The Right To Fair Hearing And The Criminal Process In Nigeria: A Study Of The Lagos Metropolis

ABSTRACT

A system of justice that offers the citizens irrespective of gender, place of origin, social standing and circumstances of birth equal access to justice and fair hearing in criminal cases is indispensable in a democratic dispensation. This is highly desirable in Nigeria, particularly after long years of military rule that disregarded human rights and due process, This thesis is concerned with the right to fair hearing and the criminal process in Nigeria, with Lagos Metropolis as the study target. Section (1) of the Constitution provides that whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal. This section formed the basis of this study. The ingredients of the right to fair hearing we enumerated in section 36(0)412) of the Constitution. This study examined the extent of compliance with these rights by the police and the courts which are the major players in the criminal process. Pertinent statutory provisions and case law were analyzed by application of the power of reasoning.

Extensive field work involving the administration of questionnaires was carried out among the various stake holders involved in the criminal process. Hence, data was collected from Police officers, suspects in police cells, prison officers, prisoners, law officers, Judges and Magistrates, lawyers and the public. The empirical legal research assisted in highlighting the deficiencies in legal enactments and the setbacks on their implementation. The current level of compliance and attitude of the stakeholders in the criminal process, to the right to fair hearing in the Lagos Metropolis was revealed.