CONSTITUTIONAL SAFEGUARDS Flashcards
What is SECTION 36(3) CFRN?
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.
What is SEC 36(4) CFRN?
RIGHT TO SPEEDY TRIAL-OKEKE V STATE
What is SEC 36(4) of CFRN?
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.
What happens where a party fails to use the opportunity of fair hearing?
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.
What is SEC 36(5) CFRN?
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
What is Section 36(6)a of CFRN?
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
What is Section 36(6)(b) CFRN?
RIGHT TO ADEQUATE TIME AND FACILITIES TO PREPARE FOR TRIAL-OKOYE V STATE
What are the conditions that must be fulfilled before an adjournment can be granted?
- Reason for adjournment
- Material Witness
- Absence of negligence
- Availability
How many adjournment is a defendant entitled to?
5 adjournments, may be more subject to the discretion of the judge.
14 days intervals.
What happens when a person is charged for capital offence and such person’s counsel is absent?
In the trial of capital offence, the court must adjourn once accused counsel is not in court. UDO V STATE
What is section 36(6)c of CFRN?
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
What is section 36(6)d of the CFRN?
EXAMINATION OF PROSECUTION WITNESSES-TULU V BAUCHI
The order of examination of witnesses. See 216 and 217 EA 2011
What is section 36(6)e of the CFRN?
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.
What is section 36(8) of the CFRN?
Right against trial against retroactive legislation.
Chief Bode George v. FRN
What is section 36(9) & (10) of the CFRN?
RIGHT TO ONE TRIAL ONLY FOR AN OFFENCE
- Autre Fois Acquit & Convict-BAR PLEA
- Pardon by the president(S 175 CFRN) or governor(**S 212 CFRN)
What are the Conditions that must exist before a defendant can rely on Autre Fois Acquit or Convict?
- It was before a court of competent jurisdiction
- The defendant was either acquitted or convicted
- It must have been a criminal offense, not civil.
- The elements of the offense are the same or similar in nature.
R V JINADU
What is the effect of pardon on an accused person?
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
What is SECTION 36(11) of CFRN?
Right to silence
What happens when an accused person remains silent?
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
What is Section 36(12) of the CFRN?
OFFENCE MUST BE KNOWN TO LAW
SEE Aoko v. Fagbemi
