IRREGULARITIES IN THE CRIMINAL PROCEDURE CODE OF NORTHERN STATES OF NIGERIA:- A CRITICAL APPRAISAL.
IRREGULARITIES IN THE CRIMINAL PROCEDURE CODE OF NORTHERN STATES OF NIGERIA:- A CRITICAL APPRAISAL.
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Date
1999-02
Authors
ISMAILA, IDRISU IBRAHIM
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Abstract
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ABSTRACTS
This thesis gives an account of the Law and
Irregularities in the Criminal Procedure Code of the
Northern States of Nigeria. Most of the irregularities
were found to have been committed by the courts of inferior
records, most especially the Area Courts and Magistrates'
Courts. The study was undertaken with a view to
highlighting the irregularities that vitiate the
proceedings of the courts and those that are
inconsequential.
It is hoped that this study will be of use to all
those involved in the trial in the inferior courts in
Nigeria. It may also benefit those members of the general
public who are interested in knowing as to whether every
irregularity or error in proceedings, that justifies the
reversal of a judgment or not.
Chapter 1 deals with the general introduction, meaning
of criminal procedure, objective of research and the
definition and effect of irregularity in a criminal
proceeding.
Chapter 2 examines classification of irregularities
namely, mere and fundamental irregularities in the Criminal
Procedure Code of the Northern States of Nigeria and
fundamental irregularities under the 1979 constitution.
Chapter 3 examines irregularities in Arrest and
Search, namely,. Definition of Arrest, Constitutional
Provision for Arrest, Ground of Arrest, Manner of Arrest,
Arrest with or without Warrant, Person who can Effect
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Arrest, Effect of Irregularities in Arrest, Remedies
Available to illegally arrested person. It also discusses
extensively irregularities in search and seizure, namely,
search with warrant wrongly obtained, search without
warrant, search under a valid warrant but in an unlawful
manner, search of person upon Arrest, Search of Premises,
Rules Relating to Search and Effect of Irregularities in
Search.
Chapter 4 analyses irregularities in trial, namely
production of the accused person and evidence before the
court. It also evaluates irregularities in a charge,
namely, definition of a charge, formal charge, Informal
Charge and effect of Irregularities in the charge.
Chapter 5 considers irregularities in Judgement and
sentence, namely, Nature of Judgement, Judgement and
Failure of Justice test, effect of irregularities in
Judgement. It also discuss the irregularity in sentencing,
namely, definition of sentencing, limitation on sentencing
powers and some procedural factors considered in
sentencing.
Chapter 6 draws certain summary and conclusions from
the study and offers some suggestions as guide to courts
and law enforcement agents against committing further
irregularities in criminal trials.
Description
A THESIS SUBMITTED TO THE POSTGRADUATE
SCHOOL, AHMADU BELLO UNIVERSITY, ZARIA,
IN PARTIAL FULFILMENT OF THE REQUIREMENT
FOR THE AWARD OF THE DEGREE OF MASTER
OF LAWS (LL.M).
Keywords
IRREGULARITIES,, CRIMINAL,, PROCEDURE,, CODE,, NORTHERN,, STATES,, NIGERIAN,, A CRITICAL,, APPRAISAL.