The Right of an Accused Person Under the Nigerian Legal System

1.1 Introduction

An accused person is an individual who has been formally charged with a criminal offense and is awaiting trial or legal proceedings to determine their guilt or innocence¹. Under the Nigerian legal system, the rights of an accused person are protected by various legal provisions, ensuring that justice is administered fairly and without bias. The Nigerian Constitution, particularly in Chapter IV, guarantees several rights to accused persons, including the right to fair hearing, legal representation, presumption of innocence, and protection against torture and inhumane treatment. Additionally, international human rights treaties, such as the Universal Declaration of Human Rights (UDHR) and the African Charter on Human and Peoples' Rights, reinforce these protections and obligate Nigeria to uphold them.

This chapter will address the background information that motivated this study, the challenges that prompted it, its aim, and its objectives as a preface to subsequent sections of the study. Additional factors include the study's significance, scope, limitations, research questions and hypotheses, and the definition of technical terms.

1.2 Background of Study

The history of the right of an accused person under the Nigerian legal system is deeply rooted in the evolution of the country's legal framework, which has been influenced by indigenous customary laws, Islamic law, and the English common law system introduced during the colonial era. Before the advent of colonial rule, various ethnic groups in Nigeria had their own customary legal systems that governed criminal justice. In many traditional societies, justice was primarily administered through customary courts, where accused persons were subjected to community-based trials. While some customary laws provided for fair hearings, others lacked standardized procedures, leading to arbitrary punishments⁷.

With the advent of colonialism in the 19th century, the British legal system was gradually imposed on Nigeria. The introduction of English common law principles led to significant changes in the administration of justice. The Supreme Court Ordinance of 1876 marked a turning point, as it established formal courts that applied British legal principles, including procedural rights for accused persons, such as the right to legal representation and fair hearing⁸. This development laid the foundation for modern criminal justice administration in Nigeria.

Following Nigeria's independence in 1960, the country adopted a constitutional framework that reinforced the protection of the rights of accused persons. The 1963 Republican Constitution incorporated provisions ensuring fair trials, presumption of innocence, and protection against arbitrary detention⁹. These rights were further strengthened in subsequent constitutions, particularly the 1979 and 1999 Constitutions, which explicitly enshrined fundamental human rights. Section 36 of the 1999 Constitution, as amended, provides a comprehensive legal framework guaranteeing the right to a fair hearing, legal representation, and protection against self-incrimination¹⁰.

The right of an accused person is a fundamental aspect of any democratic legal system, ensuring that individuals charged with crimes are treated fairly and justly throughout the judicial process. In Nigeria, these rights are enshrined in various legal instruments, primarily the 1999 Constitution, which guarantees fair hearing, presumption of innocence, legal representation, and protection from inhumane treatment¹. These provisions align with international human rights standards, as Nigeria is a signatory to treaties such as the Universal Declaration of Human Rights (UDHR) and the African Charter on Human and Peoples' Rights, both of which emphasize the protection of individuals accused of crimes².

Historically, the Nigerian legal system evolved from a combination of customary laws, Islamic laws in the northern regions, and the received English legal system during the colonial era. The adoption of a constitutionally backed legal framework provided a structured system of justice, ensuring that individuals accused of crimes have certain inalienable rights. Despite these legal provisions, however, the implementation of these rights has faced significant challenges, including police brutality, prolonged pretrial detention, and lack of access to legal aid³. One of the key concerns in the Nigerian criminal justice system is the issue of delayed justice, where accused persons often remain in detention for extended periods without trial. This is largely due to inefficiencies in the judicial process, poor case management, and inadequate legal representation, particularly for indigent defendants⁴.

The problem of prison congestion further compounds these issues, as a large percentage of inmates in Nigerian correctional facilities are pretrial detainees who have not been convicted of any crime⁵. Furthermore, media influence and public perception sometimes impact the fair trial process, with high-profile cases often leading to public trials even before the courts deliver a verdict. This external pressure on the judiciary raises concerns about the impartiality of legal proceedings and the extent to which an accused person's rights are truly protected in practice⁶.

1.3 Statement of Problems

Investigation revealed that many accused persons remain in custody for years without trial due to inefficiencies in the judicial system, congested court dockets, and bureaucratic bottlenecks¹. The slow pace of legal proceedings not only infringes on the right to a speedy trial but also contributes to prison overcrowding, leading to inhumane conditions for detainees². Also, police brutality and human rights violations against accused persons are also significant concerns. Reports of torture, forced confessions, and extrajudicial killings by law enforcement agencies persist despite legal provisions prohibiting such acts³. Many accused persons, particularly those from disadvantaged backgrounds, lack the financial means to seek redress or legal representation, making them more susceptible to abuse⁴.

Furthermore, there is a growing concern over media trials and public perception influencing the fairness of judicial proceedings. The portrayal of accused persons in the media, especially in high-profile cases, is sometimes biased, leading to prejudicial opinions that affect judicial outcomes⁷. In some cases, public sentiment exerts pressure on the judiciary, raising questions about the impartiality of trials and the presumption of innocence⁸.

Corruption within the criminal justice system also remains a major problem. Reports of judicial officers, law enforcement agents, and prosecutors engaging in bribery and favoritism undermine the credibility of legal proceedings⁹. This situation disproportionately affects accused persons who lack financial resources, as justice is sometimes perceived to favor those with wealth and influence. In addition, frequent power failures, inadequate court infrastructure, and inefficient case management systems contribute to delays in the administration of justice¹⁰. These infrastructural challenges hinder the swift dispensation of justice and prolong the suffering of accused persons who await trial. While Nigeria has made some legislative efforts to address these challenges, such as the enactment of the Administration of Criminal Justice Act (ACJA) in 2015, enforcement remains a significant issue. The legal system is still plagued by institutional weaknesses that hinder the full realization of the rights of accused persons, making justice seem more theoretical than practical¹¹.

1.4 Aim and Objectives of Study

The aim of this study is to examine the rights of an accused person under the Nigerian legal system, assess the extent to which these rights are protected, and identify challenges that hinder their effective enforcement. The specific objectives are stated as follows:

1. To analyze the constitutional and legal provisions that guarantee the rights of an accused person in Nigeria.
2. To examine the extent to which these rights are enforced in the Nigerian criminal justice system.
3. To identify challenges faced by accused persons in securing fair treatment and due process.
4. To evaluate the role of law enforcement agencies, judiciary, and legal aid organizations in protecting the rights of accused persons.
5. To assess the impact of judicial decisions and international human rights instruments on the rights of accused persons in Nigeria.
6. To propose legal and institutional reforms that will enhance the protection of accused persons' rights in Nigeria.

1.5 Significance of Study

The study will serve as a resource for policymakers, legal practitioners, and human rights advocates by offering recommendations for strengthening the protection of accused persons. It will help in shaping legal reforms aimed at ensuring fair trial rights, reducing pretrial detention, and improving access to justice.

For the judiciary, the study will provide an assessment of how judicial decisions impact the rights of accused persons, fostering a justice system that prioritizes fairness and due process. Legal aid organizations will also find the study useful in advocating for better legal representation and support for indigent accused persons.

Furthermore, Human rights organizations will find the study useful in advocating for stronger legal protections for accused persons. It will provide evidence to support campaigns against unlawful detention, torture, and other human rights abuses within the criminal justice system.

Lastly, law enforcement agencies will benefit from the study by gaining a clearer perspective on the need to uphold human rights standards in criminal investigations and judicial proceedings. It will encourage better training and accountability measures that align with constitutional and international legal frameworks. Academically, the study will serve as a reference for future research on criminal justice reforms, human rights, and legal protections for vulnerable individuals within the justice system.

1.6 Scope of Study

This study will focus on the rights of an accused person under the Nigerian legal system, with specific reference to Lagos State. The research will also examine the role of organizations such as the Legal Aid Council of Nigeria and human rights advocacy groups in ensuring access to justice for accused persons. It will analyze the challenges faced by accused persons in securing fair treatment and identify possible reforms that can strengthen the protection of their rights.

1.7 Limitations of the Study

This research study was limited by several factors that affected the depth and scope of its findings.

1. One of the key limitations was the availability of accurate and up-to-date data on the enforcement of accused persons' rights within the Nigerian legal system. Access to official records from law enforcement agencies and the judiciary was restricted, making it difficult to obtain firsthand information on case proceedings and human rights violations.
2. The study was also limited to Lagos State, which, while representative of Nigeria's legal system, did not fully capture the variations in the enforcement of accused persons' rights across other states. Differences in legal practices, judicial efficiency, and law enforcement behavior across various regions of Nigeria were not extensively covered.
3. Financial limitations also restricted the ability to conduct wider field research, including visits to multiple correctional facilities and courts outside Lagos State.
4. Additionally, time constraints prevented a more in-depth exploration of long-term trends in the protection of accused persons' rights. A longer research period would have enabled a more extensive case analysis and comparative study across different states in Nigeria.

1.8 Definition of Terms

Accused Person: An accused person refers to an individual who has been formally charged with committing a criminal offense but has not yet been proven guilty by a court of law. In the Nigerian legal system, an accused person is presumed innocent until proven guilty beyond a reasonable doubt, as guaranteed by Section 36(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).¹

Legal System: A legal system is the framework of laws, rules, and institutions that govern how justice is administered within a country. In Nigeria, the legal system is a blend of statutory laws, common law principles, customary laws, and Islamic law, depending on the jurisdiction and nature of the case.²

Right to Fair Hearing: This refers to the legal and constitutional guarantee that an accused person must be given an equal opportunity to present their case before an impartial judge or tribunal. This right is enshrined in Section 36(1) of the Nigerian Constitution, ensuring that no one is convicted without being heard in a court of competent jurisdiction.³