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Not Guilty

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A plea of not guilty means you believe you have not violated the law. It also means that there was not sufficient evidence to determine that you committed the crime. Everyone charged with a criminal offence is presumed innocent, until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defence (Article II of the Universal Declaration of Human Rights).
The presumption of innocence is the legal principle in criminal cases that one is considered innocent until proven guilty. It is sometimes referred to by the latin expression Ei Incumbit protatio qui dicit, non qui negat (The burden of proof is on he who declares, not on he who denies). In many nations, the presumption of innocence is the right of the accused in a criminal trial. The burden of proof is on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact (ie the judge or magistrate), who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible. And in most cases lawfully obtained that the accused is guilty beyond reasonable doubt.
In practice, the presumption of innocence is animated by the requirement that the government proves the charges against the defendant BEYOND A REASONABLE DOUBT. This due process requirement is a fundamental tenet of our criminal justice system. It is contained in statutes and judicial opinion like Section 36(5) of the 1999 Constitution of the Federal Republic of Nigeria, which provides that every person who is charged with a criminal offence shall be presumed innocent until he is proven guilty. This provision of the constitution has been grossly violated by members of the Nigeria Police Force who in discharge of their duties have arrested peaceful protesters and subject them to inhuman treatment without a court of competent jurisdiction, declaring them guilty of any crime. A good reference is last Saturdays #Occupy Lekki Toll Gate# protest.
In the past and now, some suspects have been paraded as armed robbers in various media when they are yet to be declared guilty of the crime they were suspected of, by a court of competent jurisdiction. Under the administration of justice in Nigeria an accused person is presumed to be innocent. In most jurisdiction, across the globe, prosecutions are not allowed to predicate their allegation on mere suspicion. There must be an overwhelming evidence. It follows therefore that the prosecution must prove each element of a crime to which an accused is charged beyond reasonable doubt. In State V. Ajayi (2016) LPELR 40663 (SC), Okoro JSC at Page 50 held thus:
“It is trite that in criminal proceedings, the onus is always on the prosecution to establish the guilt of the accused beyond reasonable doubt and the prosecution will readily achieve this result by ensuring that all the necessary and vital ingredients of the charge or charges are proved by evidence. See Yango Vs COP (1992) 4 SCNJ113, (1992) LPELR – 3528 (SC), Uche Nilliams V. the State (1992) 10SCNJ 74. It must be noted that under our system of criminal justice,an accused person is presumed innocent until he is proved guilty and the burden of proof is always on the prosecution. See Okputuobiode & Ors, V. The State (1970) All NLR 35, (1970) LPELR – 2524 (SC).”
In spite of plethora of cases in this regard many have suffered undue hardship, molestation and harassment before they are charged to court.
Today Nigeria ranks as one of the countries with the lowest respect for the rule of law. Our democracy is laughable, because the baseline requirement for democracy anywhere in the world is respect for the rule of law, which we no longer have. God help us.

 

By: Nkechi Bright-Ewere

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City Crime

Delta Attorney-General Laments Hike In Human Trafficking

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Delta State Attorney-General and Commissioner for Justice, Ekemejero Ohwovoriole (SAN) has lamented the increasing rate of human trafficking, especially the girl child in the state.
Ohwovoriole decried the increase in his office in Asaba when the zonal commander of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Mr Nduka Nwawenne paid him a courtesy visit.
The Attorney-General stated that it was against the dignity of the state and disheartening to see that Delta State now ranked first in human trafficking, overtaking Edo State.
He stressed the need for stakeholders to tackle the menace, adding that if it was one single victim that was rescued, they would be rewarded for their efforts.
Ohwovoriole stated that young girls were the most vulnerable ones in the issue of human trafficking, stressing that children from poor family backgrounds also fall victim to human trafficking.
While saying that their request for an office space in the state would be looked into, to see how the government could be of assistance to them, he assured them of his ministry’s partnership in the fight against human trafficking.
He said that the Task Force on human trafficking and irregular migration, which he chairs, should be having regular meetings.
Earlier, the Zonal Commander of Naptip, Mr. Nwawenne informed the commissioner that Delta state had overtaken Edo state as the foremost state in human trafficking in nigeria.
He told the Attorney-General that their Zonal Command was the first to be established in Nigeria because of the prevailing issues of human trafficking in the area, noting that ika south was the highest in cases of human trafficking as a result of its proximity with edo state.
Nwawenne appealed to the Commissioner and the State Government to provide office accommodation for their officials to operate in Asaba.

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Army Arrests 50 Foreigners, Others For Job Racketeering

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The Nigerian Army said it has arrested 50 suspects, including foreigners, for alleged international job racketeering in Lagos.
The Director, Army Public Relations, Brig. Gen. Onyema Nwachukwu, who addressed journalists in Abuja, on Wednesday, said the suspects were arrested during an operation jointly conducted by the Army and the Nigeria Immigration Service.
He also disclosed that no fewer than 13 criminals were killed and 88 arrested during various operations across 20 states of the federation.
Among those arrested include 50 suspects comprising foreigners who were nabbed for alleged International job racketeering.
Onyema said, “In the South-West region, on November 2, 2023, troops of 9 Brigade Nigerian Army in conjunction with personnel of Nigerian Immigration Service, Lagos State Command, conducted a raid operation on a suspected criminal hideout at Ifako Ijaye.
“During the operation, 50 suspects, including foreigners who specialise in international job racketeering, were arrested. In a similar development same day, the same troops arrested two suspects at a hotel in Ogba in the Ikeja LGA.
“The arrest was in connection with the murder of one Mallam Idris Ardo, the Ardo of Panya Village in Plateau State. Preliminary investigation revealed that one of the arrested suspects masterminded the killing of Ardo and fled the community since the incident occurred.”

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Elder Statesman Charges FG On Judges, Magistrates’ Security

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An elders statesman and advocate of oil rights in the Niger Delta, Rev Sokari Soberekon, has called on the Federal Government to beef up security for High Court Judges and Magistrates in the country. The iconoclastic doctor of humanities made this plea while addressing newsmen during the just concluded 2023/2024 rededication of the legal year of the Rivers State Judiciary held at the St. Cyprian’s Anglican Church in Port Harcourt last Thursday.
Soberekon stressed the essence of maximised security for Judges and Magistrates in Nigeria to ensure prompt and fearless dispensation of justice, equity and fairplay. He, maintained that apart from armed Police orderlies, the Judges and Magistrates should be legally authorised to keep personal arms for self defence when necessary, adding that this innovative policy would enhance the desired environment for an independent judiciary.
According to the octogenarian minority rights activist, the judiciary is the sanctuary of justice and equity.
He recalled the circumstances surrounding the gruesome murder of the former Federal Attorney General and Minister of Justice, Late. Chief Bola Ige.
Soberekon noted that, in spite of the retinue of official security aides attached to the late former Governor of Oyo State, Ige would not have been murdered if he was personally armed on that fateful day of his demise.
Soberekon emphasised the need to shun eye service in the nation’s polity.
He, however, maintained that the only Oga in politics is God Almighty, who he said uses people to install others in office.
Soberekon recalled the meeting he had with King Alfred Diete-Spiff in Lagos from where the pioneer Governor of the State started planning the blueprint of the old Rivers State.
He said what Rivers State needs now is peace, and applauded the placard with the description, ‘Peace’, displayed during the rededication ceremony.
He noted with delight that while delivering a sermon at the occasion, the Vicar of the church advised Nigerians to give peace a chance and also to build a nation where peace and justice reign.

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