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