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.
Neither the people of Nigerian nor their representatives actually wrote the supposed (1999) Constitution. Rather, the Constitution was merely imposed on the people of Nigeria by dictatorial military leaders who had their own axe to grind.
“This is because the Nigerian Police obtained the requisite order to remand him for three months pending the time thorough investigation would be completed and he would be properly arraigned in court”
“According to the Nigerian Constitution which guarantees right to personal liberty, the Police cannot, except in capital or other serious offences, detain a person beyond 48 hours in any case”.