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 .
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
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
Post a Comment
Drop your comment here.