo: the Court either adjourns to the locus and continue proceedings there until it reconvenes in the Court or the court may make an inspection of the locus and subsequently take evidence in Court.
175	Section 207(2) CPA; Section 243(2) CPC; Section 205(2) ACJL	Adunfe v IGP	An accused person shall be present at the venue of the locus in quo.
176	Section 241 & 242 CPA	Aremu v AG Bendel; Awobotu v The State	Where a Law officer (Attorney General of the State or Federation, Solicitor General of the State of Federation or a Federal or State Counsel) is prosecuting, he always has a right of reply.
177	Section 245 CPA; Section 268 & 269 CPC; Section 279 ACJL		Contents and form of a valid judgment.
178		Queen v Fadina; Unakalamba v COP; Abiola v FRN	Judgments must be in writing at the time of delivery.
179		Okoruwa v State, Osayande v COP	Magistrate Courts in the South are permitted to deliver oral judgments.
180		Aigbe v State; Onafowokan v State	Judgments must contain the decision of the Court on the point or issue raised.
181		Willie John v State	Judgment must contain the reason for the court’s decision not just to state “I believe” or “I don’t believe.”
182		Haruna v University of Agric, Makurdi; Ajayi v State	Judgments must be dated, signed or sealed. Where a Judge signs not immediately after the judgment but after some ancillary orders, the judgment is valid.
183	Section 269(1) CPC		Judgments must bear the seal of the Court.
184		Nwaefulu v The State; Mohammed v IGP	The effect of not complying with the provisions of the law on the contents and form of a good judgment is that the judgment will be nullified.
185	Section 294(1) 1999 CFRN		Judgment shall be delivered within 90 days from the final addresses or close of evidence.
186	Section 294(5) 1999 CFRN		The decision of a Court shall not be set aside merely because it was not delivered within 90 days unless such non compliance occasioned a miscarriage of justice.
189	Section 247 CPA	IGP v Tegbe	Allocutos is a plea made by an accused person or his counsel after a finding of guilt but before the Court pronounced his sentence. It has no bearing on the question of guilt.
190		Enahoro v Queen	The role of the prosecution during sentencing is to supply information on the criminal records of the accused and not to ask for the maximum punishment.
191	Section 248 CPA		Where the Court finds the accused guilty, the next thing is to pass a sentence on him or make an order.
192		Oyediran v State	The Court must first convict i.e. passed a verdict of guilty on the accused before sentencing.
193		Adesina v Police; Yesufu v IGP	For every distinct count of which an accused is convicted, there must be a separate sentence.
194	Section 249 CPA; Section 258 CPC		The Court in passing a sentence on a convicted person may take into consideration any other charge pending against the accused if the accused admits the other charge and desires that it be taken into consideration and if the prosecutor of the other charge consents (in the North it is the consent of the AG that is required). An accused shall not then be liable to be tried in respect of any such offence taken into consideration except such conviction is set aside on appeal.
195	Section 367(1) & (2) CPA		How a sentence of death is pronounced.
196		Gano v State	The mode of execution of death sentence in Nigeria is by hanging.
197	Section 368(2) CPA; Section 270 & 300 CPC		Sentence of death cannot be passed on a woman found to be pregnant at the time of the conviction, instead it is commuted to life imprisonment.
198	Section 368(3) CPA	Modupe v State	Death sentence cannot be passed on a offender who has not attained the age of 17 years at the time the offence was committed. Overruling R v Bangaza.
199		Okeke v The State	The judiciary has no power to grant pardon or exercise prerogative of mercy, so all applications should be addressed to the Advisory Council.
200	Section 282 CPA; Section 23 CPC	Price Control Board v Ezema	Power of the court to impose sentence of fine.
201	Section 388 CPA		Caning may be inflicted in addition or in lieu of any other form of punishment. It shall be applied with a light rod, not to exceed 12 strokes, shall not be passed on women or men above the age of 45 years, not to be executed in installments and shall not be passed on a person under the sentence of death.
202	Section 307 CPA		Haddi lashing applicable only in the North and only inflicted on Muslims and in relation to the offence of adultery, alcohol, defamation and injurious falsehood.
203	Section 359 CPC		Forfeiture may be imposed in addition to or in lieu of any other form of punishment.
204	Section 243(a) 1999 CFRN		Right of appeal in criminal proceedings exercisable by the accused person and the prosecution.
205		Pan African Bank v State	A person affected by the decision of a Court though not being a party has a right to appeal against that decision.
206	Section 259 CFRN 1999		Case stated as distinguished from appeal.
207	Section 272 1999 CFRN		Jurisdiction of a State High Court to include criminal proceedings which originate in the High Court and those brought before the High Court by way of its appellate or supervisory jurisdiction.
208	Section 68 & 69 1999 CFRN		Grounds on which an aggrieved party may appeal.
209	Section 281 CPC		Notice of appeal in High Court is filed within 30 days of the date of delivery of judgment in the case of a decision of sentence of imprisonment and 15 days if the sentence is caning.
210	Order 17 Rule 18 CA Rules 2011	Awojobi v Ogbemudia	Abandonment of appeal
211		R v Rowe	A criminal appeal, other than an Appeal against sentence of fine shall abate on the death of the Appellant.
212	Section 240 1999 CFRN		Jurisdiction of the Court of Appeal to hear appeals in criminal cases.
213		Adekeye v State	Where there are separate appellants, there must file separate notices of appeal.
214	Order 17 Rule 4 CA Rules 2011	State v Jammal	The procedure for appeal is to file a notice of appeal or notice of application for leave to appeal signed by the Appellant himself.
215	Section 24(2)(b) CA Act		The period for giving notice of appeal or application for leave to appeal in Court of Appeal is 90 days from date of delivery of judgment.
216	Section 24(3) CA Act		Where application for leave to appeal is made to the High Court and is refused, the appellant has a further period of 15 days to make another application to the Court of Appeal.
217	Order 17 Rule 6 CA Rules 2011		Where an application for leave to appeal is given, it shall not be necessary for the Appellant to still give notice of appeal as the grant of the application is deemed to be the notice of appeal.
218	Order 17 Rule 5 CA Rules 2011		Where an appellant is out of time to file any of the notices or an application, an application for extension must be made to the Court of Appeal.
219	Order 17 Rule 7 CA Rules 2011		Registrar of the High Court compiles record of appeal and transmits same to the Registrar of the Court of Appeal.
220	Order 17 Rule 8 CA Rules 2011		Notice of abandonment of appeal
221		Bello v AG Oyo State	Notice of Appeal filed by a convicted person operate as a stay of execution.
222	Order 18 CA Rules 2011	Nwali v State	Time for filing brief of arguments in Court of Appeal:  Appellant brief: 45 days Respondent’s brief: 30 days Reply brief: 14 days
223	Order 18 Rule 9(3) CA Rules 2011		Each party is allowed 40 minutes oral argument unless otherwise directed.
224	Section 233(2) 1999 CFRN		Appeal lies from decisions of the Court of Appeal as of right or with leave to the Supreme Court.
225	Section 234 1999 CFRN		Constitution of Supreme Court is 5 Justices but where the Court is sitting to consider an appeal from Section 233(2) (b) or (c) CFRN 1999 then 7 Justices.
226	Section 27(2)(b) Supreme Court Act		Notice of Appeal or Notice of application for leave to appeal to appeal is filed within 30 days of the delivery of the judgment sought to be appealed.
227	Section 30(1) Supreme Court Act		An accused is not under legal obligation to be present at the hearing of his appeal but if he desires he shall be entitled to be present.
228			Time for filing brief of arguments in Supreme Court: Appellant brief: 10 weeks Respondent’s brief: 8 weeks Reply brief: 4 weeks
229	Order 6 Rules 6(a) Supreme Court Rules		10 Copies of all briefs are required to be filed in the Supreme Court.
230		Yesufu Abodunde v R	The conditions for ordering a re-trial