CONSTITUTIONAL GUARANTTEES FOR FAIR TRIAL

Many people are languishing in different custodial centers across Nigeria. About 70% of inmates in Nigeria are awaiting trial persons. This high proportion of awaiting trial persons in the Nigerian Custodial Centers is evidence that the right to presumption of innocence guaranteed by section 36 subsection (5) of the Constitution of Nigeria 1999 is grossly abused in the way and manner suspects and defendants in criminal trials are treated.

Inmates particularly those awaiting trial have the right to judicial and procedural safeguards. This ensures the legality of the judicial proceedings that they are going through and protects them from being detained arbitrarily.

There are provisions in section 36 of the Constitution of Nigeria 1999 which ensures that an accused person shall have a fair trial. These constitutional provisions override every other provision in any other laws which are inconsistent with the constitutional provisions.

These constitutional provisions are:

1. RIGHT TO BE INFORMED OF THE ALLEGED OFFENCE:

Section 36 subsection (6), paragraph (a) of the Constitution of Nigeria 1999 provides that an accused person must be informed promptly and in details the nature of the offence he is alleged to have committed. The constitution requires that the accused be informed promptly at the point of arrest or not later than at the point of arraignment in a language he/she understands. This constitutional provision is to ensure that the accused knows the allegations against him and is not prejudiced in his/her defense.

 

2. RIGHT TO BE PRESUMED INNOCENT:

Section 36 subsection (5) of the Constitution of Nigeria provides that ‘every person charged with a criminal offence shall be presumed to be innocent until he/she is proved guilty’. This constitutional provision implies that defendants in criminal trials should be treated with respect as any other citizen as they are innocent of the alleged crime until found guilty by the court and then be punished appropriately for the crime they have been found guilty of committing.  It is the duty of the prosecution who alleged that the defendant committed the offence to prove it beyond reasonable doubts.

 

3. THE RIGHT TO BE TRIED IN PUBLIC:

Section 36 subsection {4) of the Constitution requires that trials should be held in public. Members of the public are allowed by the constitution to attend trials even when they are not parties to the proceedings. This constitutional provision entails that the courts or tribunal must be open and accessible to members of the public as far as it can conveniently accommodate them. Though there are situations provided by the constitution when members of the public can be excluded from witnessing a trial; It should be noted that publicity of trials is one of the hallmarks of fair trial.

 

4. RIGHT TO ADEQUATE TIME AND FACILITIES TO PREPARE FOR HIS/HER DEFENSE:

Section 36 subsection (6) paragraph (b) of the Constitution makes provision for defendants accused of a crime to be given adequate time and facilities to prepare for his/her defense. The courts in several cases have interpreted adequate time and facilities to mean; adjournments to enable the defendant secures the services of a lawyer, making copies of the charge sheet, witness statements, documents and other materials of evidence by the prosecution available to the defendant so that the defendant is not prejudiced in his/her defense.

 

5. RIGHT TO A LAWYER:

Section 36 subsection (6) paragraph (C) guarantees that every person who is charged with a criminal offence is entitled to defend himself in person or through a legal practitioner of his own choice. The constitution gives to every defendant two choices of either to defend himself personally or to defend himself through a lawyer. Therefore, any law which prohibits the appearance of lawyers in any court or tribunal is unconstitutional and null. A defendant who comes to court without a lawyer has a right to be informed by the court of his right to defend himself personally or through a lawyer of his choice.

 

6. RIGHT TO AN INTERPRETER:

This right is provided for in section 38 subsection (6) paragraph (e) of the Constitution. The language of the courts in Nigeria is English language; consequently, any person who cannot understand the English language is entitled to an interpretation of the proceedings in any language he understands. Also, in any proceedings before a court or a tribunal where the language of the court is not the English language, a defendant who does not understand the language used at such proceedings is also entitled to the interpretation of the proceedings into any language he/she understands. The interpreter is to be provided by the court free of charge; the interpreter must be competent enough to interpret the language used; the interpreter must interpret everything said by the witnesses, the defendant and the court.

 

7. RIGHT TO BE SILENT:

Section 36 subsection (11) of the Constitution gives a defendant the right to remain silent and not give evidence in the course of the trial. The section provides; “No person who is tried for a criminal offence shall be compelled to give evidence at the trial.” A defendant has an option to speak in his defense or to remain silent when called upon for his defense during trial. However, when a defendant chooses to remain silent, the court may draw such inference as it thinks just from the defendant’s silence.

All these rights are safeguards provided for by section 36 of the Constitution of the Federal Republic of Nigeria 1999 to protect the right to fair hearing guaranteed every citizen, particularly defendants in criminal trials. The concept and right to fair hearing is at the very foundation of the legal system. The essential elements of the right to fair hearing are:

1. Easy access to the courts;
2. The right to be heard;

• The impartiality of the adjudicating process;

1. Timely trial;
2. Prompt delivery of judgment;
3. Adherence to the principles of Audi Alterem Partem (hear the other side) and

Nemo Judex In Causa Sua (No one should be a judge in his own case).

Access to justice and fair trial is fundamental to the administration of justice particularly in criminal trials. Access to justice and fair trial ensures the confidence of the society in the administration of justice and gives integrity to the legal system.

 

WILSON NNEJI, B.L, LLM, ACArb, ChMC.

Legal Officer CAPIO.