Glossary of Criminal Law Terms — Nigeria

Introduction

This glossary defines key terms in Nigerian criminal law and procedure, governed by the Criminal Code (southern states), the Penal Code (northern states), and the Administration of Criminal Justice Act (ACJA) 2015.

Glossary

Arraignment

The formal reading of charges to an accused person in court and the taking of a plea. Arraignment must be conducted in accordance with procedural requirements.

Arrest

The deprivation of a person’s liberty by lawful authority on suspicion of an offense. Arrest must be conducted in accordance with section 35 of the Constitution and the ACJA.

Bail

The release of an accused person from custody pending trial, subject to conditions including sureties, reporting requirements, or financial undertakings.

Charge

A formal allegation of a criminal offense against a person. Charges must specify the offense and the particulars of the alleged conduct.

Charge Sheet

The document containing the charges against an accused person, filed in court to commence criminal proceedings.

Conviction

A finding of guilt by a court following a plea of guilty or a finding of guilt after trial. Conviction results in the imposition of sentence.

Corroboration

Independent evidence that confirms or supports other evidence. Certain categories of evidence, including accomplice evidence, require corroboration.

Cross-Examination

The examination of a witness by the opposing party, aimed at testing the credibility and accuracy of the witness’s evidence.

Exhibit

A document or object produced as evidence in proceedings, marked for identification and tendered through a witness.

Indictment

A formal written accusation of a serious criminal offense (felony) presented to a court.

Information

A written accusation of a criminal offense, less formal than an indictment, used to commence proceedings in magistrates’ courts.

Mens Rea

The guilty mind or mental element of an offense. Most criminal offenses require proof of intention, knowledge, or recklessness.

No Case Submission

A submission by the defense that the prosecution has failed to establish a prima facie case, made at the close of the prosecution’s case.

Plea

The accused’s response to the charge, typically guilty or not guilty. The plea must be taken personally from the accused.

Preliminary Objection

A legal objection raised before trial challenging the jurisdiction of the court or the validity of the charge.

Prima Facie Case

A case established by sufficient evidence to require the accused to answer the charge. If a prima facie case is not established, the accused is discharged.

Sentence

The punishment imposed by a court following conviction, including imprisonment, fine, community service, or other orders.

Station Diary

The official record of activities at a police station, including records of arrests, charges, and the custody of accused persons.

Summons

A court order requiring a person to appear before a court to answer a criminal charge, used for less serious offenses.

Trial Within Trial

A mini-trial conducted to determine the admissibility of a confession or other disputed evidence, in the absence of the jury (where applicable).