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RDL 215/RCL 203

CRIMINAL LAW AND PROCEDURE

PREPARED BY;

MR. EGIBERT A. BONDO

TOPIC EIGHT: COURT SYSTEM AND JURISDICTION IN CRIMINAL MATTERS

1. Regular Courts hierarchy

 Court of Appeal

 High Court

 District / Resident magistrate Courts

 Primary Court

COURT STRUCTURE

2. PRIMARY COURTS
Primary Courts were established by Section 3 of The Magistrates’ Courts Act 1984 (MCA).
Every district has a primary court.

Composition
In Primary Courts a Magistrate sits with no less than two Assessors when hearing cases (s.
7(1) MCA).

The Assessors give an opinion in the final determination of the case, which is binding on the
Magistrate. A final decision is reached by majority votes. In the event of an equality of votes
the
magistrate has a casting vote in addition to his deliberate vote (s. 7(2) MCA).

Prosecution
Trials are prosecuted by the complainant, except in urban areas where a Police Sergeant, a
Corporal or even a Police Constable may do the prosecution. No advocate or public
prosecutor can appear or act in the Primary Courts (s.33 MCA).

Jurisdiction
Territorial
A Primary Courts have jurisdiction within the district it is in established (s. 3(2) MCA).
Matter
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Its jurisdiction is mainly for offences appearing in the First Schedule to the Magistrates’
Courts Act, 1984. In this schedule Part I contains offences under the Penal Code and Part II
contains offences under other laws (s. 18(1)(c) MCA). Primary courts have no jurisdiction to
deal with serious offences like murder and treason.

Rules and Procedures

Primary Courts are governed by their own rules under the Primary Courts Criminal
Procedures Code (s. 19 MCA).

Powers
It has the power to issue summons for attendance at court, to compel a witness to give
evidence and to issue injunctions (s. 19(3) MCA).

Sentencing
Primary Courts have the power to hand down the following sentences:
 Imprisonment for a term not exceeding twelve months;
 A fine not exceeding ten thousand shillings;
 Corporal punishment not exceeding twelve strokes;
 Where a stiffer sentence is desired than the Primary Court can legally impose, it should
convict the accused of the offence charged and commit him to the District Court for
sentencing;
 Where there is a minimum sentence prescribed for the offence by the Minimum Sentences
Act, the Primary Court will have jurisdiction to impose that sentence even if it is above the 12
months provided that that sentence cannot be more than 3 years and a half (ss. 2 and 3 of the
Third Schedule to the MCA - Primary Court Criminal Procedure Code).

Appeals
Appeals against conviction or acquittals can be made by the complainant or the DPP to the
District Court in the district the Primary Court is established (s. 20 MCA). A person convicted
against his own plea of guilty can only appeal against (s. 20 MCA):
 a sentence for imprisonment for the minimum sentence prescribed by Section 4 of the
Minimum Sentences Act 1972; or
 an order for the imposition of corporal punishment against a male under 16 or over 45
years or a female;
 an order for payment of compensation above 100 shillings.
Appeals must be filed in the district court within 30 days after the date of the decision or
order (s. 20(3) MCA).

3. DISTRICT COURTS
District Courts were established under Section 4 of the Magistrates’ Court Act of 1984.
Normally a single district magistrate or a resident magistrate sits. There are no assessors or a
jury.

Prosecution
A Police officer of the rank of Assistant inspector upwards would prosecute the case as a
Public Prosecutor. State Attorneys and Public Prosecutors also have audience.

Jurisdiction
Territorial
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The jurisdiction of the District Courts is within the district it is established in (s. 4 MCA),
unless its jurisdiction is extended by the Chief Justice to cover other areas beyond the district
(s. 45 (5) MCA).
Matter
District courts are normally criminal courts with powers to try all offences covered by the
Penal Code, except some serious offences including those punishable by death penalty
(murder and treason). They have original jurisdiction over those proceedings for which
jurisdiction are conferred upon it by law (s.40 MCA).

Appeals
Appeals against conviction or acquittals and sentences can be made by the complainant or the
DPP to the High Court (s. 43 MCA). In such appeals the High Court has general powers of
supervision and revision (s. 44 MCA).

Powers
In its appellate jurisdiction it has the power to (s. 20 MCA):
 direct a primary court to take additional evidence or to hear additional evidence itself;
 confirm, reverse, amend or vary in any manner the decision or order appealed;
 quash any proceedings;
order the case to be heard de novo.
The altered order cannot be in excess of the primary court‟s jurisdiction. In the case of an
appeal against sentence it can deal with the matter in any manner in which it could have been
dealt with by the district court (s. 23 MCA).

In its revisional jurisdiction it has the power to call for and examine the record of
proceedings in the primary courts and may revise such proceedings (s. 22 MCA).

4. RESIDENT MAGISTRATES’ COURTS

Resident Magistrates‟ Courts are established under Section 4 of the Magistrates’ Court Act
of 1984. The powers of these courts are similar to those of the District Court except from
where stated otherwise. Whereas in terms of subject matter in civil cases, the Resident
Magistrates‟ Courts have wider jurisdiction than the District Courts, in criminal cases
generally the two courts have equal jurisdiction in terms of subject matter/ types of offences
and sentencing power. However geographically, the Resident Magistrate‟s Court has wider
jurisdiction than the District Court. A single resident magistrate sits and there are normally no
assessors or a jury (s. 6 MCA).

A District Magistrate cannot legally preside over proceedings instituted in a Resident

Magistrate‟s Court. He has no jurisdiction as such. A Resident Magistrate may preside over
the District Court and properly conduct proceedings as such (i.e. as a District Magistrate
sitting in a district court). All Resident Magistrates are also District Magistrates, while the
opposite is not the case. If a District Magistrate presides over a matter instituted in a Resident
Magistrate‟s Court, the trial becomes a nullity for lack of jurisdiction on the part of the
District Magistrate.

The Court of Appeal of Tanzania in Criminal Appeal No. 48 of 2002 (unreported) between
Iddi Shabani & 2 others v. Republic remarked as follows:
“The crucial question is whether the proceedings before the senior district magistrate were a
nullity as a result of the magistrate sitting in the court of resident magistrate. Without
hesitation, we are in agreement with Mr. Masaju that the proceedings were a nullity. S. 6 (1)
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(c) is very clear that a court of a resident magistrate is duly constituted when presided over by
a resident magistrate. Paragraph (c) of the sub-section does not provide for a district
magistrate to sit and hear a case filed in the court of resident magistrate. In a number of
decisions it was held that proceedings before a district magistrate sitting in the court of
resident magistrate contrary to section 6 (1) (c) of the Act were a nullity”.

Prosecution
Police officer of the rank of Assistant inspector upwards would prosecute the case as a Public
Prosecutor. State Attorneys or Public Prosecutors also prosecute cases and progressively
replace the Police Officers as prosecutors since the introduction of the National Prosecution
Service in 2008.

Jurisdiction
Territorial
Resident Magistrates‟ Courts have jurisdiction over such areas as specified in the order
establishing it (s. 5 MCA). In practice, the territorial jurisdiction of the Resident Magistrate‟s
Court is within the Region for which it is established. However, the order establishing the
Resident Magistrate‟s Court may provide for its territorial jurisdiction beyond the region in
which it is established.

Concurrent
Under Section 41 of the Magistrates‟ Courts Act of 1984, both the District and Resident
Magistrates‟ Courts have concurrent jurisdiction.

Extended
Section 173 of the Criminal Procedure Act empowers the Minister for Justice to vest any
Resident Magistrate with powers to try any category of offences, which, ordinarily is tried by
the High Court. Thus, for example, some Resident Magistrates can be given extended
jurisdiction to try offences punishable by death penalty.

The powers of extended jurisdiction are personal given to the particular Resident Magistrate,
not to the particular Court. There can be several Resident Magistrates in a particular Court but
only one or some few of them may possess the extended jurisdiction. Also it is important to
note that the power of extended jurisdiction may be conferred upon the particular Magistrate
either specifically to hear only certain specified cases transferred to him or may be general
powers to hear any such cases as may be transferred to him by the High Court from time to
time.

The procedure governing the trial in Resident Magistrate‟s Court with Extended Jurisdiction
will be the same as that which would govern the trial in the High Court and thus the Resident
Magistrate‟s Court thereby acquires the powers which the High Court would have if it dealt
with the case. For example the Resident Magistrate (Ext. Jurisdiction) will be obliged to sit
with at least two assessors. (s. 174 CPA). However, it is crucial to note that by the extension
of jurisdiction, the particular Resident Magistrate does not actually become a judge of the
High Court and his Court is not elevated to the status of the High Court. It still remains a
Resident Magistrate‟s Court but with extended Jurisdiction. This in practice will be reflected
by the title of the documents filed which will still read “in the Resident Magistrate‟s Court”,
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not “in the High Court”, manners of addressing the Court and other practical aspects continue
to be those of the Resident Magistrate‟s Court.

The Court of Appeal of Tanzania had several occasions to stress on this aspect which has
caused great confusion among legal practitioners. In Criminal Appeal No. 6 of 2004
between Shiminimana Hisaya and Sabimana Fokas v. The Republic (unreported) the
Resident Magistrate with Extended Jurisdiction presided over a case transferred to him by the
High Court. The documents filed and proceedings showed that the Resident Magistrate‟s
Court was being referred to as the “the High Court of Tanzania”, when the matter went on
appeal to the Court of Appeal of Tanzania, the Court of Appeal remarked as follows:
“The resident magistrate exercising extended jurisdiction is deemed to be a judge of the High
Court because he is not, in fact, a judge of the High Court and the court of resident
magistrate in which he sits when exercising extended jurisdiction is deemed to be the High
Court because it is not in fact the High Court. If a resident magistrate exercising extended
jurisdiction was expected to sit in the High Court then it would make no sense to say that such
court would be deemed to be the High Court. The rationale, therefore, is that a resident
magistrate with extended jurisdiction to whom a High Court appeal is transferred to hear
would sit in their court – the court of resident magistrate. When he does so, then the court
would be deemed to be the High Court in the event an appeal is preferred from his decision.
The appeal would go, not to the High Court but, to the Court of Appeal as if it had been a
decision of the High Court. Where a resident magistrate with extended jurisdiction hears an
appeal transferred to them and sits as the High Court that would make nonsense of the
transfer order because the High Court would not transfer its own case to itself. Now, if a
resident magistrate with extended jurisdiction who, of course, is not a judge of the High
Court, purports to sit in the High Court to hear a High Court appeal which was transferred to
them, the proceedings and decision will be null and void because of want of jurisdiction.”.

Powers
In its supervisory jurisdiction a resident Magistrate in-charge has powers to call and inspect
the record of proceedings in a resident magistrates‟ court, district court or primary court and
to record with a report to the High Court (for resident magistrates‟ or district courts) or to the
district court (for primary courts) (s. 30(2) MCA).

5. HIGH COURT
The High Court was established by Article 108 of the Constitution. A Judge sits with
assessors whose opinions are not binding. However a judge should record his reasons for
departing from the opinion of assessors (the Balland Singh Rule enunciated by the Eastern
African Court of Appeal in the Balland Singh case).

Prosecution
Only State Attorneys may appear as prosecutors in the High Court.

Jurisdiction
Territorial
The High Court jurisdiction is limited to the Tanzanian mainland which is the whole of
Tanzania excluding Zanzibar. Note that the term territory shall extend to vessels, and aircrafts
registered in Tanzania wherever they may be and also include the premises of a Tanzanian
Embassy abroad.
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Original
It is the Court of first instance for serious offences like murder and treason attracting death
penalty (s. 2(1) of the Judicature and Application of Laws Ordinance). However, no criminal
case will be instituted in the High Court until the same has been inquired into by a subordinate
Court by way of Preliminary Inquiry/ Committal Proceedings, and the accused has been
committed to the High Court for trial. Trials in the High Court commence after Committal
proceeding are held in a subordinate court (District/Resident Magistrates‟ Courts) as per
Sections 178, 243 and 244 of the CPA 1985.

Matter
Under Section 2 of the Judicature and Application of Laws Ordinance it has full criminal
jurisdiction. See also section 164 CPA.

Appellate
It has appellate jurisdiction from subordinate Courts. It can hear appeals on both points of law
and facts. However, appeals originating from Primary Courts will be on matters of law only
because this will be the second appeal after having preferred the first appeal to either the
District or Resident Magistrate‟s Court. Appeal as a matter of right in mainland Tanzania, is
up to two levels only, the first level on both maters of facts and of law and in the second level,
only on matters of law.

Powers
In its appellate jurisdiction it has the power to (s. 29 MCA):
take additional evidence;
 confirm, reverse, amend or vary in any manner the decision or order appealed;
 substitute a conviction or conviction and sentence for an acquittal or make a declaratory
order. The decision or order altered cannot exceed the jurisdiction of the court of first
instance;
 Quash any proceedings and order the case be heard de novo.
The High Court powers of supervision include the ability to (s. 30 MCA):
 call for and inspect the record of any proceedings in a district or primary court; or
 direct a district court to call and inspect the records of a primary court.
The purpose is for the court to satisfy itself of the correctness, legality and propriety of any
decision or order and as to the regularity of any proceedings.
The High Court has the power to:
 revise itself any proceedings of a district court;
 where exercising appellate jurisdiction revise itself proceedings in the primary courts; or
 direct the district court to revise such proceedings of the primary court.

6. COURT OF APPEAL
The Court of Appeal is the highest and final appellate court in Tanzania. The powers, rules
and procedures are contained under Appellate Jurisdiction Act 1978 and more extensively in
the Tanzania Court of Appeals Rules of 2009.

Jurisdiction
Territorial
The Court of Appeal has jurisdiction in both the Tanzania mainland and Zanzibar. However,
the jurisdiction of the Court of Appeal in respect of matters originating from Zanzibar is
somehow limited. The Court has no jurisdiction to hear appeals from the High Court of
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Zanzibar which originated from the Kadhi‟s Courts in Zanzibar. Also it has no jurisdiction on
matters which involved the interpretation of the Constitution of Zanzibar. These two matters,
and any other matter which the Zanzibar House of Representatives may from time to time
specify, end with the High Court of Zanzibar.
Appellate
It has jurisdiction to hear appeals from the Tanzanian mainland High Court, the subordinate
Courts exercising extended jurisdiction (s. 1 Appellate Jurisdiction Act of 1979 as amended in
1994) power and those from the High Court of Zanzibar. However a case which originated in
the Primary Court in Tanzania Mainland, cannot automatically reach the Court of Appeal as
the same will have exhausted the two levels of appeal at the High Court level. An appeal on a
case originating from a Primary Court can only reach the Court of Appeal where the High
Court certifies that the case involves a crucial point of law deserving to be determined by the
highest Court of the land. The relevant law is Section 5 (2) (c) of the Appellate Jurisdiction
Act 1979, which provides for appeals originating from Primary Court and which provides:
“No appeal shall lie against any decision or order of the High Court in any
proceedings under Head (c) of Part III of the Magistrate's Courts Act, 1963;
unless the High Court certifies that a point of law is involved in the decision
or order.”

Revisionary
Under the Appellate Jurisdiction Act of 1979 as amended in 1993 it has powers over the
decisions by the High Court and Resident Magistrates‟ Courts with extended jurisdiction. It is
important to note that the avenues of appeal and revision are not alternatives for an aggrieved
person to choose. The judicial practice is that where there is a right to appeal it must be
pursued instead of revision. Appeals and revisions are mutually exclusive. A person my
pursue revision in a situation where he had a right to appeal where the right to appeal was
blocked by a judicial process or where he had a good cause for not pursuing the appeal. But
generally in very rare instances will a person who had the right to appeal be allowed to pursue
revision instead.

7. OTHER COURTS AND TRIBUNALS

WARD TRIBUNALS
The Ward Tribunals are provided for under the Ward Tribunal Act no. 7/1985. There is
normally one Tribunal per ward; however the Minister is empowered to establish two
tribunals in a single ward (s. 3).

The composition of each tribunal is at least 4 but not more than 8 members elected by the
Ward Committee plus the Chairman and a Secretary appointed by the appropriate authority
and the local government respectively. Members and Chairman of the Tribunal must be
residents of the ward in question but that is not so for the Secretary. The quorum is half of the
total number of members and the decision of the majority shall be the decision of the Tribunal
and in the event of an equality of votes the Chairman shall have a casting vote in addition to
his original vote (s. 4).

Section 5(1) sets out the qualifications of members and Section 5(2) provides for the
qualifications of the Secretary. Section 6 provides for the tenure of office of members to be 3
years but eligible for re-election. The primary function of the Tribunal is to secure peace and
harmony by mediating and endeavouring to obtain just and amicable settlement of disputes.
The exercise of the Tribunal‟s compulsive jurisdiction shall be only after attempting to reach
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a settlement. An order of a Tribunal for imprisonment shall be in the prescribed form but it
shall have no force of law or effect unless endorsed by the Primary Court Magistrate. The
Primary Court Magistrate is required to endorse such order without delay unless he has reason
to believe that the Tribunal acted without jurisdiction or in excess of its powers, in which case
he shall revise the order. If the order is endorsed, it shall have the same effect as any sentence
of imprisonment imposed by the Primary Court (s. 19).

Appeals may be made within a certain period to the Primary Court. But where the amount of
fine or award is not too big (500/= fine in criminal cases and 800/= award in civil cases) leave
of the Primary Court to appeal is be required. Decisions of the Primary Court shall be final
and conclusive except on points of law where the final appeal lies to the district Court (s. 20).

Jurisdiction
Territorial
They have jurisdiction over district councils or the urban authorities within whose area the
Tribunal is established (s. 2).

Matter
The Tribunals have jurisdiction over (s. 8):
 minor offences under the Penal Code,
 all matters and disputes arising under all laws and
 directives passed by the appropriate authority, in relation to or affecting the business and
affairs of the ward made or passed by a local government authority or any competent
legislative authority within the area of the Tribunal‟s jurisdiction.

8. JUVENILE COURTS
Juvenile Courts have jurisdiction over matters concerning children, including delinquency,
neglect, and adoption. They also handle "status offences" such as truancy and running away,
which are not applicable to adults. The upper age of juvenile court jurisdiction in delinquency
matters is 17 in most States. These Courts are governed by the Law of the Child Act 2009.

9. SPECIAL TRAFFIC COURTS

Special Traffic Courts are established under Section 17 Magistrates’ Court Act 1984.

10. COURT MARTIAL AND COURT MARTIAL APPEALS COURT

Military courts do not try civilians but only military personnel for criminal offences. They
have the power to pass death penalty for certain specified offences under the National
Defence Act of 1966. Appeals from the Court Martial go to the Court Martial Appeals Court.
A further appeal lies before the full bench of the High Court as per Section 146 of the Act.
Section 153 of the Act prohibits further appeal to the Court of Appeal of Tanzania.

Jurisdiction in Criminal Matters

Meaning of jurisdiction
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Jurisdiction is the defined area over which authority and responsibility extends. Jurisdiction
may refer to that of a State or an institution such as a Court. Jurisdiction can also be defined
as powers and limits of courts or judges to determine proceedings of a particular type and or
pass a particular sentence. No court is allowed to entertain an issue, be it criminal or
otherwise, without powers to do so. There must be a law specifically conferring jurisdiction to
a court before that court can exercise it. Whatever decision made by a court with no
jurisdiction such decision is illegal and of no legal effect.

READ: R v. Samwel Kiptiny Koskei (1982) TLR 324

Categories of jurisdiction

1. Territorial Jurisdiction
This refers to the geographical limits of the courts. It refers to the localities upon which a
given court is to discharge its powers. In principle no court is allowed to discharge its powers
beyond the local limits conferred on it by the law. S. 177 CPA. In justice Katiti (as he then
was) in Koskei’s case observed that:
“If the conduct complained of was committed outside [Tanganyika],
the courts have no jurisdiction to try anybody involved without clear
statutory permission…”

Exception
Where the court is conferred with extra-territorial jurisdiction to try cases committed outside
Tanzania. S. 6 (b), (c) Penal code.
Read: Nestory Lutta v. R Cr. App. No. 186/87 (HC) (MZ), Source: Mchome, at P. 20

2. Sentencing Jurisdiction
This relates to the sentencing powers, i.e. fines, imprisonment, corporal punishment, death
Penalty. Some courts may be limited in terms of their powers to sentence convicted persons.
Read: Sections 170, 171, 175 CPA

3. Original Jurisdiction
If a court has original jurisdiction it indicates that it is the Court of first instance with power to
conduct a trial. This refers to the power of the court to entertain a case at first instance. It
requires that a particular case must be instituted and tried by a lower court first and should the
need arise, move to the next court higher in the ladder, The move may be by way of Appeal,
revision, committal or transfer. Powers of the court under original jurisdiction are:
 Power to receive complaints
 It may issue court processes.eg. warrant of arrest, search warrant and summons
 Power to hear the prosecution and defence cases
 Power to sentence the accused person

4. Appellate Jurisdiction
If a Court has appellate jurisdiction, it can only review cases from subordinate courts for
errors. The word “appellate” comes from the word „appeal‟ and it refers to the ability of the
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higher court in the ladder to deal with a case from a lower court sent to it by way of appeal.
The right to appeal is a constitutional right vested to any party to a case aggrieved by the
decision of a lower court in the judicial ladder.

Powers of the court with appellate jurisdiction

 Maintain, alter or reverse the lower court‟s finding/ sentence
 Acquit or discharge the accused
 It may order a retrial, direct for committal proceedings
 Make any amendment or any consequential or incidental order that may appear just
and proper under the circumstances of the case. S. 366 CPA and ss. 21, 29 MCA

Qn. Assuming that the appellant is further aggrieved by the appellate court decision, can he
appeal further?

5. Extended Jurisdiction
This jurisdiction has the ordinary meaning of the word. When the jurisdiction is extended in
terms of territory, subject matter, sentencing, etc. This category of jurisdiction is not for the
court but for magistrates. It arises where, either under s. 45 MCA or under s. 173 CPA, the
Minister responsible for legal affairs, extends the appellate or ordinary jurisdiction of a
Resident Magistrate. The extension enables such a magistrate to be able to hear appeals or to
determine any categories of offence or cases otherwise determinable by the High Court. The
extension need not be specific but it must be published in Government Notice.

6. Summary jurisdiction
In this aspect summary jurisdiction is the power of the court to dispose of some offences
without the need to follow all the ordinary trial procedures. Section 213(1) and (2) of
Criminal Procedure Act (“CPA”) are relevant in this regard. The Courts may try some
minor offences (petty offences) thereby listed without recording the evidence, hence summary
trial and thus “summary jurisdiction”. The power can only be invoked where the court is
convinced that the allegations are true and no injustices would be occasioned to the parties.
Eg. Contempt of court, .s. 213 CPA

7. Revisionary Jurisdiction
This comprises of powers of a higher court to call for the records of any criminal proceedings
before any lower court for the purposes of ascertaining the regularity of the proceedings,
correctness, legality or propriety of the subordinate court‟s findings, sentence or order
recorded or passed in respect of that proceedings. [This court can be referred as “revising
court”]

Powers of revising court

 To correct it for the interests of justice
 Revising court may therefore call the records suo moto or parties. S. 372-376 CPA, ss.
21-31 MCA

8. Jurisdiction for Committal proceedings

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This involves powers of a lower court to undertake preliminary inquiries over a case with a
view of ascertaining whether sufficient materials exist so as to send the case to the higher
court for trial. All cases triable by High court and all other cases as directed by the DPP
should be initiated by way of committal proceedings in the District Court. S. 243-263CPA. In
Hassan Waliseme v. R (1958) EA 800 at p. 803 it was held inter alia that;
“Object of a preliminary inquiry is to disclose the substance of the
case which is proposed to be presented against an accused person so
that he shall not be taken by surprise at his trial. It is not his trial
and…he has every right to remain silent at the preliminary inquiry”.

9. Exclusive Jurisdiction

Certain courts to the exclusion of others have powers to try certain cases for example; all
offences punishable by death are exclusively the domain of the High Court or a court with
extended jurisdiction. Service offences against military men in the course of their duties are
exclusively triable by the Court Martial, under the National Defence Act. If another court tries
cases falling under the exclusive jurisdiction of another court the proceedings will be null and
void ab initio.

10. Concurrent Jurisdiction

Criminal courts are empowered to try certain matters concurrently. Eg. High Court enjoys
concurrent jurisdiction with other subordinate courts to try all cases triable by such courts as
per s. 164 (2) CPA. 1st schedule to the CPA and s. 63 MCA

Jurisdiction conferred by DPP

The Director of Public Prosecutions (DPP) has been given powers to confer jurisdiction to
certain courts in certain instances. Thus, the DPP may confer jurisdiction upon a court which
ordinarily does not have that jurisdiction save for the conference by the DPP. This power is
normally in respect of the following instances.

Economic offences triable by subordinate courts

Generally, the economic offences are triable by the Economic Court which is the High Court
sitting as such. The economic offences are those stipulated by the Economic and Organized
Crimes Control Act Cap 200. The first schedule to the Act provides the economic offences
to include:
 Offences relating to conservation of wildlife under the Wildlife Conservation Act;
 hoarding commodities;
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 Corruption offences under the Prevention and Combating of Corruption Act 2007;
 Money Laundering.
The economic offences are generally triable by the High Court. However the DPP may confer
jurisdiction upon subordinate courts to try the economic offences. Section 12(3) of Cap 200
(The Economic and Organized Crime Control Act) empowers the DPP or state attorney dully
authorised by him to order that any case involving an offence triable by Economic Court, to
be tried by a subordinate Court as he may specify in the certificate made under his hand. This
is known as a certificate of order for trial. Section 12(5) of Cap 200 provides that the
certificate when lodged to in the Court concerned, shall constitute full authority and confer
jurisdiction upon the court to try the case in question.

Economic court to try non-economic offences

As the name suggests, the Economic Court has jurisdiction to try economic offences.
However, the DPP may confer upon the Economic Court jurisdiction to try non-economic
offences. This is provided under Section 12(4) of Cap 200. Where the DPP deems
appropriate, he may order that a case instituted in a subordinate court involving a
noneconomic offence or involving both economic and non-economic offences to be instituted
in the Economic Court. In this scenario, the DPP confers upon the Economic Court
jurisdiction to try a non-economic offence which ordinarily it could not have jurisdiction over
it. It should be noted that if an economic offence is instituted before a non-economic Court
without the certificate of order for trial by the DPP, such court will lack jurisdiction over the
matter and the trial thereby conducted shall be rendered a nullity.

Jurisdiction of the Court to control proceedings

When dealing with the offences falling under their jurisdiction, the subordinate Courts have
powers to control and regulate those proceedings. In this regard, the Magistrate has powers to
reject a complaint or formal charge brought before it where there is a good cause. Also, it has
powers to order the date, time and venue where it will sit within its jurisdiction. It may decide
to sit even on Sunday or a public holiday (see ss. 10(3) and (5) of CPA and see also other
powers ss. 10(1) and 10(2), 29, 33, 64(1) (c), 67(3) 157, 225 all of CPA). The cumulative
powers given to the trial subordinate Courts by these sections and others, is that the court has
power to control its own proceedings and this in effects results into control of the powers of
DPP

“QUOD ISTE ET ISTE CUR NON EGO”