The constitution makes elaborate provisions for some safeguards to protect the citizens especially where they are standing trial for a criminal offence. The safeguards are protective measures to protect an accused and to ensure he/she is given a fair trial and to ensure that such trial is not only fair but seen to be fair. In the absence of these safeguards a case of “persecution” and “not prosecution” will be the end result of such a trial.
A plethora of constitutional safeguards exist to protect the accused and can be found in Chapter 4, section 36 of the Constitution Of The Federal Republic Of Nigeria;
a. Information of Crime Committed: Right to be informed promptly in the language he understands in detail, of the nature of the offence. The information must be given to the defendant prior to the trial, at the time of arrest or at the beginning of the trial when he is arraigned section 36(6)( a) 1999 Constitution.
b. Right to Fair hearing: This right is aptly captured in section 36(4) CFRN 1999. This right is better explained in the two traditional maxim i.e. (a) audi alteram partem (the other party must be heard) R. v. The University of Cambridge (1723). (b) nemo judex in causa sua (a person shall not be a judge in his own case); in which case, there must be freedom from bias
c. Presumption of Innocence: The defendant is always presumed innocent until his guilt is proved beyond reasonable doubt by the prosecution: section 36(5) Constitution of the Federal Republic of Nigeria 1999.
d. Time to prepare for trial: The defendant must be given adequate time and facilities to prepare for his defences. 36(6)(b) Constitution of the Federal Republic of Nigeria 1999. In this area, the court should grant adjournment to the defendant, either to obtain the service of a counsel where necessary or call a witness that will be material to his case. The Supreme Court held in Udo v. The State (1988), that a trial judge must grant adjournment in a murder charge once the defence counsel is absent at the hearing
e. Right to Counsel: Right of the defendant to defend himself in person or by a legal practitioner of his choice: section 36(6)(c) of the 1999 Constitution.
f. Offence must be known to law: The defendant can only be convicted of an offence defined in a written law and the punishment thereby prescribed. S.36(12) CFRN 1999. In Aoko v. Fagbemi (1963) the conviction of an accused was set aside because the offence for which he was found guilty - adultery is not an offence under the Criminal Code.
g. Right to silence: The defendant must not be compelled to give evidence at his trial. S.36 (11) CFRN 1999. This right is also protected by the Evidence Act under section 180(a).
h. Right to be tried only once for an offence: No person shall be tried twice for the same offence- section 36 (9)1999 CFRN. This right enables the defendant to raise the plea of autrefois acquit or convict so as to avoid double jeopardy under S.238 ACJA*. See also Nafiu Rabiu v. The State (1980). A person pardoned for an offence also enjoys this right.
I. Right to Examination of prosecution witnesses: The accused has the right to cross examine the prosecution witnesses, the court will be in breach of his rights if it fails to afford him such an opportunity S.36(6)(d) CFRN 1999.
J. Provision of Interpreter: A defendant is entitled to an interpreter without payment of any fee The defendant should however notify the court that he needs an interpreter- section 36(6)( e) Constitution of the Federal Republic of Nigeria 1999.