Criminal Procedure Code at Nigeria

09 Apr 2025 --
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Nigeria's criminal justice system is governed by two primary legal frameworks:

Criminal Procedure Act (CPA) – Applicable in the southern states of Nigeria.

Criminal Procedure Code (CPC) – Applicable in the northern states.

Both codes outline the procedures for criminal investigations, prosecutions, and trials, ensuring the protection of the rights of the accused and the effective administration of justice.

📘 Criminal Procedure Act (CPA)

The CPA is a comprehensive legal framework that governs the conduct of criminal proceedings in the southern states of Nigeria. It covers various aspects of criminal law, including the institution of criminal proceedings, arrest, bail, trial procedures, and sentencing. The Act emphasizes the presumption of innocence, the right to a fair trial, and the protection against double jeopardy.

⚖️ Key Provisions of the CPA

Presumption of Innocence: Every person charged with a criminal offence is presumed innocent until proven guilty.

Right to Fair Trial: Accused individuals have the right to be informed promptly of the nature of the offence, to have adequate time and facilities for the preparation of their defence, and to defend themselves in person or by legal practitioners of their own choice.

Right to Legal Representation: Accused persons have the right to examine, in person or by their legal practitioners, the witnesses called by the prosecution and to obtain the attendance and carry out the examination of witnesses to testify on their behalf.

Right to Interpreter: If the accused cannot understand the language used at the trial, they are entitled to the assistance of an interpreter without payment.

Right to Record of Proceedings: The court is required to keep a record of the proceedings, and the accused person or any persons authorized by them are entitled to obtain copies of the judgment within seven days of the conclusion of the case.

Protection Against Double Jeopardy: No person shall be tried again for the same offence after being acquitted or convicted, except upon the order of a superior court.

Protection Against Ex Post Facto Laws: No person shall be held guilty of a criminal offence on account of any act or omission that did not constitute such an offence at the time it took place.