To be fairly heard- 2
Welcome back to our series on our right to fair hearing
In our previous discussion, we learnt a great deal of what constitutes fair hearing and today, we’d be learning more than we did
Sit back, read on and enjoy, because today’s learning would definitely be so worth your time! (as the others have been)
Today, we’d be learning under two subtopics:
- Punishment of a non-existent offence; and
- Double jeopardy
We begin,
PUNISHMENT OF A NON-EXISTENT OFFENSE.
In Nigeria, during the military regime that lasted for thirty three years(1966- 1999), retroactive laws were made and applied.
What is a retroactive law?
In very simple words, it is a law made to punish people for an offense that at the time it was committed, did not amount to an offense.
For instance, let’s say as at Wednesday, the use of Whatsapp was not an offence but then today, Friday, the government pass such a bill that makes the use of WhatsApp a criminal offense and those who make use of it would be punished
But rather than punishing those who make use of Whatsapp from Friday, they start to punish those who made use of WhatsApp on Wednesday (when the law didn’t even exist then!)
Absurd right?!
Thank God for the amended 1999 Constitution as in section 36 (8) it explains that no person shall be held to be guilty of a criminal offense that at the time it took place, did not constitute an offense.
Thus freeing us from the clutches of being punished for a non- existent offense.
DOUBLE JEOPARDY
Double jeopardy is a defence available to individuals who have been convicted of a criminal offense.
Let me use an illustration to explain;
For instance, in a case of fraud, where the fraudster has:
- been taken to a court and tried for the offense;
- been pronounced by the court to be guilty;
- served his punishment completely (let’s say 2 years in prison) ; and
- been released from prison.
In such an instance , the fraudster cannot be taken to court and tried for the same offense in Nigeria again.
This is what double jeopardy means and in Nigeria, it is provided for in section 36(9) and (10) of the 1999 Constitution of the Federal Republic of Nigeria.
Double jeopardy also applies in cases where a criminal has been pardoned by the President.
Ad break:
In our previous lessons, we’ve learnt that every individual has a right to personal liberty to do as he pleases, which includes wearing beautiful wears.
In light of this, Ladies and Gentlemen, I present to you: SOZO MERCHANDISE!!
Sozo Merch (as I love to call it) is a God-sponsored creativity expressed on a plain canvas of tshirt!
It is a christo-centric clothing brand and they sure have nice authentic products for you to shop from!
Waste no time! Express your right to personal liberty!
Click on the link and you’d be redirected to the WhatsApp page for further enquiries and/or to make an order. Thank youuuuu🥰
Link: https://wa.link/8v3nwn
Welcome back from the Ad break, this is where we’d be stopping today on the right to fair hearing. Please do well to read, share and follow
And as always,
The goal is to ensure that majority are aware of these rights. Let’s make that happen together
So do well to share to lots, lots of people.
Thank you!
Author: Esther Ude
Original image credit: http://clipart-library.com/clipart/219508.htm
