The Impact of the Doctrine of Presumption of Innocence on Criminal Prosecution in Nigeria.
| dc.contributor.author | Koni, Ifeolu John | |
| dc.date.accessioned | 2022-05-05T13:21:47Z | |
| dc.date.available | 2022-05-05T13:21:47Z | |
| dc.date.issued | 2018-12 | |
| dc.description.abstract | One prominent feature of the criminal jurisprudence that Britain bequeathed to Nigeria and many other former British colonies in Africa is the doctrine of presumption of innocence. In Nigeria, this principle is treated as a fundamental right and is embodied in section 36(5) of the 1999 Constitution (as amended). This article examines the impact of this principle on criminal prosecution in the country. It finds that some major players in the justice sector, like lawyers, judges and prosecuting agencies, have been misusing this doctrine to frustrate the trials of prominent suspects, especially high ranking political office holders, trial of crimes bordering on corruption and abuse of power. There is apparently a serious discontent among the citizenry with the impact of law in the fight against crime. The author posits that the ongoing reforms in the justice sector may not achieve much dividend unless and until there is a corresponding reform of the law itself. He implores the Nigerian Law Commission to immediately set up a committee to look into ways of initiating a review of the country’s criminal law to achieve a balance between the rights of an accused person and the interests of the larger community. | en_US |
| dc.description.sponsorship | East African Journal of Peace and Human Rights (EAJPHR), School of Law, Makerere University, Uganda. | en_US |
| dc.identifier.uri | http://dspace.run.edu.ng:8080/jspui/handle/123456789/2695 | |
| dc.language.iso | en | en_US |
| dc.publisher | East African Journal of Peace and Human Rights (EAJPHR), School of Law, Makerere University, Uganda. | en_US |
| dc.relation.ispartofseries | Vol 24, No. 2;(203-221). | |
| dc.subject | Doctrine | en_US |
| dc.subject | Criminal | en_US |
| dc.subject | Prosecution | en_US |
| dc.subject | Innocence | en_US |
| dc.subject | Presumption | en_US |
| dc.subject | Impact | en_US |
| dc.title | The Impact of the Doctrine of Presumption of Innocence on Criminal Prosecution in Nigeria. | en_US |
| dc.type | Article | en_US |