To be fairly heard

The right to fair hearing

A very interesting right.

P.s: just as the Right to personal liberty was divided into parts so also would this one in other to aid a concise work

FAIR HEARING - WHAT IT IS
The right to fair hearing is contained in section 36 of the 1999 Constitution of the Federal Republic of Nigeria.

In simple words, the term ‘fair hearing’ as it implies, means, to be given a chance to speak and be heard without fear, a chance to prove your cause and every citizen of Nigeria is expected to be accorded fair hearing.

For instance, where someone has been accused of committing a crime,(e.g rape) even though he was caught in the act, fair hearing is allowing him defend himself in court and to hire a lawyer to prove he is not guilty of committing the offence.

FAIR HEARING AND CRIMINAL OFFENSE.
Examples of criminal offenses include: rape, murder, burning a house (arson), manslaughter( killing someone unintentionally) etc.

Thus, where a person is charged with a criminal offense (unless the charge is withdrawn), such person has the right to fair hearing within a reasonable time by a court.

It is very important to know that every person charged with a criminal offence is taken to be innocent until he is proven guilty.

For instance, where there is reasonable suspicion that someone committed a crime-

• Let’s say a man was stabbed to death and his next door neighbour was the only person in the compound and it turns out to be that the knife with which the man was stabbed to death was found in the neighbour’s house.

In such a situation, there is reasonable suspicion that the neighbour committed the crime.

However, the law says he is innocent until the other party in the court (prosecution) can prove beyond reasonable doubt that he is guilty.

Also, every person who is charged with a criminal offense is entitled to:

• Be informed (on time and in the language he understands and in detail) , the nature of the offense;

Explanation: No detail of the offense should be left out when communicating the nature of the offense to him and also, where the suspect only understands igbo, he should be informed about the nature of the offense in Igbo and he should be told promptly, that is, on time- which should be before his arrest or detention.

Informing him of the nature of the offense after he has spent an hour or more in detention is very wrong and a breach to his right to fair hearing.

• Be given adequate time and facilities for the preparation of his defense;
• Defend himself in person or by a lawyer;
• Examine the witnesses called by the other party (prosecution);

Explanation: This can be done by either the suspect ( where he chooses to represent himself) or by the lawyer representing him

• Have an interpreter if he cannot understand tbe language used at the trial of the offense;

Explanation: Where the suspect only understands Igbo, he is entitled to have an interpreter during trial in the court.

Note: The suspect is to be informed of the nature of the offense in the language he understands however in trial, that is, in a court room, he only has access to an interpreter, FOR FREE.

Hiiiiiiii, we have come to the end of today’s discussion on Fair Hearing in order to aid a concise work, see you next time!

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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