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Tajudeen, Ibraheem Ojo
- No Case Submission Under Nigerian Law
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International Journal of Innovative Research and Development, Vol 2, No 1 (2013), Pagination: 243-261Abstract
Under Nigerian law, every accused is presumed innocent until his guilt is proved. The legal burden of proving the guilt of the accused, unlike the evidential burden of proving specific facts, rests on the Prosecution and does not shift throughout the trial. At the close of the case for the prosecution, the accused is invited to make his defence. A number of options, of which the no-case submission is one, are open to the accused at this stage. This article discusses the no-case submission. It also examines the conditions required to be satisfied by the accused in order to succeed on the submission. The ways in which a judge/magistrate may rule on a no-case submission and the effects of those rulings are also examined. After a ruling has been made, subsequent evidence may be introduced by either party. What is the consequence of this? With the aid of statutory and judicial authorities, this article examines the basic rules relating to a submission of no case to answer as is applicable under Nigerian law.Keywords
Accused, Prosecution, Proof, Prima-facie Case, Ruling, Evidence, WitnessFull Text
- Behind the Prison Walls: Rights or No Rights?
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Human rights are universal and apply to all humans irrespective of their location, prisons inclusive. This is why we advocate for the enforcement of prisoners' human rights. The only right taken away from an individual by virtue of imprisonment is the right to personal liberty, and to some extent, the right to privacy.
In Nigeria, prisoners are regarded as more or less, without rights. The situation is the same or worse in a lot of detention facilities worldwide. They are treated like animals, and routinely denied their human rights. Perhaps more worrisome is the number of those who are detained unlawfully. The military and Para-military, especially the police, are responsible, directly or indirectly, for a large percentage of unlawful detentions across the country.
This article examines these and other issues. References are made to statutory and judicial authorities.
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International Journal of Innovative Research and Development, Vol 2, No 4 (2013), Pagination: 779-799Abstract
Who is a prisoner? Does he have rights? What human right (s) is/are taken away from him at incarceration? Why is a prisoner accorded some rights, just as other humans? Can one be adequately reformed or rehabilitated in an environment fraught with human rights abuses?Human rights are universal and apply to all humans irrespective of their location, prisons inclusive. This is why we advocate for the enforcement of prisoners' human rights. The only right taken away from an individual by virtue of imprisonment is the right to personal liberty, and to some extent, the right to privacy.
In Nigeria, prisoners are regarded as more or less, without rights. The situation is the same or worse in a lot of detention facilities worldwide. They are treated like animals, and routinely denied their human rights. Perhaps more worrisome is the number of those who are detained unlawfully. The military and Para-military, especially the police, are responsible, directly or indirectly, for a large percentage of unlawful detentions across the country.
This article examines these and other issues. References are made to statutory and judicial authorities.
Keywords
Prisoners, Rights, Violation, Nigeria, ImprisonmentFull Text