DEFENCES AVAILABLE TO DEFENDANTS IN CRIMINAL TRIALS

Student: Chukwuma Joseph Nwaneri
Supervisor: Dr Nnennia Ifepe
HOD: Mr Enemhinye Ehigiator
Department of Law
Law
Madonna University, Elele, Rivers State

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.

Full-Text Access Notice

In accordance with the NERD Policy on promoting peer-reviewed publication, public access to the full text of a project, thesis or dissertation is restricted for three years, allowing the author and supervisors sufficient time to pursue peer-reviewed publication. During this period, researchers with legitimate academic or research purposes may request authorisation directly from the author to enable NERD to release the indexed full texts of the work using the form below.

Request authorisation from the author