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A TRIAL BY A COURT IS THE ONLY PERMITTED WAY TO PROVE GUILT – EXCLUSIVE TO THE COURT

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ACTION CONGRESS v INEC (2007) 12 NWLR (Pt. 1048) 220 at 259 – 260, as follows: “The disqualification in Section 137(1) clearly involves a deprivation of right and a presumption of guilt for embezzlement or fraud in derogation of the safeguards in Section 36(1) and (5) of the Constitution. The trial and conviction by a Court is the only constitutionally permitted way to prove guilt and therefore the only ground for the imposition of criminal punishment or penalty for the criminal offences of embezzlement or fraud. Clearly, imposition of the penalty of disqualification for embezzlement or fraud solely on the basis of an indictment for those offences by an Administrative Panel of Enquiry implies a presumption of guilt, contrary to Section 36(5) of the Constitution of the Federal republic of Nigeria, 1999, whereas, conviction for offences and imposition of penalties and punishments are matters appertaining exclusively to judicial power.” See also on this: AMAECHI v INEC & ORS (2008) LPELR-446(SC) at pages 49-51, paras. E F; OMOWAIYE v A.G. OF EKITI STATE & ANOR (2010) LPELR-4779(CA) at pages 28 – 28, paras. A F, per Nweze, JCA (as he then was); and ABDULKARIM & ORS v SHINKAFI & ORS (2008) LPELR 3555(CA) at pages 24 32, paras. A C.

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offence, trial

IT IS THE PRIMARY DUTY OF TRIAL COURT TO ASSESS WITNESSES

I fully subscribe to the well settled position of the law that an appellate Court which had not seen the witnesses testify and observe their demeanour in the witness stand, should respect the views of a trial Court and should not readily substitute its own views except where it is shown that the conclusion reached by the Court below was perverse. An appellate Court must always bear it in mind that the primary function of assessing the quality of evidence and ascribing probative value thereto is that of the trial Court, which heard and saw the witnesses testify. Thus, it is only when the findings of the trial Court have been demonstrated to be perverse as not flowing from the established and proved evidence or hinged on extraneous matters or for whatsoever other reasons not correct that an appellate Court would intervene to disturb such findings of fact and re-evaluate the evidence on the printed record, if so called upon by the Appellant to make proper findings in accordance with the dictates of justice. See Saeed v. Yakowa (2013) All FWLR (P. 692) 1650 @ p. 1681. See also Layinka v. Makinde (2002) FWLR (Pt. 109) 1557 @ p. 1570; Martins v. COP (2013) All FWLR (Pt. 666) 446 @ p. 460; Obajimi v. Adeobi (2008) 3 NWLR (Pt. 1075) 1 @ p. 19. See also Owor v. Christopher (2010) All FWLR (Pt. 511) 962 @ p. 992; Sogbamu v. Odunaiya (2013) All FWLR (Pt. 700) 1247 @ p. 1307.

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

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A LEGISLATIVE HOUSE CANNOT TRY AN OFFENCE

Under section 32 of the Cap. 208 above, if the 1st defendant was of the view that the plaintiff had committed an offence under section 24 above, all it could do was to give information in writing through its speaker to the Attorney-General of the Federation so that the plaintiff could be prosecuted. Having determined that the plaintiff had committed an offence against it, the duty which the law imposes on the 1st defendant was clear. There was nothing left to it or its committee to further investigate, once a determination was made that an offence had been committed.

– Oguntade, JCA. El-Rufai v. House of Representatives (2003)

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STATUTE SETTING TRIAL TIME LIMIT IS VOID

Bello, JSC, (later CJN, now of blessed memory) in the case of Unongo v. Aku and Ors. (1983) 14 NSCC 563 at 577-578 thus – “One of the powers which has always been recognised as inherent in courts has been the right to control their internal proceedings and to so conduct the same that the rights of all suitors before them may be safeguarded in such a manner that all parties are given ample opportunity to prosecute or defend the cases for or against them without let or hinderance. The old adage that delay of justice is denial of justice has the same force as the maxim that hasty or hurried justice is also a denial of justice. On this account any statute which prescribes time limit within which a trial court must try and determine cases or within which an appeal court must hear and determine appeals is inconsistent with the provisions of Sections 4(8) and 6(9)(b) of the Constitution and is therefore void by virtue of Section 1(3) of the Constitution.”

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WHAT IS A SUMMARY TRIAL IN CRIMINAL CASES?

A summary trial is therefore a short proceeding that does away with the rigours of a full trial, hearing of witnesses or tendering of documents. It is a proceeding that settles a controversy or disposes of a case in a relatively prompt and simple manner. It entails immediate action without following the rigmarole in normal legal procedure. As a matter of procedure, summary trial allows for conviction of an accused person based on his or her admission of guilt to an indictable offence other than capital.

– A. Jauro JSC. Balogun v. FRN (2021)

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ASSESSMENT OF WITNESS IS WITHIN THE PROVINCE OF THE TRIAL COURT

In the case of Afolalu v. The State (2012) vol. 10 LRCNCC 30 at 40, ratio 13; (2010) 16 NWLR (Pt. 1220) 584, when this court held, inter alia, that: “The assessment of credibility of a witness is a matter within the province of the trial court as it is the only court that has the advantage of seeing, watching and observing the witness in the witness box. The court also has the liberty and privilege of believing him and accepting his evidence in preference to the evidence adduced by the defence. On the issue of credibility of witnesses, the appraisal of evidence and the confidence to be reposed in the testimony of any witness, an appellate court cannot on printed evidence usurp the essential function of the trial court which saw, heard and watched the witnesses testify.”

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A PERSON CAN ONLY BE CHARGED FOR A LAW THAT EXISTS

An accused person charged for an offence can only be charged under the law that creates the offence. Such a law must be in force at the time the offence was committed. There is no provision in our Constitution to charge an accused person under a law that was not in existence at the time the conduct complained of manifested, or to create an offence to crirnimalise a conduct after the act. A trial conducted under a law that has been repealed, no matter how well conducted and decided is a nullity. See Ogbomor v. State (1985) 1 NWLR (Pt.2) p.223.

– Rhodes-Vivour, JSC. Nwankwoala v FRN (2018) – SC.783/2015

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