City Crime
Not Guilty
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
The National Emergency Management Agency (NEMA) has warned against the practice of scooping fuel from accidented tankers, noting it has led to the loss of many lives and property.
The agency’s Head of Operations in Ibadan, Mr Kadiri Olanrewaju, cautioned during a sensitisation programme on tanker fire accidents, held on Wednesday at Akinyele Local Government Area (LGA) of Ibadan.
The News Agency of Nigeria (NAN) reports that the programme was held in collaboration with the Oyo State Emergency Management Agency (OYSEMA) in Akinyele LGA and other stakeholders.
Olanrewaju said Akinyele LGA was selected for the awareness campaign because of its strategic location as a trailer route from the northern to the southern part of the country.
“These agencies felt that it was necessary to bring this important message to critical stakeholders in communities under the Akinyele LGA, where we have major trailer parks.
“The campaign kick-started in Ogun; we will soon move to Osun.
“The focus is to drive strong sensitisation against the scooping of fuel at the grassroots level, especially for local governments along the trailer routes to reduce needless loss of lives and property,” he said.
He charged the Federal Road Safety Corps (FRSC) and other relevant agencies to enforce the laws against underage driving and ensure the proper certification and retraining of drivers.
The Administrative Secretary of OYSEMA, Mrs Ojuolape Busari, said that Community Development Associations (CDAs) were involved in the campaign to reach a larger number of people.
Busari noted that people still scoop fuel from accidented tankers because there had not been any serious punishment attached to the offence.
She, therefore, called for stiff penalties for anyone caught perpetrating the act.
“Apart from the risk of fire outbreak that may occur during the practice, it is stealing, which is a serious offence,” she said.
Earlier, the Executive Chairman of Akinyele LGA, Hon. Akinwole Akinyele, suggested that fuel transportation should be handled through the rail system, while leaving tankers for intra-city fuel transportation.
The chairman called for an urgent review of laws and policies related to fire services and road safety to meet the urgent and modern demands.
He said that the implementation of stricter fuel transportation regulations, vehicle maintenance, drivers’ training and retraining, and safer fuel handling practices remained crucial to the fuel distribution system in Nigeria.
“The attendant costs of tanker fire accidents have been huge, both in terms of the high number of fatalities and the loss or destruction of property, environmental damage, and public infrastructure,” he said.
NAN reports that the event featured technical sessions, lectures, and presentations from the FRSC, Nigeria Security and Civil Defence Corps (NSCDC), Fire Service, traditional and market leaders, among others.
…To Confer National Honours On Select Lawmakers
President Bola Ahmed Tinubu will deliver a presidential address before a joint session of the National Assembly today as part of events marking Nigeria’s Democracy Day celebration.
The event is scheduled to be held in the House of Representatives chamber of the National Assembly Complex, Abuja.
This was confirmed in a statement released on Sunday by the spokesperson of the House of Representatives, Hon. Akin Rotimi.
The statement referenced an internal memorandum issued by the Clerk of the House, Yahaya Danzaria, officially notifying lawmakers of the proceedings.
According to the memorandum, the special joint sitting will begin at 11:00 a.m. with preliminary activities before the arrival of President Tinubu, who is expected at noon.
Democracy Day is observed annually on June 12 in remembrance of the 1993 presidential election, widely regarded as Nigeria’s most credible poll since independence.
The election was won by Chief Moshood Kashimawo Abiola but was annulled by the military government led by General Ibrahim Babangida (retd).
The theme for the 2025 celebration is “26 Years of Democracy: Renewing Our Commitment to National Development.”
President Tinubu is attending the event as the Special Guest of Honour and is expected to use the platform to reflect on the state of Nigeria’s democracy and present his administration’s vision for the future.
The session will also feature goodwill messages from former presiding officers of the National Assembly.
Meanwhile, the President will confer national honours on select legislators in what organisers describe as part of efforts to recognise contributions to democratic governance.
The National Assembly views the event as an important marker of Nigeria’s political evolution.“This joint sitting represents a significant moment in Nigeria’s democratic journey,” the statement read.
“It underscores the pivotal role of the National Assembly in safeguarding democratic values, fostering accountability, and advancing national development over the past 26 years of uninterrupted civil rule.”
Lawmakers also used the occasion to urge Nigerians to reflect on the country’s democratic progress and to renew their commitment to national unity and inclusive governance.
“The House of Representatives calls on all Nigerians to embrace the spirit of Democracy Day as a time for reflection, renewed patriotism, and commitment to building a more inclusive, prosperous, and united nation,” the statement said.
Meanwhile, the Federal Government has declared today as a public holiday, to commemorate this year’s Democracy Day celebration held every June 12.
June 12 was officially designated as Nigeria’s Democracy Day in 2018, to honour the annulled 1993 presidential election, widely considered the freest and fairest in the nation’s history and won by Chief MKO Abiola.
In a statement announcing the holiday, the Minister of Interior, Dr Olubunmi Tunji-Ojo, on behalf of the Federal Government, congratulated citizens on the occasion of 26 years of uninterrupted democratic rule in the country.
“June 12 represents our historic journey to building a nation where truth and justice reign, and peace is sustained and our future assured,” Tunji-Ojo stated.
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