SUPREME COURT (CRIMINAL APPEALS) PRACTICE DIRECTION, 2013

 CENTER FOR LAWS OF NIGERIA: RULES OF COURTS

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SUPREME COURT (CRIMINAL APPEALS) PRACTICE DIRECTIONS, 2013

MADE PURSUANT TO THE SUPREME COURT RULES, 1999 (AS AMENDED) AND THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED)

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EXPLANATORY NOTE

The purpose of this Rule is to establish a specialized system of case management in the Supreme Court of Nigeria, that will provide for the fair, impartial and expeditious administration of Criminal appeals arising out of all Criminal Appeals relating to the offences of Terrorism, Rape, Kidnapping, Corruption, Money Laundering and Human Trafficking as listed in Rule 2 of these Practice Directions.

ARRANGEMENT OF RULES

1.       Objective and Guiding Principle

2.       Applicability.

3.       Service of Notices.

4.       Compilation and transmission of Records.

5.       Amendment of Notice of Appeal.

6.       Brief of Argument.

7.       Determination of appeals and stay of Execution.

8.       Appeal Certification Committee.

9.       Citation.

SUPREME COURT (CRIMINAL APPEALS) PRACTICE DIRECTIONS, 2013

COMMENCEMENT                     [15^th Day of July, 2013]

In exercise of the powers conferred on me by section 236 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); Order 10 Rule 2 of the Supreme Court Rules, 1999 (as amended) and by virtue of all other powers enabling me in that behalf, I, ALOMA MARIAH MUKNTAR, GCON, CHIEF JUSTICE OF NIGERIA, issue the following Practice Directions of the Supreme Court of Nigeria—

Objective and Guiding Principle

1.- (1) The purpose of these Practice Directions are to—

(a)     establish a specialized system of case management in the Supreme Court of Nigeria, that will provide for the fair, impartial and expeditious administration of Criminal appeals arising out of cases listed in Rule 2 of these Practice Directions;

(b)     create a system for fast tracking the hearing and determination of interlocutory applications and appeals from the decisions of the Court of Appeal on interlocutory applications and preliminary objections, and cases pertaining to offences of Terrorism, Rape, Kidnapping, Corruption, Money Laundering and Human Trafficking;

(c)     ensure that in the determination of appeals, the Court will only determine applications which cannot be taken with the substantive appeal;

(d)     ensure that the attitude of each Panel of the Court should be to take all steps, in the determination of appeals, to reduce the delay occasioned by interlocutory appeals as much as is reasonably possible in furtherance of the need to minimize the delay  occasioned at the lower Courts by  ensuring expeditious disposal of interlocutory appeals;

(e)     reduce the time spent on hearing and determination of interlocutory applications both at the trial Court  on appeal and in the process minimize the avenues for parties to make use of interlocutory applications as a means to frustrate or delay the expeditious conduct of cases at the Courts below;

(f)      ensure that the conduct of appeals are not stalled by the unpreparedness of the Court or the parties and that the Appeals are timeously conducted;

(g)     minimize undue adjournments and delays occasioned by counsel;

(h)     reduce the delay in the preparation and delivery of the Court’s Rulings and judgments in the category of cases listed in Rule 2 of these Practice Directions; and

(i)      ensure that where possible, trials are not delayed by the hearing and determination of interlocutory appeals.

(2)     The Rules made under these Practice Directions shall by the hearing and determination of interlocutory appeals.

(3)     These Practice Directions shall enable the Chief Justice of Nigeria to fast track the hearing and determination of appeals in respect of cases which fall under, the offences of Terrorism, Rape, Kidnapping, Corruption, Money Laundering and Human Trafficking.

Applicability.

2—(1)  These Practice Directions shall, save to the extent and as may otherwise be ordered by the Chief Justice of Nigeria, apply to—

(a)     all Criminal Appeals, particularly those relating to the offences of Terrorism, Rape, Kidnapping, Corruption, Money Laundering and Human Trafficking.

(b)     Interlocutory Applications; and

(c)     appeals challenging the ruling of the Court of Appeal on an interlocutory application heard in that Court in relation to the cases listed in Rule 2 (1) (a) of this Rule.

(2)     The Rules made under these Practice Directions shall apply mutatis mutandis to all criminal cases, which fall under the category of offences listed in Rule 2 (1) (a) of this Rule as well as all interlocutory appeals and applications in respect of the listed offences.

(3)     An appeal shall not be heard in respect of any matter falling under Rule 2(1) of this Rule, unless—

(a)     the appeal involves the interpretation of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) ; and

(i)      affects the offences of Terrorism, Rape, Kidnapping, Corruption, Money Laundering, Human Trafficking and Interlocutory Applications and

(ii)     challenges the ruling of the Court of Appeal on an interlocutory application heard in that Court, or pertains to any right which is recognized by the Constitution, in respect of the offences earlier mentioned in Rule 2 (1) of this Rule; or

(b)     the Appeal discloses a matter of National Security or Public Policy.

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