Skip to main content

THE RIGHTS OF AN ACCUSE PERSON FACING TRIAL IN NIGRIA

Constitutional safeguard of an accuse person in Nigeria.
The constitution of the Federal Republic of Nigeria guarantees fair hearing to every person charged or accused of criminal offence. It provides that in any trial of an accuse person before a court of law, he or she should be protected by this constitutional rights .
Constitutional safeguards presuppose that an accused person arrested or detained in custody must be accorded with all the  rights as guaranteed in the 1999 constitution of the Federal Republic  of Nigeria.
These Rights Includes;
Presumption of innocence ,the accused person shall remain innocent until proved guilty of the offence charged.
public trial for criminal offence (except in certain circumstances – public safety/order, welfare of child offenders etc.)Written charge informing the individual of the detail and nature of the offence,
Adequate time and facilities for preparation of his/her defence .
Right to a legal practitioner of his/her choice.
Right to Legal Aid .ie to  provide the accuse person  with access to justice.
Right to examine witnesses and call witnesses of his/her own choice.
Right to interpreter if he/she cannot understand the language used at the trial
Access to the records of the trial proceedings
Right not to be punished or tried retrospectively. Which means person can’t be found guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed.
No person can be tried for a criminal offence if he/she has been previously either convicted or acquitted for that offence or for a criminal offence having the same ingredients as that offence unless upon the order of a superior court.
No person who shows that he has been pardoned for a criminal offence shall again be tried for that offence.
No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
No person shall be convicted of a criminal offence unless that offence is defined and the penalty is prescribed in a written law in Nigeria.


U


Comments

Popular posts from this blog

STATEMENT BY THE CHAIRMAN, NBA ABUJA BRANCH (UNITY BAR)

NBA ABUJA BRANCH CONDEMNS THE ARREST, HARASSMENT AND DETENTION OF LAWYERS IN THE COURSE OF PROFESSIONAL DUTIES The Nigerian Bar Association, Abuja Branch (Unity Bar), strongly condemns the arrest, handcuffing, harassment and detention of *Mr. Simon Eromosele, Esq.*, a member of the NBA Abuja Branch (Unity Bar), on the 14th of August, 2026, while carrying out his legitimate professional duties as Counsel. From the account presented to the Branch, Mr. Eromosele was at the OPay office in Jabi, Abuja, to follow up on a formal request made on behalf of his client concerning debit restrictions placed on the client’s OPay account, and to seek disclosure of the legal basis for the restriction, including the production of any court order purportedly authorising it. Rather than being permitted to complete that professional engagement, Mr. Eromosele was reportedly arrested, handcuffed and taken first to the Utako Police Station and subsequently to the IG Monitoring Unit at Force Headq...

NBA Anaocha Branch Honours Okey Wali, SAN with Hall Naming Recognition.

NBA Anaocha Branch Names Hall After Okey Wali, SAN The (NBA), Anaocha Branch (Family Bar), has resolved to name its main meeting hall after the 26th President of the Association, . This decision was reached during the Branch’s monthly general meeting, where members unanimously approved the naming of the hall as “Hon. Okey Wali, SAN Hall of Honour.” The honour is in recognition of Okey Wali, SAN’s outstanding contributions to the legal profession, as well as his enduring support and commitment to the growth and unity of the Nigerian Bar, particularly the Anaocha Branch. According to the Branch, the resolution reflects deep appreciation for his legacy of service, leadership, and dedication to the advancement of justice and the rule of law. The formal naming and commissioning of the hall will take place during the Branch’s 2026 Law Week , scheduled to commence on May 8, 2026 . The event is expected to attract members of the Bar, senior advocates, and key stakeholders wi...

NBA Abuja Branch Vice Chairman Secures Release of Two Inmates After Three Years in Custody

In a significant human rights intervention, the Vice Chairman of the Nigerian Bar Association (NBA), Abuja Branch (Unity Bar), and Chairman of the Branch Human Rights Committee, Ikemefuna Onyeka, Esq., has facilitated the release of two Inmates, Bali Joshua and Paul Sunday, who had been in custody since 2023 in connection with an alleged homicide. Upon assuming office on 31st July 2026, Ikemefuna Onyeka, Esq. was briefed on the prolonged detention of the two individuals, whose matter had remained unresolved for more than three years. Although the Human Rights Committee of the Branch had not yet been formally inaugurated, the Vice Chairman immediately took steps to address the matter, demonstrating an early commitment to the protection of fundamental human rights and access to justice. Following his intervention, Dr. Amin Abdulhaleem, Esq. and Joseph Okolo, Esq. were engaged to commence appropriate legal proceedings for the enforcement of the inmates’ fundamental rights. The...