BY ERIC IFERE
We have not heard the last about Nnamdi Kanu’s trial, conviction, and sentencing, which underscore the importance of procedural correctness and proper legal representation.
The case raises questions about whether justice was served correctly and if any procedural errors could invalidate the trial or conviction.
It also prompts an analysis of whether Kanu’s act of dismissing his lawyers was a trap or a procedural pitfall for the Court.
Under Nigerian law, Section 36 of the Constitution calls for a fair hearing and legal representation in criminal trials. While specific provisions of the Administration of Criminal Justice Act (ACJA) 2015 explicitly mandate legal representation in capital offence trials to guarantee a fair hearing, no party can waive this requirement, underscoring its critical role in ensuring justice and procedural integrity.
Let’s examine what Nigerian law stipulates for capital offence trials, focusing on the legal procedures that must be followed and their implications for the fairness and validity of the case, especially regarding legal representation and procedural safeguards. This analysis helps us understand the procedural standards Kanu’s trial should meet and highlights the importance of adherence to legal procedures.
Under Nigerian law, Section 267(1) of the Administration of Criminal Justice Act (ACJA) 2015 clarifies that, while defendants can generally conduct their cases in person, this right does not extend to capital offences or cases involving life imprisonment. This procedural safeguard is critical for the fairness and validity of such trials, and no party can waive it.
Section 267(4) Administration of Criminal Justice Act (ACJA) 2015: explicitly mandates that the Court shall ensure that counsel in capital offence cases represents the defendant.
Section 349(6) of the Administration of Criminal Justice Act (ACJA) 2015 further reinforces this, stating that a defendant charged with a capital offence shall not be allowed to represent or defend themselves, even if they wish to do so. The Court must inform the defendant of the risks involved and record this information, but legal counsel must still be provided. The Court will assign a lawyer to the defendant if the defendant does not have one, ensuring that the trial is not voided for lack of representation and underscoring the importance of legal safeguards in capital cases.
Failure to provide mandatory legal representation from arraignment through the end of the trial may be grounds for setting aside the judgment, underscoring the Court’s obligation to ensure procedural
compliance. The Court’s duty to assign a lawyer when the defendant lacks one is essential to prevent the trial from being voided for lack of proper representation.
Looking at the law’s provisions and applying them to Nnamdi Kanu’s trial, conviction, and sentencing, I wonder how much compliance was achieved. The drama has not ended, and we await more scenes. Fasten your seatbelt, relax, and follow the unfolding legal battle.
(Eric Ifere, Solicitor of England & Wales
Advocate and Solicitor of the Supreme Court of Nigeria.)
