To be fairly heard (3)
Hello beautiful readers, welcome to another enlightening session on our discussion- To be fairly heard: The Finale.
Today, we’d be looking at the final part of our right to fair hearing under a segment: Punishment for an unwritten criminal offence.
Sit back and enjoyyyyyy
PUNISHMENT FOR AN UNWRITTEN CRIMINAL OFFENSE
Did you know that in Nigeria you cannot be punished for a criminal offense that is not contained in a written law? And it’s punishment not prescribed by the said written law?
Let’s take a walk down memory lane….
Cast your mind back to June 2021, when the Nigerian Government banned the use of twitter and in reaction to this ban, the Attorney- General of the Federation, (in simple words, the Attorney General is like the lawyer for the country but with more powers) made a directive to the Director of Public Prosecutuons, to prosecute whosoever bypasses the ban. (That is, people who still used twitter during the ban)
Nigerians, as usual, were not so bothered by the prosecution but they were agitated.
But I was quite bothered. And agitated.
Honestly, I didn’t get why people had to be prosecuted and I really, truly thought the directive to prosecute people was in line with the law till I came across Section 36 (12) of the 1999 Constitution of the Federal Republic of Nigeria.
This section explains that before a person can be convicted of a criminal offense, that criminal offense must be:
- Defined; and
- The penalty must be prescribed in a written law.
And in this subsection 12, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.
Therefore, this eliminates the tendency of the government to criminalise any act, for example, the use of social media because they feel like it, or they woke up on the wrong side of the bed!
This subsection always makes me relieved and give me peace of mind.
So please understand that before you or anyone can be legally punished for a CRIMINAL OFFENSE,(not civil, CRIMINAL), such an offense must be defined and the penalty for committing that offense must be prescribed, stated in a written law.
Not a law said, but a law written!
Isn’t it interesting to know this?
I bet it is!
So with this, we have come to the end of the right to fair hearing- To be fairly heard.
I bet you can’t wait to walk in the consciousness of this right, so please do. And do it agresively!!!
See you next time and as always
The goal is to ensure that majority are aware of these rights. Let’s make that happen together
So please do well to share to lots, lots of people.
Thank you!
Author: Esther Ude
Original Image Credit(at the top): http://clipart-library.com/clipart/219508
