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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.

Bail is Free?

Bail is Free?

“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”.