Rights Of The Accused: Challenges In Nigeria’s Justice System By Sobechi Obasi
In Nigeria, every citizen is guaranteed certain rights under existing laws, including those outlined in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria. These rights extend to all Nigerians, including those accused of crimes. However, it is a well-known issue that the rights of accused individuals are often violated in Nigeria. Unlawful arrests by the Nigerian Police Force are common, and there is a frequent use of violence against those who resist arrest. A culture of intimidation is prevalent, aiming to suppress citizens’ rights.
Profiling by the Nigerian Police is also widespread, leading to unlawful searches on roads, streets, and in homes. Additionally, the treatment of suspects in custody is often illegal, with individuals being held longer than permissible without bail and subjected to torture. In many cases, detainees do not receive adequate legal representation.
Many Nigerians are unaware of the legal rights available to them, and those who are aware and attempt to enforce these rights are often labeled as “troublemakers.
The administration of criminal justice is as old as humanity itself. In pre-organized societies, justice was primarily about vengeance and retaliation. With the advent of organized societies, a more regulated form of justice emerged, focusing on retaliation and retribution, leading to the development of the criminal justice system. This system deals with sentencing, treatment, and punishment for crimes.
While criminal justice systems vary across countries, they face similar challenges, such as punishment philosophies, crime definitions, and data collection on crime. In Nigeria, the justice system comprises three main elements: the police, the courts, and the prisons.
The criminal justice process in Nigeria occurs in stages. Not all arrested suspects go through the entire process. Some cases do not progress due to various reasons, and suspects who go to trial may not be convicted. Convicted individuals may receive alternative sentences, such as probation, fines, or community service, instead of prison. Even those sentenced to prison may not serve the full term.
Despite the structured criminal justice system, issues like bias, mistakes, delays, and unlawful actions persist. Justice is the intended outcome of this process, but the extent to which true justice is achieved remains questionable.
Fundamental human rights are entitlements guaranteed by law and cannot be denied by any person or government. Everyone in Nigeria, including foreigners and accused individuals, has fundamental human rights. It is the responsibility of individuals and all government levels to respect these rights.
According to Black’s Law Dictionary, an accused is the defendant in a criminal case, a more appropriate term than “prisoner” or “defendant.” It refers to a person against whom an accusation is made or who is charged with a crime or misdemeanour.
Despite the Universal Declaration of Fundamental Human Rights and the provisions in Chapter IV of the Nigerian Constitution, the practical application of these rules is far from perfect. The treatment of suspects in Nigeria is often unlawful and reckless simply because they are viewed as suspects.
Rights of the Accused
Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria outlines several inalienable rights for the accused, including:
Right to Personal Liberty contained in Section 35 which provides that every person is entitled to personal liberty unless sentenced by a court for a criminal offense. Individuals arrested or detained must be brought before a court based on reasonable suspicion or to prevent further offenses. They have the right to remain silent and consult with a legal practitioner or person of their choice. Detainees must be informed within 24 hours of the reasons for their arrest or detention, in a language they understand.
Right to Fair Hearing contained in Section 36 providing that every person is entitled to a fair hearing within a reasonable time by an independent and impartial court or tribunal. A person charged with a criminal offense is presumed innocent until proven guilty. No one shall be convicted of a crime for actions that were not offenses at the time they were committed, and no heavier penalty than that in force at the time of the offense shall be imposed. No person shall be tried again for an offense for which they have been convicted or acquitted by a competent court, except by order of a superior court.
Furthermore, the Criminal Procedure Act in Section 9 provides that anyone arrested must be taken promptly to a police station or other place for reception and informed of the charges against them. While in custody, individuals must have reasonable access to legal advice, the ability to arrange bail, and prepare their defense or release.
Within the Nigerian criminal justice system, an accused has various rights from detention through trial, sentencing, and appeal. These rights are crucial to ensuring justice and fairness in legal proceedings.
The Nigerian Constitution presumes every person is innocent until proven guilty, highlighting the importance of protecting the rights of accused individuals throughout the justice process.
These inalienable rights, also known as fundamental human rights, are intended to be protected by various statutes and laws. However, the implementation of these laws and the overall execution of justice often fall short of expectations in Nigeria. Within the Nigerian Criminal Justice System, there is frequently a gap between what the law prescribes and what occurs in practice.
A significant issue is the lack of awareness among many Nigerians regarding their rights, which contributes to the discrepancy between the theoretical provisions of the law and their practical application. This gap undermines the protection and enforcement of fundamental rights.
To create an effective criminal justice system and safeguard the rights of the accused, there must be a culture of accountability. Individuals who act arbitrarily or unlawfully should face appropriate sanctions. Additionally, it is crucial for Nigerians to be well-informed about their rights and the procedures for enforcing them. The laws designed to protect the rights of the accused must be implemented effectively to ensure justice and fairness in the legal process.
Sobechi Obasi is a first class Law graduate of Bowen University Nigeria, and writes from Abuja
