Cited in the case of Chief Anike Nwoga v National Assembly & 3 Ors. SUIT NO. FHC/EN/CS/28/2018 ABSTRACT: It is the law, that every democratic nation is marked by constant and periodical change of government. Within the exercise of this very important feature of a democracy, a number of constitutional issues may come up for analysis. Elizabeth Chinenyenwa Nwarueze In a bid to keep the democratic institution in its true sense, the nation must be circumspect not to sacrifice the…
SEQUEL TO PART ONE AND TWO. 5. Right to Defend Himself Personally or by Legal Practitioner of Choice Most persons do not even know that they have a constitutional right to defend themselves personally, in any civil or criminal matter. Section 36(6)(c) of the Constitution entitles an accused person to defend himself in person or by legal practitioners of his own choice. This means that the defendant could elect to be his own lawyer throughout the trial. In more developed…
Background The Open Society Foundations Justice Initiative is pleased to invite applications for its 2019-2020 Aryeh Neier Fellowship Program. The Justice Initiative, an operational program of Open Society, uses litigation and other forms of legal advocacy to empower people, defend the rule of law, and advance human rights. Through litigation, advocacy, research, and technical assistance, the organization promotes and defends accountability for international crimes, combat racial discrimination and statelessness, support criminal justice reform, challenge abuses related to national security and…
Continued From the previous post.
2. Right to be Presumed Innocent
Section 36(5) of the 1999 Constitution provides clearly that an accused person is at all times presumed innocent until he is proven guilty. This means that there is no duty on the accused or defendant to prove his innocence as the law already presumes him to be guiltless unless and until he is proven otherwise. The prosecution therefore has a duty of proving the guilt of the accused or defendant beyond reasonable doubt.
This comes up for consideration in a scenario such as this: Where he keeps beating his wife. She feels wronged but thinks there is nothing one can do about it.
Here is something, such a man can be sued successfully for the offence of assault.
If you are in an abusive relationship and you do not do something about it, you are endangering yourself. Violent behavior towards one another is wrong no matter who does it and family members are not exempted!
In very simple words, an accused is any person who has been charged with a criminal offence either by the Attorney General of the Federation or State; the Inspector General of Police; Commissioner of Police; the Economic and Financial Crimes Commission; National Drug Law Enforcement Agency or any other law enforcement agency. The Administration of Criminal Justice Act 2015 (hereinafter called “the ACJA”) refers to an accused person as a Defendant. Thus, using the word Accused or Defendant refers to one and the same thing.