Faculty of Law

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Browsing Faculty of Law by Subject "Accused"

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    The Law and Latitude of Private Prosecution in Selected Jurisdictions: Expansions or Restrictions?
    (Law and Policy Review Published by Institute of Human Capacity Development and Continuing Education [IHCDCE] Port Harcourt., 2019-01) Akinola, Omoniyi Bukola
    The right of a private person to lay direct complaint and prosecute same in criminal trials in Nigeria is regulated by statutes. Utilizing the provisions as regards this practice in the Kwara State Administration of Criminal Justice Law, the paper proceeds on a comparative analyses with other jurisdictions in examining the rationale for this right, the adequacy or otherwise of statutory provisions as to the utilization of the right and the possible abuses of the right. Reviewing the available literature, which is essentially statutory and judicial pronouncements, the paper argues that whereas there may be expedient reasons for its inclusion in the law there is the need modify the law. The paper also advocates a strict interpretation of the law, rather than a liberal approach.
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    The Place of Natural Law and Natural Rights in the Criminal Trial of an Accused Person in Nigeria
    (Lead City University Law Journal, 2016) Nwaechefu, Hilary
    There is no doubt that an accused person has constitutional safeguards in the course of his trial under the Nigerian criminal justice. These constitutional rights are enshrined in Section 35 and 36 of the Constitution of the Federal Republic of Nigeria 1999. Such rights include, the right to be informed promptly in the language that he understands, the details and nature of offence of the accused, the fight to be given adequate time to prepare his defence, the right to defend himself in person or by legal practitioner of his own choice, the right to be presumed innocent until he is proved guilty and the right not to be charged for an unwritten offence. All these rights are aimed at ensuring that an accused person is not unjustly dealt with. Also, the relevant provisions in the Administration of Criminal Justice Act 2015 and the Child Right Act 2003 shed more light on the rights of an accused person in criminal trials. The paper is channeled towards making sure that Nigerians are fully informed/ aware of the place of natural law and natural right of the accused person in criminal proceeding and how it could be enforced. This paper will not seek to look at the rights, generally, but specifically the right of an accused person vis-a-vis the relevant statutory provisions. The paper concludes by pointing out lapses inherent in the Nigeria criminal jurisprudence.