CONCEPT OF FAIR HEARING

The administration of justice system in Nigeria is so faulty that an accused person is often times seen as been guilty even before the pronouncement of judgement by court of competent jurisdiction. This is not unknown in our society, accused person(s) are most times denied access to lawyers, given fair hearing, informed of the crime committed to mention a few.

We shall be discussing the rights of an accused person(s) in criminal trial and what the law considers to be fair hearing under the constitution.

Section 36(5) of the CFRN every person is presumed innocent until he is proved guilty, provided that anything in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts.

Right to fair hearing: section 36(1) of the 1999 constitution states that a person shall be entitled to fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality, this principle of fair hearing is based on the latin maxim or audi autarem patem, that is, the other party must be heard and nemo judex in causa sua meaning that a person shall not be a judge in his own case.

Information of the crime committed: it is a constitutional right of an accused person to be adequately informed of the crime committed and this must be done in the language the person understands, where the person does not understand the language of law which is English, an interpreter must be considered, this was the decision of the court in MAJA V. STATE (1980)1 NCR

Time and facility: any person who is in charge with a criminal offence shall be given adequate time and facilities for the preparation of his defence, the court shall grant the accused time to prepare his defence or call witnesses. UDO V. STATE

Right of defence: section 36(c) every person who is charged with criminal offence shall be entitled to defend himself in person or by legal practitioner of his choice Awolowo v. Usman sarki

Offence must be known to law: a person shall not be convicted of an offence that is unknown to law, offence must be defined and the penalty therefore is prescribed in a written law e.g an act of the national Assembly or state.

Right to silence: section 36(11) an accused person may decide not to say anything and such an accused shall not be compelled to give evidence at his trial. Section 160 (b)(c) protects the right of an accused in this regard.

Publicity of trial: an accused person in criminal trial shall unless the charge is withdrawn be entitled to a fair hearing in public within a reasonable time by a court or tribunal but where the accused person is a juvenile ,the court or tribunal may exclude from its proceedings in the interest of defence, public safety, public

Thank you

 

Oyenike Alliyu-Adebiyi LLB(hons)BL