The Legal Dynamics Of Fair Hearing By Idayat Sanni
Ever truly wondered what fair hearing in Nigerian law means?
One of the important sections is Section 36(6) of the Nigerian Constitution which forms a crucial part of the broad guarantee of fair hearing and the rights of an accused person in criminal proceedings.
First, Section 36(6)(a) guarantees that an accused person shall be informed promptly, in the language he understands and in detail, of the nature of the offence.
This means the state must communicate the allegation clearly, without ambiguity, and in comprehensible terms.
Section 36(6)(b) provides that the accused shall be given adequate time and facilities for the preparation of their defence.
The right to legal representation is protected under Section 36(6)(c), which ensures that an accused can defend themselves in person or by legal practitioners of their own choice.
This is foundational to the adversarial system of criminal justice.
The Constitution further strengthens this right in Section 36(6)(d) by mandating that where the accused cannot afford legal representation, the state must provide one in cases where the interests of justice so require, particularly for capital offences.
Another safeguard appears in Section 36(6)(d), which grants the accused the right to examine, in person or through their legal practitioner, the witnesses called by the prosecution.
This includes the right to cross-examine and challenge the credibility or reliability of prosecution testimony. Additionally, the accused has the right to call witnesses in their own defence.
Section 36(6)(e) further guarantees the right to have the free assistance of an interpreter if the accused cannot understand the language used in court.
This provision ensures that language barriers do not become obstacles to justice.
Finally, Section 36(6) of the Nigerian constitution as well as many other sections protect the rights of an individual to fair hearing during trial.
You have an undeniable right to be heard, whether you are represented by a legal practitioner or not.
