Outline of Civil and Criminal Procedures (Pols 107)

Introduction

Civil and criminal procedures provide the legal framework through which rights, duties, and liabilities are enforced in court.

Civil procedure deals with the enforcement of private rights, while criminal procedure governs the prosecution of offences against the state. Both ensure fairness, orderliness, and due process in the administration of justice.

A. CIVIL PROCEDURE

1. Meaning of Civil Procedure

Civil procedure refers to the rules, processes, and methods through which individuals whose legal rights or interests have been infringed may approach the courts for resolution of disputes.

It consists mainly of rules of practice, filing, service, trial processes, and enforcement of judgments, complementing substantive law.

2. Sources of Civil Procedure Rules in Nigeria

Civil procedure rules

Civil procedure rules are derived from:

1. The Constitution

2. Statutes and subsidiary legislation

3. Judicial precedents

4. Applicable English rules (where Nigerian law is silent)

3. Civil Procedure Rules of Action

I – Jurisdiction and Venue

• Jurisdiction is the legal power of a court to hear and determine a matter.

  Any decision by a court without jurisdiction is a nullity.

• Venue refers to the proper geographical location where a case should be filed.

  It is considered only after jurisdiction is established.

II – Parties to an Action

Generally, only juristic persons may sue or be sued. Parties may be:

• Natural persons (human beings)
• Artificial persons (companies, corporations, and bodies with legal personality)

A non-existent person cannot maintain or defend an action, and a plaintiff cannot be both plaintiff and defendant in the same capacity within the same case.

III – Commencing a Civil Action

A civil case may be initiated through any of the following:

1. Originating Motion

2. Originating Summons

3. Writ of Summons

4. Petitions

B. CRIMINAL PROCEDURE

1. Meaning of Criminal Procedure

Criminal procedure refers to the processes through which criminal cases are investigated, prosecuted, tried, and determined.

It ensures fairness to both the accused and the state. Importantly, every accused person is presumed innocent until proven guilty.

The governing laws are:

A crime scene

• Criminal Procedure Code (CPC) – Northern Nigeria
• Criminal Procedure Act (CPA) – Southern Nigeria

2. Criminal Procedures

1. Police Investigation

Most criminal cases originate from police investigations. The process normally starts when a victim or complainant reports an offence at the nearest police station.

The law enforcement agency determines:

• Whether the matter falls within its jurisdiction
• Whether the complaint discloses a criminal offence

Matters investigated include:

• Where the act occurred (subject matter jurisdiction)
• Nature of the criminal act
• Persons involved
• Available evidence

Steps in Investigation:

•  Visit to the crime scene
•  Interviews with witnesses and relevant persons
• Gathering physical and documentary evidence

Recording statements

Important Note:

Over 70% of criminal offences are reported to law enforcement agencies by affected individuals.

Relationship Between Arrest and Investigation:

• Investigation may precede arrest or summons,
• Or arrest may occur first, followed by further investigation.

Conclusion

Civil and criminal procedures form the backbone of the justice system.

Civil procedure ensures the orderly enforcement of private rights, while criminal procedure guarantees fair and lawful prosecution of offences. Together, they uphold due process, protect individual rights, and promote confidence in the administration of justice.

References 

Nigerian Legal System Note Compiled by Muhammad Musa

Wikipedia contributors