Jurisdiction & Venue of Criminal Trials

Definition of Jurisdiction

Jurisdiction is the authority of a court to take cognizance of a matter presented before it for adjudication. It is the substratum and fulcrum upon which a criminal action is predicated. Where a court embarks on action for which it has no jurisdiction, it ends in futility – Edet v State.

Sources of Court Jurisdiction

There is no inherent jurisdiction in criminal trials. Jurisdiction must be derived from an enabling statute, rule, or law. Every court is bound to its statutory jurisdiction and cannot go outside it - S133 CC.

What Determines Jurisdiction?

1. Constitution / Law / statute;
2. Parties;
3. Territory;
4. Offences;
5. Offenders;
6. Punishments.

See Ibori v FRN (2009); Patrick Njovens v The State (1973).

Components of a Court's Jurisdiction - Madukolu v Nkemdilim

A High Court is properly constituted with at least one judge. The National Industrial Court must not exceed three.

Three Levels of Jurisdiction

1. Territorial / Geographical Jurisdiction;
2. Substantive Jurisdiction (subject matter);
3. Jurisdiction over Persons.

- A. Territorial Jurisdiction -

Statutory Provisions

• S12A Criminal Code; S4(2)(b) Penal Code;
• SS93-98 ACJA;
• SS111-115 ACJL Kano;
• SS58-61 ACJL Lagos.

General Rules

When an act or omission constituting a crime occurs within the territory of a state, that state's courts have jurisdiction.