A suspect is entitled to some rights and adequate protections under the law. These rights such as... more A suspect is entitled to some rights and adequate protections under the law. These rights such as, the right to personal liberty, fair hearing, and presumption of innocence amongst others, are enshrined in the 1999 Constitutions of the Federal Republic of Nigeria. Hence, the Court of law, Law Enforcement Agencies of Government and other authorities or persons involved in the administration of criminal justice are duty bound to uphold those rights. To remand a criminal defendant/suspect is to detain him pending further actions or legal advice from the Office of the Attorney-General or the Director of Public Prosecution (DPP) as the case may be. The Magistrates' Court is imbued with power to order the detention of a criminal defendant/suspect in certain circumstances, particularly in those criminal matters for which the Magistrates' Court has no jurisdiction to try. Nevertheless, the rule of ex parte application entails a one-sided adjudicatory process where only one party is heard. This paper, entitled, "Magistrates' Court's Power to Remand a Suspect Through Ex Parte Application: A Critical Analysis." examines the propriety or otherwise of the Akwa Ibom State Magistrates' Court's power to order remand of a suspect without charge via an ex parte application, brought pursuant to Section 292 of the new Akwa Ibom State ACJL 2022. The research methodology is analytical. The paper reveals that, the said provision of the law which empowers the arrest and detention of a suspect without charge for a period of 21 days and a further two options of 21 days extension each, seems not to be in tandem with the provisions of the Constitution in respect to a suspect's constitutional rights to personal liberty, fair hearing and right to presumption of innocence, amongst others. The paper proffers some recommendations including, the need to expunge the said provision therefrom in order to curtail the abuse of fundamental rights of the citizens.
The constitution of any country under democratic rule is deemed as the source of power, strength,... more The constitution of any country under democratic rule is deemed as the source of power, strength, and authority of the people. It is often referred to as the "grundnorm," which binds all and holds a preeminent position in every aspect of governance, surpassing all other authorities, individuals, and institutions. Its preamble underscores the fact that it emanates from the same people whose actions and inactions it is designed to regulate. This paper, entitled "The Bastardisation of Constitutional Supremacy by Disobedience to Court Orders and the Rule of Law in Nigeria," examines the imperative of upholding the supremacy of the constitution and the rule of law by obeying lawful court orders. The research methodology employed is analytical. The paper reveals that in Nigeria, disobedience to court orders is predominantly perpetuated by the executive branch of government. It also explains why the judiciary frequently struggles to enforce its orders due to the control exerted by government over enforcement agencies. Consequently, the work presents several recommendations, including the necessity for judicial reform that would empower the Judiciary with its own dedicated law enforcement agency.
A person arrested either on suspicion of having committed an offence or caught in the act, is ent... more A person arrested either on suspicion of having committed an offence or caught in the act, is entitled to be presumed innocent until the contrary is proved. Presumption of innocence is a well-established legal principle in criminal justice administration, which dictates that the burden of proving guilt rests on the person who asserts. This precedent was laid down in the locus classicus case of Woolmington v DPP, and is recognised internationally as a fundamental human right under the UN's Universal Declaration of Human Rights (Article 11). Correspondingly, it is guaranteed in the 1999 Constitution of the Federal Republic of Nigeria (as amended). The right to bail is a direct offshoot of a person's constitutional right to personal liberty. Similarly, the right to fair hearing is an adjunct to the principle of presumption of innocence. The thrust of this paper titled, "Right to Presumption of Innocence: Exploring the Interplay Between Rights to Fair Trial, Personal Liberty and Bail in the Nigeria." seeks to harness the interconnectedness of these rights in relation to where the defendant's right to presumption of innocence begins and is extinguished. The research method employed is analytical. Findings indicates that though right to presumption of innocence endures throughout the trial, and is extinguished once a defendant is convicted and sentenced. Nevertheless, it thus appears to be reactivated once the appeal is allowed or when post-conviction bail is granted. It is recommended amongst other things, that where a criminal defendant has been convicted and sentenced, but has applied for a stay of execution pending appeal and subsequently granted post-conviction bail; his right to the presumption of innocence should be deemed to have been reactivated and remains in effect, rather than being extinguished.
As a legal phenomenon, the plea of Allocutus is enshrined in the criminal procedures of every cri... more As a legal phenomenon, the plea of Allocutus is enshrined in the criminal procedures of every criminal justice system. Most countries hold it as an absolute right of the convict which the trial court cannot overlook. In Nigeria, the plea of Allocutus is not absolute but rarely goes unobserved in any criminal proceeding. Allocutus is an opportunity given to the criminal defendant convicted of a certain crime to say something in mitigation of punishment before sentence is passed on him and is not an act of kindness on the part of the court but a part of criminal processes that ought to be performed after conviction before sentencing. Most criminal defendants see this process as their last opportunity for mitigation of sentence. This paper therefore examines the legality and the effects of Allocutus in sentencing. And reveals that the plea of allocutus is often abused by the court due to personal inclinations of a particular judge involved. The paper also makes some recommendations which include the need for the court to be wary of the cardinal purpose of criminal law which is punishment and its objectives in line with sections 311 and 401 of ACJA, amongst others. The method of the research is analytical with resources garnered from texts, law reports and internet.
In every sovereign state with a functional judicial system the court of law is regarded as an ump... more In every sovereign state with a functional judicial system the court of law is regarded as an umpire, saddling with enormous sole responsibility to adjudicate disputes and administer justice. Thus, there is always a question of law and fact for the court to decide before arriving at its judgement. By the nature of its duties, court wills enormous discretionary power in deciding appropriate judgement or quantum of punishment as the case may be. This paper however, is concerned with sentencing discretion of court with regard to criminal justice system and striven to answer the questions of what is sentencing discretion and/or whether this discretionary power is completely unfettered. If not, are they any controls of sentencing discretion? Hence, the paper takes a look at the statutory control, the judicial and the control by the NJC. Again, sentencing as a necessary phenomenon in any criminal justice sector is said to be the decree of punishment which forms the final overt act of a judge-ruled process or the emblematic prime act connected to his function in the administration of criminal justice; In this work, two types of sentencing, the discretionary and the mandatory sentencing are titivated against the matrix of each other, in order to establish, if any, the scope and dimensions of judicial discretion in their applications. Also, though legislation is generally established which provide judges and magistrates with substantial amount of discretionary powers in sentencing matters, it also provides sentencing principles or objectives and factors to be taken into consideration before sentencing. These objectives are also examined in the light of the Administration of Criminal Justice Act 2015.
A suspect is entitled to some rights and adequate protections under the law. These rights such as... more A suspect is entitled to some rights and adequate protections under the law. These rights such as, the right to personal liberty, fair hearing, and presumption of innocence amongst others, are enshrined in the 1999 Constitutions of the Federal Republic of Nigeria. Hence, the Court of law, Law Enforcement Agencies of Government and other authorities or persons involved in the administration of criminal justice are duty bound to uphold those rights. To remand a criminal defendant/suspect is to detain him pending further actions or legal advice from the Office of the Attorney-General or the Director of Public Prosecution (DPP) as the case may be. The Magistrates' Court is imbued with power to order the detention of a criminal defendant/suspect in certain circumstances, particularly in those criminal matters for which the Magistrates' Court has no jurisdiction to try. Nevertheless, the rule of ex parte application entails a one-sided adjudicatory process where only one party is heard. This paper, entitled, "Magistrates' Court's Power to Remand a Suspect Through Ex Parte Application: A Critical Analysis." examines the propriety or otherwise of the Akwa Ibom State Magistrates' Court's power to order remand of a suspect without charge via an ex parte application, brought pursuant to Section 292 of the new Akwa Ibom State ACJL 2022. The research methodology is analytical. The paper reveals that, the said provision of the law which empowers the arrest and detention of a suspect without charge for a period of 21 days and a further two options of 21 days extension each, seems not to be in tandem with the provisions of the Constitution in respect to a suspect's constitutional rights to personal liberty, fair hearing and right to presumption of innocence, amongst others. The paper proffers some recommendations including, the need to expunge the said provision therefrom in order to curtail the abuse of fundamental rights of the citizens.
The constitution of any country under democratic rule is deemed as the source of power, strength,... more The constitution of any country under democratic rule is deemed as the source of power, strength, and authority of the people. It is often referred to as the "grundnorm," which binds all and holds a preeminent position in every aspect of governance, surpassing all other authorities, individuals, and institutions. Its preamble underscores the fact that it emanates from the same people whose actions and inactions it is designed to regulate. This paper, entitled "The Bastardisation of Constitutional Supremacy by Disobedience to Court Orders and the Rule of Law in Nigeria," examines the imperative of upholding the supremacy of the constitution and the rule of law by obeying lawful court orders. The research methodology employed is analytical. The paper reveals that in Nigeria, disobedience to court orders is predominantly perpetuated by the executive branch of government. It also explains why the judiciary frequently struggles to enforce its orders due to the control exerted by government over enforcement agencies. Consequently, the work presents several recommendations, including the necessity for judicial reform that would empower the Judiciary with its own dedicated law enforcement agency.
A person arrested either on suspicion of having committed an offence or caught in the act, is ent... more A person arrested either on suspicion of having committed an offence or caught in the act, is entitled to be presumed innocent until the contrary is proved. Presumption of innocence is a well-established legal principle in criminal justice administration, which dictates that the burden of proving guilt rests on the person who asserts. This precedent was laid down in the locus classicus case of Woolmington v DPP, and is recognised internationally as a fundamental human right under the UN's Universal Declaration of Human Rights (Article 11). Correspondingly, it is guaranteed in the 1999 Constitution of the Federal Republic of Nigeria (as amended). The right to bail is a direct offshoot of a person's constitutional right to personal liberty. Similarly, the right to fair hearing is an adjunct to the principle of presumption of innocence. The thrust of this paper titled, "Right to Presumption of Innocence: Exploring the Interplay Between Rights to Fair Trial, Personal Liberty and Bail in the Nigeria." seeks to harness the interconnectedness of these rights in relation to where the defendant's right to presumption of innocence begins and is extinguished. The research method employed is analytical. Findings indicates that though right to presumption of innocence endures throughout the trial, and is extinguished once a defendant is convicted and sentenced. Nevertheless, it thus appears to be reactivated once the appeal is allowed or when post-conviction bail is granted. It is recommended amongst other things, that where a criminal defendant has been convicted and sentenced, but has applied for a stay of execution pending appeal and subsequently granted post-conviction bail; his right to the presumption of innocence should be deemed to have been reactivated and remains in effect, rather than being extinguished.
As a legal phenomenon, the plea of Allocutus is enshrined in the criminal procedures of every cri... more As a legal phenomenon, the plea of Allocutus is enshrined in the criminal procedures of every criminal justice system. Most countries hold it as an absolute right of the convict which the trial court cannot overlook. In Nigeria, the plea of Allocutus is not absolute but rarely goes unobserved in any criminal proceeding. Allocutus is an opportunity given to the criminal defendant convicted of a certain crime to say something in mitigation of punishment before sentence is passed on him and is not an act of kindness on the part of the court but a part of criminal processes that ought to be performed after conviction before sentencing. Most criminal defendants see this process as their last opportunity for mitigation of sentence. This paper therefore examines the legality and the effects of Allocutus in sentencing. And reveals that the plea of allocutus is often abused by the court due to personal inclinations of a particular judge involved. The paper also makes some recommendations which include the need for the court to be wary of the cardinal purpose of criminal law which is punishment and its objectives in line with sections 311 and 401 of ACJA, amongst others. The method of the research is analytical with resources garnered from texts, law reports and internet.
In every sovereign state with a functional judicial system the court of law is regarded as an ump... more In every sovereign state with a functional judicial system the court of law is regarded as an umpire, saddling with enormous sole responsibility to adjudicate disputes and administer justice. Thus, there is always a question of law and fact for the court to decide before arriving at its judgement. By the nature of its duties, court wills enormous discretionary power in deciding appropriate judgement or quantum of punishment as the case may be. This paper however, is concerned with sentencing discretion of court with regard to criminal justice system and striven to answer the questions of what is sentencing discretion and/or whether this discretionary power is completely unfettered. If not, are they any controls of sentencing discretion? Hence, the paper takes a look at the statutory control, the judicial and the control by the NJC. Again, sentencing as a necessary phenomenon in any criminal justice sector is said to be the decree of punishment which forms the final overt act of a judge-ruled process or the emblematic prime act connected to his function in the administration of criminal justice; In this work, two types of sentencing, the discretionary and the mandatory sentencing are titivated against the matrix of each other, in order to establish, if any, the scope and dimensions of judicial discretion in their applications. Also, though legislation is generally established which provide judges and magistrates with substantial amount of discretionary powers in sentencing matters, it also provides sentencing principles or objectives and factors to be taken into consideration before sentencing. These objectives are also examined in the light of the Administration of Criminal Justice Act 2015.
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