Kefas Solomon
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The Nigerian Legal Process: From Arrest to Final Judgement
The Nigerian legal process can be overwhelming, particularly for those who find themselves in trouble with the law. Knowing what happens from the moment of arrest all the way to the court's final decision is important in protecting your rights and building a strong legal case.
In this article, we walk you through the main steps of the criminal justice system in Nigeria, explaining how you get arrested, how you are charged, what to do in court, and what rights people who are accused have at every step.
1. Arrest: How It Begins
In Nigeria, the arrest is made by the Nigeria Police Force or any other security such as the EFCC, NDLEA, or DSS, depending on what crime is being claimed.
Under Section 35 of the Constitution of 1999 and the Administration of Criminal Justice Act (ACJA) 2015, a person can be arrested only if there is a good reason to believe they have committed a crime. The police officer making the arrest should:
Identify themselves clearly
Tell the person why they are being arrested
Don't use too much force unless it is absolutely necessary
You have the right to remain silent and not be forced to confess.
2. Detention and Bail
After an arrest, a suspect may be kept by the police for 24 to 48 hours before they are formally charged in court. If investigations cannot be completed, they can ask a Magistrate for more time. You also have a legal right to ask for bail at the police station (for small crimes) or in court. Bail is not punishment, it is meant to make sure the person accused will show up for their trial.
3. Charging Charges
If the prosecutor or police believe there is enough evidence, they will file a formal charge, and the case goes to a Magistrate or High Court depending on how serious the crime is:
Magistrate Courts usually handle minor or straightforward crimes.
High Courts handle major criminal cases such as armed robbery, murder, or rape.
The Director of Public Prosecutions (DPP) can get involved to review evidence and advise on whether to go ahead with the prosecution or not.
4. Arraignment in Court
Arraignment is when the accused person first officially appears in court. At the arraignment:
The charges are read out
The accused person enters a plea, Guilty or Not Guilty
The court decides whether to grant or deny bail
In Nigeria, there is the rule of innocent until proven guilty, meaning the accused is not seen as a criminal until the court makes its decision.
5. Trial Proceedings
If the accused pleads not guilty, the case goes to trial. The trial involves:
The prosecution presents their evidence
The defense questions witnesses
The accused might give their own testimony
Both sides make their closing arguments
The judge listens to the facts, explains the law, and makes sure the trial is fair, as outlined in the ACJA and the Evidence Act.
6. Judgment
After the trial, the court gives its verdict, which can be:
Conviction : after the prosecution is able to prove its case without any real doubt
Not Guilty if the accused is found innocent
Imprisonment, fine, community service, or any combination of the above, depending on the case and the laws, can be the punishment.
7. Appeal Process
If either the prosecution or the accused isn't happy with the outcome, they have a right to appeal to a higher court. It could be:
From the Magistrate Court to the High Court
From the High Court to the Court of Appeal
And lastly to the Supreme Court of Nigeria
Appeals must be filed within a specific time limit set by law and are decided based on the lower court's records.
8. Your Rights Under the Nigerian Legal System
Always remember these legal rights you have:
Right to a fair hearing within a reasonable time
Right to legal representation
Right not to be tortured or treated inhumanely
Right to remain silent
Right to bail, unless there is a legal reason to deny it
The Nigerian Legal Aid Council and NGOs offer free legal help to citizens who can't afford it.
9. Avoid These Common Blunders
Most people unknowingly weaken their case during criminal proceedings. Here are important mistakes to avoid:
Talking to police without a lawyer present: Anything you say can be used against you.
Not asking for bail: Particularly in bailable offenses.
Missing court appearances: This can result in arrest warrants and erode your credibility.
Not recording details of your arrest: If your rights were violated, these records can be very useful if you need to take further legal steps.
A Real-Life Example
Imagine a situation where a young man in Lagos was wrongly arrested for armed robbery. With the assistance of the Legal Aid Council, they proved in court that he was actually at work when the crime happened. The court not only found him innocent and also criticized the police for poor investigation methods. This example shows how crucial it is to understand your rights and get legal help immediately.
Understanding the Nigerian legal process helps make sense of what might otherwise seem like a scary or unfair process. From arrest through to the final judgment, all Nigerians are legally guaranteed rights and ways to get help.