know your rights to fair hearing(highlights)

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    Olajire Deborah
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    Points To Note:
    1) Fair hearing is the most important provision of the Constitution.

    2) Any person against whom any question relating to his civil rights and obligations is to be determined must be given the opportunity to answer and be heard on that question.

    3) All the five ingredients of fair hearing must be present.

    4) Any person charged with a criminal offence is presumed innocent by the Constitution.

    5) The Constitution has made specific rules as regards a person charged with criminal offence and those rules must be obeyed otherwise the accused person has been denied fair hearing.

    6) No person can be charged for an act which was not an offence at the time it was committed.

    7) No person who has been tried and either acquitted or convicted of an offence can be tried again for that same offence.

    8) No person who has been pardoned can be tried for that same offence.

    9) Every offence must be in a written law and must have a penalty prescribed for it before the Constitution would recognize it as an offence.

    10) No punishment heavier than the punishment prescribed at the time of the offence can be imposed.

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