Viewed from the theoretical standpoint, the Nigerian criminal justice system is a system that is designed in such a way that it tends to favour a defendant/accused. A host of presumptions cum rights are to be enjoyed by a defendant before, during and after trial. The presumption of innocence, right to a counsel of his choice, bail, among others. The Court is duty-bound to ensure that its procedure is in total conformity with these rights.
During trial, one of such duties on the court is to consider all available defences open to an accused person which can be gleaned from the facts before the Court.
In re-echoing this, the Court of Appeal in OGUCHE v. STATE (2020) 35 WRN 69 at page 87 per Shuaibu JCA captured it as follows:
It is certainly the law that the trial court is not limited to considering the defence brought by an accused person. A trial court is to consider all defences that could be available to an accused from the evidence before the court.
Wale Adeagbo Esq (AICMC)
Litigation and Dispute Resolution Attorney.
LAW AXIS (LITIGASHIP) Webinar Series!!!
We are inviting you to a scheduled Zoom meeting.
Topic: Chasms and contours: The Pathway to a Successful Career in Litigation and Dispute Resolution.
Guest Speaker: J.S. OKutepa SAN
Hosts: Sam Adegoke Esq
Wale Adeagbo Esq
Time: Oct 16, 2021 07:00 PM Africa/Brazzaville
Meeting ID: 768 7962 0794