DUTIES OF COUNSEL AND PRESIDING JUDGES IN CRIMINAL TRIALS

(A.) DUTIES OF A PROSECUTING COUNSEL 

a To be candid and fair, not trying to secure conviction by all means. 

R. 37 (4) of the RPC; ENAHORO VS. STATE. 

b He is not to withhold the existence of any adverse decision on a point of Law favourable to the accused. –ANANI VS. R. 

 

c He must make available to the accused person evidence favourable to the accused. 

STATE VS ODOFIN BELLO; Rule 32; R v. Sugarman

d A prosecutor must be present at the trial of the accused at any time the case comes up.-R. 14 RPC.

e  

f Duty not to forum shop/to avoid forum shopping.-It is unprofessional for a Prosecutor to look for a convenient court where the accused should be tried.-Ibori v. FRN

 

g The Prosecuting Counsel has a duty to call and examine all materials witnesses whether their testimony would be favourable to the case of the Prosecution or not.

h Duty to conduct case with due diligence-Counsel must be fully prepared to go on with the case and not seek unnecessary adjournment thereby wasting the court’s time.

i Duty to make available to the accused person proof of evidence  UKET V. FRN

j Duty to avoid frivolous institution of criminal proceedings R. 37 (5) RPC provides that aCpublic prosecutor shall not instituting a criminal charge unless the charge is supported by probable evidence.

k Prosecution should not be too relaxed when a plea of guilty is entered.he must furnish the court with full facts-OMOJU V.FRN.

 

(B.) DUTY OF THE DEFENCE COUNSEL 

a. He is not to return the brief of a person charged with a capital offence. R. 24 of the RPC and R VS. UZORUKWU Even where accused confesses to guilt to his counsel, it is unethical for counsel to disclose same or to withdraw from handling his defendant.

b. He is to undertake the defence of a person charged with a capital offence competently and with dedication.R. 37(1) &(2) of the RPC and JOSIAH VS. STATE. In UDOFIA VS STATE, it was held that a youth Corp Member has no experience to be assigned to defend an accused on a capital offence. UDO V.STATE;R.14&16 RPC.

c. Duty to be present in court-The Defence Counsel must be personally present in court especially where the charge against his client is one for murder.Rule 37(1); R. 14 (4) RPC.

d. When client discloses a fact to a counsel, it is unethical to disclose it to anyone without the express permission of the client, -R. 19.

e. Where the accused person admits guilt and confessed to having committed the offence  the Defence counsel should not put up/cook up adverse/false evidence to show the accused as innocent.R.15(3).

(C). DUTY OF A PRESIDING JUDGE 

a. The Judge must be an impartial arbiter.  The Judge or Magistrate in a criminal case must see himself and be seen as a neutral, unbiased and fair umpire

b. Not to interject too much or put damaging questions to the accused leading to conviction. OKODUWA VS. THE STATE, ONUOHA VS. THE STATE 

c. The Judge has a duty to grant all the parties equal right of audience the court 

d. The Judge must be fair and respectful to the Bar.

e. Court must ensure justice is done when a plea of guilty is entered and must ensure that the defendant truly intended to plea same before sentence-KAYODE V.STATE

 

(D). DUTIES OF A COURT REGISTRAR

1.​The Registrar accepts all processes for filing.

2.​Ensure that the case file is ready and bring it to the attention of the Judge before the date for hearing.

3.​Ensure that hearing notices and other processes are served on all the parties.

4.​The Registrar makes records of proceedings available to the parties upon demand.

5.​Ensure the perfection of a bail bond where necessarily.

6.​For death sentence, the Registrar shall as soon as possible forward copies of the ​certificate issued by the Judge to the Prison Officer as well as the Sheriff.