Law

The Right of an Accused Person Under the Nigerian Legal System

The Right of an Accused Person Under the Nigerian Legal System

ABSTRACT

Under the Nigerian criminal justice, the constitutional right of an accused person is enshrined in Section 35 and 36 of the Constitution of the Federal Republic of Nigeria 1999 such rights include, the right to be informed promptly in the language that he understands, the details and nature of the offence of the accused, the right to be given adequate time to prepare his defence, the right to defend himself in person or by a legal practitioner of his own choice, the right to have an interpreter free of charge if he does not understand the language of the court, the right to have a record of the proceeding kept and the right to have copies of this within seven days of the conclusion of the case, the right to remain silent during the trial, the right not to be tried and convicted twice for the same offence, the right to be presumed innocent until he is proved guilty and the right not to be charged for an unwritten offence. All these rights are aimed at ensuring that an accused person is not unjustly dealt with.

Also, the relevant provisions in CRIMINAL PROCEDURE CODE, CRIMINAL PROCEDURE ACT and the CHILD RIGHT ACT shed more light on the rights of an accused person in criminal trials. The thesis in its totality is channelled toward making sure that Nigerians are fully informed/aware of their rights especially the accused person and how it could be enforced. This project will not seek to look at the rights generally but most importantly the right of an accused person vis-a-vis the relevant provisions.

TABLE OF CONTENTS

ABSTRACT

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBREVIATIONS

CHAPTER 1

GENERAL INTRODUCTION:

1.0.0: INTRODUCTION

1.1.0: BACKGROUND TO THE STUDY

1.2.0: STATEMENT OF THE PROBLEM

1.3.0: OBJECTIVE OF THE STUDY

1.4.0: PURPOSE OF THE STUDY

1.5.0: METHODOLOGY

1.6.0: DEFINITION OF TERMS

1.7.0: LITERATURE REVIEW

1.8.0: CONCLUSION

CHAPTER 2

THE CONCEPT OF HUMAN RIGHTS

2.0.0: INTRODUCTION

2.1.0: HISTORICAL DEVELOPMENT OF HUMAN RIGHTS IN NIGERIA

2.2.0: DISTINCTION BETWEEN HUMAN RIGHTS AND FUNDAMENTAL HUMAN RIGHTS

2.3.0: CONCLUSION

CHAPTER 3

THE CONCEPT OF RIGHTS OF AN ACCUSED PERSON

3.0.0: INTRODUCTION

3.1.0: THE RIGHT OF AN ACCUSED UNDER

3.2.0: THE CONSTITUTION

3.3.0: THE RIGHT OF CRIMINAL PROCEDURE CODE

3.4.0: THE RIGHT OF CRIMINAL PROCEDURE ACT

3.5.0: THE JUVENILE CRIME AND THE CHILD RIGHTS ACT

3.6.0: CONCLUSION

CHAPTER 4

SAFEGUARD FOR THE RIGHT OF AN ACCUSED PERSON

4.0.0: INTRODUCTION

4.1.0: THE AWAITING TRIAL OF AN INMATE AS AN ACCUSED PERSON

4.2.0: THE ROLE OF LEGAL AID COUNSEL, BAR ASSOCIATION

4.3.0: CONCLUSION

CHAPTER 5

GENERAL CONCLUSION

5.0.0: CONCLUSION

5.1.0: RECOMMENDATIONS

BIBLIOGRAPHY

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

When a suspect is described as having rights, he is acknowledged to be entitled to something to which he has just claim under the law. By man’s creation, he has certain rights which are common to those of all other men. Most of the fundamental rights are in a sense natural rights vested in every individual and to which he is entitled without any obligation or duty on the part of the government to provide facilities for their enjoyment. Moreover, all fundamental rights are in the final analysis rights, which impose limitations on executive, legislative or judicial powers of the government and are accordingly easily justifiable. Fundamental Human Right entails universal humanity which men enjoy and shares with his fellow men whether he is a suspect or a freeman. This in its totality has informed the writing of this project.

1.1.0: BACKGROUND TO THE STUDY

Based on the adoption of the universal declaration of Human Rights and the incorporation of fundamental human rights in our constitution, basic fundamental human rights have been created and should be respected by all men in Nigeria society. Unfortunately, however, many people in our society face untold hardship day in day out because they are denied their basic rights, which normally the Constitution of Nigeria would enforce even though they are suspects but because they are unaware of these rights they rarely or never claim them. However, those who are saddled with these responsibilities fail to do their work properly. In this respect, this project will discuss some of the rights and the major rights of the suspects and how they could be known, respected and enforced properly by those concerned.

1.2.0: STATEMENT OF THE PROBLEM

Even though there is a universal declaration of Fundamental Human Rights and Chapter IV of the Nigerian constitution in Fundamental Human Rights, the practicality has not been perfect because of the prevailing situation of unlawful treatment of suspects in the country.

It is unlawful to treat suspects anyhow simply because they are being regarded as suspects. This clearly shows that the judiciary is aware of the right of an accused person and that it is sacrosanct and cannot be taken away unlawfully in this country. The violations of these rights have been so rampant in Nigeria.

1.3.0: OBJECTIVE OF THE STUDY

i. To study the relevance of the rule of law as a vital instrument for the protection and enjoyment of Fundamental Human Rights by the people most especially an accused person, who is the main centre of this work.

ii. To know the principle of the rule of law, through which the rights of the accused can be respected and recognized by everyone.

iii. To enable the people to know the best way to seek redress in the court of law whenever their rights are being infringed upon.

1.4.0: PURPOSE OF THE STUDY

Ignorance as we all know is a disease and has been earlier saying, Nigerians generally are not well abreast of their legal rights even though it has been boldly written and spelt out in the Constitution of the country. But because every disease has a cure, the
cure for the lack of awareness of these rights is the major purpose of this work particularly the right of an accused as stipulated in section 36 of the Constitution of the Federal Republic of Nigeria. Which are: Right to silence, Right to be presumed innocent until proved guilty, Right to an interpreter, Right to be informed properly the nature and detail of the charge among others

1.5.0: METHODOLOGY

The method that will be used to carry out this work is descriptive and not analytical.

Major primary and secondary sources of law would be considered for the proper appraisal of this topic. The primary sources include the Constitution of the Federal Republic of Nigeria, mainly Chapter IV and Section 35 and 36; the Criminal Procedure Code; the Criminal Procedure Act; and the Child Rights Act. The secondary source includes the International Articles on pro-bono services.

References

Adesiyan D.O, An Accused person’s Rights in Nigeria Criminal Law (Heinmann Educational Books (Nigeria) Plc pub. 1996)

Ajomo M.A, Individual Rights under the 1989 Constitution (Nigeria Institute of Advanced Legal Studies 1993).

Bodede J, Criminal Evidence in Nigeria (Revised Edition, Florence and Lambard (Nig) Ltd., 2008).

Ibrahim I, A Highlight on the Constitutional Safeguard for an Accused person’s Rights to Fair Trial in the Nigeria Criminal Justice (The Legal issues in honour of Justice Belgore S.M.A, 2008).



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