The legal safeguards to ensure the fair trial of an accused/defendant is circumscribed in Chapter IV of the 1999 Constitution, (As Amended). Fairness of any trial is fundamental to administration of criminal justice. It enhances judicial integrity and boast societal confidence. Breach of either of these rights may invalidate a trial.
1. RIGHT TO FAIR HEARING
S. 36(4) CFRN 1999
Fair hearing is a judicial/administrative hearing conducted in accordance with due process. See Article 3,4 and 26, of the African Charter on Human and Peoples' Right (ACHPR). Due process is the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights.
The Supreme Court in Audu v. FRN defined fair hearing as
"A trial or hearing conducted according to all the legal rules formulated to ensure that Justice is done to the parties."
It may be linked to the issue of jurisdiction. It is the fundamental conerstone of Nigerian jurisprudence and legal system.
This right is crucial and can not be waived, unless a party sleeps on his right to be heard.
