Constitutional Safeguards to Fair Trial

Question 1

What is right to fair hearing?

Answer 1

1. Audi alterem patem (each party must have the opportunity to be heard)
   Padawa v Jatau
2. Nemo Judex in Causa Sua (A person will not be judge in his own case

Section 36(4) CFRN

Question 2

What is the test of bias?

Answer 2

If a detached bystander will have the impression that the judge was biased

Question 3

What are the elements of fair hearing?

Answer 3

1. Trial must be within reasonable time
2. The Court/tribunal must be established by law
3. The adjudicators must be independent and impartial

Question 4

Where is the right to be presumed innocent found?

Answer 4

Section 36(5) CFRN

Question 5

What is the standard of proof in a criminal trial?

Answer 5

Beyond reasonable doubt

Court cannot order the accused to defend himself or prove his innocence

Okoro v State

Question 6

Where is the right to be informed of the crime committed found?

Answer 6

Section 36(6)(a) CFRN

Question 7

How must the accused be informed of the crimes committed?

Answer 7

In a language that he understand and promptly

Question 8

What is the effect of the failure to inform an accused of the crimes committed?

Answer 8

The trial will be vitiated

Except where he has been informed of a graver offence and is charged for a lesser version of the offence
Nwachukwu v State

Question 9

Does everyone have to be represented by a lawyer?

Answer 9

No but they have the right to counsel
Uzodinma v COP

Only those accused of a capital offence must be encouraged to be represented and they must be granted an adjournment to secure services if need be

Udo v State; Josiah v State

Question 10

Where does the right to be given adequate time and facilities to prepare for defence apply?

Answer 10

Through the trial from arraignment to the end

Question 11

What happens if an accused choses to represent himself?

Answer 11

This shall not be a ground to void the trial

Section 267(4) ACJA

Question 12

What sorts of offences can a person be tried for?

Answer 12

An offence known to law

Section 36(12) CFRN

Mere misdescription of law under which a charge was brought does not necessarily render the offence charges as one not known to law
Ogbomor v state

Question 13

Does everyone have a right to an interpreter?

Answer 13

Yes under Section 36(6)(e) CFRN every defendant is entitled to an interpreter at no extra cost but accused must inform the court that he does not understand the language of the court

Question 14

Can an accused be convicted on retroactive legislation?

Answer 14

No, the offence must exist on the day of commission 
Section 36(8) CFRN

Question 15

Can a judge impose a heavier penalty than what is prescribed by law

Answer 15

No a judge cannot do this

Bode George v FRN

Question 16

When can a plea of autre fois acquit or autre fois convict be raised?

Answer 16

Should be raised immediately after the charge is read

Section 36(9) CFRN

Question 17

What are the necessary elements for autre fois convict/acquit?

Answer 17

1. The first trial must have been on a criminal charge
2. The trial must have been beef a competent court
3. The trial must be for the same offence or offence having similar ingredients
4. The trial must have ended in a conviction or acquittal and not a mere discharge

Question 18

Can you be tried for an offence that you have been pardoned for?

Answer 18

No, a pardoned person is deemed to have never been convicted

Section 36(10)CFRN

Question 19

Can an accused be compelled to give evidence?

Answer 19

No an accused cannot be compelled

Section 180 Evidence Act

Question 20

Can the court comment on an accused’s decision to remain silent?

Answer 20

The court and prosecution can comment on the accused’s failure to give evidence and draw inferences BUT cannot suggest guilt.

Garba v State

Question 21

When does an accused not have to present at his trial?

Answer 21

Under the CPL he does not have to be present when:

1. The offence attracts a fine of N100 or 6 months imprisonment, and the accused pleads guilty in writing or through his legal practitioner where the offence is punishable by fine only
2. He misconducts himself so much so that his presence is impracticable
3. He is suspected of being unsound and the court is investigating

Under the ACJL

1. If he misconducts himself
2. Suspect of being of unsound mind

Under the ACJA

1. The offence attracts a fine of N100 or 6 months imprisonment, and the accused pleads guilty in writing or through his legal practitioner where the offence is punishable by fine only
2. He misconducts himself so much so that his presence is impracticable
3. He is suspected of being unsound and the court is investigating
4. The hearing is for an interlocutory application