LIMITS TO DURATION OF CRIMINAL TRIALS IN NIGERIA: TIME FOR THE COURTS TO COALESCE RIGHT TO FAIR HEARING WITH RIGHT TO PERSONAL LIBERTY

Abstract

Criminal trials in Nigeria most times last for a long period of time. Nigerian Constitution has two provisions bothering on this issue. The first provision found in section 35 (4) on right to personal liberty seems to place a time duration on criminal trials in Nigeria. The other provision contained in section 36 (4) on right to fair hearing leaves the duration of criminal trials in Nigeria indefinite as long as it is concluded within a “reasonable timeâ€. Nigerian courts and lawyers have overwhelmingly leaned towards the latter provision while viewing the former provision as mainly concerned with bail applications. In this paper, we advocate that if the courts and lawyers coalesce its reading of section 35(4) which is part of the section on the right to personal liberty and sections 36 (4) and (5) on the right to fair hearing, they will find the constitutional stipulated duration for criminal trials in Nigeria to be two or three months.