Facing criminal charges can be overwhelming, especially if you don’t fully understand your rights. Whether under investigation, arrested, or already facing trial, knowing your legal rights is essential to ensuring a fair process and protecting yourself from unlawful treatment. This article outlines key rights every accused person should know, backed by constitutional and statutory provisions, as well as case law precedents.
1. The Right to Remain Silent
One of the most fundamental rights in criminal law is the right to remain silent. Section 36(11) of the 1999 Constitution of Nigeria states that no person accused of a criminal offense shall be compelled to give evidence against themselves. This prevents self-incrimination and ensures fair trial standards.
Legal Reference:
Constitution: Section 36(11) – Right against self-incrimination.
Case Law: Olayinka v. State (2007) 9 NWLR (Pt. 1040) 561 – Reinforces that an accused person cannot be forced to make a statement that may be used against them.
What to Say If Arrested:
“I am invoking my right to remain silent, and I want to speak to a lawyer.”
2. The Right to Legal Representation
Every individual facing criminal charges has the right to legal counsel. If an accused person cannot afford a lawyer, the court is required to provide one, ensuring fair trial rights.
Legal Reference:
Constitution: Section 36(6)(c) – Right to be defended by a legal practitioner of choice.
ACJA 2015: Section 186(1) – Provides for legal representation, particularly for indigent defendants.
Case Law: Echeazu v. Commissioner of Police (1974) NCLR 484 – Held that denying an accused access to legal counsel violates their rights.
Why It Matters:
- A lawyer can negotiate bail, plea deals, or case dismissals.
- They can challenge illegally obtained evidence.
- They ensure that law enforcement follows due process.
3. Protection Against Unlawful Searches & Seizures
Law enforcement officers must have a warrant or probable cause to conduct searches. Evidence obtained through unlawful searches is inadmissible in court.
Legal Reference:
Constitution: Section 37 – Protects the privacy of citizens, homes, and correspondence.
ACJA 2015: Section 12 – Requires a valid warrant for searches, except in exceptional cases.
Case Law: Agbaje v. C.O.P. (1969) NCLR 137 – Ruled that evidence obtained without a warrant is unlawful.
Know Your Rights:
Ask officers for a search warrant before allowing entry.
If no warrant exists, refuse the search, unless in cases of emergency or hot pursuit.
4. The Right to a Fair Trial
Every accused person is entitled to a fair and speedy trial. This includes being informed of charges, cross-examining witnesses, and presenting evidence in defense.
Legal Reference:
Constitution: Section 36(1) & (4) – Guarantees fair hearing within a reasonable time.
ACJA 2015: Section 396(3) – Limits the adjournment of criminal cases to prevent undue delays.
Case Law: Ariori v. Elemo (1983) 1 SCNLR 1 – Reinforced the right to a fair hearing.
5. Protection Against Self-Incrimination
An accused person cannot be forced to testify against themselves in a criminal case.
Legal Reference:
Constitution: Section 36(11) – Right to refuse self-incriminating testimony.
Case Law: R v. Itule (1961) All NLR 462 – Affirmed that confessions obtained through coercion or without caution are inadmissible.
6. The Right to Reasonable Bail
An accused person has the right to bail, except in cases where it is deemed necessary to detain them for public safety or to prevent escape.
Legal Reference:
Constitution: Section 35(4) – Bail should be granted if trial does not commence within a reasonable time.
ACJA 2015: Sections 158-162 – Provides for bail conditions and exceptions.
Case Law: Dokubo-Asari v. FRN (2007) 12 NWLR (Pt. 1048) 320 – Established factors courts consider when granting bail, including severity of offense and flight risk.
If Bail is Too High:
Your lawyer can apply for a bail reduction under Section 163 of the ACJA.
7. The Presumption of Innocence
Every accused person is presumed innocent until proven guilty beyond a reasonable doubt. The prosecution bears the burden of proof.
Legal Reference:
Constitution: Section 36(5) – States that an accused is innocent until proven guilty.
Case Law: Ogunye v. The State (1999) 5 NWLR (Pt. 604) 548 – Reinforces the importance of the presumption of innocence
What to Do If You Are Arrested
- Stay calm and do not resist arrest.
- Invoke your right to remain silent.
- Request a lawyer immediately.
- Do not discuss your case with anyone except your lawyer.
- Document everything you remember about the arrest and charges.
Final Thoughts
Understanding your rights is crucial when facing criminal charges. Exercising these rights can protect you from unlawful treatment and strengthen your defense. If you or a loved one is facing charges, seeking immediate legal representation is the best step toward ensuring justice.
Key Takeaways
✔ Remain Silent – You are not obligated to answer police questions without a lawyer.
✔ Get Legal Representation – The law guarantees your right to a lawyer.
✔ Know Search & Bail Rights – Illegal searches and excessive bail should be challenged.
✔ Fair Trial & Presumption of Innocence – You are innocent until proven guilty.
This article is for informational purposes only and should not be considered legal advice. For specific legal guidance, please contact our team directly.
For expert guidance on arbitration, litigation, and dispute resolution matters, please contact our specialized team in the Litigation & Dispute Resolution Practice , Part of our full-service offering across Lagos, Abuja, and Abakaliki. Please contact our partner Hans Offia on [email protected]
Hans Offia is the founder and managing partner at Hans Offia & Associates, a top Nigerian law firm with offices strategically located in Abuja, Abakaliki and Lagos, Nigeria. He is in charge of the Firm’s Dispute resolution and Banking & Finance practice groups.
