Trial Within Trial: A MUST READ Book for Every Lawyer

ABOUT THE BOOK

Trial within trial is a mini trial within the context of the main trial. It is a procedure in criminal law wherein the confessional statement of an accused person is subjected to trial scrutiny so as to determine whether or not the statement was freely and voluntarily made by the accused person to the police. In the words of Justice Centus Nweze of the Supreme Court of Nigeria, the raison d’être of the evolution of the mini trial procedure is to arm the trial court with a procedural mechanism for sifting the chaff of involuntary and inadmissible evidence from the wheat of admissible evidence.

Criminal trials are conducted in courts of law across Nigeria on a daily basis, especially in the Magistrates’ Courts and the High Courts. In most of such trials, objections are raised to the admission of the confessional statements presented to the court by the prosecution. Where such objection is predicated on the involuntariness of the said confessional statements, the option open to the trial court is to subject such statements to trial within trial.

In this book, the author makes a comprehensive analysis of the principles of law governing the conduct of trial within trial and presents to the reader, a one-stop manual on the subject matter. The book is divided into eight unequal chapters.

In Chapter One, the author introduces the book with the meaning and nature of trial within trial. The chapter also captures the legal framework, rationale for the conduct of trial within trial and the conditions precedent to the conduct of same.

Chapter Two focuses on “Confessional Statement” as the central issue in trial within trial. In Chapter Three, the author makes a careful analysis of the principles of law governing the conduct of trial within trial. In this chapter, the various instances have been illustrated where trial within trial may be conducted and the instances where it need not be conducted. For instance, if the accused person outrightly denies the content of a confessional statement by saying that the statement sought to be tendered by the prosecution was never at anytime made by him to the police, such statement should be admitted by the court without a trial within trial. This is because, having denied the statement, the question of whether he “made” the statement voluntarily or not does not arise. It is therefore needless conducting a trial within trial.

Chapter Four is dedicated to analysis the issues of law governing appeals to the appellate courts against the ruling of the trial courts on trial within trial. In this chapter, issues such as time for appeal from the trial court to the appellate court, form of the notice of appeal and motion for stay of proceedings amongst other issues are carefully discussed to guide every person intending to appeal against the ruling of the trial court on trial within trial.

In Chapter Five the book goes practical and presents to the reader, a practical demonstration of trial within trial with sample drafts of courtroom arguments on the subject matter. In this chapter, the author takes the reader straight to the courtroom for the practical demonstration of trial within trial.

Chapter Six contains sample drafts of processes in trial within trial while Chapter Seven deals with selected judgments on trial within trial.

Mindful of the fact that no criminal trial can be conducted to conclusion without cross examination of witnesses, the author has, in Chapter Eight of the book provided practical steps to effective cross examination.

In writing this book, the author has made reference to names of persons, places and institutions. These names are fictional and not intended to reflect any particular person or place even where they coincidentally conform to existing names of persons or places. The legal practitioner is therefore enjoined to adapt the precedent to truly reflect the names of the parties he represents or the names and places in the matter he is engaged to prosecute or defend.

This book will be of immense assistance to legal practitioners, law researchers, police prosecutors at the Magistrates’ Courts, State Counsel and lawyers engaged in the prosecution of cases for the EFCC, DSS and other security agencies in Nigeria. The book will also be of immense assistance to our distinguished Magistrates, Honourable Judges of the High Courts, Justices of the Court of Appeal and Supreme Court.

The book – TRIAL WITHIN TRIAL is an indispensable companion on the law and practice of trial within trial and a useful addition to the criminal justice administration in Nigeria.

ABOUT THE AUTHOR

Ekemini Udim is a Barrister and Solicitor of the Supreme Court of Nigeria. He is in fulltime law practice and has appeared and done matters in all courts of record in Nigeria up to the Supreme Court. He is a researcher on legal issues in addition to other issues of topical importance. A prolific author, Ekemini has written other books some of which are: Practice Guide on No Case Submission, Principles of Garnishee Proceedings in Nigeria and Application for Bail. Ekemini plays football as a hobby.

Ekemini is reachable on:
08131937282
ekeminiudimforjustice@gmail.com