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Tag: Constitution

2019 POLLS RE-SCHEDULING: BREACH OR BALANCE OF THE LAW? (2) By Elizabeth Chinenyenwa Nwarueze

2019 POLLS RE-SCHEDULING: BREACH OR BALANCE OF THE LAW? (2) By Elizabeth Chinenyenwa Nwarueze

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…

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2019 POLLS RE-SCHEDULING: BREACH OR BALANCE OF THE LAW? By Elizabeth Chinenyenwa Nwarueze

2019 POLLS RE-SCHEDULING: BREACH OR BALANCE OF THE LAW? By Elizabeth Chinenyenwa Nwarueze

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. In a bid to keep the democratic institution in its true sense, the nation must be circumspect not to sacrifice the extant laws on…

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THE RIGHTS OF AN ACCUSED PERSON UNDER THE 1999 CONSTITUTION (3)

THE RIGHTS OF AN ACCUSED PERSON UNDER THE 1999 CONSTITUTION (3)

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…

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THE RIGHTS OF AN ACCUSED PERSON UNDER THE 1999 CONSTITUTION (2)

THE RIGHTS OF AN ACCUSED PERSON UNDER THE 1999 CONSTITUTION (2)

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.

KNOW YOUR RIGHTS: WRONGFUL ARREST

KNOW YOUR RIGHTS: WRONGFUL ARREST

How many of you watch Nollywood movies? Whether you are one who intentionally sits through the beautiful movies churned out by the country’s Film industry or you are one who stumbles upon a scene or more, one thing is glaring. It is that the mode of arrest usually being portrayed is very wrong! Come to think of it though? I am yet to see a movie scene where the Police got the arrest of a person or persons right. That…

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Not Too Young To Run By Charly Boy – Sahara Reporters

Not Too Young To Run By Charly Boy – Sahara Reporters

The big question, however, is – are the present crop of Nigerian youths qualified for leadership? To that, I say a big YES. When we talk about our youths, all focus must not be on the youths residing in Nigeria alone. Globally, many young Nigerians are doing the country proud and excelling in their different fields of endeavour.