CRIMINAL LITIGATION WEEK 12 (CONSTITUTIONAL SAFEGUARDS CONTD.)
CONSTITUTIONAL SAFEGUARDS CONTD.
– RIGHT TO BE TRIED ONLY FOR AN OFFENCE DEFINED IN A WRITTEN LAW: and punishment prescribed thereof-Section 36(12) CFRN Aoko v Fagbemi AG Federation v Dr Clement Isong.
– RIGHT TO SILENCE: Section 36(9) CFRN. As accused must not be compelled to give evidence at his trial. Judge and prosecution may comment on the silence but such comments should not cast aspersions of guilt on the accused-Okoro v The State. Although silence may be foolhardy where there are compelling/overwhelming evidence / accusations not denied or controverted.
– RIGHT NOT TO BE TRIED MORE THAN ONCE FOR TO ONE OFFENCE: Section 36(9) CFRN. Not to be tried again where he has already be convicted or acquitted by a court of competent jurisdiction over the same offence. Doing so may amount to double jeopardy-Nafiu Rabiu v The State. Note however Section 239 and 240 ACJA. Autre fois 221 CPA
– RIGHT AGAINST TRIAL UPON RETROACTIVE LEGISLATION No punishment heavier than that provided nor should laws be retrospective-Section 36(8) CFRN: Nulla Poena sine lege. George V FRN.
– RIGHT AGAINST TRIAL FOR AN OFFENCE FOR WHICH ACCUSED HAS BEEN PARDONED: Section 36(10).
 Trial for adultery in this case quashed. Nte however that; in Section 378 and 388 PC adultery may ground punishment.