INSTITUTING A CRIMINAL PROCEEDING BEFORE THE APPROPRIATE COURT

Image courtesy: The Street Journal

It is the responsibility of a prosecutor to ensure that he institutes an action in the proper court. Where a charge is brought against any person in the wrong court, the court will deny jurisdiction either suo motu or upon the preliminary objection raised by the opposing counsel. The case of illegal arms importation and terrorism charge brought against the owner of Amigo supermarket and three other Lebanese instituted by the Prosecutor, Cliff Osagie was on Wednesday 19th June, 2013 struck out by the Court upon the application of withdrawal by the Prosecutor.

If the question on your lips is whether there's something fishy about this latest event, you need not be bothered. The issue here is in respect of jurisdiction.

Jurisdiction as a term simply means a court's power to decide a case or matter. In criminal cases, a court possesses jurisdiction once it is competent to try any person or persons of any allegation of crime. In Nigeria the jurisdiction to hear, determine and punish for any offence is classified into two. There is a general criminal jurisdiction; whereby courts have jurisdiction over different classes of offenders and in respect of different offences, and special criminal jurisdiction; where courts exercise jurisdiction over a particular class of offenders or particular types of offences.

Examples of courts of general jurisdiction are Customary Courts, Area Courts, Magistrate Court, High Courts, the Court of Appeal and the Supreme Court while examples of court of special criminal jurisdiction are The Federal High Court, Juvenile Courts, Courts-Martial and Coroner's Court.

It is the responsibility of the prosecutor to ensure that he institutes a criminal proceeding in the court vested with the criminal jurisdiction to try the particular offence or offender.

Criminal jurisdiction in respect of an offence of terrorism is vested on the Federal High Court by virtue of section 32 Terrorism (Prevention) (Amendment ) Act, 2013.

It provides:

"32. (1) The Federal High Court located in any part of Nigeria, regardless of the location where the offence is committed, shall have jurisdiction to -

(a) try offences under this Act or any other related enactment;

(b) hear and determine proceedings arising under this Act; and

(c) whether or not the offence was commenced in Nigeria and completed outside Nigeria and the

victim is-

(i) a citizen or resident of Nigeria,

(ii) not a citizen of any country but

ordinarily resident in Nigeria,

(iii) in transit or has a link with Nigeria,

Thus, where a charge of terrorism is brought before a Magistrate Court, such Court lacks jurisdiction to try that particular offence. The proper thing for the Prosecutor to do is to commence the criminal proceeding before the appropriate Court.