introduction to criminal litigation

“Criminal litigation” means legal proceedings of a ‘criminal nature’. The term ‘crime’ or ‘criminal’ means any act or omission which the law of the land forbids and also prescribes sanctions or punishment against. An action qualifies as a crime if it violates a prohibited act or omitting to do a commanded act so provided in a ‘written law’. Section 2 of the Criminal Procedure Code defines an offense as any act or omission which makes the person doing the act or the omission liable to punishment under this code; it is the process or procedure of determining of the fate - whether guilt or innocence of one accused of committing an offence - that is referred to as "criminal litigation"

Criminal litigation determines the criminal culpability of an accused person who has violated a prohibited act in a written law such as the criminal code and is governed by statutes such as the criminal procedure code law. Civil litigation on the other hand deals with civil liabilities between individuals and corporate bodies and is governed by the agreement of parties and business customs within a general settled legal limits. Criminal litigation is usually commenced by the State through the Attorney-General, Police and any other public body empowered by law to undertake prosecutorial functions such as the EFCC, NDLEA . While in civil litigation it is commenced by an individual or a corporation. Secondly, In criminal litigation the designation of parties is ‘Prosecution (State)’ and ‘Defendant (Accused), while in civil litigation the parties are designated as Plaintiff/Claimant (the party seeking relief from court) and Defendant (the opposing party). Lastly, the outcome of proceedings in a criminal litigation results in punishment of the accused, where the guilt of the accused is established, such as a fine or imprisonment for a term of years and a discharge and acquittal where his guilt is not established. While in civil litigation the court awards damages in monetary form, declarations, injunctions and orders of specific performance when necessary.

There are a plethora of laws governing criminal litigation and they are as follows; 1.PRINCIPLAL ENACTMENTS: a)Criminal Procedure Act (1945)

b)Criminal Procedure Code (1963)

c)The Administration of Criminal Justice Act, 2015

d)The Administration of Criminal Justice (Repeal & Re-Enactment laws of Lagos State 2011)

e)The Administration of Criminal Justice Law, Kano (2019) 2.SECONDARY ENACTMENTS a)Constitution of the Federal Republic of Nigeria (1999)

b)Criminal Code Law of Various States

c)Supreme Court Rules

d)Court of Appeal Rules 2021

e)Magistrate Court Laws