Lawyers' Guide
Criminal Litigation Preview 29 min read

Constitutional Safeguards to Ensure Fair Trial of an Accused Person

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Constitutional Safeguards to Ensure Fair Trial

Foundation

The legal safeguards to ensure the fair trial of an accused/defendant are circumscribed in Chapter 4 CFRN 1999 (as amended). The fairness of any trial is fundamental to administration of criminal justice as it enhances judicial integrity and boosts societal confidence.

  • Breach of any of these rights may invalidate a trial irrespective of how well conducted;
  • The accused person is in a disadvantaged position compared with the prosecutorial authority (the State);
  • The Constitution and statutes provide safeguards to the accused during trial.

Fajemirokun v Commercial Bank (Credit Lyonnais)

The Supreme Court classified the rights in Chapter 4 CFRN into:

  1. Intrinsic rights - generally procedural and made to ensure fair trial in court (e.g. right to defend in person or through counsel);
  2. Rights enforceable by HC under S46 (and S42) CFRN.

The 14 Constitutional Safeguards

There is no statutory arrangement - arranged here logically:

GroupSafeguards
General 1. Public Trial - S36(3); 2. Speedy Trial - S36(4); 3. Fair Hearing - S36(4); 4. Presumption of Innocence - S36(5)
Defence Preparation - S36(6) 5. Information of Crime - S36(6)(a); 6. Adequate Time & Facilities - S36(6)(b); 7. Counsel of Choice - S36(6)(c); 8. Examination of Witnesses - S36(6)(d); 9. Interpreter - S36(6)(e)
Substantive Protections 10. Retroactive Legislation - S36(8); 11. Double Jeopardy - S36(9); 12. Pardoned Offence - S36(10); 13. Right to Silence - S36(11); 14. Offence Known to Law - S36(12)

1. Right to Public Trial - S36(3) CFRN; S200 ACJL

Referred to as Publicity of Trial.

Oviasu v Oviasu; R v Dogbe

A “public place” is one where there is ingress and egress of the public. Need not be a courtroom - allows for locus in quo sittings. Trial cannot be in judge’s chambers, as there cannot be ingress and egress of the public.

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