LEGAL TIPS : RIGHTS TO ENSURE FAIR TRIAL.

in #writing6 years ago (edited)


Basically, the legal safeguard to ensure fair trial of a defendant/accused person is circumscribed in CHAPTER 4, CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, Precisely under SECTION 36.
NOTE: fairness of any trial is fundamental to the administration of justice in every criminal justice system.
Irrespective of the offence committed, there are still some basic rights that are inherent to an offender, the fact that you've erred doesn't mean you're less of a human than others and should be treated with violence and inhumanely.

Such rights we must always look out for and guard against being infringed upon by law enforcement agents OR any other person includes:

  1. RIGHT TO BE INFORMED: of the nature of offence committed at the time of arrest and arraignment in court.

  2. RIGHT NOT TO BE SUBJECTED TO: any inhumane treatment, handcuff, or other forms of violence at the time of arrest except where there are some form of restraint OR violence from the offender, or if the person has been avoiding arrest for a while, when such a person is finally caught, he can be handcuffed to prevent further escape. And also if such handcuff is for the safety of the public.

  3. RIGHT TO BAIL in order to prepare adequately for his/her case in court, except where it's a capital offence, application will be made to the Judge who has the discretion to either grant bail OR not depending on the nature of the offence and the conduct of the offender. Before bail is granted, the counsel must ensure that his client will appear in court on the date scheduled for hearing in court. (BAIL IS YOUR CONSTITUTIONAL RIGHT AND OUGHT TO BE FREE WITHOUT ANY PAYMENT)

  4. RIGHT TO FAIR HEARING : at the point of arrest over a criminal charge, the offender is just an accused person and not guilty until the person is proven to be guilty by the prosecution counsel. Also where such person is found guilty, he/she is not yet a convict until the court passes it's verdict and declare it so. Where the person 's acquitted, such person can not be addressed as an ex-convict because there was no conviction in the first place.
    However, before anyone can be charged for any offence, such person has the right to be heard by the court (statement of defence). Any infringement on this right can affect the whole procedure of litigation in court in regards to such matter.

###ANTICIPATE MORE LEGAL RIGHTS###
I HOPE THIS TIPS WILL BE USEFUL TO SOMEONE.
THANKS OR READING.
FOLLOW, UPVOTE, RESTEEM AND COMMENT.

#Law

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