The Right of An Accused Person Under

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}\viewkind1\viewscale100\par\pard\ql \ul0\nosupersub\cf1\f2\fs32 THE RIGHT OF AN
ACCUSED PERSON UNDER \par
THE NIGERIAN LEGAL SYSTEM \par\pard\par\pard\ql
\ul0\nosupersub\cf3\f4\fs27 BY \par\pard\par\pard\ql AREMU TAIWO OLUWASEYI \par
MATRIC NO.: 06/40IA049 \par\pard\par\pard\ql MAY 2011 \par\pard\par\pard\ql \u
l0\nosupersub\cf1\f2\fs32 THE RIGHT OF AN ACCUSED PERSON UNDER THE \par NIGERIAN
LEGAL SYSTEM \par\pard\par\pard\ql \ul0\nosupersub\cf3\f4\fs27 BY \par\pard\par
\pard\ql AREMU TAIWO OLUWASEYI \par
MATRIC NO.: 06/40IA049 \par\pard\par\par
d\ql \ul0\nosupersub\cf2\f3\fs24 BEING A LONG ESSAY SUBMITTED TO THE FACU
LTY OF LAW, UNIVERSITY OF ILORIN, ILORIN, NIGERIA, IN PARTIAL FULFILMENT OF T
HE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF BACHELOR OF LAW (LL.B HON
S.) IN COMMON LAW/COMMON AND ISLAMIC LAW \par\pard\par\pard\ql \ul0\nosupersub\c
f3\f4\fs27 MAY 2011 \par\pard\par\pard\ql \ul0\nosupersub\cf4\f5\fs22 ii \par\pa

rd\par\pard\ql \ul0\nosupersub\cf1\f2\fs32 CERTIFICATION \par\pard\par\pard\ql T
\ul0\nosupersub\cf2\f3\fs24 his is to certify that this long essay: THE
RIGHT OF AN ACCUSED PERSON UNDER THE NIGERIAN LEGAL SYSTEM was writte
n by AREMU TAIWO OLUWASEYI. It has been read and approved as meeting part of th
e requirements for the award of Bachelor of Law (LL.B Hons.) Degree in Common La
w/Common and Islamic Law in the Faculty of Law, University of Ilorin, Ilorin, Ni
geria. \par\pard\par\pard{
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}\par\pard\par\pard\ql \ul0\nosupersub\cf4\f5\fs22 iii \par\pard\par\pard\ql \ul
0\nosupersub\cf3\f4\fs27 ABSTRACT \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\f
s24 Under the Nigerian criminal justice the constitutional right of an accused p
erson is enshrined in Section 35 and 36 of the Constitution of the Federal R
epublic of Nigeria 1999 such rights include, the right to be informed promptly i
n the language that he understands, the details and nature of the offence of the
accused, the right to be given adequate time to prepare his defence, the right
to defend himself in person or by legal practitioner of his own choice, the righ
t to have an interpreter free of charge if he does not understand the language o
f the court, the right to have record of the proceeding kept and the right to ha
ve copies of this within seven days of the conclusion of the case, the right to
remain silent during the trial, the right not to be tried and convicted twice fo
r the same offence, the right to be presumed innocent until he is proved guilty
and the right not to be charged for an unwritten offence. All these rights aimed
at ensuring that an accused person is not unjustly dealt with. \par\pard\par\pa
rd\ql Also the relevant provisions in CRIMINAL PROCEDURE CODE, CRIMINAL PROCEDU
RE ACT and the CHILD RIGHT ACT shed more light on the rights of an accused perso
n in criminal trials. The thesis in its totality is channelled toward making sur
e that Nigerians are fully informed/aware of their rights especially the accused
person and how it could be enforced. This project will not seek to look at the
rights generally but most importantly the right of an accused person vis-a-vis t
he relevant provisions. \par\pard\par\pard\ql \ul0\nosupersub\cf4\f5\fs22 iv \pa
r\pard\par\pard\ql \ul0\nosupersub\cf3\f4\fs27 TABLE OF CONTENTS \par\pard\par\p
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30?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?
\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230? v}\cell
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}\par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 CHAPTER 1 \par\pard\par\pard\
ql GENERAL INTRODUCTION: \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 1.0.0
:\ul0\nosupersub\cf2\f3\fs24 \ul0\nosupersub\cf6\f7\fs24 INTRODUCTION\u8230?\u
8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u823
0?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?... 1 1.1.0: B
ACK GROUND TO THE STUDY\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\
u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?... 1 1.2.0: STATEMENT OF THE P
ROBLEM\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u82
30?\u8230?\u8230?\u8230?\u8230?... 2 1.3.0: OBJECTIVE OF THE STUDY\u8230?\u8230
?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u
8230?\u8230?\u8230?\u8230?... 2 1.4.0: PURPOSE OF THE STUDY\u8230?\u8230?\u8230
?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u
8230?\u8230?\u8230?\u8230?... 3 1.5.0: METHODOLOGY\u8230?\u8230?\u8230?\u8230?\u
8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u823
0?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230? 4 \par\pard\par\pard\ql \ul0
\nosupersub\cf4\f5\fs22 v \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 1.6.
0: DEFINITION OF TERMS\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u
8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?.. 4
1.7.0: LITERATURE REVIEW\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230
?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?..
5 1.8.0: CONCLUSION\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8
230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230
?\u8230?\u8230?\u8230?. 7 \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 CHAP
TER 2 \par\pard\par\pard\ql THE CONCEPTOF HUMAN RIGHTS \par\pard\par\pard\ql \ul
0\nosupersub\cf6\f7\fs24 2.0.0: INTRODUCTION\u8230?\u8230?\u8230?\u8230?\u8230?
\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8
230?\u8230?\u8230?\u8230?\u8230?\u8230? 8 2.1.0: HISTORICAL DEVELOPMENT OF HUMA
N RIGHT IN NIGERIA\u8230?. 11 2.2.0: DISTINCTION BETWEEN HUMAN RIGHT AND \par\p
ard\par\pard\ql
FUNDAMENTAL HUMAN RIGHT\u8230?\u8230?\u8230?\u8230?\u823
0?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?... 15 2.3.0:
CONCLUSION\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230
?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u
8230?\u8230?..35 \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 CHAPTER 3 \pa
r\pard\par\pard\ql THE CONCEPT OF RIGHTS OF AN ACCUSED PERSON \par\pard\par\pard
\qc \ul0\nosupersub\cf6\f7\fs24 3.0.0: INTRODUCTION\u8230?\u8230?\u8230?\u8230?
\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8
230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230? 36 3.1.0: THE RIGHT OF AN ACCUSE
D UNDER\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8
230?\u8230?. 37 3.2.0: THE CONSTITUTION\u8230?\u8230?\u8230?\u8230?\u8230?\u823
0?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\
u8230?\u8230?\u8230? 37 3.3.0: THE RIGHT OF CRIMINAL PROCEDURE CODE\u8230?\u823
0?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?.. 57 3.4.0: THE RIGHT OF CRIMINAL
PROCEDURE ACT\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?. 59
\par\pard\par\pard\ql \ul0\nosupersub\cf4\f5\fs22 vi \par\pard\par\pard\ql \ul0
\nosupersub\cf6\f7\fs24 3.5.0: THE JUVENILE CRIME AND THE CHILD RIGHT ACT\u8230
?\u8230?\u8230?\u8230?\u8230?\u8230? 60 3.6.0: CONCLUSION\u8230?\u8230?\u8230?\
u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u82
30?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?. 62 \par\pard\par\pa
rd\ql \ul0\nosupersub\cf2\f3\fs24 CHAPTER 4 \par\pard\par\pard\ql SAFEGUARD FOR
THE RIGHT OF AN ACCUSED PERSON \par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 4.0

.0: INTRODUCTION\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?
\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8
230?\u8230? 63 4.1.0: THE AWAITING TRIAL OF AN IN-MATE AS AN ACCUSED \par
PERSON\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u82
30?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?
\u8230?\u8230?\u8230?\u8230? 63 4.2.0: THE ROLE OF LEGAL AID COUNSEL, BAR ASSOC
IAGTION\u8230?\u8230?\u8230? 66 4.3.0: CONCLUSION\u8230?\u8230?\u8230?\u8230?\u
8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u823
0?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?.. 79 \par\pard\par\pard\ql \
ul0\nosupersub\cf2\f3\fs24 CHAPTER 5 \par\pard\par\pard\ql GENERAL CONCLUSION \p
ar\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 5.0.0: CONCLUSION\u8230?\u8230?
\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8
230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230? 80 5.1.0: R
ECOMMENDATIONS\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8
230?\u8230?\u8230?.\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?. 81 BIBLOGR
APHY\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230
?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u8230?\u
8230?\u8230?\u8230?. 83 \par\pard\par\pard\ql \ul0\nosupersub\cf4\f5\fs22 vii \p
ar\pard\par\pard\ql \ul0\nosupersub\cf3\f4\fs27 DEDICATION \par\pard\par\pard\ql
\ul0\nosupersub\cf6\f7\fs24 This project is dedicated to my Father, the Almight
y God, Jesus Christ of Nazareth the creator of heaven and earth who has make the
completion of this work a reality, even though it was not easy but his grace sa
w me through and to all accused person which right have been infringed on. \par\
pard\par\pard\ql \ul0\nosupersub\cf4\f5\fs22 viii \par\pard\par\pard\ql \ul0\nos
upersub\cf3\f4\fs27 ACKNOWLEDGEMENT \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7
\fs24 With a sincere heart, full of praise to God, I acknowledge the extra-ordin
ary grace, favour and the mercy of God over my life throughout my under-graduate
days. To Him alone be all the glory, honour and praise forever, amen. \par\pard
\par\pard\ql My profound gratitude goes to my parent, Mr. & Mrs. H. B. Aremu for
their love, support care, prayers and lots more. Dad & Mum, words will not be a
ble to exhaust how much you mean to me, honestly you are too much. May God\u8217
?s blessing be real upon you. Also I appreciate my siblings: Arry Opeyemi, Arry
Oluwatosin, Arry Ayodeji, Arry Temi Tayo and Arry Oluwagbemisola for your l
ove and advice WOH!!! You guys are too great, I love you dearly. \par\pard\par\p
ard\ql To my pastor, Dad and Mum Popoola, thank you. I\u8217?d like to thank Chi
ef Olufemi Ibitoye for his assistance. Daddy, you and your family will never kno
w sorrow in Jesus name. I appreciate Barrister Imam Fulani of the Ministry of Ju
stice, and his boss for their love, assistance and care. Infact, you are too muc
h sir and ma. May God bless you superabundantly. Mr Jubril, thank you. To all st
affs of the Legal Aid Department, thanks a lot. Mummy Deborah in that department
, I say a big thank you. Also, I appreciate all the members of the Abdulsalam Ku
tu Chambers at Adewole particularly Barrister Mahmud Abdulraheem and Lawyer Kose
mani S.M.H; I\u8217?m very grateful for your assistance, and for granting me acc
ess to your library, you are lifted sir! \par\pard\par\pard\qj My sincere gratit
ude goes to Daddy & Mummy Awoyemi and children, for their love, care and conc
ern about my work. May your joy know no limit. More importantly, Dr. A
woyemi Olutosin Adedayo, my bosom friend\u8230?you are too much! To all members
of the New Testament Christian Mission Campus Fellowship, God \par\pard\par\pa
rd\ql \ul0\nosupersub\cf4\f5\fs22 ix \par\pard\par\pard\ql \ul0\nosupersub\cf6\f
7\fs24 bless you. To Baba Alimi, the typist, thanks for your correction and for
making my work a success. \par\pard\par\pard\ql I appreciate my supervisor Barri
ster Ibrahim Imam for his fatherly concern, care, love and support. May God bles
s you and your family. To my friends, Tomi, Jibola, wonuola, Wunmi, Br.Emma T
itiloye Abiola, Tobi, Remi, Nike, and Adeleke, Adekunle, Akanni, thanks a
lot. \par\pard\par\pard\ql To all those I was unable to mention their names, you
are likewise important. I say a big thank you and GOD bless you. \par\pard\par\
pard\ql \ul0\nosupersub\cf4\f5\fs22 x \par\pard\par\pard\ql \ul0\nosupersub\cf3\
f4\fs27 TABLE OF CASES \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 NIGERIA
\par\pard\par\pard\ql \ul0\nosupersub\cf8\f9\fs24 Aliu Bello V the Attorney Gen
eral of Oyo State (1986) 5 NWLR 828 Dele Giwa V Inspector General of Police 6
NCLR 369 Dogo V Commissioner of Police (pt.1980) 1 NCR 14, 17 \par\pard\par\pard
\ql Domini Peter Ekannen V Assistant Inspector General of Police (2008) All FWLR
(pt.420) 77, 775 \par\pard\par\pard\ql Gani Fawehinmi V Abacha (1998) 1 HRLRA L
iversidge V Anderson (1942) AC206, 244 \par\pard\par\pard\ql Nigeria Custom Pris
on Service V Adekeye (2002) 7 S.C (pt.111) P.188, 195 Ogoli V Federal Republic o
f Nigeria (2002) 10 NSCQR (pt.1) 498 Olufeagba V Abdur-Raheem (2010) All FWLR (p
t.512) 1033, 1042 Shugaba Darman V Minister of Internal Affairs (1981) 2 NCLR 45
9 Thomas & four other V Timothy Olufosoye (1966) All NLR 178 Tori V National Par
k Service of Nigeria (2009) All FWLR (pt.495) 1779, 1789 Uwaekweghinya V State (
2005) 1 NCC 369, 379 \par\pard\par\pard\ql Uwazurike V Attorney General of the F
ederation (2009) All FWLR (pt.489) 549, 553 \par\pard\par\pard\ql \ul0\nosupersu
b\cf4\f5\fs22 xi \par\pard\par\pard\ql \ul0\nosupersub\cf3\f4\fs27 TABLE OF STAT
UTES \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 NIGERIA \par\pard\par\par
d\ql \ul0\nosupersub\cf6\f7\fs24 \u-3913?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosu
persub\cf6\f7\fs24 Child Right Act cap 50 LFN 2004 \par\pard\par\pard\ql \u-39
13?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Constitution of F
ederal Republic of Nigeria 1999, Cap 24, LFN 2004 \u-3913?\ul0\nosupersub\cf9\f1
0\fs24 \ul0\nosupersub\cf6\f7\fs24 Criminal Procedure Act, Laws of Southern N
igeria \par\pard\par\pard\ql \u-3913?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupers
ub\cf6\f7\fs24 Criminal Procedure Code, Laws of Northern Nigeria \u-3913?\ul0\
nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Laws of Kwara State of Ni
geria Vol.1 Cap 29 \u-3913?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\
fs24 Legal Aid Act Cap.L9 Vol.8 LFN 2004 \par\pard\par\pard\ql \u-3913?\ul0\no
supersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Promulgation of Cap.10 (Rat
ification and Enforcement ACT) LFN 1990 \par\pard\par\pard\ql \ul0\nosupersub\cf
4\f5\fs22 xii \par\pard\par\pard\ql \ul0\nosupersub\cf3\f4\fs27 LIST OF ABBREVIA
TIONS \par\pard\par\pard{
\trowd\trautofit1\intbl{\ul0\nosupersub\cf6\f7\fs24 \u-3913?}\cell{\ul0\nosupers
ub\cf6\f7\fs24 ABULSJ:}\cell{\ul0\nosupersub\cf6\f7\fs24 Ahmadu Bello University
Law Society Journal}\cell
\row}
ub\cf6\f7\fs24 AC:}\cell{\ul0\nosupersub\cf6\f7\fs24 Appeal Cases}\cell
\row}
ub\cf6\f7\fs24 CAP:}\cell{\ul0\nosupersub\cf6\f7\fs24 Chapter}\cell
\row}
ub\cf6\f7\fs24 FWLR:}\cell{\ul0\nosupersub\cf6\f7\fs24 Federal Weekly Law Report
}\cell
\row}
ub\cf6\f7\fs24 HRLRA:}\cell{\ul0\nosupersub\cf6\f7\fs24 Human Right Law Reports
of Africa}\cell
\row}
ub\cf6\f7\fs24 LFN:}\cell{\ul0\nosupersub\cf6\f7\fs24 Law of the Federation of N
igeria}\cell
\row}
ub\cf6\f7\fs24 NCC:}\cell{\ul0\nosupersub\cf6\f7\fs24 Nigeria Constitutional Cas
es}\cell
\row}
ub\cf6\f7\fs24 NCLR:}\cell{\ul0\nosupersub\cf6\f7\fs24 Nigerian Constitutional L
aw Reports}\cell
\row}
ub\cf6\f7\fs24 NLR:}\cell{\ul0\nosupersub\cf6\f7\fs24 Nigeria Law Reports}\cell
\row}
ub\cf6\f7\fs24 NSCQR:}\cell{\ul0\nosupersub\cf6\f7\fs24 Nigerian Supreme Court Q
uarterly Report}\cell
\row}
ub\cf6\f7\fs24 NWLR:}\cell{\ul0\nosupersub\cf6\f7\fs24 Nigeria Weekly Law Report
}\cell
\row}
ub\cf6\f7\fs24 P:}\cell{\ul0\nosupersub\cf6\f7\fs24 Page}\cell
\row}
ub\cf6\f7\fs24 SC:}\cell{\ul0\nosupersub\cf6\f7\fs24 Supreme Court}\cell
\row}
ub\cf6\f7\fs24 UILSSJ}\cell{\ul0\nosupersub\cf6\f7\fs24 University of Ilorin Law
Student Society Journal}\cell
\row}
ub\cf6\f7\fs24 Vol:}\cell{\ul0\nosupersub\cf6\f7\fs24 Volume}\cell
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf4\f5\fs22 xiii \par\pard\par\pard\ql \u
l0\nosupersub\cf3\f4\fs27 CHAPTER I \par\pard\par\pard\ql GENERAL INTRODUCTION \
par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 1.0.0: INTRODUCTION \par\pard\p
ar\pard\ql \ul0\nosupersub\cf6\f7\fs24 When a suspect is described as having rig
ht, he is acknowledged to be entitled to something to which he has just claim un
der the law. By virtue of man\u8217?s creation, he has certain rights which ar
e common to those of all other men. Most of the fundamental rights are in
a sense natural right vested in every individual and to which he is entitled wit
hout any obligation or duty on the part of the government to provide facilities
for their enjoyment. \par\pard\par\pard\ql Moreover, all fundamental rights are
in the final analysis rights, which impose limitations on executive, legislative
or judicial powers of the government and are accordingly easily justifiable. Fu
ndamental Human Right entails universal humanity which men enjoys and shares wit
h his fellow men whether he is a suspect or a freeman. This in its totality has
informed the writing of this project. \par\pard\par\pard\ql \ul0\nosupersub\cf2\
f3\fs24 1.1.0: BACKGROUND TO THE STUDY \par\pard\par\pard\qj \ul0\nosupersub\cf6
\f7\fs24 Based on the adoption of universal declaration of Human Rights
and the incorporation of fundamental human rights in our constitution, basic
fundamental human rights have been created and which should be respected by all
men in the \par\pard\par\pard\ql Nigeria society. Unfortunately however, many pe
ople in our society face untold \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0
\nosupersub\cf6\f7\fs24 hardship day in day out because they are denied their ba
sic rights, which normally the Constitution of Nigeria would enforce even though
they are suspects but because they are unaware of these rights they rarely or n
ever claim them. However, those who are saddled with these responsibilities fail
to do their work properly. In this respect, this project will discuss some of t
he rights and the major rights of the suspects and how it could be known, respec
ted and enforced properly by those concerned. \par\pard\par\pard\ql \ul0\nosuper
sub\cf2\f3\fs24 1.2.0: STATEMENT OF THE PROBLEM \par\pard\par\pard\ql \ul0\nosup
ersub\cf6\f7\fs24 Even though there is a universal declaration of Fundamental Hu
man Rights and Chapter IV of the Nigerian constitution in Fundamental Hu
man Rights, the practicality has not been perfect because of the prevailing si
tuation of unlawful treatment of suspects in the country. \par\pard\par\pard\ql
It is unlawful to treat suspect any how simply because they are being regarded a
s suspects. This clearly shows that the judiciary is aware of the right of an ac
cused person and that it is sacrosanct and cannot be taken away unlawfully in th
is country. The violations of these rights have been so rampant in Nigeria. \par
\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 1.3.0: OBJEC
TIVE OF THE STUDY \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 i. To study
the relevance of the rule of law as a vital instrument for the protection \par
and enjoyment of Fundamental Human Right by the people most especially an accuse
d person, who is the main centre of this work. \par\pard\par\pard\ql ii. To know
the principle of the rule of law, through which the rights of the \par accused
can be respected and recognized by everyone. \par\pard\par\pard\ql iii. To enabl
e the people know the best way to seek redress in the court of law \par whenever
their rights are being infringed upon. \par\pard\par\pard\ql \ul0\nosupersub\cf
2\f3\fs24 1.4.0: PURPOSE OF THE STUDY \par\pard\par\pard\ql \ul0\nosupersub\cf6\
f7\fs24 Ignorance as we all know is a disease, and has been earlier said, Nigeri
ans generally are not well abreast of their legal rights even though it has been
boldly written and spelt out in the Constitution of the country. But because ev
ery disease has a cure, the cure for the lack of awareness of these rights is th
e major purpose of this work particularly the right of an accused as stipulated
in section 36 of the Constitution of the Federal Republic of Nigeria. Which are:
Right to silence, Right to be presumed innocent until proved guilty, Right to a
n interpreter, Right to informed properly the nature and detail of the charge am
ong others \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs
24 1.5.0: METHODOLOGY \par\pard\par\pard\ql
\ul0\nosupersub\cf6\f7\fs24 The
method that will be used to carry out this work is descriptive and not analytica
l. Major primary and secondary sources of law would be considered for the proper
appraisal of this topic. The primary sources include the Constitution of the Fe
deral Republic of Nigeria, mainly Chapter IV and Section 35 and 36; the C
riminal Procedure Code; the Criminal Procedure Act; and the Child Right
s Act. The secondary source includes the International Articles on pro-bono se
rvices. \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 1.6.0: DEFINITION OF T
ERMS \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 ACCUSED: One charged with
an offence \par\pard\par\pard\ql AUDI ALTERAM PARTEM: The other party must be h
eard \par\pard\par\pard\qj LEGAL AID: Free or inexpensive legal services provide
d to those who cannot afford \par
to pay full price. Legal Aid is usually
administered locally by a specially established organisation \par\pard\par\pard\
ql NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA: No one can be a judge in his \par
own case \par\pard\par\pard\ql PRO BONO: Being or involving uncompensated legal
services especially for the \par
public good \par\pard\par\pard\ql \par\p
ard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 PUBLIC DEFENDER: A lawyer or staff o
f lawyers, usually publicly appointed and \par paid, whose duty is to represent
indigent criminal defendants \par\pard\par\pard\ql SUSPECT: A person believed t
o have committed a crime or offence. To consider \par wrong doing without cert
ain truth \par\pard\par\pard\ql UBI JUS IBI REMEDIUM: Where there is a right the
re is a remedy \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 1.7.0: LITERATU
RE REVIEW \par\pard\par\pard\qj
\ul0\nosupersub\cf6\f7\fs24 Jide Bodede\
ul0\nosupersub\cf10\f11\fs18 1\ul0\nosupersub\cf6\f7\fs24 opined that the right
of fair hearing within a reasonable time is the fundamental right of every
accused person guaranteed in the constitution. He emphasizes the importan
ce of the right to fair hearing as entitled to everyone especially an accuse

d person. \par\pard\par\pard\ql Adesiyan G.O\ul0\nosupersub\cf10\f11\fs18 2\ul0\
nosupersub\cf6\f7\fs24 on the right of an accused person to silence limiting hi
s work to Nigeria says that while the police have a legal right to interrogate a
suspect, any use of force made to make him answer a question is illegal and jud
ges rule was introduce as a result of discuss. \par\pard\par\pard\ql \ul0\nosupe
rsub\cf11\f12\fs18 1\ul0\nosupersub\cf12\f13\fs20 Criminal Evidence in Nigeria,
(Florence and Lambard, Nig. Ltd publisher 2008 )p.89 \par\pard\par\pard\ql
\ul0\nosupersub\cf11\f12\fs18 2\ul0\nosupersub\cf12\f13\fs20 An Accused Person\
u8217?s Rights in Nigeria Criminal Law, (Heinemann Educational Books Nigeria \p
ar
1996) p.67 \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\c
f6\f7\fs24 Ibrahim Imam\ul0\nosupersub\cf10\f11\fs18 3\ul0\nosupersub\cf6\f7\fs2
4 View on the constitutional safeguard for an accused person rights to fair tri
al in the Nigerian criminal justice write extensively on the duty of counsel to
an accused person in criminal proceeding that he should devote himself completel
y to his task irrespective of what he may think of the charge. \par\pard\par\par
d\ql To Onawola\ul0\nosupersub\cf10\f11\fs18 4\ul0\nosupersub\cf6\f7\fs24 expla
ined that where a bail condition is breached, the bail granted will be revoked i
f the accused is found supported with clear evidence to have interfered with wit
nesses or otherwise obstruct the cause of justice. \par\pard\par\pard\ql Audi J
ummai\ul0\nosupersub\cf10\f11\fs18 5\ul0\nosupersub\cf6\f7\fs24 opined that
human rights contained in the constitution will be meaningless if we cann
ot enforce its breaches (Ubi Jus Ibi remeduim). \par\pard\par\pard\ql \ul0\nosup
ersub\cf2\f3\fs24 1.8.0: CONCLUSION \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7
\fs24 A vibrant and effective criminal justice is an absolute necessity if law a
nd order is to be maintained in any society. Under Chapter IV of the 1999 Consti
tution of the Federal Republic of Nigeria, the rights of an accused person stand
ing trial for a criminal offence are fully guaranteed. The relevant sections are
sections 35 and 36 of \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 3\ul0
\nosupersub\cf12\f13\fs20 Constitutional Safeguard of the Accused Person Rights
to Fair Trial in the Nigeria Criminal Law, \par
(2008) The Legal Issues,
a publication of Legal Aid Club. p. 273 \par\pard\par\pard\ql \ul0\nosupersub\c
f11\f12\fs18 4\ul0\nosupersub\cf12\f13\fs20
Bail and Bail pending - An apprai
sal (2007) UILSSJ 12 P.5 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18
5\ul0\nosupersub\cf12\f13\fs20
Means of Enforcing Human Rights, Accountabilit
y and Democracy in Nigeria (1999) ABULJ, 6 \par p.150 \par\pard\par\pard\ql \par
\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 the 1999 constitution. For an effe
ctive criminal justice to come to stay, the law is to adequately protect the acc
used person rights so that justice is not only done but seen to be done because
the full weights of the laws tend to fall towards the accused. \par\pard\par\par
d\ql \par\pard\par\pard\ql \ul0\nosupersub\cf3\f4\fs27 CHAPTER 2 \par\pard\par\p
ard\ql THE CONCEPT OF HUMAN RIGHT \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\f
s24 2.0.0: INTRODUCTION \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 The is
sue of human right is the most widely debated issue in the world today and which
cannot be meddle with. The phrase 'Human rights' are qualified as civil or lega
l, absolute or inalienable and fundamental or universal right. When we talks of
inalienable right, it means a right which is an integral part of an individual [
dignity of human] which cannot be taken away stricto- Sensu because the taking a
way of such rights would be tantamount to inhuman treatment\ul0\nosupersub\cf10\
f11\fs18 6\ul0\nosupersub\cf6\f7\fs24 , this was held in\ul0\nosupersub\cf8\f9\f
s24 Thomas & Four Ors v Timothy Olufosoye\ul0\nosupersub\cf16\f17\fs18 7 \par\
pard\par\pard\qj \ul0\nosupersub\cf12\f13\fs20 In common parlance \u8220?right\u
8221? means an action or conduct which is morally good in the eyes of the law. T
hus, whoever keeps the
law does right and whoever violates it does wrong.
Also, human right is based on the assumption of a natural law that posit
s that there are certain immutable rights that belong to man everywhere and whic
h in virtue of man's security should be secured and guaranteed to everyone. Such
rights are not right \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 6\ul0\
nosupersub\cf12\f13\fs20 Bashir Y. I. Human Right in Nigeria (PHD requirement
ABU Zaria 1999) p.1 \ul0\nosupersub\cf11\f12\fs18 7\ul0\nosupersub\cf12\f13\fs2
0 (1966)1 ALL NLR 178 \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupers

ub\cf12\f13\fs20 which derived from a particular station they are rights which b
elong to man simply because he is a man\ul0\nosupersub\cf11\f12\fs18 8\ul0\nosup
ersub\cf12\f13\fs20 . \par\pard\par\pard\ql
\ul0\nosupersub\cf6\f7\fs24 In \
ul0\nosupersub\cf8\f9\fs24 Dominic Peter Ekanem V Assistant Inspector General of
Police\ul0\nosupersub\cf10\f11\fs18 9\ul0\nosupersub\cf6\f7\fs24 the Supreme C
ourt says that, \par\pard\par\pard\ql \ul0\nosupersub\cf12\f13\fs20 Every human
being is entitled to fundamental right only when he is not subject to any consti
tutional disability....Human rights are universal- they belong to all in every h
uman society. As Louis Henkin said \u8216?To call these rights \u8216?human\u821
7? implies that all human beings have them equally and in equal measure by virtu
e of their humanity regardless of sex, race, age and regardless of social cla
ss, national origin, ethnic or tribal affiliation; regardless of wealth
or poverty, occupation, talent, merit, religion, ideology location or othe
r commitment. \par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 These rights are ent
renched in chapter IV of the Constitution of the Federal Republic of Nigeria, an
d they include right to life, right to personal liberty, right to fairhearing, r
ight to private and family life, right to freedom of expression and the press, r
ight to freedom from discrimination among others. There are other international
instruments on human right which are: Magna-Carta; Petition of Right1628; Bi
ll of Rights 1689; Virginia Declaration of Rights 1776; American Declarati
on of Independence 1776; French Declarations of Rights of Man and of the Citize
n 1789; \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 8\ul0\nosupersub\cf1
2\f13\fs20 Human Right in Nigeria, p.1 \par\pard\par\pard{
\trowd\trautofit1\intbl{\ul0\nosupersub\cf11\f12\fs18 9\ul0\nosupersub\cf12\f13\
fs20 (2008) ALL FWLR (Pt.420) p. 775,775}\cell
\row}
\trowd\trautofit1\intbl{\ul0\nosupersub\cf4\f5\fs22 9}\cell
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Universal Declarations of the
Rights of Man and of the Citizen 1789; Universal Declaration of Human Rights 1
948; European Convention for the Protection of Human Right and Freedoms 1950;
American Convention for the Protection of Human Right and Freedom 1959;
Written Constitution of several independent modern states and states liberat
ed from colonialism; African Charter on Human and Peoples\u8217? Rights 1981\ul0
\nosupersub\cf10\f11\fs18 10\ul0\nosupersub\cf6\f7\fs24 . \par\pard\par\pard\qj
Before going into the historical background there is the need to define what hum
an right is: Right is primarily derived from the Latin word \u8220?Rectus\u8221?
meaning something to which a person has a just claim whether in land, a thing,
or the privileged of doing something or saying something\ul0\nosupersub\cf10\f11
\fs18 11 \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 Black\u8217?s Law Dic
tionary defines right as: Something that is due to a person by just claim, legal
guarantee or moral principles, and that which is proper under the law, morality
or ethnics, legally enforceable claim that another will do or not do a given ac
t and a power privileged or immunity secured to a person by law\ul0\nosupersub\c
f10\f11\fs18 12\ul0\nosupersub\cf6\f7\fs24 . The Concise \par\pard\par\pard\ql \
ul0\nosupersub\cf11\f12\fs18 10\ul0\nosupersub\cf12\f13\fs20 Obaseki A.O. The J
udiciary and Human Rights (1992) Nigerian Institute of International Affairs, \p
ar
Victoria Island, Lagos
p.1 \par\pard\ul0\nosupersub\cf11\f12\fs18 11\
ul0\nosupersub\cf12\f13\fs20 Osita N.O. Human Rights Law and Practice in Nigeri
a: An introduction \par University of Science and Technology Enugu p.1 \ul0\nos
upersub\cf11\f12\fs18 12\ul0\nosupersub\cf12\f13\fs20 Black Law Dictionary Seve
nth Edition p.1323-1324 (1999) Enugu State \par \ul0\nosupersub\cf4\f5\fs22 10 \
par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Law Dictionary defines right as

: \u8216?An interest, recognized and protected by law respect for which is a du
ty and disregard for which is a wrong\u8217?\ul0\nosupersub\cf10\f11\fs18 13 \ul
0\nosupersub\cf6\f7\fs24 In \ul0\nosupersub\cf8\f9\fs24 West African Examinat
ion Council V Omodo Lapo Yemisi Adeyanju\ul0\nosupersub\cf10\f11\fs18 14 \
ul0\nosupersub\cf6\f7\fs24 \u8216?Fundamental human right is described as
a right guaranteed in the Nigerian constitution and can be found entrenched
in a particular chapter there in i.e. chapter IV\u8217?. \par\pard\par\pard\ql
\ul0\nosupersub\cf2\f3\fs24 2.1.0: HISTORICAL DEVELOPMENT OF HUMAN RIGHT IN NIGE
RIA \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Human rights themselves ar
e not a new phenomenon or a new morality. They have a history dating back to
antiquity. The rights of man as expression of political philosophy are t
raceable to the writings of early naturalist, Thomas pine, Hobbes, John Locke, B
aron de Montesquieu, J.J Rousseau and William Kant among others\ul0\nosupersub\c
f10\f11\fs18 15\ul0\nosupersub\cf6\f7\fs24 . There were the times when the writi
ngs of publicist had great impact on law and on the society within which the law
operated. According to these philosophers, every individual within society poss
esses certain rights which are inherent and which cannot be wantonly taken away
and for which man is beholden to no human authority. That the major r
eason for individual coming together to form a government is to enable th
ese right to be protected and fostered. \par\pard\par\pard\ql \ul0\nosupersub\cf
11\f12\fs18 13\ul0\nosupersub\cf12\f13\fs20 Concise Law Dictionary Ninth Editio
n p.338 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 14\ul0\nosupersub\cf
12\f13\fs20 (2008)ALL FWLR (PT428) P.206,209 \par\pard\par\pard\ql \ul0\nosuper
sub\cf11\f12\fs18 15\ul0\nosupersub\cf12\f13\fs20 Ajomo M.A. Individual Rights
under the 1989 Constitution (1993) Nigerian Institute of Advanced \par Legal St
udies p.1 \par\pard\par\pard\ql \par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 J
urisprudentially, the concept of human right has it philosophical ancestry in th
e natural law school that is why the expression \u8216?human right\u8217
? had been used synonymously with natural law and natural rights. Professor M
aurice Cranston while defining human right in the context of natural law and nat
ural rights said that: \u8216?The twentieth century name for what has been tradi
tionally known as natural right or in a more exhilarating phrase of right of man
\u8217?\ul0\nosupersub\cf10\f11\fs18 16\ul0\nosupersub\cf6\f7\fs24 Natural law
is predicated on the assertion that there are objectives or moral principles whi
ch depend upon the nature of the universe and which can be discovered by reason.
In other words, the theory of natural law is based on the reasoning that the ru
le of human conduct is a deduction from the nature of man as it reveals itself i
n reason and independent of any manmade enactment. More so, it can be said
that natural law which human right proceeded is a rational basis for moral judg
ment. It should however be contended that the doctrine of natural law was respon
sible for many revolutions that has taken place in the past in most civilized st
ates.\ul0\nosupersub\cf10\f11\fs18 17\ul0\nosupersub\cf6\f7\fs24 In the 1776 Un
ited States declaration of independent it was stated that: \par\pard\par\pard\ql
\ul0\nosupersub\cf12\f13\fs20 We hold this truth to be self evident that all ma
n are created, that they are endowed by their creator with certain inalienable r
ights; these rights are \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 16\u
l0\nosupersub\cf12\f13\fs20 Human Rights Law and Practice in Nigeria: An introd
uction p.3 \ul0\nosupersub\cf11\f12\fs18 17\ul0\nosupersub\cf12\f13\fs20 Ibid
p.3 \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf12\f13\fs20 ri
ghts to life, liberty and the pursuit of happiness. The position was later metam
orphosed to bills of rights \ul0\nosupersub\cf11\f12\fs18 18 \par\pard\par\par
d\ql \ul0\nosupersub\cf6\f7\fs24 Based on this philosophy, men have over the cen
turies struggled for and got human rights or their understanding of them enshrin
ed in the constitutions and political traditions of their different societies f
or as Frederick Douglas did apply put it. \u8216?Power concedes nothing without
demand, it never did and it never will\u8217? In Nigeria, the clamour for human
rights dated back to the colonial day that is before Nigeria attained independe
nce in 1960. Numerous pre-independence conferences held from 1953 helped a lot i
n the development of the concept of human right in Nigeria. By 1958, the British
colonial government inaugurated a commission headed by Sir Henry Willink to lo

ok in to the fear of domination of the minority groups and how the fear could be
allayed. This and several other factors led to the entrenchment of justifiable
rights in the country\u8217?s independence of 1960.\ul0\nosupersub\cf10\f11\fs18
19 \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 Furthermore, historically
the fundamental rights provisions in the 1960 independence constitution were con
tained in chapter III of that constitution. The full text of that chapter is sim
ilar in every respect to what was contained in the Bill of Rights of American (
1791) that was first adopted as the sixth schedule to the Nigerian (c
onstitution) order-in-council, 1954-1958. However, only 12 out of the 16 section
in \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 18\ul0\nosupersub\cf12\f
13\fs20 Ibid p.6 \par\pard\par\pard{
\trowd\trautofit1\intbl{\ul0\nosupersub\cf11\f12\fs18 19\ul0\nosupersub\cf12\f13
\fs20 Individual Right under the 1989 Constitution p.3}\cell
\row}
\row}
}\par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 that chapter positively recognize
d certain rights for protection\ul0\nosupersub\cf10\f11\fs18 20\ul0\nosupersub\c
f6\f7\fs24 .These are: Inhuman treatment;\ul0\nosupersub\cf10\f11\fs18 21\ul0\no
supersub\cf6\f7\fs24 Slavery and forced labour;\ul0\nosupersub\cf10\f11\fs1
8 22\ul0\nosupersub\cf6\f7\fs24 Deprivation of personal liberty;\ul0\nosupe
rsub\cf10\f11\fs18 23 \ul0\nosupersub\cf6\f7\fs24 Determination of right;\ul0\
nosupersub\cf10\f11\fs18 24\ul0\nosupersub\cf6\f7\fs24 Private and family l
ife;\ul0\nosupersub\cf10\f11\fs18 25\ul0\nosupersub\cf6\f7\fs24 Freedom of c
onscience;\ul0\nosupersub\cf10\f11\fs18 26 \ul0\nosupersub\cf6\f7\fs24 Freedom
of expression;\ul0\nosupersub\cf10\f11\fs18 27\ul0\nosupersub\cf6\f7\fs24 Pea
ceful assembly and association;\ul0\nosupersub\cf10\f11\fs18 28\ul0\nosupersu
b\cf6\f7\fs24 Freedom of movement;\ul0\nosupersub\cf10\f11\fs18 29\ul0\nosupe
rsub\cf6\f7\fs24 Freedom from discrimination;\ul0\nosupersub\cf10\f11\fs18 30\u
l0\nosupersub\cf6\f7\fs24 Compulsory acquisition of property;\ul0\nosupersub\cf
10\f11\fs18 31 \ul0\nosupersub\cf6\f7\fs24 These rights were repeated verbatim i
n 1963 republican constitution, the subsequent constitution of 1979 and the foll
owing one of the 1989 which is expected to be fully operative from October 1, 19
92 but have since then generally remained the same in substance except for m
inor alteration in arrangement, nomenclature, and amplification here and
there. For instance, the arrangement of the 1979 constitution.\ul0\nosupe
rsub\cf10\f11\fs18 32 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 20\ul0
\nosupersub\cf12\f13\fs20 Ibid p.5 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f
12\fs18 21\ul0\nosupersub\cf12\f13\fs20 Section 18 Constitution of the Federal
Republic of Nigeria 1960 \ul0\nosupersub\cf11\f12\fs18 22\ul0\nosupersub\cf12\f
13\fs20 Ibid Section 19 \par\pard\par\pard\qj \ul0\nosupersub\cf11\f12\fs18 23\
ul0\nosupersub\cf12\f13\fs20 Ibid Section 20 \ul0\nosupersub\cf11\f12\fs18 24\u
l0\nosupersub\cf12\f13\fs20 Ibid Section 21 \ul0\nosupersub\cf11\f12\fs18 25\ul
0\nosupersub\cf12\f13\fs20 Ibid Section22 \ul0\nosupersub\cf11\f12\fs18 26\ul0\
nosupersub\cf12\f13\fs20 Ibid Section 23 \ul0\nosupersub\cf11\f12\fs18 27\ul0\n
osupersub\cf12\f13\fs20 Ibid Section 24 \ul0\nosupersub\cf11\f12\fs18 28\ul0\no
supersub\cf12\f13\fs20 Ibid Section 25 \ul0\nosupersub\cf11\f12\fs18 29\ul0\nos
upersub\cf12\f13\fs20 Ibid Section 26 \ul0\nosupersub\cf11\f12\fs18 30\ul0\nosu
persub\cf12\f13\fs20 Ibid Section 27 \ul0\nosupersub\cf11\f12\fs18 31\ul0\nosup
ersub\cf12\f13\fs20 Ibid section 30 \par\pard\par\pard{
\fs20 Individual Rights under the 1989 Constitution p.5}\cell

\cell
\row}
{}\cell{\ul0\nosupersub\cf4\f5\fs22 14}\cell
\row}
}\par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 The charter held in \ul0\nosupers
ub\cf8\f9\fs24 Gani fawehinmi V Abacha\ul0\nosupersub\cf10\f11\fs18 33\ul0\nosup
ersub\cf6\f7\fs24 to be an integral part of the Nigerian legal system is of hig
her authority and more forceful by virtue of its international standard which
makes it more superior to municipal legislation. More so, the jurisdict
ion of the court could not be ousted in respect of the charter, this is evident
in the promulgation of Cap10 (Ratification and Enforcement Act) LFN1990.
However, the provision of the charter were further held to be the same as that
of chapter IV of 1979 and 1999 constitution respectively, this enables any aggri
eved person to have recourse to it upon the infringement of any of the fundament
al rights as against the ouster clause which characterized the military Decree n
o 107 of 1993. \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 2.2.0: DISTINC
TION BETWEEN HUMAN RIGHT AND FUNDAMENTAL \par HUMAN RIGHT \par\pard\par\pard\q
l
\ul0\nosupersub\cf6\f7\fs24 It is very important to explain the types of
right as enshrined in chapter IV of the 1999 constitution before going in
to the distinction between human right and fundamental human right. The ri
ghts are: Right to life- This is provided for in the 1999 constitution, Life is
sacrosanct and deliberate killing is abhorred in all societies all over the worl
d. This provision implies that everyone is entitled to respect for his or her li
fe and safety. \par\pard\par\pard{
\fs20 (1998) 1 HRLRA}\cell
\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Again, right to life is obvio
usly the most fundamental of all human right;\ul0\nosupersub\cf10\f11\fs18 34\ul
0\nosupersub\cf6\f7\fs24 this is because other human rights can only be exercis
ed by a person who is alife. This section which guarantees the right to life pro
vides that:- (1) \u8216?Every person has a right to life, and no one shall be de
prive intentionally of his life, save in execution of the sentence of a court in
respect of a criminal offence of which he has been found guilty in Nigeria.\u82
17? (2) A person shall not be regarded as having been deprived of his life in co
ntravention of this section\ul0\nosupersub\cf10\f11\fs18 35 \par\pard\par\pard\q

j \ul0\nosupersub\cf6\f7\fs24 The Constitution however recognizes some exce
ptions to the rule relating to preservation of life. The first is in the ex
ecution of a lawful sentence of a court of law in Nigeria in respect of a crimi
nal offence, for instance, an armed robber sentenced to death by a tribunal, se
condly, death which results from the use of allowable force in self-defence or d
efence of another person from unlawful violence or for the defence of one\u8217?
s own property; in order to effect a lawful arrest or to prevent the escape of a
person lawfully detained or for the purpose of suppressing a riot or a mutiny.\
ul0\nosupersub\cf10\f11\fs18 36\ul0\nosupersub\cf6\f7\fs24 Outside these consti
tutional exceptions, it is only illegal but highly morally reprehensible for any
one to take another\u8217?s life, it is the attitude which has informed debate
on euthanasia or mercy killing as recognized by the medical \par\pard\par
\pard\ql \ul0\nosupersub\cf11\f12\fs18 34\ul0\nosupersub\cf12\f13\fs20 Means of
Enforcing Human Rights, Accountability and Democracy in Nigeria ABUJ 6, (
1999) \par
p.4 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 35\ul0\n
osupersub\cf12\f13\fs20 Section 33 Constitution of the Federal Republic of Nige
ria 1999 \par\pard\par\pard{
\fs20 Section 30(2) a-c) 1970 Constitution as amended and (section17(2)a-c) 196
0 Constitution}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 profession, this usually occu
r when a person is medically dead yet is organically alive.\ul0\nosupersub\cf10\
f11\fs18 37 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Also, any killing
outside the exceptions in section 33 of the Constitution of the federal republic
of Nigeria is in my view unconstitutional and therefore illegal. It is in the l
ight of the above that one has to recall the unfortunate incident which occured
in Ibadan, Oyo state in 1981. An accused that had an appeal against a death sent
ence pending at the Federal Court of Appeal was prematurely executed be
fore the determination of his appeal.\ul0\nosupersub\cf10\f11\fs18 38\ul0\nosup
ersub\cf6\f7\fs24 In \ul0\nosupersub\cf8\f9\fs24 Aliu Bello V the Attorney\ul0\
nosupersub\cf17\f18\fs24 \ul0\nosupersub\cf8\f9\fs24 General of Oyo State,\ul0\
nosupersub\cf10\f11\fs18 39 \ul0\nosupersub\cf6\f7\fs24 the dependants of the de
ceased (Nasiru Bello) sued the Attorney General of Oyo state who was the one who
negligently recommended the execution of the deceased accused. The appeal was h
eard by the Supreme Court en- banc, the justice of the Supreme Court including t
he chief justice himself sat over the case. The Supreme Court found in favour of
the relatives of the deceased with each of the justice condemning the Oyo state
government in a most scathing languages. Aniagolu JSC observed that, \par\pard\
par\pard\ql \ul0\nosupersub\cf12\f13\fs20 The action of the Oyo state government
was \u8216?.... a
reckless disregard for the life and liberty of the subjec
t and the principle of the Rule of Law. The \par\pard\par\pard\ql \ul0\nosupersu
b\cf11\f12\fs18 37\ul0\nosupersub\cf12\f13\fs20 Ajomo M.A. Fundamental Human Ri
ght Under the Nigerian Constitution (1992) Nigerian Institute \par
of Inter
national Affairs, Victoria Island, Lagos. p.4 \par\pard\par\pard\ql \ul0\nosuper
sub\cf11\f12\fs18 38\ul0\nosupersub\cf12\f13\fs20 Ibid p.4 \par\pard\par\pard\q
l \ul0\nosupersub\cf11\f12\fs18 39\ul0\nosupersub\cf12\f13\fs20 (1986) 5 NWLR 8
28 \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf12\f13\fs20 bru
tal incident has bespattered the face of the Oyo state government with the paint
brush of shame\u8217?. \par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 RIGHT TO D
IGNITY OF HUMAN PERSON-The Constitution confers on every individual to have his

right to human dignity respected. It specifically forbids any form of slavery an
d no one may be \u8220?pawned or sold in to bondage\u8221?\ul0\nosupersub\cf10\f
11\fs18 40 \ul0\nosupersub\cf6\f7\fs24 The right to dignity of the human person
is guaranteed under the constitution of the federal republic of Nigeria 1999 in
the following terms:-1. Every individual is entitled to respect for the dignit
y of his person, and accordingly- a) no person shall be subjected to torture or
to inhuman or degrading treatment; b) no person shall be held in slavery or se
rvitude; and c) no person shall be require to perform forced or compulsory lab
our. \ul0\nosupersub\cf10\f11\fs18 41 \par\pard\par\pard\qj \ul0\nosupersub\cf6\
f7\fs24 The Constitution prohibits torture and all forms of cruel, inhuman or de
grading punishment and treatment. In the word of Niki Tobi (justice of the court
of appeal), \u8216?The word "torture" etymologically means to put a person to s
ome form of pain which could be extreme. It also means to put a person to some f
orm of anguish or excessive\ul0\nosupersub\cf2\f3\fs24 \ul0\nosupersub\cf6\f7\f
s24 pain.... It conveys the same meaning in section 31(1) (a). The torture under
the sub-section could be a physical brutalization of the human person\ul0\nosup
ersub\cf2\f3\fs24 .\ul0\nosupersub\cf6\f7\fs24 An inhuman treatment is a barbar
ous, uncouth, and cruel treatment; a treatment which has no \par\pard\par\pard\q
l \ul0\nosupersub\cf11\f12\fs18 40\ul0\nosupersub\cf12\f13\fs20 \u8216?Fundamen
tal Human Rights under the Nigerian Constitution\u8217? p.5 \par\pard\par\pard{
\fs20 Section 34 \u8216?Constitution of the Federal Republic of Nigeria\u8217?
1999}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 human feeling on the part of
the person inflicting the barbarity or cruelty. This means that there are no c
ircumstances which justify the police or soldiers hurting or humiliating anyon
e using methods such as: Torturing prisoners or subjecting them to beatings or o
ther pain in order to make them "confess" or to punish them, Beating suspected c
riminals after their arrest and before their guilty is establish, Denying prison
er\u8217?s food or water to make them co-operate or confess. What is permitted i
s only a reasonable force which may be used to detain a suspected criminal who r
esist arrest.\ul0\nosupersub\cf10\f11\fs18 42\ul0\nosupersub\cf6\f7\fs24 A rece
nt comprehensive national survey carried out by the Nigerian institute of advanc
ed legal studies on human rights and the administration of criminal justice in N
igeria reveals the heart-rending conditions under which incarcerated persons in
Nigeria prisons and police cell are kept. In view of this we would
not be exaggerating the position if one concluded that a custodial arrest of an
y individual in Nigeria is an automatic violation of the right to dignity of the
human person.\ul0\nosupersub\cf10\f11\fs18 43 \ul0\nosupersub\cf6\f7\fs24 RIGHT
OF PERSONAL LIBERTY\ul0\nosupersub\cf2\f3\fs24 :-\ul0\nosupersub\cf6\f7\fs24 Th
e constitution of the federal republic of Nigeria 1999 which guarantees the righ
t to personal liberty provides as follow: (1) Every person shall be entitled to
his personal liberty and no person shall be deprived of such liberty.\ul0\nosupe
rsub\cf10\f11\fs18 44 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 42\ul0
\nosupersub\cf12\f13\fs20 \u8216?Fundamental Human Right under the Nigeria Cons
titution\u8217?p.5 \ul0\nosupersub\cf11\f12\fs18 43\ul0\nosupersub\cf12\f13\fs20
Ibid p.6 \par\pard\par\pard{
\fs20 Section 35 \u8216?Constitution of the Federal Republic of Nigeria\u8217?}

\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 One will not be exaggerating
if one asserts that this right forms one of the bases for our nationalistic st
ruggle for independence. The need to preserve this right is probably ne
xt in importance to that of the right to life. The liberty of the individual per
son is central to all the advantages of a civilized society. Current happening i
n the former Soviet Union and the former Eastern Europe show that people prefer
their liberty to bread. To therefore deprive an individual of his personal liber
ty without just cause is a grave step in the process of administration of justic
e. Lord Atkin said as much in \ul0\nosupersub\cf8\f9\fs24 Liversidge V Anderson\
ul0\nosupersub\cf6\f7\fs24 \ul0\nosupersub\cf10\f11\fs18 45\ul0\nosupersub\cf6\
f7\fs24 on the role of the courts in protecting the right of the individual to t
his liberty even in time of emergency. In one of the most celebrated Orbiters in
English judicial jurisprudence he said: \par\pard\par\pard\qj \ul0\nosupersub\c
f12\f13\fs20 I view with apprehension ... the attitude of judges who, on a mere
question of construction when face to face with claims involving the liberty of
the subject, show themselves more executive-minded\ul0\nosupersub\cf6\f7\fs24 \
ul0\nosupersub\cf12\f13\fs20 than the executive. ... in this country, amid the c
lash of arms, the law are not silent: they may be changed, but they\ul0\nosupers
ub\cf18\f19\fs20 \ul0\nosupersub\cf12\f13\fs20 speak the\ul0\nosupersub\cf18\f1
9\fs20 \ul0\nosupersub\cf12\f13\fs20 same language in war as in peace...\u8217?
\ul0\nosupersub\cf18\f19\fs20 \ul0\nosupersub\cf12\f13\fs20 it has always been
one of the pillars of freedom, one of the principles of liberty for which on
e recent authority we are now fighting that the judges are no respecters of pe
rson and stand between the subject and any attempted \par\pard\par\pard\ql \ul0\
nosupersub\cf11\f12\fs18 45\ul0\nosupersub\cf12\f13\fs20 (1942)AC 206, 244 \par
\pard\par\pard\ql \par\pard\par\pard{
{}\cell{\ul0\nosupersub\cf12\f13\fs20 encroachments on his liberty by the execut
ive, alert to see that any coercive}\cell
\row}
\trowd\trautofit1\intbl{\ul0\nosupersub\cf12\f13\fs20 action is justified in law
...}\cell{\ul0\nosupersub\cf12\f13\fs20 .\u8217?\ul0\nosupersub\cf11\f12\fs18 46
}\cell
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 The provision recognises the
occasional need for detention of persons pending trial, but places a limit on th
e duration of such detention. It also requires quick disposition of cases. Under
the right to personal liberty a person accused of an offence is entitled to be
brought to trial within a time limit-two month in the case of persons in custody
and three month for person on bail\ul0\nosupersub\cf10\f11\fs18 47\ul0\nosupers
ub\cf6\f7\fs24 In \ul0\nosupersub\cf8\f9\fs24 Dele Giwa V Inspector General of

Police \ul0\nosupersub\cf10\f11\fs18 48\ul0\nosupersub\cf6\f7\fs24 the applicant
Dele Giwa had filed an application against the Inspector general of police and
the Attorney general of the Federation alleging a breach of his fund
amental human rights as entrench in section 35 of the constitution of the Federa
l Republic of Nigeria. Applicant was released from custody following the order o
f the court in the matter. \par\pard\par\pard\qj RIGHT TO FAIR HEARING\ul0\nosup
ersub\cf2\f3\fs24 :\ul0\nosupersub\cf6\f7\fs24 Right to fair hearing is guarant
eed in the constitution of the federal republic of Nigeria 1999.it provides as f
ollows: \u8216?In the determination of his civil rights and obligations, includi
ng any question or determination by or against any government or authority, a pe
rson shall be entitled to a fair hearing \par\pard\par\pard\ql \ul0\nosupersub\c
f11\f12\fs18 46\ul0\nosupersub\cf12\f13\fs20 Fundamental Human Rights under the
Nigeria Constitution p.6 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 47
\ul0\nosupersub\cf12\f13\fs20 Section 32(2) (a-b) 1979 Constitution \par\pard\p
ar\pard\ql \ul0\nosupersub\cf11\f12\fs18 48\ul0\nosupersub\cf12\f13\fs20 6 NCLR
369 \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 wit
hin a reasonable time by a court or other tribunal established by law
and constituted in such manner as to secure its independence and impartiality\
ul0\nosupersub\cf10\f11\fs18 49\ul0\nosupersub\cf6\f7\fs24 \u8217?. The right to
fair hearing implies the right of everyone to have his cause heard, for if a ca
use is not heard, the question of fair hearing cannot arise. This right is anoth
er fundamental right upon which the full enjoyment of the other rights is hinged
. Infact, the painstaking observation of this right within any society means the
foundation of such a society is rooted in justice and its citizens can be reass
ured of fair play at all times. This in effect means that a citizen's right or o
bligation must not be decided until the disputing parties are heard. Upon this t
hen is founded the historical twin pillars of justice i.e. that a man must be gi
ven the opportunity of presenting his own side of a matter ( audi alteram part
em) and that an accuser should not sit as a judge in his own cause (nemo judex i
n causa sua).\ul0\nosupersub\cf10\f11\fs18 50\ul0\nosupersub\cf6\f7\fs24
The
impartiality of the judge must be assured and proceedings must take place before
a court or tribunal set up according to law. \par\pard\par\pard\qj RIGHT TO PRI
VATE AND FAMILY LIFE: The constitution of the federal republic of Nigeria 1999 g
uarantees the rights to private and family life as follows: \u8216?The privacy
of citizens, their homes, correspondence, telephone conversations and \pa
r\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 49\ul0\nosupersub\cf12\f13\fs20
Section 36 Constitution of the Federal Republic of Nigeria1999 \par\pard\par\p
ard{
\fs20 \u8216?Human Right Law and Practise in Nigeria: An introduction P.140&142
}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 telegraphic communications is
hereby guaranteed and protected.\u8217?\ul0\nosupersub\cf10\f11\fs18 51\ul0\nos
upersub\cf6\f7\fs24 The constitution guarantees citizens the right to the privac
y of their homes, correspondence, telephone conversation, and telegraphic commun
ications.\ul0\nosupersub\cf10\f11\fs18 52\ul0\nosupersub\cf6\f7\fs24 Also one m
ust however point out that this right guarantees that security agencies should n
ot tap one's telephone lines or subject one's house to search or his property to
seizure. The most importance factor of interference remains police powers of en
try in to homes in the course of arrest of a suspected criminal or investigation

of criminal matter. Although the relevant law enjoins the police to obtain a se
arch warrant, the provision is observed more in breach than in observance.\ul0\n
osupersub\cf10\f11\fs18 53 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 FRE
EDOM OF THOUGHT CONSCIENCE AND RELIGION\ul0\nosupersub\cf2\f3\fs24 :\ul0\nosuper
sub\cf6\f7\fs24
The constitution of Nigeria, which guarantees this right prov
ides as follows:-\u8216?Every person shall be entitled to freedom of thought, co
nscience and religion, including freedom to change his religion or belief, and f
reedom (either alone or in community with others, and in public or in private) t
o manifest and propagate his religion or belief in worship, teaching, practice a
nd observance\u8217?.\ul0\nosupersub\cf10\f11\fs18 54 \par\pard\par\pard\ql \ul0
\nosupersub\cf11\f12\fs18 51\ul0\nosupersub\cf12\f13\fs20 Section 37 of the Con
stitution of the Federal Republic of Nigeria 1999 \ul0\nosupersub\cf11\f12\fs18
52\ul0\nosupersub\cf12\f13\fs20 Fundamental Human Rights under the Nigerian Con
stitution p.10 \ul0\nosupersub\cf11\f12\fs18 53\ul0\nosupersub\cf12\f13\fs20 Ib
id \par\pard\par\pard{
\fs20 Section 38 Constitution of the Federal Republic of Nigeria 1999}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 The right to freedom of thoug
ht, conscience and religion is an extension of the rights to freedom of expressi
on, assembly and association.\ul0\nosupersub\cf10\f11\fs18 55\ul0\nosupersub\cf6
\f7\fs24 It has been said that religion is the opium of the people and as such
it is expected that the state will not foist one religion on the people, in this
regard, the constitution is quite categorical in that \u8216?The government of
the federation or of a state shall not adopt any religion as state religion\u821
7?\ul0\nosupersub\cf10\f11\fs18 56 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\
fs24 Inotherwords, the state remains a secular state, secularity requires giving
the over one hundred or so religions which are practiced in the country equal o
pportunity to flourish or perish. Unrestrained freedom has, however brought with
it reckless and wanton exhibition of fanaticism which the law did not contempla
te and should not tolerate, recurring incidents of religious riots in the countr
y have continued to test the patience and tolerance of the government and other
law-abiding citizens.\ul0\nosupersub\cf10\f11\fs18 57 \ul0\nosupersub\cf6\f7\fs2
4 RIGHT TO FREEDOM OF EXPRESSION AND PRESS:-The constitution of the federal repu
blic of Nigeria 1999 provides as follows:-\u8216?Every person shall be entitled
to freedom of expression, including freedom to hold opinions and to receive and
impart ideas and information without interference\u8217?.\ul0\nosupersub\cf10\f1
1\fs18 58\ul0\nosupersub\cf6\f7\fs24 This freedom can be exercised orally in wr
iting through press or electric media and extend even to the owning, \par\pard\p
ar\pard\ql \ul0\nosupersub\cf11\f12\fs18 55\ul0\nosupersub\cf12\f13\fs20 Human R
ights Law and Practice in Nigeria: An introduction p.173 \par\pard\par\pard\ul0
\nosupersub\cf11\f12\fs18 56\ul0\nosupersub\cf12\f13\fs20 Section 10, Constitut
ion Of The Federal Republic Of Nigeria 1979 \ul0\nosupersub\cf11\f12\fs18 57\ul0
\nosupersub\cf12\f13\fs20 Fundamental Human Rights under the Nigerian Constitut
ion p.10 \ul0\nosupersub\cf11\f12\fs18 58\ul0\nosupersub\cf12\f13\fs20 Section
39, Constitution of the Federal Republic of Nigeria 1999 \par\pard\par\pard\ql \
ul0\nosupersub\cf6\f7\fs24 establishing or operating any media whatsoever.\ul0\n
osupersub\cf10\f11\fs18 59\ul0\nosupersub\cf6\f7\fs24 However with regard to ra
dio and television only the federal government or state government or any person
or body expressly authorized by the president can operate it. The common law pr
inciples also lead credence to reasonable restriction on this right in that no o

ne can claim such a right to slander or libel another person.\ul0\nosupersub\cf1
0\f11\fs18 60\ul0\nosupersub\cf6\f7\fs24 The press has rightly been called the
fourth estate of the realm, its role supplements that of the main organs of stat
e, namely the executive, the legislature and the judiciary. One of the best arti
culations of the rationale for freedom of expression could be found in the immor
tal words of John Stuart Mill he wrote: \par\pard\par\pard\qj \ul0\nosupersub\cf
12\f13\fs20 \u8216?If all mankind minus one, were of one opinion, and only one p
erson were of the contrary opinion, mankind would be no more justified in silenc
ing that one person, than he, if he had the power would be justified in silencin
g mankind ....\u8217?. The peculiar evil of silencing the expression of an opini
on is that it is robbing the human race, posterity as well as the ex
isting generation those who dissent from the opinion still more than those who h
old it. if the opinion is right, they are deprived of the opportunity of exchang
ing error of truth; if wrong they lose, what is almost as great a \par\pard\par\
pard\ql \ul0\nosupersub\cf11\f12\fs18 59\ul0\nosupersub\cf12\f13\fs20 Means of
Enforcing Human Rights, Accountability and Democracy in Nigeria p.13 \ul0\nosupe
rsub\cf11\f12\fs18 60\ul0\nosupersub\cf12\f13\fs20 Ibid p.13-14 \par\pard\par\p
ard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf12\f13\fs20 benefit, the cleare
r perception and the livelier impression of truth, produced by its collis
ion with error.\u8217?\ul0\nosupersub\cf11\f12\fs18 61 \par\pard\par\pard\ql \ul
0\nosupersub\cf6\f7\fs24 There can be no progress if man is not in a condition w
here he has the freedom to search for the truth, and where ideas are able to cla
sh with each other without hindrance from the state or the society.\ul0\nosupers
ub\cf10\f11\fs18 62 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Again this
right is usually tagged the right to information, this freedom is regarded as t
he bedrock of democracy, it steam from the notion that no one has the monopoly o
f truth.\ul0\nosupersub\cf10\f11\fs18 63\ul0\nosupersub\cf6\f7\fs24 Democracy c
alls for an open society, it believes that as man advances in knowledge he bette
rs his condition and that of society and therefore man moves on the route of pro
gress. \u8216?If we have an assurance for the future, it lies in education, in t
he dissemination of correct information, in availing ourselves of the investigat
ion of science, in the formation of a sound public opinion which must rest on a
board liberal culture\u8217?. To deny others the right to express their opinion
is to assume one\u8217?s own infallibility, but no man is infallible and if so,
it is always possible that the opinion he holds in a given case is mistaken.\ul0
\nosupersub\cf10\f11\fs18 64 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18
61\ul0\nosupersub\cf12\f13\fs20 Mill J .S. The Subjection Of Women Liberty R
epresentative Government, (Oxford University \par
Press, London, 1912) p.
22-23 \par\pard\par\pard\ul0\nosupersub\cf11\f12\fs18 62\ul0\nosupersub\cf12\f13
\fs20 Human Rights Law and Practice in Nigeria: An introduction p.181 \ul0\nosu
persub\cf11\f12\fs18 63\ul0\nosupersub\cf12\f13\fs20 Fundamental Human Rights u
nder the Nigerian Constitution p.11 \ul0\nosupersub\cf11\f12\fs18 64\ul0\nosuper
sub\cf12\f13\fs20 Human Rights Law and Practice in Nigeria: An Introduction p.1
81 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 RIGHT TO PEACEFUL ASSEMBLY
AND ASSOCIATION: - The constitution of the federal republic of Nigeria provides:
\u8216?Every person shall be entitled to assemble freely and associate with oth
er persons, and in particular he may form or belong to any political party, trad
e union or any other association for the protection of his interests.\u8217?\ul0
\nosupersub\cf10\f11\fs18 65 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 F
reedom of assembly and association is a necessary part of the democratic process
. Democracy is essentially concerned with identifying and satisfying yearnings a
nd feelings of the individuals and groups. Peoples ventilate their feelings and
desires through demonstrations and by forming interest groups without been compe
lled.\ul0\nosupersub\cf10\f11\fs18 66 \ul0\nosupersub\cf6\f7\fs24 Furthermore, t
he freedom of expression and the right to freedom of religion, thought and consc
ience, may be exercised in concert with others only if there is freedom of assem
bly and association. Also this is an extension of the right to personal liberty.
The right to form association include the right to choose the purpose for which
the association is formed, lay down who shall be the members and its mode and m
anners of operation, there must always be a general capacity for citizens to joi
n, without state interference in the assembly/association in order to attain var
ious end.\ul0\nosupersub\cf10\f11\fs18 67 \par\pard\par\pard\ql \ul0\nosupersub\
cf11\f12\fs18 65\ul0\nosupersub\cf12\f13\fs20 Section 40 \u8216?Constitution of
the Federal Republic of Nigeria 1999 \par\pard\par\pard\ul0\nosupersub\cf11\f12
\fs18 66\ul0\nosupersub\cf12\f13\fs20 Human Rights Law and Practise in Nigeria:
An introduction p.191 \ul0\nosupersub\cf11\f12\fs18 67\ul0\nosupersub\cf12\f13\f
s20 Means of Enforcing Human Rights, Accountability and Democracy in Nigeria p.1
5 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 RIGHT TO FREEDOM OF MOVEMENT
:-The right to freedom of movement guaranteed in the constitution provides: \u8
216?Every citizen of Nigeria is entitled to move freely throughout Nigeria and t
o reside in any part thereof, and no citizen of Nigeria shall be expelled from N
igeria or refused entry hereto or exit therefrom\u8217?.\ul0\nosupersub\cf10\f11
\fs18 68 \ul0\nosupersub\cf6\f7\fs24 The right to freedom of movement is also a
one way of curtailing this right, however, is that rather than physically restra
in the citizen, the government may seize the citizen's passport which is regarde
d as the property of the federal government. This was the case in \ul0\nosupersu
b\cf8\f9\fs24 Braithwaite V Chief of Supreme\ul0\nosupersub\cf6\f7\fs24 \ul0\no
supersub\cf8\f9\fs24 Headquarters.\ul0\nosupersub\cf10\f11\fs18 69\ul0\nosupersu
b\cf6\f7\fs24 The corollary of this right is that no citizen can be expelled fr
om the country nor be denied entry in to or exit from Nigeria.\ul0\nosupersub\cf
10\f11\fs18 70\ul0\nosupersub\cf6\f7\fs24 The leading case on freedom of moveme
nt is \ul0\nosupersub\cf8\f9\fs24 Shugaba Abdu Darman V Minister of Internal Aff
airs\ul0\nosupersub\cf10\f11\fs18 71\ul0\nosupersub\cf6\f7\fs24 , there the cour
t rightly held that Shugaba Darman, a majority leader in the Borno state house o
f assembly under the ticket of the great Nigerian peoples' party, during the sec
ond republic, was a Nigerian. A deportation order had been served on the pretext
that he was not a Nigeria but a Chadian and was therefore deported to Chad, his
Nigeria passport having been taken away from him. The court held that the depor
tation was an infringement of his fundamental right to freedom of movement as a
Nigerian citizen under section 38 of \par\pard\par\pard\ql \ul0\nosupersub\cf11\
f12\fs18 68\ul0\nosupersub\cf12\f13\fs20 Section 41 Constitution of the Federal
Republic of Nigeria 1999 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 69
\par\pard\par\pard\ql \ul0\nosupersub\cf12\f13\fs20 (1984) \par\pard\par\pard\q
l \ul0\nosupersub\cf11\f12\fs18 70\ul0\nosupersub\cf12\f13\fs20 Means of Enforc
ing Human Rights, Accountability and Democracy in Nigeria p;16 \ul0\nosupersub\c
f11\f12\fs18 71\ul0\nosupersub\cf12\f13\fs20 (1981) 2 NCLR 459 \par\pard\par\pa
rd\ql \par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 the constitution of the
federal republic of Nigeria 1979. A person\u8217?s right of movement may
be restricted and even altered if for example he has committed a crime in one co
untry and has escaped to another.\ul0\nosupersub\cf10\f11\fs18 72 \par\pard\par\
pard\ul0\nosupersub\cf6\f7\fs24 RIGHT TO FREEDOM FROM DISCRIMINATION: - The
constitution of the federal republic of Nigeria provides : \u8216?A citizen
of Nigeria of a particular community, ethnic group, place of origin, sex,
religion or political opinion shall not, by reason only that he is such a person
- (a) be subjected either expressly by, or in the practical application of, a
ny law in force in Nigeria or any executive or administrative action of
the government, to disabilities or restrictions to which citizen of Nigeria
of other communities, ethnic groups, places of origin, sex, religions
or political opinions are not made subject\u8217?.\ul0\nosupersub\cf10\f1
1\fs18 73\ul0\nosupersub\cf6\f7\fs24 This particular right is founded on th
e ethos of the rule of law as it prescribes legal equality for all Nigerians wit
hin the federation.\ul0\nosupersub\cf10\f11\fs18 74\ul0\nosupersub\cf6\f7\fs24
While this particular right represents the most noble ideal within a federation
like Nigeria, enforcement has become some what difficult and its benefits for so
me citizens illusory. The problem is accentuated by the calls for special conce
ssions by communities who claim to be less developed and disadvantaged.
\ul0\nosupersub\cf10\f11\fs18 75\ul0\nosupersub\cf6\f7\fs24 Discrimination beco
mes morally unacceptable only when it takes a \par\pard\par\pard\ql \ul0\nosuper
sub\cf11\f12\fs18 72\ul0\nosupersub\cf12\f13\fs20 \u8216? Means of Enforcing Hum
an Rights, Accountability and Democracy in Nigeria p. 17 \ul0\nosupersub\cf11\f1

2\fs18 73\ul0\nosupersub\cf12\f13\fs20 Section 42 Constitution of the Federal R
epublic of Nigeria 1999 \ul0\nosupersub\cf11\f12\fs18 74\ul0\nosupersub\cf12\f13
\fs20 Fundamental Human Rights under the Nigerian Constitution p.14 \ul0\nosupe
rsub\cf11\f12\fs18 75\ul0\nosupersub\cf12\f13\fs20 Ibid p.14 \par\pard\par\pard
\ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 particular form, namely tr
eating a person less favourably than others on account of a consideration which
is morally irrelevant.\ul0\nosupersub\cf10\f11\fs18 76\ul0\nosupersub\cf6\f7\fs2
4 The obvious limitation of this right to freedom from discrimination is that i
t is incompatible with the national policy of reflecting the federal character o
f the nation in the appointment to public offices like in the military and polic
e forces. \par\pard\par\pard\ql RIGHT TO PROPERTY:-The 1999 constitution of Nige
ria guarantees the right to acquire and own immovable property anywhere in Niger
ia. This section provides: \u8216?Subject to the provisions of this constitution
, every citizen of Nigeria shall have the right to acquire and own immovable pro
perty anywhere in Nigeria.\u8217?\ul0\nosupersub\cf10\f11\fs18 77\ul0\nosupersub
\cf6\f7\fs24 Also, while the constitution does not positively guarantee the rig
ht to private ownership of property, it guarantees protection against deprivatio
n of what has been lawfully acquired.\ul0\nosupersub\cf10\f11\fs18 78 \ul0\nosup
ersub\cf2\f3\fs24 THE DISTINCTION \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\f
s24 Human rights begin with abstract assumptions which aspire to universal valid
ity. The abstract quality of human rights is the necessary condition of their as
piration to or presumption of universality.\ul0\nosupersub\cf10\f11\fs18 79\ul0\
nosupersub\cf6\f7\fs24 Human right is referred by definition to human beings \
par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 76\ul0\nosupersub\cf12\f13\fs
20 Human Rights Law and Practice in Nigeria: An Introduction p.206 \par\pard\pa
r\pard\ql \ul0\nosupersub\cf11\f12\fs18 77\ul0\nosupersub\cf12\f13\fs20 Section
43 Constitution of the Federal Republic of Nigeria 1999 \ul0\nosupersub\cf11\f1
2\fs18 78\ul0\nosupersub\cf12\f13\fs20 Fundamental Human Rights under the Nige
rian Constitution P.15 \par\pard\par\pard\qj \ul0\nosupersub\cf11\f12\fs18 79\ul
0\nosupersub\cf12\f13\fs20 Gianluigi P. From Human Rights to Fundamental
Rights, Consequences of a Conceptual \par Distinction European University
institute 2006 p.1 \ul0\nosupersub\cf19\f20\fs20 http://cadmus.iue.it/dspace/ind
ex.jsp\ul0\nosupersub\cf12\f13\fs20 accessed on 10 January2011. \par\pard\par\p
ard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 and is capable of ident
ifying that which in terms of (essential) justice should be due to every human b
eing. The strength of human right lies in the fact that they are after all a p
hilosophy. Universality is an inevitable prerequisite or an inevitable i
mplication of the concept of human right.\ul0\nosupersub\cf10\f11\fs18 80 \par\p
ard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Human rights are universal, not in
the sense of being a vernacular of cultural prescriptions, but rather as a lang
uage for the bestowal of moral power. Their role is not that of endowing culture
with a substantive content but of seeking to condition all actors in such a way
that they can liberally fashion that counter. At the same time rather than as t
he cutting rigidity of deontological arms, human rights must be conceptualized a
s the content of a politically moulded deliberation perceptive toward consequenc
es. \par\pard\par\pard\qj According to Ignatieff, human rights are therefore \u8
220?a form of politics\u8221? which must introduce moral ends into reality;
moreover the rights are politics which must introduce moral ends into reality;
moreover the rights are \u8220?political\u8221? because they imply a confrontati
on between the holders of the rights and the holders of power. This means that \
u8220?human rights\u8221? is the only universally available moral vernacular tha
t validates the claims of women and children against the oppression t
hey experienced in patriarchal or tribal societies; it is the only vernacular th
at enables \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 80\ul0\nosupersub
\cf12\f13\fs20 Ibid p.5 \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupe
rsub\cf6\f7\fs24 dependent persons to perceive themselves as moral agents
and to act against practices arranged marriages, purdah, civic disenfranchi
sement, genital mutilation, domestic slavery and so on that are ratified by the
weight and authority of their culture.\ul0\nosupersub\cf10\f11\fs18 81 \par\pard
\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Human rights are a minimum, Kantian, ne

utral, transcendental, moral, deontological condition, but they are also at the
same time a structure of values, ethically framed, politically negotiable and co
nsequence-sensitive; they are individualistic but at the same time are condition
s of collective unities.\ul0\nosupersub\cf10\f11\fs18 82 \par\pard\par\pard\ql \
ul0\nosupersub\cf6\f7\fs24 Human right concludes by bringing a deontological cla
im, concerning that which we owe to human beings and which is linked at least to
moral theory and probably also to anthropology.\ul0\nosupersub\cf10\f11\fs18 83
\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Human rights may be afflicted
by tension between universal denotation - i.e. the reference to all human being
s - and the particularism, as dependent on consent, of their own substantive cla
ims: in relation to which they are even open to universal dissent. \par\pardFund
amental right makes no claim to universality, whilst on the other han
d presuppose consent\par\par - or \u8220?recognition\u8221?. That consent i
s a condition of their \ul0\nosupersub\cf11\f12\fs18 81\ul0\nosupersub\cf12\
f13\fs20 Ibid p.2 \ul0\nosupersub\cf11\f12\fs18 82\ul0\nosupersub\cf12\f13\fs20
Ibid p.3 \ul0\nosupersub\cf11\f12\fs18 83\ul0\nosupersub\cf12\f13\fs20 Ibid p
.4 \ul0\nosupersub\cf4\f5\fs22 32 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\f
s24 \u8220?existence\u8221?: of course, not necessarily over the whole planet, b
ut within a given system.\ul0\nosupersub\cf10\f11\fs18 84 \par\pard\par\pard\ql
\ul0\nosupersub\cf6\f7\fs24 Fundamental rights mean that the legal-political sys
tem has embarked on a journey capable of progress toward liberal democracy. With
in this type of system it is plausible that conception of human rights may inte
ract with one another and that philosophical auspices may translate themselves
into new \u8220?fundamental\u8221? rights, capable of \u8220?acceptance\u8221
? and capable of fulfilling that positive function of criteria of recognition. F
undamental rights focus on that which is capable of contributing to the existenc
e of a society (or also to recommend them as that which could or should do so):
this involves analysis or prescriptions which are not expressed in deontological
terms, but in ethical, institutional, political or teleological terms. Fundamen
tal rights must be concretized just as human rights must be considered in the ab
stract. Fundamental rights are as encompassing those selective and substantive c
riteria which, together with others, enable judgments of \u8220?validity\u8221?.
If some individual \u8220?rights\u8221?, such as that of life, freedom of tho
ught, equality before the law, the right to personal pursuit of happiness, are e
ffective within a legal system, this means that they are used every time it is n
ecessary, and even for rejecting or pre-empting legal norms at any level that ar
e capable of violating the substance of those rights. \par\pard\par\pard\ql \ul0
\nosupersub\cf11\f12\fs18 84\ul0\nosupersub\cf12\f13\fs20 Ibid p.15 \par\pard\p
ar\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 The capacity of \u8
220?fundamental rights\u8221? to be effective is therefore a quality which they
possess by definition: but it does not depend only on the existence of legal rem
edies, but rather more deeply on the possibility of their playing a role which,
within a general theory of law, is that of fundamental meta-norms of \u8220?subs
tantive\u8221? nature (i.e. not simply procedural).\ul0\nosupersub\cf10\f11\fs18
85 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Fundamental right may
carry out reflections that are less exposed to \u8220?prescriptivi
sm\u8221?: it is possible coherently to adopt a cognitive and non-normative stan
ce by asking which rights operate as criteria for substantive convalidation, or
as meta-norms for the recognition of validity, within a given system. It is an o
peration which has possible performative implications, but its status is
nonetheless scientifically legitimate, analogous to that of descriptive sociol
ogy, or an \u8220?ordinary\u8221? check of valid and efficacious law, etc.\ul0\n
osupersub\cf10\f11\fs18 86 \par\pard\par\pard \ul0\nosupersub\cf6\f7\fs24 Fina
lly, function affiliation and relevance are the requisites which indentify a rig
ht as \u8220?fundamental\u8221? and clearly give witness in favour of the separa
tion between fundamental and universal. \par\pard\par\pard\ql \ul0\nosupersub\cf
11\f12\fs18 85\ul0\nosupersub\cf12\f13\fs20 Ibid p.14 \par\pard\par\pard\ql \ul
0\nosupersub\cf11\f12\fs18 86\ul0\nosupersub\cf12\f13\fs20 Ibid p.15 \par\pard\
par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 2.3.0: CONCLUSION
\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Fundamental human right is a

crucial aspect in every citizen\u8217?s life and must not be meddle with by any
person as entrenched in chapter IV of the 1999 constitution and other internatio
nal provisions inrespective of whoever the person is.\ul0\nosupersub\cf2\f3\fs24
\ul0\nosupersub\cf6\f7\fs24 The government must ensure that the rights of the
citizen is one of the corner stone\u8217?s of its domestic policy and must be lo
oked in to seriously not taken with levity so that any aggrieved person whose ri
ght have been flagrantly infringed upon will be able to seek re-dress boldly in
the court of law. \par\pard\par\pard\ql The rights of an accused person as enshr
ined in section 35 and 36 of the Constitution of the Federal Republic of Nigeria
1999, the Criminal Procedure Code, the Criminal Procedure Act and the Child Rig
ht Act, will be fully discussed in the next chapter. \par\pard\par\pard\ql \par\
pard\par\pard\ql \ul0\nosupersub\cf3\f4\fs27 CHAPTER 3 \par\pard\par\pard\ql THE
CONCEPT OF RIGHTS OF AN ACCUSED PERSON \par\pard\par\pard\ql \ul0\nosupersub\cf
2\f3\fs24 3.0.0: INTRODUCTION \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24
Under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria, th
e rights of an accused person standing trial for a criminal offence are fully gu
aranteed. The relevant sections are sections 35 and 36. Such right includes, the
right to be informed promptly in the language that he understands and in detail
the nature of the offence; right to be given adequate time and facilities for t
he preparation of his defence; to defend himself in person or by legal practitio
ner of his own choice, to be presumed innocent until he is proved guilty, the ri
ght to remain silent, have without payment the assistance of an interpreter amon
g others.\ul0\nosupersub\cf10\f11\fs18 87 \par\pard\par\pard\ql \ul0\nosupersub\
cf6\f7\fs24 All these rights are designed to adequately protect the accused pers
on alleged to have committed any criminal offence in the Administration of Crimi
nal Justice, so that justice is not only done but seen to have been done and act
ually done. \par\pard\par\pard{
\fs20 Ademola Y. Press law in Nigeria (Malhouse Law Books 1992) p.2}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 3.1.0: THE RIGHT OF AN ACCUSE
D UNDER 3.2.0: THE CONSTITUTION \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs2
4 The requirement or condition of the Constitutional rights of an accused person
are not limited to the following but includes:\par\pard\par\pard\ql RIGHT TO FA
IR HEARING: - Fair hearing is equivalent to a fair trial. The right to a fair he
aring within a reasonable time is the fundamental right of an accused person gua
ranteed in the constitution. This section\ul0\nosupersub\cf10\f11\fs18 88\ul0\no
supersub\cf6\f7\fs24 contains two distinct rights for every accused person. F
irst, there must be a fair hearing; second, the trial must be conduct
ed within a reasonable time. The trial judge must also ensure compliance with th
e fundamental rights of the accused in Section 36 (6) of the constitution and th
ere cannot be a fair trial, when any of the constitutional rights of the accused
are violated. \ul0\nosupersub\cf10\f11\fs18 89 \par\pard\par\pard\qj \ul0\nosup
ersub\cf6\f7\fs24 In \ul0\nosupersub\cf8\f9\fs24 Torri v. National Park Service
of Nigeria\ul0\nosupersub\cf10\f11\fs18 90\ul0\nosupersub\cf6\f7\fs24 \u8216?Th
e right to fair hearing is described as an extreme fundamental right in the cons
titution and the breach thereof has its implication on the proceedings. Every pe
rson charged with a criminal offence is entitled to be heard. This right is inal
ienable and an indispensable requirement of any judicial decision. However, fair
hearing is not some kind of abstract principle. In \par\pard\par\pard\ql \ul0\n
osupersub\cf11\f12\fs18 88\ul0\nosupersub\cf12\f13\fs20 Section 36(4) Constitut

ion of the Federal Republic of Nigeria 1999 \par\pard\par\pard\ql \ul0\nosupersu
b\cf11\f12\fs18 89\ul0\nosupersub\cf12\f13\fs20 Criminal Evidence in Nigeria.
p.89 \par\pard\par\pard{
\fs20 (2009) All FWLR (pt.495) p.1779,1789}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf8\f9\fs24 Uwazurike v. Attorney-General
of the Federation\ul0\nosupersub\cf10\f11\fs18 91\ul0\nosupersub\cf6\f7\fs24 t
he principle of fair hearing is described to entails a trial done in accordance
with the rules of natural justice. Natural justice in the broad sense is justice
done in circumstances which are just equitable and impartial. Fair hearing is
really in the procedure followed in the adjudication of a case and not in the c
orrectness of the decision. \ul0\nosupersub\cf8\f9\fs24 In Olufeagba v Abdur-Rah
eem\ul0\nosupersub\cf6\f7\fs24 .\ul0\nosupersub\cf10\f11\fs18 92\ul0\nosupersub\
cf6\f7\fs24 It was said that fair hearing encompasses the twin pillars of natur
al justice namely: Audi Alteram Partem meaning hear the other side and Nemo debe
t esse Judex in propria causa- meaning no one can be a judge in his own case. Ni
ki Tobi JSC, dealt with the issue of fair hearing he stated inter alia, \par\par
d\par\pard\ql \ul0\nosupersub\cf12\f13\fs20 The fair hearing principle entrenche
d in the constitution is so fundamental in the judicial process or the administr
ation of justice that breach of it will vitiate or nullify the whole\ul0\nosuper
sub\cf6\f7\fs24 \ul0\nosupersub\cf12\f13\fs20 proceedings and a party cannot be
heard to say that the proceedings were properly conducted and should be saved b
ecause of such proper condition. Once the appellate court comes to the conclusio
n that there is/was a breach of the principle of fair hearing, the proceedings (
and /add decision) cannot be salvaged as they are null and void abinitio. \par\p
ard\par\pard\qj
\ul0\nosupersub\cf6\f7\fs24 The yardstick for determinin
g the observance of fair hearing in trials is not the question whether any injus
tice has been occasioned to any party due to want of hearing, it is rather the q
uestion whether an opportunity of hearing was afforded to \par\pard\par\pard\ql
\ul0\nosupersub\cf11\f12\fs18 91\ul0\nosupersub\cf12\f13\fs20 (2009) All FWLR (
pt489) p.549, 553 \par\pard\par\pard{
\fs20 (2010)All FWLR (pt512) p.1033,1042}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 parties entitled to be heard.
Fair hearing lies in the procedure followed by a court at a particular time in
arriving at its decision and not necessarily in the soundness of the decision. T
he test of a fair hearing is the impression of a reasonable man present at the t
rial whether, from his observation justice has been done in the case.\ul0\nosupe
rsub\cf10\f11\fs18 93\ul0\nosupersub\cf6\f7\fs24 The onus of showing any irregu
larity as regards fair hearing is on the compliant. Once these four canons of cr
iminal procedures in Nigeria are present in a trial, laid down rules and procedu
re, speedy trial and public hearing, unbiased or an impartial trial and absolute
conformity a fair trial or fair hearing has been enforced.\ul0\nosupersub\cf10\
f11\fs18 94 \ul0\nosupersub\cf6\f7\fs24 RIGHT TO BE INFORMED PROMPTLY: - \u8216?
Every person who is charged with a criminal offence shall be entitled to be info
rmed promptly in the language that he understands and in detail the nature of
the offence\u8217?\ul0\nosupersub\cf10\f11\fs18 95\ul0\nosupersub\cf6\f7\fs24 .
Although this requirements of law concerns the first stage at which time an ac
cused is charged, it is also a reinforcement of section 215 of the Criminal Pr
ocedure Act in order to guarantee fair hearing and trial of the accused, this wa
s provided for in \ul0\nosupersub\cf8\f9\fs24 Timothy v F.R.N\ul0\nosupersub\cf1
0\f11\fs18 96\ul0\nosupersub\cf6\f7\fs24 Every accused person arraigned before
the court in criminal trial must understand the nature of the charge brought aga
inst him. The charge must be read out to the accused in the language that he und
erstands before the plea is taken. This requirement is \par\pard\par\pard\ql \ul
0\nosupersub\cf11\f12\fs18 93\ul0\nosupersub\cf12\f13\fs20 An Accused Person\u8
217?s Rights in Nigeria Criminal Law. p.67 \par\pard\par\pard\ql \ul0\nosupersu
b\cf11\f12\fs18 94\ul0\nosupersub\cf12\f13\fs20 Ibid \par\pard\par\pard\ql \ul0
\nosupersub\cf11\f12\fs18 95\ul0\nosupersub\cf12\f13\fs20 Section 36(6)(a) Cons
titution of the Federal Republic of Nigeria 1999 \ul0\nosupersub\cf11\f12\fs18 9
6\ul0\nosupersub\cf12\f13\fs20 (2008)All FWLR ( pt 402) p.1138,1139 \par\pard\p
ar\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 mandatory and the f
ailure of a trial judge to comply with the provisions of Section 36 (6) (a) of t
he 1999 constitution will render the trial a nullity.\ul0\nosupersub\cf10\f11\fs
18 97 \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 Where the accused unde
rstand the language of the court, which is English, it becomes unnecessary
to record that fact, it is only where the accused obviously does not understand
the language of the court that the law places a burden on the court to put on re
cord a language spoken by the accused and the fact that the charge was read over
and explained to him in that language is however good practice to ask the accus
ed the question whether he understood the charge/nature as read and explained an
d to record his answer. Although the omission to expressly do so would not const
itute non-compliance with the constitutional and procedural requirements, it is
sufficient as a whole, if it would be gathered that the accused understood the n
ature of the charge and that he intended to plead either guilty or not guilty to
the charge, this was the provision in \ul0\nosupersub\cf8\f9\fs24 Timothy v FRN
.\ul0\nosupersub\cf10\f11\fs18 98\ul0\nosupersub\cf6\f7\fs24
In \ul0\nosupers
ub\cf8\f9\fs24 Bayo v. FRN\ul0\nosupersub\cf10\f11\fs18 99\ul0\nosupersub\cf6\f7
\fs24 the court emphasized the fact that, it is entitled to be informed promptl
y of anything said by the accused person in a language which the court does not
understand. The onus is upon the \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\
fs18 97\ul0\nosupersub\cf12\f13\fs20 Criminal Evidence in Nigeria p.91 \par\pa
rd\par\pard{
\fs20 (2008) All FWLR (pt 402) p.1138,1139}\cell
\row}
\fs20 (2008)All FWLR (pt428) p.304,305}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 prosecution to prove a charge
against an accused person and that onus is one beyond reasonable doubt\ul0\nosu
persub\cf10\f11\fs18 100\ul0\nosupersub\cf6\f7\fs24 . \par\pard\par\pard\ql The
accused must have opportunity to plea to the charge or charges against him. Thus
a charge is a document containing the statement and particulars of offence(s) w
ith which a person is accused and tried before a court of law. The rule postulat
es that a charge must be clear enough as to give the accused person adequate not
ice of the offence with which he is charged. A good charge free from ambiguity w
ill reflects, in this order, the following: The name of the accused; date of com
mission of the offence, place of commission of the offence, the description of t
he offence by the name giving to the offence by the law creating it where the la
w defines the offence; or so much of the particulars of the offence as will give
the accused sufficient notice of the charge against him; the section of the law
under which the accused will be punished and the law itself. A charge that is b
ad for duplicity does not necessarily invalidate the charge or the trial except
it has occasioned a miscarriage of justice.\ul0\nosupersub\cf10\f11\fs18 101 \ul
0\nosupersub\cf6\f7\fs24 The criminal justice system in Nigeria requires that th
e contents of a charge should not be subject of speculation and inference, rathe
r the essential ingredient of the offence must be disclosed in the charge. \par\
pard\par\pard\ql \ul0\nosupersub\cf20\f21\fs18 100\ul0\nosupersub\cf13\f14\fs20
Solola v State \par\pard\par\pard{
3\fs20 The Nigerian Law School Electronic Hand Book on Criminal Procedure p.3940}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 This is an inalienable right
of an accused person where however, a charge contains adequate and enough inform
ation for the purpose of proceedings, one cannot impute an offence different fro
m the one contained in the charge. A charge must be provided for by statute wher
e a charge has been framed in accordance with the format of the relevant law, ex
plaining the offence alleged to have been committed and spelling out the elemen
ts of that offence in good, lucid, precise, specific and readily under
standable language, it is regarded as substantially proper and valid in \ul0\nos
upersub\cf8\f9\fs24 Timothy v FRN\ul0\nosupersub\cf6\f7\fs24 .\ul0\nosupersub\cf
10\f11\fs18 102\ul0\nosupersub\cf6\f7\fs24 In \ul0\nosupersub\cf8\f9\fs24 Okike
v. IPDC\ul0\nosupersub\cf10\f11\fs18 103\ul0\nosupersub\cf6\f7\fs24 it was hel
d that an accused person cannot be allowed to approbate and reprobate at the sam
e time. \par\pard\par\pard\qj RIGHT TO BE GIVEN ADEQUATE TIME AND FACILIT
IES FOR THE PREPARATION OF HIS DEFENCE;\ul0\nosupersub\cf10\f11\fs18 104\ul0\n
osupersub\cf6\f7\fs24
the accused must be given adequate time and facilities
to prepare his defence. In this area, the court should grant adjournment to the
accused person either to obtain the service of a counsel where necessary or call
a witness that will be material to his case.\ul0\nosupersub\cf10\f11\fs18 105\u
l0\nosupersub\cf6\f7\fs24 In\ul0\nosupersub\cf8\f9\fs24 Ugwu v The Stat\ul0\no
supersub\cf6\f7\fs24 e\ul0\nosupersub\cf10\f11\fs18 106\ul0\nosupersub\cf6\f7\fs
24 it was said that the opportunity to defend an allegation is a cardinal rule
of fair hearing and an accused charged with an offence has the right to present
his defence. Therefore an \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 10
2 \par\pard\par\pard\ql
\ul0\nosupersub\cf12\f13\fs20 (2008) All FWLR (p
t 402) p.1138, 1139 \ul0\nosupersub\cf11\f12\fs18 103\ul0\nosupersub\cf12\f13\fs

20 (2005)All FWLR (pt266) p.1176 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12
\fs18 104\ul0\nosupersub\cf12\f13\fs20 Section 36(6)(b) Constitution of the Fed
eral Republic of Nigeria \ul0\nosupersub\cf11\f12\fs18 105\ul0\nosupersub\cf12\f
13\fs20 The Nigeria Law School- Electronic Hand Book on Criminal Procedure p.52
\ul0\nosupersub\cf11\f12\fs18 106\ul0\nosupersub\cf12\f13\fs20 (1998) NWLR( pt
558) p.397,408 \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\f
7\fs24 accused person is entitled to cross-examine the prosecution witnes
ses and call witnesses to give evidence for the defence. \par\pard\par\pardEve
ry accused person has a constitutional right under section 36(6) (b) of
the constitution to be supplied with the extra-judicial written statem
ents of the prosecution witnesses before the trial. In criminal trials at t
he High Court the prosecution will always file proofs of evidence which include
the written statements made by the prosecution witnesses to the police. On the o
ther hand the written statements of the prosecution witnesses are not supplied a
s a matter of course in magistrate courts and defence counsel will have to reque
st for their production. The practice of supplying proofs of evidence in the hig
h court has constitutional authority and the failure to produce the extra-judici
al written statements of the witnesses violates the provisions of section 36 (6)
(b) of the 1999 Constitution\ul0\nosupersub\cf10\f11\fs18 107\ul0\nosupersub\cf
6\f7\fs24 . In \ul0\nosupersub\cf8\f9\fs24 Udo v The State\ul0\nosupersub\cf6\f7
\fs24 \ul0\nosupersub\cf10\f11\fs18 108\ul0\nosupersub\cf6\f7\fs24 The Supreme
Court held that a trial judge must grant adjournment in a murder charge once th
e defence counsel is absent at the hearing for the right of the accused person t
o fair hearing is not only statutory but constitutional. Where a witness is abse
nt and an adjournment is sought, it has been held that the accused should normal
ly satisfy that: (a) the witness is material to his case, (b) he, the \par\par
d\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 107\ul0\nosupersub\cf12\f13\fs20
Criminal Evidence in Nigeria p.94 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12
\fs18 108\ul0\nosupersub\cf12\f13\fs20 (1988) 3 NWLR 316 \par\pard\par\pard\ql
\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 defendant has not been guilty
of neglect in procuring the witness to attend and; (c) there is a reasonable exp
ectation that can procure his attendant for a certain date. It is the fundamenta
l of fair hearing that the accused person must be given adequate time and facili
ty to be represented by a counsel of his choice. This was the case in \ul0\nosup
ersub\cf8\f9\fs24 Ogoli v. Federal Republic of Nigeria\ul0\nosupersub\cf10\f11\f
s18 109\ul0\nosupersub\cf6\f7\fs24 the accused counsel were absent and the trib
unal adjourned on two occasions for hearing. The court ordered that hearing noti
ce be served on the counsel. The counsel still did not appear on the adjourned d
ate. The ground for the absence was that they were not served with the hearing n
otice. The tribunal continued with proceeding even though it was informed that t
he defence counsel had not been served with the hearing notice on allegation tha
t the accused was not given a fair hearing based on rule of Audi Alteram Partem.
The Supreme court said, under Section 36(6)(b-c) of the constitution, \par\par
d\par\pard\ql \ul0\nosupersub\cf12\f13\fs20 every person charged with a criminal
offence is entitled not only to be given adequate time and facility for the pre
paration of his offence, but he is also entitled to defend himself in person or
by a legal practitioner of his choice, and the case in which he has been given s
uch an opportunity but the legal practitioner has himself failed to discharge hi
s duty to his client..I am satisfied that they were not given adequate o
pportunity to be represented by a legal practitioner. \par\pard\par\pard{
3\fs20 (2002)10 NSCQR( pt1) 498}\cell
\row}
\row}
}\par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 RIGHT TO DEFEND HIMSELF IN PE
RSON OR BY LEGAL PRACTITIONERS OF HIS OWN CHOICE;\ul0\nosupersub\cf10\f11\fs18 1
10\ul0\nosupersub\cf6\f7\fs24 when an accused person is charged with a capital o
ffence and is unable to secure the services of counsel, the trial judge must app
oint counsel, even without the consent of the accused to conduct his defence and
at the expense of the state. An indigent accused person may apply for services
of counsel through any legal aid service.\ul0\nosupersub\cf10\f11\fs18 111\ul0\n
osupersub\cf6\f7\fs24 In \ul0\nosupersub\cf8\f9\fs24 Nigeria Custom\ul0\nosuper
sub\cf6\f7\fs24 \ul0\nosupersub\cf8\f9\fs24 Prison Service v. Adekeye\ul0\nosup
ersub\cf10\f11\fs18 112\ul0\nosupersub\cf6\f7\fs24 it was observed that it is a
fundamental principle of law that an accused person standing trial upon a crimi
nal allegation be afforded the opportunity to defend himself in person or by leg
al practitioners of his choice. Where leave is sought by the accused to get the
service of a lawyer he must be granted leave of court. In criminal proceeding, w
here an accused was not afforded adequate opportunity to be represented by a leg
al practitioner of his choice, the proceeding is a nullity. However, where the a
ccused has been given such adequate opportunity but the legal practitioner inadv
ertently failed to discharge his professional duty to his client, the proceeding
is valid. This is because the accused person has the choice to disengage the co
unsel and employ another that would adequately represent his interest. Where the
accused is brought \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 110\ul0\
nosupersub\cf12\f13\fs20 Section 36(6)(c) Constitution of the Federal Republic
of Nigeria \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 111\ul0\nosupersu
b\cf12\f13\fs20 Criminal Evidence in Nigeria p.92 \par\pard\par\pard{
3\fs20 (2002)7 S.C( pt111) p.188, 195}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 before the court without repr
esentation, the court must inform him that he has a right to be represented by a
counsel. Such rights are not waivable\ul0\nosupersub\cf10\f11\fs18 113\ul0\nosu
persub\cf6\f7\fs24 . \par\pard\par\pard\qj THE RIGHT TO EXAMINE IN PERSON OR BY
HIS LEGAL PRACTITIONERS: An accused has the right to examine in person or by his
legal practitioners(the defence) the witnesses called by the prosecution before
any court or tribunal and obtain the attendance and carry out the examination o
f witnesses to testify on his behalf before the court or tribunal on the same co
nditions as those applying to the witnesses called by the prosecution;\ul0\nosup
ersub\cf10\f11\fs18 114\ul0\nosupersub\cf6\f7\fs24 where therefore a trial cour
t did not allow the accused to cross examine each prosecution witness as they gi
ve evidence, but merely asked the witnesses several question, the supreme court
has held that, that would amount to a breach of fair hearing and that the court
is in breach of Section 36(6) (d) in \ul0\nosupersub\cf8\f9\fs24 The State v. Ai
bangbe\ul0\nosupersub\cf10\f11\fs18 115\ul0\nosupersub\cf6\f7\fs24 . The Supreme
Court in the case of \ul0\nosupersub\cf8\f9\fs24 Oforlete v The State\ul0\nosup
ersub\cf10\f11\fs18 116\ul0\nosupersub\cf6\f7\fs24 , citing Black Stone\u8217?s
Criminal Practice 1991, decided that the effect of failure to cross examines
a witness upon a particular matter amounts to tacit acceptance of the t
ruth of the witness evidence. The court further stated that: \u8216?A party who
fails to cross examine a witness upon a particular matter in respect of which it
is proposed to contradict him to impeach his credit by calling other witness, \

par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 113\ul0\nosupersub\cf12\f13\f
s20 Hand Book on Criminal Procedure p.6 \par\pard\par\pard\ql \ul0\nosupersub\c
f11\f12\fs18 114\ul0\nosupersub\cf12\f13\fs20 Section(36)(6)(d) Constitution of
the Federal Republic of Nigeria \ul0\nosupersub\cf11\f12\fs18 115\ul0\nosupersu
b\cf12\f13\fs20 (1998)7S.C (pt11) P.96, 132 \par\pard\par\pard{
3\fs20 (2002)3 NSCQR P.243, 260}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 tacitly accepts the truth of
the witness\u8217?s evidence in chief on the matter, and will not thereafter be
entitled to invite the jury to disbelieve him in that grad. The proper cause is
to challenge the witness at the witness box or at any rate, to make it plain to
him at that stage that his evidence is not accepted.\ul0\nosupersub\cf10\f11\fs1
8 117 \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 In \ul0\nosupersub\cf8\f
9\fs24 Nkebisi v State,\ul0\nosupersub\cf10\f11\fs18 118\ul0\nosupersub\cf6\f7\f
s24 the first accused person was employed as a guard at a fish pond, he was sub
sequently removed and replaced with the deceased; he was dissatisfied and threat
ened to kill the deceased in the presence of people. The deceased thereafter dis
appeared and was not found again. The accused person were arrested an
d arraigned in the high court of Enugu State on a charge of murder. PW5, a relat
ive of the deceased gave a graphic account of how the accused persons killed the
deceased and threw his body in the river. The trial court found them guilty con
victed and sentenced them to death. Aggrieved, the accused persons appealed to t
he Court of Appeal where their appeal was dismissed. Yet aggrieved, they appeale
d to the Supreme Court but it was dismissed. It was held that, a case is not los
t on the ground that those who are witnesses are members of the same family or c
ommunity, what is important is their credibility and that they are not tainted w
itnesses. The mere fact that witnesses are relations of the deceased does
not mean that they are not competent witnesses for the prosecution. Eviden
ce of a relation can be accepted, if \par\pard\par\pard\ql \ul0\nosupersub\cf11\
f12\fs18 117\ul0\nosupersub\cf12\f13\fs20 Constitutional Safeguard of the Accus
ed Person Rights to Fair Trial in the Nigeria Criminal Law \par p.275 \par\pard\
par\pard{
3\fs20 (2010)All FWLR (pt521) p. 1407, 1408}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 cogent enough to rule out the
possibility of deliberate falsehood and bias. There is no law which prohibits b
lood relations from testifying for the prosecution where such a relation is the
victim of the crime committed. In the instant case, the evidence given by PW5 wa
s cogent; therefore the trial court rightly relied on it to convict the accused
person. \par\pard\par\pard\ql The noble art of cross-examination constitutes a l

ethal weapon in the hands of the adversary to enable him effect the demolition o
f the case of the opposing party. It is therefore good practice for counsel not
only to put across his client\u8217?s cases through cross-examination, he should
as a matter of the utmost necessity use the opportunity to negate the credit of
that witness whose evidence is under fire.\ul0\nosupersub\cf10\f11\fs18 119\ul0
\nosupersub\cf6\f7\fs24 . RIGHT TO AN INTERPRETER: it is the cardinal principle
of criminal justice that an accused person should have a right to an interpreter
. \u8216?An accused person is entitled to have without payment, the assistance
of an interpreter; if he cannot understand the language used at the trial of the
offence;\ul0\nosupersub\cf10\f11\fs18 120\ul0\nosupersub\cf6\f7\fs24 Criminal
trials in Nigeria are conducted in English but because there exists a large illi
terate population, the \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 119\u
l0\nosupersub\cf12\f13\fs20 Constitutional Safeguard of the Accused Person Righ
ts to Fair Trial in the Nigeria Criminal Law \par
p.275 \par\pard\par\pard
{
3\fs20 Section(36)(6)(e) Constitution of the Federal Republic of Nigeria}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 services of an interpreter is
frequently required.\ul0\nosupersub\cf10\f11\fs18 121\ul0\nosupersub\cf6\f7\fs2
4 In the case of \ul0\nosupersub\cf8\f9\fs24 Uwaekweghinya v. State\ul0\nosuper
sub\cf10\f11\fs18 122\ul0\nosupersub\cf6\f7\fs24 the Supreme Court per Dahiru M
usdapher JSC said thus: \par\pard\par\pard\ql \ul0\nosupersub\cf12\f13\fs20 Now
by the provision of Section 36(6)(e) of the 1999 constitution, the law requires
that there shall be adequate interpretation to the accused person of anything
said in a language which he does not understand: the formal Federal Supreme Cour
t in the case of Queen v. Equabor\ul0\nosupersub\cf11\f12\fs18 123\ul0\nosupersu
b\cf12\f13\fs20 stated that if the accused does not ask for an interpreter, the
failure to supply one would be treated as a matter of procedure and a convictio
n may only be set aside if the failure to supply an interpreter has led to a mis
carriage of justice and that if the accused is represented by counsel the object
ion must be taken at the trial in the first instance and not on appeal \par\pard
\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 In the case of \ul0\nosupersub\cf8\f9\f
s24 Ajayi v. Zaria N.A.\ul0\nosupersub\cf10\f11\fs18 124\ul0\nosupersub\cf6\f7\f
s24 The court allowing the appeal held that an appellant discharges the burden
of showing that a failure of justice has taken place for want of interpretation
or adequate interpretation by showing \u8216?that a reasonable person who was pr
esent at the trial might have supposed that the interpretation was defective to
such an extent as to deny the appellant a fair trial\u8217?. When the presence o
f an interpreter is recorded at the beginning of a trial, it is not necessary to
continue to \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 121\ul0\nosuper
sub\cf12\f13\fs20 Constitutional Safeguard of the Accused Person Rights to Fair
Trial in the Nigeria Criminal Law \par p.95 \par\pard\par\pard{
3\fs20 (2005) 1 NCC 369, 379}\cell
\row}
3\fs20 (1962)1All NLR 287}\cell
\row}
3\fs20 (1963)1All NLR169}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 record at every stage of the
proceedings that he interpreted when the whole trial was conducted on the sam
e day. Bayo v. FRN\ul0\nosupersub\cf10\f11\fs18 125\ul0\nosupersub\cf6\f7\fs
24 the procedure may however be dispensed with where the accused so wishes
and trial judge is of the opinion that the accused does not require any interpr
etation of the proceedings. The right of the accused to an interpreter cannot ho
wever be raised on appeal unless he claimed the right during his trial and was d
enied it. \par\pard\par\pard\qj Also, the matter of interpretation is of practic
e. What the appellant court looks out for is, whether any substantial miscarriag
e of justice has resulted from a failure to follow the correct practice. An appe
llant who complains that the proceedings of a court were not correctly interpret
ed to him must point to instances where what he himself said was wrongly or inco
mpletely interpreted; he must establish conclusively that he did not receive the
benefit of a full and accurate interpretation by reference to particular omissi
on or inaccuracies in the interpretation made to him, this was held in \ul0\nosu
persub\cf8\f9\fs24 Bayo v FRN\ul0\nosupersub\cf10\f11\fs18 126\ul0\nosupersub\cf
6\f7\fs24
An interpreter has an important role to play in the trial of an acc
used person. He is not a party to the case and therefore he has no axe to grind
in the facts of the case. In other words, he is not an interested person in the
outcome of the case\ul0\nosupersub\cf10\f11\fs18 127\ul0\nosupersub\cf6\f7\fs24
. The use of an interpreter in court during the trial of an accused person has \
s20 (2008) All FWLR (pt 428) p.304, 305 \par\pard\par\pard\ql \ul0\nosupersub\c
f11\f12\fs18 126\ul0\nosupersub\cf12\f13\fs20 Bayo v FRN \par\pard\par\pard{
3\fs20 An Accused Person\u8217?s Rights in Nigeria Criminal Law. p.34}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 also been made mandatory.
In \ul0\nosupersub\cf8\f9\fs24 Bayo v. FRN\ul0\nosupersub\cf10\f11\fs18 128\
ul0\nosupersub\cf6\f7\fs24 there should also be adequate interpretation to
the court of anything said by the accused person in a language which the court
does not understand. In other words, it is not open to the interpreter to summar
ise evidence or interpret only those things he considers important for the court
to hear. \par\pard\par\pard\ql
NOT PUNISHING AN ACCUSED FOR AN UN
WRITTEN OFFENCE: An accused person who it is seen to have been tried for, it w
as observed that in \ul0\nosupersub\cf8\f9\fs24 Omojo v. Federal Republic of Nig
eria\ul0\nosupersub\cf10\f11\fs18 129\ul0\nosupersub\cf6\f7\fs24 the Constitutio
n of the Federal Republic of Nigeria provides against retroactivity in legislati
on and punishing the accused person for offences not provided by statute. In oth
er words, while\ul0\nosupersub\cf10\f11\fs18 130\ul0\nosupersub\cf6\f7\fs24 pro
vides against retroactive legislation, under\ul0\nosupersub\cf10\f11\fs18 131\ul
0\nosupersub\cf6\f7\fs24 a person cannot be punished for an offence in customar
y law which is not written. \par\pard\par\pard\qj RIGHT TO PRESUMPTION Of INNOCE
NT: \u8216?Every person who is charge with a criminal offence shall be presumed
to be innocent until he is proved guilty;\ul0\nosupersub\cf10\f11\fs18 132\ul0\n
osupersub\cf6\f7\fs24 The accused is always presumed innocent until his guilt i
s proved beyond reasonable \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 1
28\ul0\nosupersub\cf12\f13\fs20 (2008) All FWLR (pt 428) p. 304, 305 \par\pard\
par\pard\ql \ul0\nosupersub\cf11\f12\fs18 129\ul0\nosupersub\cf12\f13\fs20 (200
8) All FWLR ( pt415) p.1656, 1661 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12
\fs18 130\ul0\nosupersub\cf12\f13\fs20 Section(36)(8) Constitution of the Feder
al Republic of Nigeria 1999 \ul0\nosupersub\cf11\f12\fs18 131\ul0\nosupersub\cf1
2\f13\fs20 Ibid Section(36)(12) \par\pard\par\pard{
3\fs20 Ibid Section(36)(5)}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 doubt. In Nwaobasi v State\ul
0\nosupersub\cf10\f11\fs18 133\ul0\nosupersub\cf6\f7\fs24 the duty to proof bey
ond reasonable doubt only requires the prosecution to provide sufficient admissi
ble evidence that would primafacie establish that it was act/acts of the person
accused and no other person else that was the cause of the killing or death of t
he deceased. Such evidence must exclude other reasonable possibilities of acts t
hat could be attributed as the cause of the death or killing in question and the
refore call for explanation from the person. For the accused person to be proved
guilty of an offence, the evidence must show or establish a direct link betwe
en the act/acts of the deceased person and the death in question. Also, the act/
acts of the person presumed innocent must have been directly connected to the de
ath of the deceased. \par\pard\par\pard\qj RIGHT TO SILENT: \u8216?Similarly a p
erson who is arrested or detained shall have the right to remain silent or avoid
answering any question until after consultation with a legal practitioner or an
y other person of his choice;\ul0\nosupersub\cf10\f11\fs18 134\ul0\nosupersub\cf
6\f7\fs24 person who is tried for a criminal offence shall not be compelled to
give evidence at the trial;\ul0\nosupersub\cf10\f11\fs18 135\ul0\nosupersub\cf6\
f7\fs24 .Silence envisaged under the constitution is to prevent incrimination be
fore a charge, but once there has been a formal charge, it would in view of this
be unreasonable to keep silent. The right to silence of the accused is a conseq
uence of the presumption of innocence. There is no burden on the accused to prov
e his innocence and therefore \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs1
8 133\ul0\nosupersub\cf12\f13\fs20 (2008)All FWLR (pt446) p.1976, 1977 \par\par
d\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 134\ul0\nosupersub\cf12\f13\fs20 Se
ction (35)(2) Constitution of the Federal Republic of Nigeria 1999 \ul0\nosuper
sub\cf11\f12\fs18 135\ul0\nosupersub\cf12\f13\fs20 Ibid Section (36)(11) \par\p
ard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 he is not boun
d to say anything before or during trial. The accused is not obliged to say anyt
hing during interrogation by the police and this is the basis of the mandatory c
aution to all suspects before police interrogation. The accused is not obliged t
o give evidence at any criminal trial.\ul0\nosupersub\cf10\f11\fs18 136\ul0\nosu
persub\cf6\f7\fs24 It is however, not in all cases that an arrested or detained
person for an alleged offence will remain silence when he is confronted with an
allegation of a crime. Human nature, being what it is, it is natural to react t
o an allegation of a crime particularly when the arrested person realises the fa
ct that his freedom is in jeopardy or that his reputation is at stake.\ul0\nosup
ersub\cf10\f11\fs18 137 \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 BAIL:
Bail is the detention for the procurement of the accused; the necessity to procu
re medical or social report pending final disposal of the case. In Uwazurike v.
Attorney General of the Federation\ul0\nosupersub\cf10\f11\fs18 138\ul0\nosupers
ub\cf6\f7\fs24 the courts have over the years established criteria or guideline
s that should be taken into consideration in an application for bail. The criter
ia to be followed in taking a decision in determining whether to grant bail by t
he court include: The evidence available against the accused; Availability of th
e accused to stand trial; The nature and gravity of the offence; The likelihood
of the accused committing another offence while on bail, The likelihood of the a
ccused interfering with the course of justice; The criminal antecedents of the a
ccused person; The likelihood of further charge being brought against the accuse
d; The \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 136\ul0\nosupersub\cf
12\f13\fs20 An Accused Person\u8217?s Rights in Nigeria Criminal Law p.24-25 \
s20 Ibid p.24 \par\pard\par\pard{
3\fs20 (2009)All FWLR (pt 489) p.549,553}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 probability that the accused
may not surrender himself for trial; The detention for the protection of the acc
used; The necessity to procure medical or social report pending final disposal o
f the case. In Suleiman v. Commissioner of Police\ul0\nosupersub\cf10\f11\fs18 1
39\ul0\nosupersub\cf6\f7\fs24 per Tobi JSC said: \par\pard\par\pard\ql \ul0\nos
upersub\cf12\f13\fs20 The most important consideration in the bail decision is t
he determination of what criteria the court should use or invoke in granting or
refuse bail. The bailability of the accused depends largely upon the weight the
court attaches to one or several of the criteria open to it in any given case. T
he determination of the criteria is quite important because the liberty of the i
ndividual stands or falls by the decision of the court. In performing the judici
al function, the court wields a very extensive discretionary power, which must b
e exercised judicially and judiciously. The main function of bail is to ensure t
he presence of the accused at the trial. That is the cynosure of all criteria i
t is the centre-piece, and so this criterion is regarded as not only the omn
ibus ground of granting or refusing bail, but the most important\u8217?. \par\pa
rd\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 In \ul0\nosupersub\cf8\f9\fs24 Uwazu
rike v Attorney General of the Federation\ul0\nosupersub\cf10\f11\fs18 140\ul0\n
osupersub\cf6\f7\fs24 the attitude of the court to application for bail irrespe
ctive of the nature and gravity of offence with which a person is charged, the o
nus is on the prosecution to show the criminal culpability of the accused which
will serve as a pointer to the fact that an accused person should \par\pard\par\
pard\ql \ul0\nosupersub\cf11\f12\fs18 139\ul0\nosupersub\cf12\f13\fs20 (2008) A
ll FWLR (pt 425) p.1627-1628,1630 \par\pard\par\pard{
3\fs20 (2008) All FWLR ( 489) p.549, 553}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 not be released on bail. On t
he other hand, the accused has a duty to show that he is not criminally liable i
n order not to jeopardise his chances of bail. The discretion of the court must
be based on fact and not in vacuo. Before it can be said that a judge properly e
xercised the discretion whether to grant or refuse bail with sufficient, correct
and convincing reasons, and not on his whims and fancies, he must examine all t
he materials before him and consider the applicable law.\ul0\nosupersub\cf10\f11
\fs18 141 \par\pard\par\pard\ql \ul0\nosupersub\cf8\f9\fs24 Munir v. FRN\ul0\nos
upersub\cf10\f11\fs18 142\ul0\nosupersub\cf6\f7\fs24 The principles upon which
an applicant will be admitted to bail pending his appeal include: (1)That bail w
ill not be granted pending an appeal save in exceptional circumstances or, (2)Wh
ere the hearing of the appeal is likely to be delayed, (3)that in dealing with t
he latter class of the case, the court will have regard: (A)not only to the leng
th of time which must elapse before the appeal can be heard, but also to (B)the
length of the sentence to be appealed from and further(C)that the two matters wi
ll be considered in relation to one another. In other words, in the absence of s
pecial circumstances, bail will not be granted unless a refusal would have the r
esult of a considerable proportion of the sentence being served before the appea
l can be heard. \par\pard\par\pardIn determining exceptional or special circumst
ances in granting bail pending appeal, the courts take into consideration t
he following (1)If the applicant being first \par\pard\par\pard\ql \ul0\nos
upersub\cf11\f12\fs18 141\ul0\nosupersub\cf12\f13\fs20 Uwazurike v Attorney Gen
eral of the Federation \par\pard\par\pard{
3\fs20 (2009) All FWLR pt500 p.775, 776}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 offender had previously been
of good behaviour.(2)If substantial grounds of law are involved in the appeal, i
t is useful to see if there is any prospect of success on appeal or where a sent
ence is manifestly contestable as to whether or not it is a sentence known to th
e law, bail should be granted.(3)Where having regard to the very heavy congestio
n of appeals pending in the courts, a refusal of bail of the applicant will have
the result of the whole or a considerable portion of the sentence imposed on th
e applicant being served before the applicant can be heard (4)Where the applicat
ion is based on ill-health and the applicant cannot get the necessary treatment
in prison or where the machine used in treating the applicant is not movable, th
us cannot be moved to prison in such circumstances and in order not to put the a
pplicant health in serious jeopardy, bail will be granted. (5)Before considerin
g the above conditions for admitting a convicted person serving a term of
imprisonment to bail pending determination of his appeal, it is necessary o
r imperative to ensure that the following preliminary conditions have been compl
ied with, namely: That the applicant has indeed, in fact lodged an appeal to the
Court of Appeal which is pending; Has complied with the conditions of appeal im
posed and these will show the seriousness of his application; and if he was gran
ted bail during his trial that he has not attempted or tried to jump bail.\ul0\n
osupersub\cf10\f11\fs18 143 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18
143\ul0\nosupersub\cf12\f13\fs20 Munir v FRN \par\pard\par\pard\ql \par\pard\pa
r\pard\ql \ul0\nosupersub\cf6\f7\fs24 The grant or otherwise of bail pending tri
al or pending an appeal is discretionary like other discretions is required to
be exercised judiciously and judicially to the court faced with such an applica
tion. The court must not refuse the accused bail as a punishment; this is becaus
e the accused is usually presumed innocent until his guilt is proved. The accuse
d is only required to enter into recognisance in the sum fixed by the court; it
is not a requirement of the law that he should deposit money before bail is gran
ted. where a magistrate to whom application for bail has been made refused or ne
glected to grant bail, application could be made to a judge of high court who sh
all have power to grant such bail. Once a court has refused to grant bail, appli
cation for bail should be filed at the higher court, not in any court of the sam
e co-ordinate jurisdiction.\ul0\nosupersub\cf10\f11\fs18 144 \par\pard\par\pard\
ql \ul0\nosupersub\cf2\f3\fs24 3.3.0: THE RIGHT OF CRIMINAL PROCEDURE CODE \par\
pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 There are certain rights provided f
or an accused person under the Criminal Procedure code used in the Northern Stat
es, such rights are as follows: \par\pard\par\pard\qj RIGHTS TO AN INTERPRETER
: \u8216?When any evidence is given in a language not understood by the accused
and the accused is presen\ul0\nosupersub\cf2\f3\fs24 t\ul0\nosupersub\cf6\f7\fs2
4 in court, it shall be interpreted to him in a language understood by him.\u82
17?\ul0\nosupersub\cf10\f11\fs18 145\ul0\nosupersub\cf6\f7\fs24 An interpreter
must be provided for an \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 144\
ul0\nosupersub\cf12\f13\fs20 Electronic Hand Book on Criminal Procedure. p.35 \
s20 Section241 Criminal Procedure Code \par\pard\par\pard\ql \par\pard\par\pard
\ql \ul0\nosupersub\cf6\f7\fs24 accused person for better comprehension of the c
harge against him because he is entitled to it. \par\pard\par\pard\ql RIGHT TO R
EMAIN SILENT: \u8216?The failure of the accused to give evidence shall not be ma
de the subject of any comment by the prosecution, but the court may draw inferen
ces as it thinks fit\u8217?\ul0\nosupersub\cf10\f11\fs18 146\ul0\nosupersub\cf6\
f7\fs24 The accused is not obliged to give evidence at any criminal court and th
erefore cannot be compelled to do so. \par\pard\par\pard\qj RIGHT TO BAIL: \u821
6?That before any person is released on bail he shall execute a bond for such su
m of money as determined by the police or the court on the condition that such a
person must attend at the time and place mentioned therein until otherwise dire
cted. If the person is released on bail, the sureties must execute the same or a
nother bond containing conditions to the same effect.\ul0\nosupersub\cf10\f11\fs
18 147\ul0\nosupersub\cf6\f7\fs24 In \ul0\nosupersub\cf8\f9\fs24 Dogo v. Commis
sioner of Police\ul0\nosupersub\cf10\f11\fs18 148\ul0\nosupersub\cf6\f7\fs24 \
u8216?it was emphasized that it is the duty of the court to consider whether to
grant bail once an accused person has pleaded not guilty to a charge such a situ
ation clearly arises where an information or charge is laid before the trial cou
rt\u8217?. Where a person is arrested without a warrant for a non-capital \par\p
ard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 146\ul0\nosupersub\cf12\f13\fs20
Ibid Section 236 (1)(c) \par\pard\par\pard{
3\fs20 Ibid Section 345}\cell
\row}
3\fs20 (1980)1NCR 14, p.17}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 offence, the police may relea
se him on bail\ul0\nosupersub\cf10\f11\fs18 149\ul0\nosupersub\cf6\f7\fs24 . Tha
t is where it is impracticable to charge him to court within twenty four hours,
if the offence is not a felony. \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\f
s18 149\ul0\nosupersub\cf12\f13\fs20
Section340 Criminal Procedure Code \par\
pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 3.4.0: THE RI
GHT OF CRIMINAL PROCEDURE ACT \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24
The right of an accused person under the Criminal Procedure Act of the Southern
Nigeria are: \par\pard\par\pard\ql RIGHT TO BE INFORMED PROMPTLY THE NATURE AND
DETAIL OF THE OFFENCE: \u8216?At the commencement of the hearing, the court shal
l state or cause to be stated to the defendant the substance of the complaint, a
nd shall ask him whether he is guilty or not guilty\u8217?\ul0\nosupersub\cf10\f
11\fs18 150\ul0\nosupersub\cf6\f7\fs24 which deals with summary trial. The accu
sed is only entitled to know the substance of the complaint against him when he
is brought before the court and he is asked instantly to plead to the charges. C
onversely by Sections 347, 348 and 349 CPA, which deals with trial by informatio
n, the accused person is given adequate time and facilities to prepare for defen
ce. RIGHT TO DEFEND HIMSELF IN PERSON OR BY HIS LEGAL PRACTITI
ONER:\ul0\nosupersub\cf2\f3\fs24 \ul0\nosupersub\cf8\f9\fs24 Solola v. State\ul
0\nosupersub\cf10\f11\fs18 151\ul0\nosupersub\cf6\f7\fs24 deals with a valid ar
raignment of an accused person and the taking of his plea. The object of an arra
ignment in terms of Section\ul0\nosupersub\cf10\f11\fs18 152 \ul0\nosupersub\cf6
\f7\fs24 of the Criminal Procedure Law is to ensure that he understands the char
ge against him and so as to enable him to make his defence, the provision are ma
ndatory and not directory as they preceded the word \u8220?shall\u8221? and an
accused person is being arraigned. The requirement therein have been specificall
y provided to guarantee the \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18
150\ul0\nosupersub\cf12\f13\fs20 Section 285(1) Criminal Procedure Act \par\par
d\par\pard{
3\fs20 (2005) All FWLR (pt269) p.1754,1755}\cell
\row}
3\fs20 Section 215 Criminal Procedure Act}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 fair hearing of an accused pe
rson and to safeguard his interest at such a trial, failure to satisfy any of th
em will render the whole trial incurably defective null and void. Where therefor
e the plea of an accused person was defectively taken, this will amount to a vio
lation of the statutory provision of Section 125, and the test as to whether the
provisions of the section had been complied with is an objective one. RIGHT TO
BAIL: The role of sureties in respect of an accused bail is germane
\ul0\nosupersub\cf10\f11\fs18 153\ul0\nosupersub\cf6\f7\fs24 The occasion is rar
e but it is sometime done when a suspect in the police station or an accused per
son arraigned before a court is granted bail in his own recognisance. It is pert
inent to mention that a surety\u8217?s recognisance may be in terms of money or
landed property depending on the gravity of the offence and the severity of the
punishment attached to it. \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 3.5
.0: THE JUVENILE CRIME AND THE CHILD RIGHT ACT 2003 \par\pard\par\pard\qj
\ul0\nosupersub\cf6\f7\fs24 A Child/Young person means a person who has attained
the age of fourteen years but who has not attained the age of eighteen years. A
child shall not be ordered to be imprisoned however, there are juvenile courts\
ul0\nosupersub\cf10\f11\fs18 154\ul0\nosupersub\cf6\f7\fs24 .\ul0\nosupersub\cf2
\f3\fs24 \ul0\nosupersub\cf6\f7\fs24 in relation to a child, under the Constitu
tion of the Federal Republic of Nigeria 1999, any child who is a suspect equally
has the right set out in the provision of the Child rights Act\ul0\nosupersub\
cf10\f11\fs18 155\ul0\nosupersub\cf6\f7\fs24 It must \par\pard\par\pard\ql \ul0\
nosupersub\cf11\f12\fs18 153\ul0\nosupersub\cf12\f13\fs20 Ibid section 122 \par
\pard\par\pard{
3\fs20 The Laws of Kwara State of Nigeria, 1 Cap29 p.255}\cell
\row}
3\fs20 Child Right Act Section3(2) Cap50 LFN 2004}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 however be noted, that in eve
ry action concerning a child whether undertaken by an individual, public or p
rivate body, institution or service, court of law or administrative or l
egislative authority, the best interest of the child shall be the primary consid
eration.\ul0\nosupersub\cf10\f11\fs18 156 \par\pard\par\pard\ql \ul0\nosupersub\
cf6\f7\fs24 In relation to RIGHT TO DIGNITY OF THE CHILD, every child is entitle
d to respect for the dignity of his person and accordingly no child shall be: Su
bjected to physical, mental or emotional injury, abuse, neglect or maltre
atment, including sexual abuse; Subjected to torture, inhuman or degrading trea
tment or punishment; Subjected to attacks upon his honour or reputation.\ul0\nos
upersub\cf10\f11\fs18 157 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Also
, no child shall be subjected to any forced or exploitative labour.\ul0\nosupers
ub\cf10\f11\fs18 158\ul0\nosupersub\cf6\f7\fs24 Every child has the RIGHT TO BE
REPRESENTED BY A LEGAL PRACTITIONER AND TO FREE LEGAL AID in the hearing and de
termination of any matter concerning the child in the court. If he has no lawyer
the court proceedings shall be conducive to the best interest of the child and
shall be conducted in an atmosphere of understanding, allowing the child to expr
ess himself and participate in the proceedings.\ul0\nosupersub\cf10\f11\fs18 159
\par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 156\ul0\nosupersub\cf12\f13
\fs20 Ibid Section 1(1) \par\pard\par\pard{
3\fs20 Ibid Section 11(a-d)}\cell

\row}
3\fs20 Ibid Section 28(1)}\cell
\row}
3\fs20 Ibid Section155}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 3.6.0: CONCLUSION \par\pard\p
ar\pard\ql \ul0\nosupersub\cf6\f7\fs24 An accused person must be fully aware of
their right including an accused child so that they will not be subject to tortu
re inhuman and degrading treatment because all the weight of the law falls on th
e side of an accused person. How the rights of an accused person can be safeguar
ded will be discussed in the next chapter. \par\pard\par\pard\ql \par\pard\par\p
ard\ql \ul0\nosupersub\cf3\f4\fs27 CHAPTER 4 \par\pard\par\pard\ql SAFEGUARD FOR
THE RIGHT OF AN ACCUSED PERSON \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs2
4 4.0.0: INTRODUCTION \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 The cons
titutional safeguard for the right of an accused person under the Nigerian Crimi
nal Justice System has its foundation on the principles of fair trial and fair h
earing. The constitutional safeguards to ensure a fair trial for the accused inc
ludes: Right to counsel, information of crime committed, provision of interprete
r, time to prepare for trial, examination of prosecution witnesses, right
to fair hearing, presumption of innocence, offence must be known to law, rig
ht to silence, one trial only for an offence and publicity of trial with the rol
e of the Legal Aid Council and Nigeria Bar Association shall be discussed. \par\
pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 4.1.0 THE AWAITING TRIAL OF AN INM
ATE AS AN ACCUSED \par PERSON \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24
An inmate awaiting trial under the Nigeria criminal justice system enjoys some
rights guaranteed under the constitution. An inmate is a person confined in a pr
ison, hospital or other institutions. In the preview of this project, we are ref
erring to an accused person awaiting trial in prison custody. The rights enjoys
by the accused includes the following:\par\pard\par\pard\ql \par\pard\par\pard{
\trowd\trautofit1\intbl{\ul0\nosupersub\cf6\f7\fs24 (1)}\cell{\ul0\nosupersub\cf
6\f7\fs24 Right to Counsel: Right of the accused person to defend himself in per
son or}\cell
\row}
}\par\pard\par\pard\ql by a legal practitioner of his choice.\ul0\nosupersub\cf1
0\f11\fs18 160 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 (2) Information
of Crime Committed: Right to be informed promptly in the \par language he un
derstands in detail, of the nature of the offence. The information must
be given to the accused prior to the trial, at the time of arrest or at the beg
inning of the trial when he is arraigned.\ul0\nosupersub\cf10\f11\fs18 161 \par\

pard\par\pard{
6\f7\fs24 Provision of Interpreter: An accused person is entitled to an inte
rpreter}\cell
\row}
\trowd\trautofit1\intbl{\ul0\nosupersub\cf6\f7\fs24 without payment of any fees.
\ul0\nosupersub\cf10\f11\fs18 162}\cell
\cell
\row}
6\f7\fs24 Time to prepare for trial: The accused must be given adequate time and
}\cell
\row}
\trowd\trautofit1\intbl{\ul0\nosupersub\cf6\f7\fs24 facilities to prepare his de
fence.\ul0\nosupersub\cf10\f11\fs18 163}\cell
\cell
\row}
6\f7\fs24 Examination of prosecution witnesses: Right to examine witnesses calle
d by}\cell
\row}
\trowd\trautofit1\intbl{\ul0\nosupersub\cf6\f7\fs24 the prosecution.\ul0\nosuper
sub\cf10\f11\fs18 164}\cell
{}\cell
\row}
}\par\pard\par\pard\qc \ul0\nosupersub\cf6\f7\fs24 (6) Fair hearing: This right
is better explained in the two traditional maxim i.e. (a) audi alteram partem (t
he other party must be heard) (b) nemo judex in \par\pard\par\pard\ql \ul0\nosup
ersub\cf11\f12\fs18 160\ul0\nosupersub\cf12\f13\fs20 The Nigeria Law School Han
dbook on criminal procedure 2001/2002 Session Section 36(6)(c) of \par the 1999
Constitution p.6 \par\pard\ul0\nosupersub\cf11\f12\fs18 161\ul0\nosupersub\cf1
2\f13\fs20 Ibid Section (36)(6)(a)p.6 \ul0\nosupersub\cf11\f12\fs18 162\ul0\nos
upersub\cf12\f13\fs20 Ibid Section (36)(6)(e)p.7 \ul0\nosupersub\cf11\f12\fs18

163\ul0\nosupersub\cf12\f13\fs20 Ibid Section(36)(6)(b) \ul0\nosupersub\cf11\f1
2\fs18 164\ul0\nosupersub\cf12\f13\fs20 Ibid Section (36)(6)(d) \ul0\nosupersub
\cf4\f5\fs22 65 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 causa sua (a p
erson shall not be a judge in his own case; in which case, there must be freedom
from bias.\ul0\nosupersub\cf10\f11\fs18 165 \par\pard\par\pard\ul0\nosupersub\c
f6\f7\fs24 (7) Presumption of Innocence: The accused is always presumed innocent
until \par
his guilt is proved beyond reasonable doubt by the prosecution.\
ul0\nosupersub\cf10\f11\fs18 166 \ul0\nosupersub\cf6\f7\fs24 (8) Offence must be
known to law: The accused person can only be convicted of \par an offence defin
ed in a written law and the punishment thereby prescribed.\ul0\nosupersub\cf10\f
11\fs18 167 \ul0\nosupersub\cf6\f7\fs24 (9) Right to silence: The accused must n
ot be compelled to give evidence at his \par
trial.\ul0\nosupersub\cf10\f11\f
s18 168 \par\pard\par\pard{
\trowd\trautofit1\intbl{\ul0\nosupersub\cf6\f7\fs24 (10)}\cell{\ul0\nosupersub\c
f6\f7\fs24 One trial only for an offence: No person shall be tried twice for the
same}\cell
\row}
\trowd\trautofit1\intbl{\ul0\nosupersub\cf6\f7\fs24 offence.\ul0\nosupersub\cf10
\f11\fs18 169}\cell
{}\cell
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 (11) Publicity of trial: Proc
eedings are to be held in public except under certain \par
situations in wh
ich they may be held in private.\ul0\nosupersub\cf10\f11\fs18 170 \par\pard\par\
pard\ql \ul0\nosupersub\cf11\f12\fs18 165\ul0\nosupersub\cf12\f13\fs20 Ibid Sec
tion (36)(4) \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 166\ul0\nosuper
sub\cf12\f13\fs20 Ibid Section (36)(5)p.8 \ul0\nosupersub\cf11\f12\fs18 167\ul0
\nosupersub\cf12\f13\fs20 Ibid Section (36)(12) \ul0\nosupersub\cf11\f12\fs18 1
68\ul0\nosupersub\cf12\f13\fs20 Ibid Section (36)(11) \ul0\nosupersub\cf11\f12\
fs18 169\ul0\nosupersub\cf12\f13\fs20 Ibid Section(36)(9)p.10 \ul0\nosupersub\c
f11\f12\fs18 170\ul0\nosupersub\cf12\f13\fs20 Section (36)(3) \par\pard\par\par
d\ql \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 4.2.0
THE ROLE OF THE
LEGAL AID COUNCIL AND NIGERIAN BAR \par ASSOCIATION \par\pard\par\pard\ql \ul0\n
osupersub\cf6\f7\fs24 It is instructive to note that under the Nigerian Criminal
justice system a person standing trial upon a criminal allegation has the right
to represent himself/herself in person or through a legal practitioner of his/h
er choice. However, some accused person may not be able to procure the service o
f a legal practitioner to assist in the prosecution of their cases due to financ
ial position. Thus Legal Aid council is one of the institutions put in place to
assist indigent criminals to prosecute their case probono. \par\pard\par\pard
\qj The Legal Aid Council is a parastatal under the Federal Ministry o
f Justice, established pursuant to the promulgation of Legal Aid No. 56 of 1976
Chapter 205 Law of the Federation of Nigeria (LFN) 1990. The current enabling l
aw is the Legal Aid Act chapter L9, Volume 8, LFN 2004 which shall hereunder be
referred to as the Act as amended.\ul0\nosupersub\cf10\f11\fs18 171\ul0\nosupers
ub\cf6\f7\fs24
The Legal Aid Council of Nigeria (LACON) is a statutory body u
nder the supervisory jurisdiction of the Federal Ministry of Justice.\ul0\nosupe
rsub\cf10\f11\fs18 172\ul0\nosupersub\cf6\f7\fs24 Their slogan is Voice for the
Voiceless and Justice for All.\ul0\nosupersub\cf10\f11\fs18 173\ul0\nosupersub\
cf6\f7\fs24 \u8216?The Council shall be a body \par\pard\par\pard\ql \ul0\nosu
persub\cf11\f12\fs18 171\ul0\nosupersub\cf12\f13\fs20 Legal Aid Council of Nige

ria, Third Edition 2008 p.20 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18
172\ul0\nosupersub\cf12\f13\fs20
Ibid p.42 \par\pard\par\pard{
3\fs20 Legal Aids Council of Nigeria , Fifth Edition 2009 p.06}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 corporate with perpetual succ
ession and a common seal and may sue and be sued in its corporate name\u8217?\ul
0\nosupersub\cf10\f11\fs18 174\ul0\nosupersub\cf6\f7\fs24 . \par\pard\par\pardTh
e purpose of the creation of this Council is found in\ul0\nosupersub\cf10\f11\fs
18 175\ul0\nosupersub\cf6\f7\fs24 the Act and it is for the purposes of providi
ng legal services for economically deficient Nigerian.\ul0\nosupersub\cf10\f11\f
s18 176\ul0\nosupersub\cf6\f7\fs24 The Council is the only institution empowere
d by law and charged with the onerous responsibility of providing free Legal Aid
Services to indigent Nigerians whose income does not exceed the minimum wage i.
e. whose income are below N60,000.00 per annum and those who are unemployed and
those whose income are above but cannot afford the services of private legal pra
ctitioner.\ul0\nosupersub\cf10\f11\fs18 177\ul0\nosupersub\cf6\f7\fs24 Legal Ai
d is a scheme set up to provide free legal advice and representation in court in
certain criminal and civil offences. Although there is no express definition of
the concept under the Act\ul0\nosupersub\cf10\f11\fs18 178 \ul0\nosupersub\cf6\
f7\fs24 provides that \u8216?Legal Aid shall consist on terms provided for in th
e Act, of: A. The assistance of a legal practitioner including all such assistan
ce as it is \par
usually given by a legal practitioner in the steps preli
minary or incidental to any proceedings. \par\pard\par\pard\ql B. Representation
by a legal practitioner before any court; and \par\pard\par\pard\ql \ul0\nosupe
rsub\cf11\f12\fs18 174\ul0\nosupersub\cf12\f13\fs20 Section 1 (1) Legal Aid Ac
t 2004 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 175\ul0\nosupersub\cf
12\f13\fs20 Ibid Section 1(2) \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs
18 176\ul0\nosupersub\cf12\f13\fs20 Legal Aids Council of Nigeria, Fifth Editio
n 2009 p.15 \ul0\nosupersub\cf11\f12\fs18 177\ul0\nosupersub\cf12\f13\fs20 Ibid
p.20 \par\pard\par\pard{
3\fs20 Section 7(4) Legal Aid Act 2004}\cell
\row}
\row}
\trowd\trautofit1\intbl{\ul0\nosupersub\cf6\f7\fs24 C.}\cell{\ul0\nosupersub\cf6
\f7\fs24 Such additional aid (including advice in civil cases and matters) as ma
y be}\cell
\row}
}\par\pard\par\pard\ql prescribed. \par\pard\par\pard\ql By virtue\ul0\nosupersu
b\cf10\f11\fs18 179\ul0\nosupersub\cf6\f7\fs24 of the Act, the proceeding in co
nnection with which legal aid may be granted shall be in respect of proceedings
not so satisfied. The second schedule provides for the categories of proceedings
in respect of which legal aid may be given.\ul0\nosupersub\cf10\f11\fs18 180 \p
ar\pard\par\pard\qj
\ul0\nosupersub\cf6\f7\fs24 Legal Aid ranges from render
ing legal services through consultation, advice or representation in court. Seve
ral non-governmental legal service organizations also provide legal aid service,
what they provide are usually in the form of giving legal advice and assistance
and helping the people to access justice. Thus the pillar of justice sector ref
orm, which is access to justice, incorporated Legal Aid reforms in strong terms.
According to the Director-General (Laeticia Nwaka Akinlami) of the Council the
idea of setting up Legal Aid Council was mooted in 1974 by spirited Nigerians wh
o felt the need for the poor in society to get access to justice.\ul0\nosupersub
\cf10\f11\fs18 181\ul0\nosupersub\cf6\f7\fs24 The establishment of a statutory
body to cater for the legal needs of economically deficient and less privile
ged Nigerians was conceptualized in the early \u8216?70s by some eminent members
of the Nigerian Bar Association (NBA) under the umbrella of \par\pard\par\pard\
ql \ul0\nosupersub\cf11\f12\fs18 179\ul0\nosupersub\cf12\f13\fs20 Ibid Section
7(1) \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 180\ul0\nosupersub\cf12
\f13\fs20 Legal Aids Council of Nigeria, Third Edition 2008 p.24 \ul0\nosupers
ub\cf11\f12\fs18 181\ul0\nosupersub\cf12\f13\fs20 Ibid p.13 \par\pard\par\pard\
ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 \u8216?Legal Aid Associatio
n of Nigeria\u8217?, Chief Chimezie Ikeazor (SAN) who was ably assisted by Chief
Debo Akande (SAN), Chief Solomon Lar, Rt. Hon. Chief Edwin Ume Ezeoke pioneered
the group, amongst others.\ul0\nosupersub\cf10\f11\fs18 182 \par\pard\par\pard\
ql \ul0\nosupersub\cf6\f7\fs24 The provision of free legal services to indigent
Nigerians has been described as necessary impetus to the attainment of the rule
of law in democratic settings. This is premised on the fact that it is only when
a citizen has unfettered access to justice, without fear of its cost that Niger
ians of all classes can proudly be said to enjoy the dividends of democracy.\ul0
\nosupersub\cf10\f11\fs18 183\ul0\nosupersub\cf6\f7\fs24 Legal Aid Officers are
also required to ensure that justice is manifestly seen to have been done.\ul0\
nosupersub\cf10\f11\fs18 184 \par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 The s
upport and show of interest in access to justice for all by Mr. President Musa Y
ar\u8217?Adua\u8217?s as part of the rule of law which is his baby cannot go unn
oticed in his speech ably given on his behalf by the Honourable Attorne
y-General of the federation and Minister of Justice, Michael Kaase Aondoakaa E
sq SAN, \u8216?Access to justice by all Nigerians shall not be hindered by lack
of means\u8217?. Again, Legal Aid is a necessity for democratic equality. Z
eslaw Znamierowski, (1936) \u8216?Democratic equality before the law is serious
ly threatened by the fact that legal assistance may \par\pard\par\pard\ql \ul0\n
osupersub\cf11\f12\fs18 182\ul0\nosupersub\cf12\f13\fs20 Ibid p.24 \par\pard\pa
r\pard{
3\fs20 Ibid p.13}\cell
\row}
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 only be purchased at a market
price. Dubious is the value of rights. Therefore, free of charge or inexpensive
legal advice is clearly a democratic necessity\u8217?.\ul0\nosupersub\cf10\f11\
fs18 185 \ul0\nosupersub\cf6\f7\fs24 Former Honourable Attorney-General of the F
ederation (Michael Kaase Aondoakaa ESQ SAN) consistently maintained that \u8216
?Justice for all irrespective of means is achievable in Nigeria and in that rega
rd, no Nigerian is above the law in the contest of the rule of law which is a ca
rdinal principle of the present government in Nigeria\u8217?.\ul0\nosupersub\c
f10\f11\fs18 186 \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 THE FRAMEWORK
OF THE LEGAL AID COUNCIL \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 MISS
ION - Legal Aid Council aims to become the leading provider of free and timely l
egal services ensuring social justice and emancipation for the oppressed repriev
e to the weak and vulnerable in giving voice to the voiceless\ul0\nosupersub\cf1
0\f11\fs18 187\ul0\nosupersub\cf6\f7\fs24 . VISION - One Nigeria, in which t
here is equal opportunity for all, all rights enshrined in our constitution
are respected, protected and defended as to achieve justice for all\ul0\nosuper
sub\cf10\f11\fs18 188\ul0\nosupersub\cf6\f7\fs24 . \par\pard\par\pard\ql VALUES
- Stand for justice, respect for Human Rights and Dignity, Transparency and Acco
untability, Integrity and Quality Service Delivery.\ul0\nosupersub\cf10\f11\fs18
189 \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 185\ul0\nosupersub\cf12
\f13\fs20 Legal Aid Council of Nigeria. Third Edition2008, p.08 \ul0\nosupersub
\cf11\f12\fs18 186\ul0\nosupersub\cf12\f13\fs20 Ibid p.02 \par\pard\par\pard\ql
\ul0\nosupersub\cf11\f12\fs18 187\ul0\nosupersub\cf12\f13\fs20 Ibid p.15 \par\
pard\par\pard{
3\fs20 Legal Aid Council of Nigeria. Fifth Edition 2009, p.05}\cell
\row}
\row}
}\par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 GOAL - Their goal is to stren
gthen the existing Legal Aid System so that Nigerians who are entitled to legal
aid and who are unable to afford the service of legal practitioners of their own
can have free and unhindered access to legal services and in the process obtain
justice, attain equality and protected human rights. The Council will continue
to honour and advance the pursuit of equal access to justice for the \par\pard\p
ar\pard\ql poor.\ul0\nosupersub\cf10\f11\fs18 190 \par\pard\par\pard\ql
\ul0\nosupersub\cf6\f7\fs24 MANDATE- The council is charged with the responsibil
ity of enhancing the Rule of Law through the provision of free legal ass
istance and advice to indigent Nigerians.\ul0\nosupersub\cf10\f11\fs18 191 \
par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 Nigeria (NAN), Nigerian Televi
sion Authority (NTA), National Agency for the Prohibition of Traffic in Person
and Other Related Matters (NAPTIP), Human Right Commission, Ministry of Women Af
fairs, Nigerian Prisons Service and Nigeria Police Force, other collaborations/a
ssistance has been enjoyed by the Council from International Organizations as:
The British Council, Mac Arthur Foundation, Lawyers without Borders (LWB)
. Other organizations which have approached the Council for collaboration inc
lude Prisoners' Rehabilitation and Welfare Action \par\pard\par\pard\ql \ul
0\nosupersub\cf11\f12\fs18 189\ul0\nosupersub\cf12\f13\fs20 Legal Aids Council
Of Nigeria, Third Edition, 2008 p.15 \par\pard\par\pard\ql \ul0\nosupersub\cf11\

f12\fs18 190\ul0\nosupersub\cf12\f13\fs20 Ibid p.26 \par\pard\par\pard{
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 (PRAWA), Agency for Africa Fa
milies in Distress and Network of University Legal Aid Institutions (NULAI).\ul0
\nosupersub\cf10\f11\fs18 192 \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24
The National President of the Nigeria Bar Association (Olarotimi O. Akeredolu S
AN) in LACON News says that: \par\pard\par\pard\ql \ul0\nosupersub\cf12\f13\fs20
LACON can be said to be a brain child of NBA. LACON is a baby of the bar and NB
A should be able to provide fund for the Council. The average Nigerian can be
aware of the activities of the Council by having programmes continually
to disseminate the programmed of the Council. The Council should not limit itse
lves in urban area but must go to the grassroots so that they can disseminate th
eir activities in all languages, in radio, Jingles etc. The Council should be mo
re aggressive in its fund drive. They must not limit their source of funding to
the government alone. They should meet people in the private sector, Non-Governm
ental Organizations and Donor-Agencies with the same social responsibility.\ul0\
nosupersub\cf11\f12\fs18 193 \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 T
he role of the Nigerian Bar Association (NBA), Human Rights Institute (HRI), say
s \u8216?it will provide free legal service for accused person and susp
ect with no or inadequate legal representation\u8217?. The scheme accord
ing to Abiola Olagunju, Secretary of NBA-HRI \u8216?stems from a sum carried
out by the association, which showed that most Human Right abuses resulting peri
ods of awaiting trials usually \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs
18 192\ul0\nosupersub\cf12\f13\fs20 Ibid p.04-05 \par\pard\par\pard{
3\fs20 Legal Aid Council of Nigeria Fourth Edition 2008, p.24-25}\cell
\row}
\row}
}\par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 occur when the accused person do
not have legal representation. The NBA decided to establish human right desk in
all the 88 branches\u8217?. The scheme is to further boost and compliment the Hu
man Rights Desks, which until now provide basic advice to accused persons. The p
robono scheme gives impetus to the already existing human rights making the serv
ices rendered by the lawyer\u8217?s free charge thereby making access to justice
easier. The Federal Ministry of Justice had also commenced a program tagged \u8
216?decongestion of prisons\u8217? where cases of persons awaiting trial in the
various prisons across the country were assigned to private legal practitioners
to represent the accused persons with the sole aim being to decongest the prison
s\ul0\nosupersub\cf10\f11\fs18 194\ul0\nosupersub\cf6\f7\fs24 . The primary role
of Legal Aid Council has gone beyond rendering legal services, inform of advice
, assistance and helping the people to have access to justice. It has transited
to the payment of option of fines of some of the inmates. To buttress the fact w
as the giant stride of the present Director-General of Legal Aid Council of Nige
ria (Mrs. Laetitia Nwaka Akinlami) \u8216?Who not only decried the delay
in adjudicating of justice in the Nigeria Law Courts but went ahead and paid t
he fines \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 194\ul0\nosupersub\
cf12\f13\fs20 Innocent Anaba \u8216? Nigeria :NBA Launches Free Legal Service
s\u8217? Vanguard Newspaper (Nigeria 27 \par
February 2011) \par\pard\par\par
d{
\trowd\trautofit1\intbl{\ul0\nosupersub\cf12\f13\fs20 < \ul0\nosupersub\cf19\f20
\fs20 http://allafrica.com/stories/200904030916.html\ul0\nosupersub\cf12\f13\fs2
0 > accessed on 27 November 2010}\cell
\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 for six (6) inmates and regis
tered West African Examinations Council (WAEC) for five (5) inmates at Owerri pr
isons in Imo State\u8217?. \ul0\nosupersub\cf10\f11\fs18 195 \par\pard\par\pard\
ql \ul0\nosupersub\cf6\f7\fs24 In addition, the Council provides assistance in a
ccident and fundamental rights claims as expressed in the second schedule of th
e Act. \par\pard\par\pardThe Council is the fore-runner of Legal Aid Service Pro
vision.\ul0\nosupersub\cf10\f11\fs18 196\ul0\nosupersub\cf6\f7\fs24 The Council
provides services as set out under the second schedule to the Act, in addition
to its criminal jurisdiction, which covers the offence in Section 215 Criminal P
rocedure Act and 185 Criminal Procedure Code such areas as murder, mans
laughter, malicious or grievous bodily harm, assault, occasioning actual bodily
harm, stealing, affray, rape and equivalent offences under the Penal Code, etc.\
ul0\nosupersub\cf10\f11\fs18 197 \ul0\nosupersub\cf6\f7\fs24 The Council is empo
wered to undertake civil claims in respect of accidents and claims for damages f
or breaches of Fundamental Human Rights as guaranteed under Chapter IV of the
Constitution of the Federal Republic of Nigeria 1999. By extension, the
Council is concerned with enhancing the rule of law through the provision of fr
ee legal assistance and advice to the needy, which are geared towards reducing t
o the barest minimum, incident of human rights abuses.\ul0\nosupersub\cf10\f11\f
s18 198\ul0\nosupersub\cf6\f7\fs24 Again, the \par\pard\par\pard\ql \ul0\nosupe
rsub\cf11\f12\fs18 195\ul0\nosupersub\cf12\f13\fs20 Ibid p.43 \par\pard\par\par
d\ql \ul0\nosupersub\cf11\f12\fs18 196\ul0\nosupersub\cf12\f13\fs20 Ibid p.15 \
ul0\nosupersub\cf11\f12\fs18 197\ul0\nosupersub\cf12\f13\fs20 Ibid p.25 \ul0\no
supersub\cf11\f12\fs18 198\ul0\nosupersub\cf12\f13\fs20 Ibid \par\pard\par\pard
\ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Council provides legal
aid to as many indigent people as possible including vulnerable groups s
uch as women, children and the rural people. To this end, the Council has embark
ed on educating Nigerians on their rights as guaranteed in the constitution and
in particular what they are expected to do whenever their rights are threatened
or violated by any government agency or individuals in the society.\ul0\nosupers
ub\cf10\f11\fs18 199 \ul0\nosupersub\cf6\f7\fs24 More so, the Council is de
dicated to not only finalizing matters in court but protecting the rights
of people through the offering of sound and timely legal advice, mediation and
the rendering of quality legal services. As a progressive government public defe

nder, the Council has shown a remarkable commitment to the building of a just so
ciety where each person respects the constitutional rights of others. The Counci
l is consequently eager to participate in the further development of our justice
system through continued cooperation with partners and stakeholders.\ul0\nosupe
rsub\cf10\f11\fs18 200 \ul0\nosupersub\cf6\f7\fs24 The Legal Aid Council applies
different systems of mechanism to assist people to access justice. This assista
nce includes the judicial, where lawyers are instructed by the Council to repres
ent accused persons in criminal trials and in civil matters, through partnership
with Non-governmental organization. Crosby asserted that \par\pard\par\pard\ql
\ul0\nosupersub\cf11\f12\fs18 199\ul0\nosupersub\cf12\f13\fs20 Ibid \par\pard\p
ar\pard{
3\fs20 Ibid p. 26}\cell
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf12\f13\fs20 The joy of living is living
for others\ul0\nosupersub\cf6\f7\fs24 .\ul0\nosupersub\cf10\f11\fs18 201 \par\p
ard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 In this passionate sense of aforetho
ught, the Legal Aid Council has championed the clarion call of rendering selfles
s service delivery to indigent citizens. Effort is being made daily by this Coun
cil to make legitimate justice available to the citizens especially the rural po
or, who are completely alienated when it comes to legal processes because of
the expensive and intimidating nature of Nigerian Legal Services. In the
recent decade, the Council has optimistically assumed the prime priority and pri
sm geared to taken on so many clients not minding its limited financial and hu
man resources.\ul0\nosupersub\cf10\f11\fs18 202 \par\pard\par\pard\ul0\nosupersu
b\cf6\f7\fs24 The Council from time to time assign cases to private legal practi
tioners, either directly or through local Nigerian Bar Association officers for
no or token fee. Constant supply of client is ensured by the Council's legal per
sonnel through prison visits to identify clients (Awaiting Trial Inmates) who qu
alify for legal assistance by both meeting the means and the criminal allegation
test. All legal personnel of the Council are instructed to either maintain a st
eady flow of clients by visiting prisons through the court lists. \ul0\nosupe
rsub\cf10\f11\fs18 203\ul0\nosupersub\cf6\f7\fs24 Importantly, the Council
has continued to strive \par\pard\par\pard\ql \ul0\nosupersub\cf11\f12\fs18 2
01\ul0\nosupersub\cf12\f13\fs20 Ibid p.42 \par\pard\par\pard\ql \ul0\nosupersub
\cf11\f12\fs18 202\ul0\nosupersub\cf12\f13\fs20 Ibid \par\pard\par\pard{
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 unrelentless to ensure tha
t Nigerian prisons reforms and decongestion is maximized.\ul0\nosupersub\c
f10\f11\fs18 204 \par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 The Legal Aid Cou

ncil also focused on relieves available to victims of arbitrary arrest, unlawful
detention and prosecution. The Council has continued to use the law courts as s
pringboard for social reforms and to bridge the widening gap between the rich an
d the poor in the administration of justice and to ensure that no citizen is pre
vented from obtaining justice especially where life and / or liberty is threaten
ed just for lack of means to pay for a legal representation of his choice.\ul0\n
osupersub\cf10\f11\fs18 205 \ul0\nosupersub\cf6\f7\fs24 The then president, Chie
f Olusegun Obasanjo administration contributed immensely to the enhancement of t
he criminal justice system by introducing National Economic Empowerment and Deve
lopment Strategy (NEEDS). The idea is that justice and democracy must be made re
al for individuals and groups, accessible and efficient in responding to the nee
ds of its end users.\ul0\nosupersub\cf10\f11\fs18 206\ul0\nosupersub\cf6\f7\fs24
Also, in conjunction with the police, the open society justice initiative and
the National Youth Service Corps Directorate, the Legal Aid Council established
the Police Duty-Solicitor Scheme to provide prompt and uninterrupted legal advic
e and assistance to those in conflict with the law from the point of arrest and
before their statement are obtained and/or before arraignment \par\pard\par\pard
\ql \ul0\nosupersub\cf11\f12\fs18 204\ul0\nosupersub\cf12\f13\fs20 Ibid p.42 \p
ar\pard\par\pard{
\row}
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 in court. Finally, the scheme
among other roles is to reduce the average duration of pre-trial detention an
d ensure respect for the constitutional rights of suspects, detainees an
d accused person.\ul0\nosupersub\cf10\f11\fs18 207 \par\pard\par\pard\ql \ul0\no
supersub\cf6\f7\fs24 It will be very important to mention few among the numerous
problem of the council since the roles have been explained above. Some of the p
roblems are: Access to justice in Nigeria has been a major problem. Many years o
f prolonged military rule has ensured that the Legal Aid scheme has under funded
and has had a low priority on the national agenda. The successive military dict
atorships were characterized by suspension of constitutional provisions on
rule of law; the implication was that of rule of force and near total disre
gard of rule of law. During this period, a lot of citizens were incarcerated wit
hout trial and this brought about what we have today as Awaiting Trial Prison In
mates Syndrome. Finally, the criminal justice system seemed to have lost its cap
acity to respond quickly to the needs of the society towards checkmating the ris
ing of waves of crime. It did appear that the Criminal Justice System has become
stalled or moribund. Access to justice became an exclusive preserve of the rich
and the powerful state funding legal assistance to the poor in form of legal ai
d gradually whittled away. \ul0\nosupersub\cf10\f11\fs18 208 \par\pard\par\pard\
ql \ul0\nosupersub\cf11\f12\fs18 207\ul0\nosupersub\cf12\f13\fs20 Ibid p.45 \pa
r\pard\par\pard{
\row}
\row}
}\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Finally, Legal Aid Council wi
ll continue to strive to bridge the existing gap between the rich and the poor i
n the administration of justice. The Legal Aid Council is ensuring that justice
is been made accessible to all. It is in this regard that the country can be adj
udged to be democratic, egalitarian and socially oriented. \par\pard\par\pard\ql
\ul0\nosupersub\cf2\f3\fs24 4.3.0\ul0\nosupersub\cf6\f7\fs24 \ul0\nosupersub\c
f2\f3\fs24 CONCLUSION \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 The ac
cused right must be protected against abuse of rights as stipulated in the const
itution, because they are presumed innocent until found guilty. The court should
ensure that justice is accorded to the accused person and justice must not only
be done but must be seen to have been done. \par\pard\par\pard\ql The Legal Aid
Council and the Nigerian Bar Association must execute their work with extraordi
nary passion in safeguarding these rights by seeing to it that fair hearing and
fair trial is being given to the accused. \par\pard\par\pard\ql \par\pard\par\pa
rd\ql \ul0\nosupersub\cf3\f4\fs27 CHAPTER 5 \par\pard\par\pard\ql GENERAL CONCLU
SION \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 5.0.0: CONCLUSION \par\pa
rd\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 It has been established that the cons
titution guarantees an accused persons right to fair hearing which is the pillar
that other rights rest on. The attitudes of courts to the accused person's righ
t to fair hearing is generally founded upon the provision of Sections 35 and 36
of the Nigerian constitution 1999 as applied to every person charged with crimin
al offence. \par\pard\par\pard\ql We have been able to identify that the law see
ks after the highest possible idea of justice and fairness and that has been the
judicial attitude in criminal cases. Thus, the court is duty bound to uphold, e
nforce and enjoy the observance of this fundamental right as enshrined in the la
w. \par\pard\par\pard\ql The Legal Aid Council and the Nigeria Bar Association m
ust work hand in hand with great passion for humanity to ensure that the right o
f an accused is being safeguarded to the fullest by seeing to it that fair heari
ng and fair trial is been given to the accused, so as to have a vibrant and effe
ctive criminal justice system. Any civilized society must uphold the tenets of f
air hearing and recognize that justice is indeed meant to be a three way traffic
specifically justice to the victim, justice to \par\pard\par\pard\ql \par\pard\
par\pard\ql \ul0\nosupersub\cf6\f7\fs24 the state and justice to the accused per
son, because all the full weight of the laws fall on the side of an accused pers
on. \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 5.1.0: RECOMMENDATIONS \pa
r\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 It is a known fact that the pract
icality of this discourse is a problem, so in view of this, the Federal Governme
nt, Judiciary, Law Enforcement Agents and equally the citizens of Nigeria should
work together toward the practicality of these rights. There should also be mat
erial conditions of fundamental liberties for all. The citizens of Nigeria must
endeavor to do a critical and proper study of what their right is, so that they
could seek redress when those rights are breached. \par\pard\par\pard\ql The Fed
eral Government must be made to observe the rule of law and not to violate the h
uman rights of the citizen, in this regard the Nigeria government is call upon t
o ratify the convention against torture and cruel inhuman or degrading treatment
or punishment and should ensure that the awareness is created on the rights of
its citizens and should encourage the law enforcement agents to uphold the const
itution of the country. \par\pard\par\pard\qj The judiciary whose independence i
s a condition sine qua non for good functioning must be made to have direct acce
ss to its funds in terms of adequate salaries and improvement of laws courts

system so that the rights will be implemented effectively. Judges should
ensure liberal and effective enforcement of Fundamental \par\pard\par\pard\ql H
uman Right and equally liberalize bail conditions. They should also assist citiz
ens \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 whos
e rights have been violated but do not have or cannot afford legal representatio
n by referring them to the relevant NGOs, NBA, Office of Public Defenders, Natio
nal Human Rights Commission and Legal Aid Council. The Legal Aid scheme must be
made to have more coverage for all indigents and adequate funds and personal cal
ibre to man its affair. \par\pard\par\pard\ql Our courts should be increased in
many folds and seriously updated to encourage trial and disposition of criminal
matter cheaper and technicalities free, this will lead to an increase legal awar
eness. Access to court must be make easier and equally encourage citing of more
court rooms near the prisons and police stations so that when any suspect feels
that his rights have been breached they could easily go to court. \par\pard\par\
pard\ql It would equally be a welcomed idea if the human rights activists could
engage in mass education, awareness, campaigns and sensitization of citizens on
human right issues to make every citizens of Nigeria most especially the suspect
to know that they have a right under the law. \par\pard\par\pard\ql All Nigeria
ns should work together towards attaining the international standard of the Prac
ticality of the right of an accused because this is what is obtained in the deve
loped countries of the world and Nigeria as a leading African nation should not
be left out. \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf3\f4\
fs27 BIBLIOGRAPHY \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 ARTICLES IN
JOURNALS \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 \u-3913?\ul0\nosupers
ub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Ashara R.O, \u8216?Bail Phenomenon
and its Abuses in Nigeria\u8217? (1997) 4 Ahmadu \par Bello Univ. L. J. 36. \p
ar\pard\par\pard\ql \u-3913?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7
\fs24 Audi J, \u8216?Means of Enforcing Human Rights Accountability and Democra
cy \par in Nigeria\u8217? (1999) 6 Ahmadu Bello Univ. L. J. 1- 18. \par\pard\par
\pard\ql \u-3913?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Onaw
ola, \u8216?Bail & Ball Pending\u8217? (2007), 2 Univ. of Ilorin Law Student
\par
Society J. \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 ARTICLES ON
THE INTERNET \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 \u-3913?\ul0\nos
upersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Adegoke T.B, \u8216?Blog for
IBA International Probono.com: A Revolution in \par
Legal Aid\u8217? \par\pa
rd\par\pard\ql <\ul0\nosupersub\cf23\f24\fs24 http://intprobono.blogspot.com/201
0/02/revolution-in-legal-aid\par
obligation.html\ul0\nosupersub\cf6\f7\fs
24 > accessed on 27 November 2010 \par\pard\par\pard\ql \u-3913?\ul0\nosupersub\
cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Gianluigi P \u8216?From Human Rights
to Fundamental Rights, Consequences of a \par Conceptual Distinction\u8217? Eu
ropean University institute \par\pard\par\pard\ql <\ul0\nosupersub\cf23\f24\fs24
http://cadmus.iue.it/dspace/index.jsp\ul0\nosupersub\cf6\f7\fs24 > accessed on
10 January 2011 \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf6\
f7\fs24 \u-3913?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Pro B
ono Law < \ul0\nosupersub\cf23\f24\fs24 http://www.hg.org/probonolaw-law.html\ul
0\nosupersub\cf6\f7\fs24 > accessed on 27 \par November 2010 \par\pard\par\pard
\ql \ul0\nosupersub\cf2\f3\fs24 BOOKS \par\pard\par\pard\ql \ul0\nosupersub\cf6\
f7\fs24 \u-3913?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Adesi
yan D.O, An Accused person\u8217?s Rights in Nigeria Criminal Law \par
(Heinmann Educational Books (Nigeria) Plc pub. 1996) \par\pard\par\pard\ql \u-39
13?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Ajomo M.A, Individ
ual Rights under the 1989 Constitution (Nigeria institute \par of Advanced Lega
l Studies 1993). \par\pard\par\pard\ql \u-3913?\ul0\nosupersub\cf9\f10\fs24 \ul
0\nosupersub\cf6\f7\fs24 Bodede J, Criminal Evidence in Nigeria (Revised Editi
on, Florence and \par Lambard (Nig) Ltd., 2008). \par\pard\par\pard\qj \u-3913
?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Ibrahim I, A Highli
ght on the Constitutional Safeguard for an Accused \par
person\u8217?s R
ights to Fair Trial in the Nigeria Criminal Justice (The Legal issues in honour
of Justice Belgore S.M.A, 2008). \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\f
s24 CHAPTERS IN BOOKS \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 \u-3913?

\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Cranston M, \u8216?Wh
at are Human Rights\u8217? (London the Bodley Head 1973) in \par
the Judi
ciary and Human Rights (Nigeria institute of international Affair, Lagos 1992)
1 \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\fs24 NEWSPA
PER REPORTS ON THE INTERNET \par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 \u
-3913?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24 Innocent Anaba
, Nigeria: \u8216?NBA Launches Free Legal Services\u8217?, Vanguard \par
News paper (Nigeria 27 February 2011) \par\pard\par\pard\ql <\ul0\nosupersub\cf2
3\f24\fs24 http://allafrica.com/stories/200904030916.html\ul0\nosupersub\cf6\f7\
fs24 > accessed on 27 November 201 \par\pard\par\pard\ql \ul0\nosupersub\cf2\f3\
fs24 PAPERS
PRESENTED
AT
CONFERENES,
WORKSHOPS
AND SERMINARS \par
\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 \u-3913?\ul0\nosupersub\cf9\f10\fs
24 \ul0\nosupersub\cf6\f7\fs24 Ajomo M.A, \u8216?Fundamental Human Rights und
er the Nigeria Constitution\u8217? \par (International Seminar on Human Rights,
Lagos 1992). \par\pard\par\pard\u-3913?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupe
rsub\cf6\f7\fs24 Bashir Y.I, \u8216?Human Rights in Nigeria\u8217?: An O
verview (Seminar paper \par
Presented at Faculty of Law Ahmadu Bello Univ. Z
aria 1999). \u-3913?\ul0\nosupersub\cf9\f10\fs24 \ul0\nosupersub\cf6\f7\fs24
Obaseki A.O, \u8216?The Judiciary and Human Rights\u8217? (International Seminar
on \par
Human Rights, Lagos 1992). \par\pard\par\pard\ql \par\pard}

The Right of An Accused Person Under

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{\rtf1{\fonttbl

{\f2 Times New Roman Bold;}

f3\f4\fs27 MAY 2011 \par\pard\par\pard\ql \ul0\nosupersub\cf4\f5\fs22 ii \par\pa

\trowd\trautofit1\intbl{\ul0\nosupersub\cf2\f3\fs24 DR. WAHAB O. EGBEWOLE}\cell{

THE RIGHT OF AN ACCUSED PERSON \par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 4.0

ce of the right to fair hearing as entitled to everyone especially an accuse

0 (1966)1 ALL NLR 178 \par\pard\par\pard\ql \par\pard\par\pard\ql \ul0\nosupers

par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Law Dictionary defines right as

colonial government inaugurated a commission headed by Sir Henry Willink to lo

\fs20 Individual Rights under the 1989 Constitution p.5}\cell

ntravention of this section\ul0\nosupersub\cf10\f11\fs18 35 \par\pard\par\pard\q

IGNITY OF HUMAN PERSON-The Constitution confers on every individual to have his

\fs20 Section 35 \u8216?Constitution of the Federal Republic of Nigeria\u8217?}

ub\cf6\f7\fs24 In \ul0\nosupersub\cf8\f9\fs24 Dele Giwa V Inspector General of

try in to homes in the course of arrest of a suspected criminal or investigation

inciples also lead credence to reasonable restriction on this right in that no o

an Rights, Accountability and Democracy in Nigeria p. 17 \ul0\nosupersub\cf11\f1

\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Human rights are a minimum, Kantian, ne

\par\pard\par\pard\ql \ul0\nosupersub\cf6\f7\fs24 Fundamental human right is a

osupersub\cf11\f12\fs18 88\ul0\nosupersub\cf12\f13\fs20 Section 36(4) Constitut

t 402) p.1138, 1139 \ul0\nosupersub\cf11\f12\fs18 103\ul0\nosupersub\cf12\f13\fs

is proposed to contradict him to impeach his credit by calling other witness, \

person. \par\pard\par\pard\ql The noble art of cross-examination constitutes a l

3\fs20 Ibid Section 11(a-d)}\cell

inning of the trial when he is arraigned.\ul0\nosupersub\cf10\f11\fs18 161 \par\

upersub\cf12\f13\fs20 Ibid Section (36)(6)(e)p.7 \ul0\nosupersub\cf11\f12\fs18

persub\cf11\f12\fs18 171\ul0\nosupersub\cf12\f13\fs20 Legal Aid Council of Nige

Of Nigeria, Third Edition, 2008 p.15 \par\pard\par\pard\ql \ul0\nosupersub\cf11\

the rendering of quality legal services. As a progressive government public defe

f10\f11\fs18 204 \par\pard\par\pard\ul0\nosupersub\cf6\f7\fs24 The Legal Aid Cou

ss to its funds in terms of adequate salaries and improvement of laws courts

s24 CHAPTERS IN BOOKS \par\pard\par\pard\qj \ul0\nosupersub\cf6\f7\fs24 \u-3913?

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