What is right to fair hearing?
Section 36 Subsection (5) of the 1999 Constitution (as amended) says and I quote: “Every person who is charged with a criminal offense shall be presumed to be innocent until he is proved guilty.” This is the most important provision of the law as far as criminal cases are concerned, and it is a Constitutional guarantee.
So, if the Police arrest you for any reason whatsoever, the law presumes that you are innocent of the offense until you are proved guilty. And you can only be pronounced guilty by a court of law. Even if you were arrested at the scene of the crime or in the process of committing the crime, you are still presumed innocent. The Police must convince the court that you are indeed guilty by investigating the crime and gathering evidence.
Under Nigerian laws, particularly Section 36 of the Constitution, the rights of every citizen are adequately protected and guaranteed, especially when it comes to criminal matters. This is called the fair hearing provisions. You must be given a fair hearing, and this is not negotiable.
Right to fair hearing under the 1999 constitution
Under the Constitution, some of the rights you are entitled to are as follows:
i. Right to personal liberty, which means nobody has the right to detain you except on the lawful orders of the court. The Police may detain a citizen, but it must be for a lawful purpose if he has committed or is suspected to have committed an offense;
ii. When arrested, you have a right to remain silent or avoid answering any question until you consult with your lawyer or any person of your choice;
iii. You have a right to be informed immediately in the language you understand why you are being arrested and/or detained;
iv. You have a right to be granted bail within 24 hours and if not granted bail, to be charged to court within 48 hours after arrest;
v. You have a right to be tried only in a legally constituted court of law or tribunal;
vi. You have a right to defend yourself or be represented by a lawyer of your choice;
vii. You have a right to be given adequate time and facilities to prepare your defense;
viii. You have a right to be given an interpreter if you do not understand the language used during the trial;
ix. You are entitled not to be tried twice for the same offense for which you had previously been tried and either sentenced or discharged and acquitted;
x. You have a right not to be tried for an offense for which you have been pardoned;
xi. You have a right not to be forced to make a statement incriminating yourself or any other person.
Your Insistence
All the above are guaranteed rights under the 1999 Constitution. As I stated earlier, you need to insist on these rights so that you would not be deprived of them. At the Police station, gently but confidently let the Police officers know that you are aware of what the law says and that you are ready to ensure that your rights are not infringed upon.
In most cases when you want to enforce your rights, the Police may threaten, harass, or intimidate you, laugh at you or deride you as “over-sabi” or that you will die or stay long in their detention. Please do not be moved. They are only trying to test your courage and ability to withstand their pressure. When they discover that you are not ready to yield, I can assure you that they will allow you to enjoy your rights. The Police also know that these rights are guaranteed by the Constitution and that it could become a source of serious problems for them if they are breached. So they are always careful when they know that the person they are dealing with knows his or her rights and insists on them.
We have fully dealt with a comprehensive list of all your fundamental human rights as guaranteed by the law in one of our books titled, “Know Your Fundamental Human Rights Under Nigerian Constitution.”