YOUR RIGHTS TO FAIR HEARING

[Olajire Deborah]

YOUR RIGHTS TO FAIR HEARING

Under Nigerian laws, particularly Section 36 of the Constitution, the rights of every citizen is adequately protected and guaranteed, especially when it comes to criminal matters. This is called the fair hearing provisions. You must be given fair hearing and this is not negotiable.
Under the Constitution, some of the rights you are entitled to are as follows:

i. Right to personal liberty, which means nobody has the right to detain you except on the lawful orders of the court. The Police may detain a citizen but it must be for a lawful purpose, if he has committed or is suspected to have committed an offence;

ii. When arrested, you have a right to remain silent or avoid answering any question until you consult with your lawyer or any person of your choice;

iii. You have a right to be informed immediately in the language you understand why you are being arrested and/or detained;

iv. You have a right to be granted bail within 24 hours and if not granted bail, to be charged to court within 48 hours after arrest;

v. You have a right to be tried only in a legally constituted court of law or tribunal;

vi. You have a right to defend yourself or be represented by a lawyer of your choice;

vii. You have a right to be given adequate time and facilities to prepare your defense;

viii. You have a right to be given an interpreter if you do not understand the language used during the trial;

ix. You are entitled not to be tried twice for the same offence for which you had previously been tried and either sentenced or discharged and acquitted;

x. You have a right not to be tried for an offence for which you have been pardoned;

xi. You have a right not to be forced to make a statement incriminating yourself or any other person.

All the above are guaranteed rights under the 1999 Constitution. Like I stated earlier, you need to insist on these rights so that you would not be deprived of them. At the Police station, gently but confidently let the Police officers know that you are aware of what the law says and that you are ready to ensure that your rights are not infringed upon.

In most cases when you want to enforce your rights, the Police may threaten, harass, or intimidate you, laugh at you or deride you as “over-sabi” or that you will die or stay long in their detention. Please do not be moved. They are only trying to test your courage and ability to withstand their pressure. When they discover that you are not ready to yield, I can assure you that they will allow you enjoy your rights. The Police also know that these rights are guaranteed by the Constitution and that it could become a source of serious problems for them if they are breached. So they are always careful when they know that the person they are dealing with knows his/her rights and insists on them.

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