The ABC Of Criminal Trial In Nigeria, By Bro Chuks Ubani

Many Nigerians do not understand how our criminal justice system works. This is obvious from the comments of most of my friends that I read on Facebook. Let me give you an insight on how our criminal justice system works with the picture of this scenario that I will paint:

During an armed robbery operation, Bob, a 'notorious armed robber', was arrested by the police and charged  to court. The offence of armed robbery carries the death penalty. Even though Bob was arrested during a robbery operation (which means that he was caught in the act of robbery), under the 1999 Constitution of Nigeria, he is still entitled to certain rights and privileges. These constitutional rights include, but are not limited to the followings:

A. RIGHT TO LIBERTY  (SECTION 35)
(i) From the moment that Bob is arrested or detained, he has the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice. You can see that Bob's right to a legal practitioner is activated immediately he comes in contact with the law. He does not need to wait for anyone before activating his constitutional right. The Constitution has already afforded him that right even before now, but his contact with the law activates same. So, when an accused person, no matter how notorious, engages the services of a lawyer, he is exercising his constitutional right - S.35 (2).

(ii) He has the right to be taken to court within a reasonable time. He cannot be kept by the arresting agency endlessly. This means that there is a time limit within which an arresting agency can keep a suspect in their custody, no matter how heinous the crime might be -S.35 (4).

(iii) 'Reasonable time' in this case, for Bob whose offence is not ordinarily bailable, is two months, during which he can be under detention before being charged to  court, but this must be by court order -S35 (4) (a).
But where the arresting agency still needs more time to conclude their investigations, they can apply to the court for a further detention order.

(iv) If Bob is detained unlawfully, that is, if he is detained beyond the period permitted by the Constitution, he can sue and shall be entitled to compensation and public apology from the appropriate authority that detained him- 35 (6).

B. RIGHT TO FAIR HEARING (SECTION 36)
 (i)While in the court, irrespective of the fact that Bob was caught in the act, he is entitled to fair hearing within a reasonable time, by an independent and impartial court -36(1)

(ii) Irrespective of the fact that he was caught in the act, Bob is presumed innocent of the offence for which he is charged, until the prosecution proves it's case against him. This means that you cannot call Bob a criminal at this stage, because the law still presumes him to be innocent. He can sue anyone who calls him a criminal at this stage,since the court is yet to determine his guilt -36 (5).

(iii) Bob is entitled to be given time and facilities to prepare his case-36 (6)(b)

(iv) He is entitled to ANY LAWYER OF HIS CHOICE to defend him- 36 (6)(c).

C. IT IS ALSO IMPORTANT TO NOTE:
1. That since the offence for which Bob is charged carries the death penalty, where he cannot afford a lawyer, the state MUST, as a duty, provide him with one in court, free of charge, even at the expense of the state.
2. That even where Bob pleads guilty in court, the judge must record, "Not guilty" for him, and allow the prosecution to prove it's case against Bob.
3. The fact that Bob has legal representation does not mean that he cannot be convicted. Majority of convicts, either in or out of prison custody, at one time or the other, before their convictions, had legal representations, in spite of which they were still found guilty. So, Bob's conviction depends on the quality of evidence led by the prosecution.
3. If the prosecution proves it's case against Bob, he will be convicted and sentenced to death
4. If the prosecution fails to prove it's case, Bob will be discharged and acquitted.
5. Any party that is dissatisfied with the court's decision would go on appeal.

Above Is The Law Of The Land. It Has Nothing To Do With Sentiments, Religion Or Tribe. Same Rights And Privileges Are Available To All.

Thank you.