Tag: Criminal Procedure
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Is It Fair to Charge Someone to Court While Investigation Is Still Ongoing?
Is it fair to charge someone to court while investigation is still ongoing? This article examines the Nigerian legal position, including the distinction between an incomplete investigation and an insufficient evidential basis for a criminal charge.
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What Is a Bail Bond in Nigeria? A Simple Legal Guide
A bail bond is a key requirement for securing release after arrest in Nigeria. This guide explains what a bail bond is, the role of sureties, and what happens if bail conditions are breached.
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Terrorism Offences in Nigeria: Core Principles, Elements, and Procedural Touchpoints
Terrorism offences in Nigeria involve complex legal requirements, from defining the offence to proving the necessary elements and following the applicable criminal procedure.
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Principles Governing Arrests in Nigeria
Arrest in Nigeria is governed by legal safeguards that regulate when a person may be arrested and protect the rights of individuals during the process.
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Trial De Novo in Nigerian Courts: Meaning, Principles, and Legal Implications
Trial de novo allows a case to be heard afresh in appropriate circumstances. This post explains its meaning, application and when Nigerian courts may order a fresh hearing.
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Forfeiture Proceedings in Nigerian Law
Forfeiture proceedings in Nigeria are governed by legal rules and procedures that determine when property may be seized or forfeited.
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How Nigerian Courts Decide Bail Applications
When considering a bail application, Nigerian courts assess several factors that may influence whether bail is granted or refused.
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Fiat in Criminal Prosecution: Meaning, Duration, and Court’s Power to Question It
A fiat in criminal prosecution raises important questions about its scope, duration and the extent to which a court may question its validity.
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Can Criminal Proceedings Be Stayed Pending Appeal?
Filing an interlocutory appeal does not automatically stop a criminal trial in Nigeria. The law generally requires criminal proceedings to continue despite a pending appeal.
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Can a Nigerian Court Grant Bail After Initially Refusing It?
A refusal of bail does not always end the matter. Nigerian courts may reconsider a further application where the circumstances and applicable law justify doing so.
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The Administration of Criminal Justice Act (ACJA) 2015 Explained
The Administration of Criminal Justice Act (ACJA) 2015 introduced important reforms to Nigeria’s criminal justice system. This article explains the purpose, key provisions and practical significance of the ACJA, including protections against arrest by proxy, safeguards relating to confessions, bail, plea bargaining, witness protection and non-custodial sentencing.