The Rights of an Accused Person in Nigerian Criminal Proceedings

Introduction

In Nigeria, the rights of an accused person are not mere ideals. They are constitutional protections. They ensure fairness, prevent abuse of state power, and uphold human dignity.

This guide outlines the fundamental protections that Nigerian law gives to accused persons.

What Laws Protect The Rights of An Accused Person?

The Constitution of the Federal Republic of Nigeria, 1999 (as amended) is the main law protecting the fundamental rights of accused persons. Section 36 of the Constitution sets out important fair trial rights.

The Administration of Criminal Justice Act (ACJA) 2015 and similar laws passed by states also provide rules that help protect these rights during criminal proceedings.

Key Rights of an Accused Person

1. Right to a Fair Hearing – Section 36(4), CFRN 1999

The constitution guarantees every accused person a fair hearing within a reasonable time. A court or tribunal established by law must hear the case. Every accused person is entitled to a public trial. Courts must hold all proceedings in open court. The public may freely enter and exit the courtroom to watch. This openness ensures that justice is not only done but seen to be done. done.

2. Right to Be Presumed Innocent – Section 36(5), CFRN 1999

Every accused person is presumed innocent until proven guilty. The burden of proof rests on the prosecution. It must prove guilt beyond reasonable doubt. No one can derogate from this presumption. It applies at every stage of the proceedings.f criminal proceedings.

3. Right to Know the Offence – Section 36(6)(a), CFRN 1999

Authorities must promptly tell every accused person, in a language they understand, what the allegation is. This right lets the accused prepare a defense. So the information given must be specific enough to allow that preparation.

4. Right to Adequate Time and Facilities to Prepare a Defence – Section 36(6)(b), CFRN 1999

Authorities must promptly tell every accused person, in a language they understand, what the allegation is. This right lets the accused prepare a defense. So the information given must be specific enough to allow that preparation.

5. Right to Legal Representation – Section 36(6)(c), CFRN 1999

The accused may defend themselves, or hire a lawyer of their choice. But if they cannot afford one, and justice requires it, the court must assign a lawyer at state expense. This matters most in capital cases, like murder or armed robbery, where legal representation is mandatory.

6. Right to Question Prosecution Witnesses (Cross Examine) – Section 36(6)(d), CFRN 1999

Every accused person may question the prosecution’s witnesses, either in person or through a lawyer. They may also call their own witnesses. The same conditions that apply to prosecution witnesses apply here too.

7. Right to an Interpreter – Section 36(6)(e), CFRN 1999

If an accused person does not understand the court’s language, they get a free interpreter. This right covers all documents in evidence. It covers every stage of the trial too.

8. Right to a Record of Proceedings – Section 36(7), CFRN 1999

The court must keep a record whenever it tries someone for a crime. The accused, or someone they authorize, may obtain copies of the judgment. They must request it within seven days of the case’s conclusion.

9. Protection Against Retroactive Criminal Laws – Section 36(8), CFRN 1999

No court may convict someone for an act that was not a crime when they did it. Likewise, no court may impose a heavier penalty than the law allowed at that time.

10. Protection Against Double Jeopardy – Section 36(9), CFRN 1999

No court may try a person twice for the same offense once a competent court has convicted or acquitted them. This protection stops harassment through repeated prosecution.

11. Protection After a Pardon – Section 36(10), CFRN 1999

If an accused person shows they received a pardon for an offense, no court may try them for it again.

12. Right to Remain Silent – Section 36(11), CFRN 1999

An accused person may stay silent during investigation, trial, or any stage of the proceedings. No court may hold that silence against them. Any statement they do make must be voluntary. So courts must exclude confessions obtained through torture, inducement, or threat.

13. Right Against Retrospective Criminalisation – Section 36(12) CFRN 1999

No court may convict someone for an act that was not a crime when they did it. Likewise, no court may impose a heavier penalty than the law allowed at that time.

Why The Rights Of An Accused Matter

These rights are important because an accusation is not the same as a conviction. The criminal justice system must give every accused person a fair opportunity to understand the case against them. They have a right to respond to the allegations, and defend themselves. However, having rights under the law is only the first step. Those rights must also be respected and enforced.

Organisations such as AWJAI play an important role in promoting access to justice, providing legal assistance, monitoring violations, and advocating for accountability within the justice system.

Knowing your rights can help you recognise when those rights have been violated and seek appropriate help.

Need Help? If you or someone you know has experienced a violation of their rights, you can report it to AWJAI.

For legal assistance or to report a violation, fill out our violation report form: https://awjai.org/report-a-violation/