Saturday, September 24, 2011

What the Police won't tell you.

This has to do with fundamental rights. Fundamental right is a right that stands above the ordinary laws of the land and which in fact is antecedent to the political society itself.

The main purpose of guarantee of these specific Fundamental Rights in our Constitution is to prevent disorder and to leave an outlet for the oppressed to seek a redress and fair play in the sanctuary and temple of justice, thereby serving as the remedy for defect of the police and those ugly things one finds in the body polity.

People it is written languish in their ignorance, because we do not know our rights, policemen take us for a ride,we are duped because we do not know our rights. This article contain rights that you should know whenever you have dealings with the police.

RIGHT TO BE INFORMED OF THE CRIME ALLEGED
This is the provision that the accused understands the charge against him. It is enacted in section 36(6)(a) of the 1999 Constitution of the Federal Republic of Nigeria (CFRN), that a person charged with a criminal offence is entitled to be informed promptly, in the language that he understands and in details, of the nature of the offence (that is, crime alleged).

RIGHT TO FAIR HEARING
The right to fair hearing is a constitutional right enshrined under section 36(1) and (4) of the 1999 CFRN. The right cannot be waived or statutorily taken away. Also, trial courts are enjoined to ensure that hearing notices are issued on parties before embarking on the trial of any matter before them.

PRESUMPTION OF INNOCENCE
In other words, an accused is presumed to be innocent until proven guilty. However, it is the duty of the prosecution who alleges that the accused person committed the offence to prove it beyond reasonable doubt.


RIGHT TO ADEQUATE TIME AND FACILITIES FOR DEFENCE
Under section 36(6)(b) of the 1999 CFRN, every person who is charged with a criminal offence is entitled to "be given adequate time and facilities for the preparation of his defence". Whether an accused has had been adequate time and facilities to prepare his defence as provided in this section is a question of fact

RIGHT TO DEFEND BY COUNSEL
This is the right of the accused person to defend himself in person or by legal practitioners of his own choice.
Section 36(6)(c) provides that a person charged with a criminal offence is entitled to defend himself in person or by legal practitioners of his own choice.

There are so many provisions in our laws that we should all know.
Ignorance is no more an excuse.
Sent from my BlackBerry® wireless handheld from Glo Mobile.

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