By David D. Ihua-Maduenyi, Esq.

INTRODUCTION:

The Administration of Criminal Justice Act, and the Laws of the various States of the federation have indeed introduced novel provisions, which now govern the way and manner criminal trials are conducted in the courts. Since the bulk of criminal cases are conducted by the Magistrates, it is very necessary for the Magistrates to actually know and understand the roles required of them by the Act/Laws.

This no doubt will also assist legal practitioners, litigants and the general public to understand what the Magistrates can do under the Act/Laws.

The Magistrates sits in courts to adjudicate cases brought before them daily. Apart from other administrative duties which the Magistrate does while in chambers, the Magistrate also does his work even at his residence. Part of the work involve reading, writing and conferring with other of his colleagues, by phone calls and oral talk, on legal issues, all aimed at ensuring that justice is dispensed properly and according to law in the cases before them.

Thus, it is good to remind ourselves what the role of the Magistrate in trials is. The summary of the answer is not far-fetched.

“The role of a trial court (Magistrates) in any proceedings be it criminal or civil is to hear evidence, evaluate the evidence, believe or disbelieve witnesses, make findings of fact based on the credibility of the witnesses who testified and decide the merit of the case based on the findings”.¹

The roles of the Magistrates involve the examination of the powers and duties which the law permits the Magistrates to exercise while adjudicating over a cause or matter. And in this writing, it is the roles permitted under the Administration of the Criminal Justice Act/ Law that will be discussed.

WHO IS A MAGISTRATE?:  According to the Black’s Law Dictionary²  a Magistrate is “ a judicial officer with strictly limited jurisdiction and authority, often on the local level and often restricted to criminal cases”.

In very simple term, a ‘Magistrate’ is the name of the Judge or Judicial Officer who sit to decide cases at the courts known as Magistrate courts.

The constitutional foundation for the Magistrate courts is SECTION 6 of the CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (CFRN) 1999 AS AMENDED.

6 (2) The judicial powers of a state shall be vested in the courts

            To which this section relates, being courts established

            Subject as provided by this constitution for a state.

       (4) Nothing in the foregoing provisions of this section shall be

            Construed as precluding-

             (a)  The National Assembly or any House of Assembly from

                   Establishing courts, other than those to which this section

                   Relates, with subordinate jurisdiction to that of a High

                   Court.

          (5)  (k) such other courts as may be authorized by law to

                     Exercise jurisdiction at first instance or on appeal

                    On matters with respect to which a House of Assembly

                   May make laws.        

It is from the above provisions that the Houses of Assembly created the Magistrate Courts. In Rivers State, the specific law which created the Magistrates Courts and Magistrates is the RIVERS STATE MAGISTRATES’ COURTS LAW³.

Magistrates Courts are created as Courts of Summary Jurisdiction, in both civil and criminal matters. The Supreme Court has explained the meaning of summary jurisdiction in the case of MOHAMMED V. COP⁴.

Also, in COP V. OKOYE⁵, It was explained that, a summary trial is therefore a short, not long proceeding that does away with the rigours of full trial, hearing of witnesses or tendering of the evidence. Summary trial allows for the conviction of a defendant based upon his/her plea of guilty to an indictable offence (other than capital offence or offences punishable with life imprisonment).

WHAT IS TRIAL: “Trial is a formal judicial examination of evidence and determination of legal claims in an adversary proceeding”.⁶

Criminal trials and criminal proceedings mean one and the same thing, and can be used interchangeably.

Criminal Trial/ Proceeding is “a proceeding instituted to determine a person’s guilt or innocence or set a convicted person’s punishment; a criminal hearing or trial”.⁷

The criminal jurisdiction of the Magistrate is as stated in the various Magistrates Court Laws of the different States in Nigeria. For the Rivers State, which is the subject of this discuss; it is Sections 17, 19 and 20 of the Rivers State Magistrates’ Court Law No. of 2004.

And the territorial jurisdiction of a magistrate in Rivers State is as provided in Section 5 (1), which provides that, “every Magistrate shall have jurisdiction throughout the state, but may be assigned to any specific District or transferred from one District to another by the Chief Judge”.⁸

Practice and procedure in the conduct of criminal proceedings is now regulated by the Administration of Criminal Justice Act 2015, which came into force on 13th May, 2015. Various States of the federation have replicated the laws in their States. Notably, Lagos State was the first to enact such law, and it was called Administration of Criminal Justice (Repeal and Re-enactment) Law 2011, and it came into force on 8th August, 2011. The Rivers State law The Rivers State Administration of Criminal Justice Law No. 7 0f 2015, which into force on 17th September, 2016. The purpose of the Act is:

“to ensure that the system of administration of criminal justice Law in Rivers State promotes the efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of a suspect, defendant, and victim”.

The Magistrate (the courts) is involved in the implementation of the criminal justice administration, together with other institutions that are recognized as being involved in the overall administration of the criminal justice system, like the Police, the Correctional Service, the Bar and other relevant Non-Governmental organization, etc. All need to work together to make the system efficient. As the Administration of Criminal Justice Act /Law puts it-

“The Courts, law enforcement agencies and other authorities or persons involved in the criminal justice administration shall ensure compliance with this law for the realization of its purposes”.

 

PROCESSES INVOLVED IN CRIMINAL TRIALS

 The process of Criminal justice administration starts with:

The receipt of complaints from persons;

Arrest of suspect;

Arraignment of suspect to court; and

Trial processes up to Sentencing.

The Magistrate is the Judge or Arbiter of the above processes especially in proceedings conducted through the Magistrate courts.

The court is the ONLY “door-way” for the “admission” and or reception of persons into the prison custody. And a bulk of the inmates passes through the court nay, the Magistrates Courts.

 

THE ROLE OF THE MAGISTRATES IN THE ADMINISTRATION OF CRIMINAL JUSTICE ACT/LAWS

The roles of the Magistrates in this discuss is divided into three parts, i.e.  Pre-arraignment role; Role upon arraignment; and Post arraignment roles. Specific reference would be made to the Rivers State Law in this discuss. But the Act and Laws of the various States have similar provisions regulating the area covered here.

  1. PRE-ARRAIGNMENT ROLES OF THE MAGISTRATE:

The Magistrate has the following roles to play in the pre-arraignment processes in criminal proceedings;

  1. POWER TO ARREST- The Magistrate is empowered to arrest or order the arrest of person committing an offence in his presence. Section 24 and 25 of the Administration of the Criminal Justice Law (ACJL) N0. 7 OF 2015.
  2. POWER TO VISIT POLICE STATIONS AND OTHER PLACES OF DETENTION- The Magistrate has the duty to conduct monthly inspection of police stations and other places of detention (other than the prison), as approved and designated by the Chief Judge. See Section 34 (2) – (5) of the ACJL.
  3. WARRANT PROCESS-The magistrate is involved in the issuance of warrant of the arrest of persons.-section 36 (1) of the Rivers State Administration of Criminal Justice Law No. 7 of 2015.
  4. PUBLIC SUMMONS- The magistrate is involved in the issuance of public summons against a suspect.-section 41 and 42 of the R/S ACJL.
  5. REQUIREMENT FOR RECOGNISANCE FOR KEEPING THE PEACE- the magistrate has the power to require a suspect to enter into an undertaken to keep the peace.-section 54 ACJL.
  6. SECURITY FOR GOOD BEHAVIOUR FOR SUSPECTED PERSONS- the Magistrate has the power to issue an order requesting suspected persons to be of good behavior.
  7. SECURITY FOR GOOD BEHAVIOUR FOR HABITUAL OFFENDERS-section 56 ACJL. The Magistrate has the power to order habitual offenders to enter into recognisance.
  8. POWER TO REJECT SURETIES- section 67 ACJL; the Magistrate has the power to refuse to accept a surety on the ground that the surety is an unfit person.
  9. POWER TO ORDER REMOVAL OF NUISANCE- sections 72, 76 and 79 ACJL; the Magistrate has powers to issue an order requiring a suspect to remove or amend the cause of the nuisance.
  10. POWER TO ATTACH PROPERTY-section 80 ACJL; the Magistrate has the power to issue an order to attach a property either movable or immovable or both, belonging to a suspect (the suspect of a public summons or warrant).
  11. POWER TO ACCEPT COMPLAINTS DIRECTLY FROM PERSONS-section 89 ACJL.

This provision is novel. Before now, all complaints have to be made to the police, who may choose whether or not to accept, and or to investigate same. By this provision, a person can make a complaint directly to the Magistrate. And the Magistrate is empowered to direct the police to investigate same and report back to the court.

  1. THE POWER OVER CASES FOR WHICH IT HAS NO JURISDICTION- Sections 98 and 99.

This is akin to what is popularly known in legal parlance as “Holding Charge”, or “Remand Proceedings”.

There is a difference between “Arraignment” and “Remand Proceedings”. The former involves the reading of the charge to the defendant, and the response of the defendant to the reading, by way of his acceptance or denial of the allegation read out, which is known as Plea. The acceptance of the allegation is a plea of Guilty, while a denial of the allegation is a plea of Not Guilty. It is only when the above procedure has taken place that it will be said that arraignment has taken place. On the other hand, the latter one, Remand proceedings means to send to prison or send back to prison from a court, to be tried latter, after further inquiries have been made. Hence the phrase ‘remanded in custody’. In this case, the charge may or may not be read out to the defendant. And no plea is taken or recorded by the Magistrate. See the case of LUFADEJU V. JOHNSON.⁹

A lot of cases brought before the Magistrates fall into the category of the remand proceedings, also called “Awaiting Trial Matters”. The ACJL has made provisions for them, and so a Magistrate is required to-

i). send the case file and all processes within a reasonable period not later than 7 days to the head of court for reassignment to that other court.

ii). where appropriate, remand the suspect charged in custody.

iii). or, require the suspect so charged to give security for his attendance before that court to answer to the charge and be dealth with accordingly.

  1. POWER TO ISSUE SEARCH WARRANT-section 150 ACJL. The Magistrate has power to issue search warrant within the local limit of his jurisdiction.
  2. POWER TO DISPOSE PERISHABLE ITEMS- section 161 ACJL. The Magistrate has the power to direct the disposal of perishable articles or items of noxious nature recovered in course of a search warrant.
  3. POWER TO COMPEL APPEARANCE OF A SUSPECT; section 120 ACJL the Magistrate has the power to compel the appearance of a suspect.

Note that the summons may be served or issued on any day including Sunday or a public holiday- section 123 ACJL.

A summons, warrant or other process issued under a law shall not be invalidated by reason of the Magistrate who signed, being dead, ceasing to hold office or having jurisdiction-section 146 ACJL.

  1. POWER TO ORDER THE PRODUCTION OF DETAINEE IN PRISON, POLICE STATION OR OTHER PLACE OF DETAINMENT- section 166 ACJL

NOTE: This power is different from that in Section 34 (2-5) of the ACJL, which the Magistrate exercises during Monthly Visitations.

 

  1. POWERS OF THE MAGISTRATE UPON ARRAIGNMENT
  2. POWER TO GRANT BAIL- section 165 ACJL; where a person who is suspected of having committed an offence or is accused of an offence, is arrested or detained or is brought before a court. The Magistrate has the powers to grant bail to such person.

Bail is the means by which a suspect or a defendant who may be put in custody pending the determination of the case, is released to be free, until the conclusion of the trial and the handing down of a verdict. Bail is the temporary release from custody of a person accused or convicted of an offence, upon security being given by him or some person or persons for his appearance to stand his trial or prosecute his appeal. See SULEMAN V. COP.¹⁰

There are FOUR instances that would require bail at the Magistrates courts.

  1. where a suspect is arrested detained or charged with a capital offence punishable with death. Only the Judge of the High Court has the power to grant bail, and upon exceptional circumstances only- see Section 168 of the ACJL. And ADAMU V. FRN.¹¹
  2. where a defendant is charged with an offence punishable with imprisonment for a term exceeding 3 years. In this case, the defendant so charged has to apply to the Magistrate for bail. The Magistrate has the discretion on whether or not to release the defendant on bail. See Section 169 ACJL.
  3. where the person charged to court is outside the cases in A and B above, in this case, the person has the right to be released on bail by the Magistrate. Unless the Magistrate see reasons not to release the defendant on bail. See Section 170 ACJL.
  4. where a defendant is brought to court on a process outside A, B and C above, the Magistrate has the power to release the defendant upon he/she entering upon recognizance as provided by the law. See Section 171 ACJL.
  5. POWER TO ALTER OR AMEND CHARGES -section 223 ACJL.
  6. POWER TO ORDER RECALL OF WITNESS UPON OR AFTER AMENDMENT OF CHARGE-section 226 ACJL.
  7. POWER TO CONVICT FOR AN OFFENCE NOT SPECIFICALLY CHARGED- sections 230/236 ACJL.
  8. POWER TO ISSUE SUMMONS TO WITNESSES-section 248 ACJL.
  9. POWER TO COMPEL A PERSON PRESENT IN COURT TO GIVE EVIDENCE OR PRODUCE ANY DOCUMENT-section 255 ACJL.
  10. POWER TO VISIT LOCUS-section270 ACJL.
  11. DUTY TO ENABLE THE COMPLAINAT AND DEFENDANT TO CONDUCT THEIR CASES-sections 274, 307 to 311 ACJL.
  12. INVOLVEMENT OF MAGISTRATE IN PLEA BARGAIN AND PLEAS GENERALLY- section 277 ACJL.
  13. POWERS OVER SUSPECT IN APPLCATION FOR REMAND –section 300 ACJL

This provision is used when no formal charge has been framed yet, as the case file is still be put together, because investigation is still on going. Yet those arrested are still being held for a period longer that allowed. Then, upon necessary application, the Magistrate can properly order the suspect to be formally remanded in custody for the periods allowed by law.

  1. POWER TO GRANT OR REFUSE STAY OF PROCEEDINGS IN CRIMINAL MATTERS-section 313 ACJL.
  2. DUTY TO CONSIDER THE CASE PUT FORWARD BEFORE THE COURT-section 314(1) ACJL.
  3. DUTY TO PRONOUNCE FINDINGS IN OPEN COURT- section 314(2) ACJL.
  4. POWER TO SENTENCE –section 320 ACJL.

 

  1. POWERS OF THE MAGISTRATES AFTER TRIAL
  2. POWER TO AWARD COMPENSATION TO VICTIM section 321 ACJL.
  3. POWER TO AWARD COST, DAMAGES AND RESTITUTION etc.-section 326 ACJL.
  4. POWER TO ORDER DISPOSAL OF PROPERTY PENDING TRIAL OR AFTER TRIAL- sections 337 and 338 ACJL.
  5. POWER TO ORDER SEIZURE FOR FORFEITURE, CONFISTICATION AND DESTRUCTION OF INSTRUMENT OF CRIME – section 340 ACJL.
  6. POWER OF RESTORATION OF POSSESION OF IMMOVABLE PROPERTY TO A VICTIM- section 343 ACJL.
  7. POWER TO ORDER RE-PAYMENT TO INNOCENT BUYER- section 347 ACJL.

CONCLUSION

I have been able to highlight some of the Roles of the Magistrates in the Administration of Criminal Justice Act/Law. There are many more roles which the law provides.  They are all geared towards the protection of the society from crime, protection of the rights and interests of the suspects, the defendants, and the victims.

By and large, the co-operation and prompt performances of the other institutions and relevant stakeholders in this justice sector, is definitely required to make the administration of our criminal justice system efficient, and for the laudable aims and objectives of the Act/law to be achieved. If this is done, then all will be better for it.

 

ENDNOTES

Mr. IHUA-MADUENYI, is a Chief Magistrate with the Rivers State Judiciary.

[email protected]; [email protected]

234-8037064151.

  1. ODIOK V. STATE (2008) ALL FWLR (PT.421)797 AT 811.
  2. 8 ED. PAGE 970.
  3. NO. 2 OF 2004.
  4. (2008) ALL FWLR (PT. 949)1466 AT 1479.
  5. (2012)14 NWLR (PT.1320) 376.
  6. BLACKS LAW DICTIONARY 8 ED. PAGE 1543.
  7. OP. CIT. PAGE 1543.
  8. RIVERS STATE MAGISTRATES COURT LAW NO. 2004.
  9. (2007) ALL FWLR (PT. 371) 1532 AT 1559.
  10. (2008) ALL FWLR (PT. 425) 1653 AT 1672.
  11. ADAMU V. STATE (2008) ALL FWLR (PT. 425) 1796.