Nigeria, Like many other countries, upholds a fundamental principle: the presumption of innocence until proven guilty.
This cornerstone of fairness is enshrined in both national and international laws, ensuring that individuals accused of crimes are accorded their due rights and treated with respect throughout legal proceedings.
In this article, we delve into the rights of an accused person in Nigeria, highlighting the safeguards in place to protect their dignity and ensure a just process.
Fundamental rights, the bedrock of any just society, form the very essence of what makes our legal system equitable.
They ensure that fairness and justice prevail, even in the face of allegations.
One of such fundamental right is the right of an accused person, a concept deeply ingrained in the Nigerian legal framework. But who exactly is an accused person in Nigeria?
An accused person, as defined by Nigerian law, is an individual who has been formally charged with committing a crime or offense.
This legal status signifies that the person is undergoing a criminal prosecution and is entitled to certain rights and protections as guaranteed by the law.
Having understood who an accused person is, it’s imperative to spotlight the rights they are entitled to.
These rights stand as pillars of justice, ensuring that individuals facing accusations are treated with fairness and respect within our legal system.
We will explore 8 essential rights, unravelling the layers of protection that accompany the accused through their legal process.
Right to Legal Representation
This fundamental right, enshrined in both the Nigerian Constitution and international human rights conventions, ensures that individuals accused of crimes are provided with legal counsel to safeguard their rights, ensure a fair trial, and uphold the principles of justice.
If you find yourself accused of a crime, In such a crucial moment, the right to legal representation, as established by Section 36 (6) (C) of the 1999 constitution, becomes your lifeline.
It means you have the power to decide whether you will stand in your defence or engage a Lawyer of your choice.
No one can force you to accept legal help you don’t want. This right ensures that in the face of adversity, every accused person has a fair shot at a just legal
If the accused cannot afford a lawyer, one will be provided at no cost.
Presumption of Innocence
The most vital right of the accused is the presumption of innocence until proven guilty.
This means that the burden of proof rests with the prosecution to establish the accused’s guilt beyond a reasonable doubt.
When someone is accused of a crime in Nigeria, the law takes a stance “You are innocent until proven guilty.” It is a principle backed by Section 36 of the 1999 constitution.
This simply means that until a fair trial shows otherwise, the law considers the accused as innocent.
The accused does not need to prove their innocence; the state must prove their guilt.
It’s a vital safeguard that places the burden of proof on the prosecution, sparing the accused from having to prove their innocence.
In simple terms, it means that the legal system believes in your innocence until someone can convincingly prove otherwise.
This principle isn’t just about laws; it’s about respecting the rights and dignity of every person accused in Nigeria.
Right to a Fair Trial
Every accused person in Nigeria has the unequivocal right to a fair trial.
This includes the right to be heard in a competent, independent, and impartial court.
The trial must be conducted in a language they understand, and they have the right to legal representation.
Section 36(4) of our constitution guarantees a fair trial to anyone accused of a crime.
It means that during a criminal trial, all parties involved must have their chance to speak and be heard. If one side is silenced, the trial loses its purpose.
Protection Against Double Jeopardy
Here’s a key rule laid out in Section 36(9) of our constitution, the right against double jeopardy. What does this mean in everyday language?
If you’ve been through a trial in a proper court for a criminal offence, and you were either found guilty or declared innocent, you can’t be put on trial again for that same offence.
Not only that, but this rule also covers cases where the new charge is essentially the same as the previous one.
In simpler terms, it’s a safeguard that ensures once you’ve faced the legal music for a particular offence, you won’t have to dance to the same tune again in court.
This principle protects individuals from being repeatedly charged for the same alleged wrongdoing, adding a layer of security to our legal system.
Read Also : Right to know day: Nigeria’s FOI act and how to make a request
Protection Against Self-Incrimination
As stated in Section 36 (II) of the constitution, you have a valuable right: “No person who is tried for a criminal offence shall be compelled to give evidence at the trial.” What this means is quite simple.
You’re not obliged to testify or provide evidence against yourself during your trial.
Right to remain silent
The right to remain silent is crucial. An accused person is not obligated to testify against themselves, and their silence should not be used against them.
This right helps prevent self-incrimination and preserves the presumption of innocence.
While you can choose to be a witness in your own defence (as stated in Section 180 (a) of the Evidence Act), no one can force you to do so. You can keep silent throughout the proceedings if you prefer.
This principle safeguards your right against self-incrimination, ensuring that you can’t be pressured into saying something that might be used against you.
It’s about having the freedom to decide when and how to speak during your trial, ensuring a fair legal process.
Right to Be Tried for Recognized Offence
In Section 36(12) of the 1999 constitution, a crucial principle is laid bare:
“A person cannot be convicted of a criminal offence unless that offence is defined in written law, along with a prescribed penalty.”
If you find yourself facing charges or a trial in Nigeria, the alleged offence must be one that the law recognizes and clearly defines.
Moreover, the law must spell out the appropriate punishment for that specific offence.
In simpler terms, you can’t be held accountable for something that isn’t explicitly outlined in the law, and there must be a set punishment for it.
If the alleged offence doesn’t have a clear definition in the law, or if the law doesn’t specify a penalty for it, then any trial related to it is fundamentally flawed from the very start.
This principle ensures that people are only tried for offences that are well-established and known to the legal system, preserving the integrity of our legal processes.
Right to Know the Charges
This right is at the heart of all other rights granted to an accused person.
An accused has the fundamental right to be promptly informed, in a language they understand, and in detail about the nature of the offence they are charged with.
This is the cornerstone of arraignment, where the charges against the accused are not only read out but also explained in a language they comprehend.
It’s during this process that the accused is asked to plead in other words, declare whether they are guilty or not.
This right is so vital that it’s recognized in all procedural rules governing criminal proceedings.
It ensures transparency and fairness in the legal process by making sure that every accused person knows exactly what they are facing and can respond accordingly.
It’s a fundamental protection that underpins the entire framework of an accused person’s rights in the legal system.
What you should know
- An accused person in Nigeria also has the right to a trial without undue delay and prolonged detention without trial not only infringes upon this right but can also lead to miscarriages of justice.
- In non-capital cases, the accused has the right to be granted bail, except when there are substantial reasons to believe they may abscond or interfere with witnesses or evidence. This right prevents unnecessary pretrial detention.
- Regardless of the charges, an accused person has the right to be treated with dignity and respect. Torture, cruel, or degrading treatment is strictly prohibited.
- If found guilty, an accused person has the right to appeal the verdict. This ensures that even if an initial trial is flawed, there’s an opportunity for review by a higher court.
- The aforementioned rights remind us that transparency and access to information are fundamental.
- It is imperative to note that the rights of the accused are not mere legal technicalities. They are the bedrock of a just and equitable legal system.
- Respecting these rights not only safeguards the innocent but also ensures that the guilty are held accountable through fair and transparent processes.
