PRESUMPTION OF INNOCENCE AND BURDEN OF PROOF AS CRITICAL ELEMENTS OF THE ADVERSARIAL SYSTEM OF CRIMINAL JUSTICE IN NIGERIA

Abstract

Under the adversarial system of criminal justice administration in Nigeria, certain elements are required for any just and fair criminal trial. Of these elements, two of them are most critical. They are the presumption of innocence in favor of a suspect/defendant and the burden of proof placed on the prosecution to prove the guilt of the defendant beyond reasonable doubt. These elements are the key foundations upon which other elements for a just and fair trial rests. They enjoy constitutional flavor. This paper examines the meaning, nature, and application of the above-mentioned elements. It further interrogates the extent to which the presumption applies to those under investigation. It finds that media trials are common in Nigeria among security agencies. The paper therefore recommends that the National Assembly should take steps to amend section 36(5) of the Constitution of the Federal Republic of Nigeria 1999 to accommodate suspects. Alternatively, the Supreme Court may adopt the argument of the Respondents in Aig- Imoukhuede v Ubah to hold that the appropriate interpretation to the phrase "charged with a criminal offence" as used in Section 36(5) is "accused of a criminal offence." Law enforcement agents are also advised to call its officers to order. The research methodology adopted in this work is doctrinal.