A fair trial is a cornerstone of justice, ensuring that individuals accused of crimes receive impartial and equitable treatment under the law. The Nigerian Constitution and other statutory laws provide several safeguards to uphold this principle. Below are the key constitutional protections designed to ensure fairness in criminal trials.
1. Right to Be Informed of the Charge
The right to be informed of the charge is a fundamental safeguard provided under Section 36(6)(a) of the Constitution and various Criminal Procedure Laws, including the CPL, CPCL, ACJL, and ACJA. An accused person must be promptly informed of the charges in a language they understand. If necessary, an interpreter must be provided free of charge. A well-drafted charge is generally sufficient, as established in Okeke v State, where the court ruled that a literate accused person does not require an interpreter if the charge is in English. However, there are exceptions, such as in Nwachukwu v State, where a conviction for a lesser offense than originally charged was permitted. A breach of this right can nullify the trial, as seen in Yahaya v State.
2. Right to Fair Hearing
The right to a fair hearing is enshrined in Section 36(4) of the Constitution. This principle is anchored on two key doctrines: Nemo judex in causa sua (no one should judge their own case) and Audi alteram partem (both sides must be heard). Bias is determined from the perspective of a reasonable bystander, as noted in Azokwu v Nwokanma. The case of Garba v University of Maiduguri established that bias exists if the adjudicator has a personal interest in the case. Similarly, Odessah v FRN emphasized that courts must not rule on issues without hearing both parties. A party may, however, waive this right if they refuse to participate in proceedings, as seen in NBA v Akintokun.
3. Presumption of Innocence
Presumption of innocence is a crucial element of fair trials and is guaranteed under Section 36(5) of the Constitution and Section 135 of the Evidence Act. The prosecution bears the burden of proving guilt beyond a reasonable doubt. Denying bail based on public opinion is considered a violation of this right, as highlighted in Olawoye v COP. However, the accused may bear the burden of proof for specific defenses, such as insanity, under Section 139(3)(c) of the Evidence Act.
4. Right to Adequate Time and Facilities
The right to adequate time and facilities for defense preparation is provided under Section 36(6)(b) of the Constitution. Courts must allow reasonable adjournments, particularly in capital cases, to enable proper defense preparation, as held in Udo v State. The accused must also have access to witness statements and other evidence, a right upheld in Gokpa v IGP. However, courts may refuse adjournments deemed frivolous, as stated in Shemfe v State.
5. Right to Legal Representation
The right to legal representation is protected under Section 36(6)(c) of the Constitution and Sections 247 and 349 of the ACJA. Legal representation is mandatory in capital cases, as established in Josiah v State. If an accused person cannot afford a lawyer, the state is obligated to provide free legal aid. However, legal representation must meet certain standards, such as compliance with immigration regulations, as discussed in Awolowo v Usman Sariki.
6. Right to Trial for Offenses Known to Law
Another essential safeguard is the right to trial for offenses known to law, enshrined in Section 36(12) of the Constitution. This provision ensures that no one can be tried for an offense that is not defined by law. In Aoko v Fagbemi, the court ruled that a person cannot be convicted of a customary offense unless codified by statute. Similarly, in Olieh v FRN, the court held that charges must be framed in legally defined terms.
7. Right to Silence
The right to silence, provided under Section 36(11) of the Constitution and Section 180 of the Evidence Act, protects an accused person from being compelled to testify against themselves. Silence does not automatically imply guilt, though inferences may be drawn from it, as in Sugh v State. This right applies only after arraignment, and in cases where an accused remains mute, the court may order a sanity check.
8. Protection Against Double Jeopardy
Protection against double jeopardy is guaranteed under Section 36(9) of the Constitution. This means that no one can be tried twice for the same offense if they have already been acquitted or convicted, as seen in Nafiu Rabiu v State. However, retrials may be ordered by superior courts in certain circumstances.
9. Prohibition of Retroactive Laws
The prohibition of retroactive laws is another key safeguard, found in Section 36(8) of the Constitution. This principle prevents individuals from being convicted for acts that were legal at the time they were committed, as affirmed in Egunjobi v FRN.
10. Right to Examine Witnesses
The right to examine witnesses is fundamental to a fair trial and is protected under Section 36(6)(d) of the Constitution. This includes the right to cross-examine prosecution witnesses, as affirmed in Tulu v Bauchi Native Authority.
11. Right to an Interpreter
The right to an interpreter is guaranteed under Section 36(6)(e) of the Constitution. If an accused person does not understand English, they are entitled to a free and competent interpreter, as held in Ajayi v Zaria Native Authority. However, this right must be invoked in a timely manner, as seen in Udosem v State.
12. Publicity of Trials
Finally, the publicity of trials is mandated under Sections 36(3) and (4) of the Constitution. This ensures that trials are conducted in open court, except in cases involving security concerns, minors, or morality issues, as upheld in Tokunbo v FRN.
Conclusion
These constitutional safeguards ensure fairness, transparency, and justice in Nigeria’s criminal justice system. Violations of these rights, such as denying legal representation or an interpreter, can render proceedings null and void. While exceptions exist for reasons such as public safety and statutory provisions, courts are generally guided by the principle that justice must not only be done but must be seen to be done.