Can Criminal and Civil Cases Run at the Same Time in Nigeria? — Insight from Adebiyi v. Adebiyi

When disputes arise between individuals, it is possible for the same situation to create both civil and criminal legal issues. Many people assume that once a civil case has been filed, any related criminal proceedings must stop until the civil matter is concluded. However, Nigerian law takes a different approach.

A leading authority on this issue is the case of Adebiyi v. Adebiyi, which clarified that criminal and civil matters can proceed simultaneously, even when they involve the same parties.

This decision is particularly important for lawyers, litigants, and anyone involved in legal disputes in Nigeria.

Background of the Case

In Adebiyi v. Adebiyi, the parties were involved in ongoing divorce, custody, and maintenance proceedings, which are civil matters.

At the same time, one party initiated a criminal complaint for child abduction against the other. The criminal matter was filed before the Upper Area Court.

However, the trial court decided to quash the criminal proceedings, apparently on the ground that the parties were already engaged in civil litigation.

This decision raised an important legal question about whether criminal proceedings should continue when civil proceedings involving the same parties already exist.

Legal Issue

The key question before the Court of Appeal was:

Can criminal proceedings run simultaneously with civil proceedings involving the same parties and related issues?

Decision of the Court of Appeal

The Court of Appeal, in a judgment delivered on Wednesday, 7 November 2018, held that:

A criminal matter can rightly proceed side by side with a civil matter in the same court or another in respect of the same parties.

The court explained that criminal liability and civil liability are separate and independent under the law.

In this case:

• The divorce, custody, and maintenance claims were civil matters.
• The abduction allegation constituted a criminal offence.

Because the nature and objectives of the proceedings were different, both cases were allowed to coexist and proceed at the same time.

The Court of Appeal further held that the trial court was wrong to quash the criminal proceedings before the Upper Area Court.

Key Legal Principle Established

The ruling in Adebiyi v. Adebiyi established an important legal principle:

The existence of a civil case does not prevent the prosecution of a criminal offence arising from the same set of facts.

This means:

• Criminal proceedings can continue even when a civil case is pending.
• The same parties may appear in different courts for different purposes.
• Each court will determine the matter based on the applicable law and evidence before it.

Why This Case Matters

This decision is significant because it reinforces the independence of criminal law from civil law in Nigeria.

For litigants and legal practitioners, the ruling confirms that:

• Filing a civil action does not automatically stop criminal prosecution.
• Parties cannot rely on ongoing civil litigation as a shield against criminal liability.
• Courts have the authority to hear and determine criminal and civil matters separately.

Practical Implication for Litigants

If you are involved in a dispute, it is important to understand that:

• A civil case may seek remedies like damages, divorce, custody, or maintenance.
• A criminal case focuses on punishing an offence against the law.

Because their objectives are different, both proceedings may run concurrently.

Case Citation

Adebiyi v. Adebiyi
Court: Court of Appeal
Judgment Date: Wednesday, 7 November 2018
Reference: (2024) 8 NWLR (Pt. 1939) 1
Relevant Page: P. 30, paras. E–F