ATTENDANCE OF PARTIES: EFFECT & IMPORTANCE IN CRIMINAL TRIAL.

A). Attendance of the Accused Person.

Any person who is charged with a criminal offence must attend his trial from the day he is arraigned to the day his sentenced "unless he misconduct himself by so interrupting the proceedings or otherwise as to render the continuance in his presence impracticable" - S.210 CPA

Where such absent is without cogent or compelling reason the court may issue a bench warrant to effect such attendance.

Generally a trial conducted in the absence of an accused shall be void; however there are instances where the law permits to continue trial in the absence of an accused.

This exceptions are:

i). When a person is charged with an offence for which the penalty does not exceed #100 fine or 6month imprisonment or both. The court may dispense with the personal attendance of the accused person in such matter (Misdemeanour offence). The accused in such instance must however (1) be represented by a counsel (2).Pleads guilty in writing. See. S.100C.P.A, S.154 C.P.C

ii). Under S.230(2)C.P.A, the court can also dispense with the presence of the accused if he is of unsound mind.

iii). Where an accused misconduct himself by so interrupting the proceedings or otherwise as to render there continuance in his presence impracticable - S.210 C.P.A, S.208 ACJL.

B). Attendance of Complainant in court.

A complainant may be a victim, police or the state, it is important that the complainant be present during trial, failure to this effect may lead to a dismissal of the complaint and discharge of the accused person.

However where the complainant gives reasonable doubts as to his absence the court may adjorn the hearing to a future date. -. S.282 C.P.A, S.236 ACJL

NOTE: Where both parties (accused and complainant) are absent the court can in such situation:

- issue a bench warrant for the arrest of the accused person (if he is on bail)

- Make an order that the complainant must be present at the next adjourned date.

- Dismiss the complainant and discharge the accused person such a discharged is however not a bar to subsequent proceedings against the accused.

C). Attendance of a Material or vital witness

Where a witness is needed to testify or give evidence in court and such witness is absent from trial. The court may issue summons requiring the witness to attend the court.

Other measures the court can take to secure the attendance of a vital witness includes:


- Issue a subpoena to compell the attendance

- Issue a warrant of arrest (where there is no justifiable reason for absence).

- Issue a bench warrant

This processes are however issued upon the application of party for which it's needed.

D). Attendance of counsel in court

One of the right of an accused by virtue of S.36(6)C.F.R.N. Provides that "Every person who is charged with a criminal offence shall be entitled to defend himself in person or by a legal practitioner of his choice"

Thereto where a counsel fails to attend trial, he must inform the court of the cogent reason to justify his absence, or another counsel is briefed to take up the matter. Failure in doing any of this,expose the accused to the task of defending himself.

However in a capital offence, the accused shall be assigned a counsel to represent him.

Every counsel in his representation is saddled with certain responsibilities, they owe a duty to the court and to there client. thus we shall be looking at the duty of a counsel in criminal trials.

* Duty of Prosecuting counsel

(a) He is to be fair and impartial

(b) He shall not withhold the existence of any adverse decision on a point of law favourable to the accused.

(c) Duty to make available to the accused person evidence favourable to him

** Duty of Defence Counsel

(a). Duty to accept brief. R.24(1)R.P.C

(b). Duty to preserve confidential information R.19(1) & (2) R.P.C

(c). Duty to appear in a litigation for the accused until the conclusion of the case R.21(1) & 14(4) R.P.C.

(d). Duty to exercise professional competence R.14. R.P.C