CONSTITUTIONAL SAFEGUARDS

Question 1

What is SECTION 36(3) CFRN?

Answer 1

Right to be tried in public
Exceptions-
1. Juvenile
2. Public safety, order & morality
3. Where the statute provides that the trial shouldn’t be held publicly
4. special circumstances to protect the private lives of the parties to the proceedings
OVIASU V OVIASU reasonable ingress & engress.

Question 2

What is SEC 36(4) CFRN?

Answer 2

RIGHT TO SPEEDY TRIAL-OKEKE V STATE

Question 3

What is SEC 36(4) of CFRN?

Answer 3

Right to Fair Hearing.
1.AUDI ALTERM PARTEM- R v UNI OF CAMBRIDGE, AJIBAYE V AJIBAYE.
2.NEMO JUDEX IN CAUSA SUA-Garba v UNI OF MAIDUGURI

Fair hearing can be raised at anytime-even on APPEAL!
REASONABLE MAN TEST.

Question 4

What happens where a party fails to use the opportunity of fair hearing?

Answer 4

An accused person who failed to use the opportunity cannot complain on appeal.-SULE V EKENE
The defendant must not be heard at all cost.

Question 5

What is SEC 36(5) CFRN?

Answer 5

Presumption of innocence-OKORO V STATE
-LEGAL BURDEN:Always in the prosecution, doesn’t shift
-EVIDENTIAL BURDEN:Shifts from the prosecution to the defendant i.e insanity & intoxication-SEC 139(3)(C) EA

Question 6

What is Section 36(6)a of CFRN?

Answer 6

Right to be informed promptly in the language he understands in detail, of the nature of the offence-IBRAHIM V STATE
EXCEPTIONS
1. May be convicted for a lesser offence-MAJA V STATE
2. an accused can be convicted of another offence by which he was not charged based on the evidence disclosed at trial. ODEH V FRN

Question 7

What is Section 36(6)(b) CFRN?

Answer 7

RIGHT TO ADEQUATE TIME AND FACILITIES TO PREPARE FOR TRIAL-OKOYE V STATE

Question 8

What are the conditions that must be fulfilled before an adjournment can be granted?

Answer 8

1. Reason for adjournment
2. Material Witness
3. Absence of negligence
4. Availability

Question 9

How many adjournment is a defendant entitled to?

Answer 9

5 adjournments, may be more subject to the discretion of the judge.
14 days intervals.

Question 10

What happens when a person is charged for capital offence and such person’s counsel is absent?

Answer 10

In the trial of capital offence, the court must adjourn once accused counsel is not in court. UDO V STATE

Question 11

What is section 36(6)c of CFRN?

Answer 11

Right to counsel of choice!

Where the accused is brought before the court without representation, the court must inform him that he has a right to be represented by a counsel. Such rights are not waivable

Question 12

What is section 36(6)d of the CFRN?

Answer 12

EXAMINATION OF PROSECUTION WITNESSES-TULU V BAUCHI

The order of examination of witnesses. See 216 and 217 EA 2011

Question 13

What is section 36(6)e of the CFRN?

Answer 13

Right to an interpreter-MADU V STATE

OLANIPEKUN V STATE-The language of the court was also held to be pidgin.
THE COUNSEL CANNOT INTERPRET TO HIS CLIENT, THE ACCUSED.

Question 14

What is section 36(8) of the CFRN?

Answer 14

Right against trial against retroactive legislation.
Chief Bode George v. FRN

Question 15

What is section 36(9) & (10) of the CFRN?

Answer 15

RIGHT TO ONE TRIAL ONLY FOR AN OFFENCE

1. Autre Fois Acquit & Convict-BAR PLEA
2. Pardon by the president(S 175 CFRN) or governor(**S 212 CFRN)

Question 16

What are the Conditions that must exist before a defendant can rely on Autre Fois Acquit or Convict?

Answer 16

1. It was before a court of competent jurisdiction
2. The defendant was either acquitted or convicted
3. It must have been a criminal offense, not civil.
4. The elements of the offense are the same or similar in nature.
   R V JINADU

Question 17

What is the effect of pardon on an accused person?

Answer 17

The effect of pardon granted to a convicted person is that it approbates the incident of conviction and it is deemed that the beneficiary has never committed an offence.
The accused person needs to provide CERTIFICATE OF PARDON

Question 18

What is SECTION 36(11) of CFRN?

Answer 18

Right to silence

Question 19

What happens when an accused person remains silent?

Answer 19

Where an accused remains silent, the law forbids the prosecutor or court from submitting that the silence amounts to an admission of guilt but the prosecutor may comment but the comment should not suggest that the accused failed to give evidence because he is guilty of the offence charged
S 181 EA

Question 20

What is Section 36(12) of the CFRN?

Answer 20

OFFENCE MUST BE KNOWN TO LAW
SEE Aoko v. Fagbemi