DEFENCES AVAILABLE TO DEFENDANTS IN CRIMINAL TRIALS
Abstract
In Nigerian law, it is presumed that anyone charged with a criminal offence is innocent until
proven guilty. Therefore, a person accused of a crime is considered innocent until the court
determines otherwise. The purpose of a defence in criminal law is to ensure that only those
who are truly blameworthy are punished, in proportion to their level of fault. Defences work
alongside the mensrea requirement to ensure that innocent people are not unjustly punished
for causing social harm. The aim of this research dissertation is to critically evaluate the
defences available to Defendants in criminal trials and to do that the defences available to
defendants were identified, legal and institutional framework dealing with the defences
available to Defendants in criminal trials will be analyzed and the limitations faced in the
exercise of the defences were evaluated and possible solutions to the problems were
proffered.In summary, the criminal defence system in Nigeria is designed to provide a fair
trial by allowing defendants to present arguments and evidence that challenge the
prosecution's case. These defences, rooted in statutory law and interpreted through case law,
ensure that individuals have the opportunity to contest charges and protect their legal rights in
the face of criminal accusations. Based on the current state of criminal defences in Nigeria,
several recommendations can be made to further enhance the ability of defendants to exercise
their legal rights effectively and they include expand legal aid services, Strengthen Pro Bono
Initiatives, implement specialized courts, adopt modern case management systems, expand
legal education campaigns, integrate legal studies in school curriculum, Strengthen AntiCorruption Measures, promote judicial independence and invest in forensic science.
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