THE FUNDAMENTAL RIGHTS OF A PERSON CHARGED WITH A CRIMINAL OFFENCE

The Fundamental Rights Of Person Charged With A Criminal Offence

The Nigerian Constitution has made specific provisions to guarantee fair hearing for a person charged with a criminal offence. It has, therefore, provided that every person who is charged with a criminal offence shall be entitled to the following rights:

a. The accused person must be informed promptly in the language he understands and in detail of the nature of the offence. Some policemen are in the habit of detaining first before informing their suspect of the allegations against them. This is wrong and unconstitutional. A person charged with a crime is entitled to know immediately what the allegations are against him. And, this must be done in a language he understands. The only exception is if the offender was caught in the commission of the crime, or tries to escape but apprehended after being in custody for a crime. If the suspect is charged to court, he must be informed immediately of the allegation against him and the details of the alleged offence.

b. Anybody accused of a criminal offence must be given adequate time and facilities for the preparation of his defense. It is, therefore, wrong for a suspect to be arrested and detained incommunicado without access to his lawyers or relations. He is entitled to be informed in advance that he would be charged to court and if he is still in custody, he is to be given adequate time and facilities to prepare his defense. Facilities here include opportunity to communicate with his lawyers. When he is eventually charged to court, he is entitled to be given the time to prepare his defense to the charge.

c. The accused person is entitled to defend himself in person or by legal practitioner of his own choice. This is a fundamental right which cannot be negotiated. It is wrong and unconstitutional for the police or any person for that matter to deny an accused person the right to engage a lawyer or a lawyer of his choice to defend him. If he so wishes, he is also entitled to conduct his defense in person. I must, however, warn that it is not advisable for a person charged with a criminal offence to attempt to conduct the case himself. This is because criminal cases are technical in nature, and any mistake could land the accused person in jail. So, it is always better to engage a lawyer to defend one in a criminal case.

d. An accused person is entitled to examine (ask questions from), in person or by his legal practitioners, the witnesses called by the prosecution before any court or tribunal. This is called cross-examination during trial. It means after any witness for the prosecution has given evidence during a trial, the accused person is entitled to ask questions from the witness in order to show that the witness lied or to destroy his credibility. He may ask these questions himself if he is conducting his case in person or he may do so through his legal practitioner.

e. An accused person is also entitled to obtain the attendance of any witness to testify on his behalf in the court. He is equally entitled to ask questions from such witnesses in court to establish his innocence. He must be given the same right to call and examine his witnesses on the same conditions as those applying to the witnesses called by the prosecution.

f. If an accused person is charged to court and does not understand English or the language used by that court or tribunal, he is entitled to an interpreter who is to interpret the proceedings to him. Please note that the Constitution stipulates that the accused person is entitled to such interpreter free of charge and without any payment whatsoever.
As part of the fundamental right to fair hearing, the Constitution provides that when any person is tried for any criminal offence, the court or tribunal shall keep a record of the proceedings of the trial. This is why in all cases, the Judge or Magistrate must write down everything said during the trial. An accused person who so desires is entitled to this record of proceedings. After the case has been concluded and judgment given, the accused person or his authorized representative is also entitled to obtain copies of the judgment within seven days of the conclusion of the case. This is done after the payment of the prescribed fee for obtaining the certified true copies of such judgments.