OAU Students Arrested And Names Pubished as Criminals Without Trial: A violation of the Nigerian constitution - RICHARD SOLOMON

Within the axiom of every jurisprudential framework, there are certain concepts that are vital to effective administration of justice as a whole. Referencing the popular quote - "it is better to free 99 guilty men than punish innocent person". In essence, this article seeks to drive at the principle of presumption of innocence.

A succinct appraisal of the Nigerian legal system would reflect as it is effectively contained in Section 36(5) of the Nigerian Constitution. Need I say that the 1999 Constitution is the fons et origo and the grundnorm of all laws in the country.

On November 1, 2023, several students of Obafemi Awolowo University (OAU) were arrested and their names published as criminals in the media, without being proven guilty by a court of law. This is a clear violation of the Nigerian Constitution, which guarantees the right to a fair trial and the presumption of innocence.

The Nigerian Constitution, in *Section 36(5)*, states clearly on presumption of innocence
“*Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty*

In the same par with the *Universal Declaration of Human Rights, Article 14(2)* of the International Covenant on Civil and Political Rights also guaranteed the right to presumption of innocence, as follows:
*“Everyone charged with a criminal offence shall have the right to be presumed innocence until proved guilty according to law.*

This means that a person accused of a crime is considered to be innocent until they are found guilty by a court of law. It is against the law for anyone, including the media, to publish the name of a person accused of a crime before they have been convicted.

In addition, the Nigerian Constitution, in *Section 36(1),* states that:

*Every person shall be entitled to fair hearing in public by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality*

This means that everyone has the right to a fair trial before an impartial court of law. This right and provision is violated when the names of people accused of crimes are published in the media before they have been convicted.

For proper understanding, I would shed light through the following cases:

Saraki v. Federal Republic of Nigeria (2016) - In this case, the Code of Conduct Tribunal charged the Senate President, Bukola Saraki, with false declaration of assets. The Supreme Court emphasized the presumption of innocence and stated that the prosecution must prove the guilt of the accused beyond reasonable doubt. The court held that the rights of the accused, including the presumption of innocence, should be respected.

Alex Badeh v. Federal Republic of Nigeria (2018) - The Court of Appeal upheld the principle of presumption of innocence in this case. Alex Badeh, a former Chief of Defence Staff, was charged with corruption and fraudulent activities. The court held that the fundamental principle of presumption of innocence should be respected, and the prosecution failed to establish compelling evidence to prove the guilt of the accused.

Mohammed Abacha & Anor v. Federal Republic of Nigeria (2014) - In this case, the Supreme Court reiterated the principle of presumption of innocence. Mohammed Abacha, the son of the late Head of State, Sani Abacha, was charged with money laundering. The court held that the presumption of innocence remains in favor of the accused until proven guilty beyond reasonable doubt. The court emphasized the need for the prosecution to establish a prima facie case against the accused to justify continuation of the trial.

This action by the EFCC is a clear violation of the their fundamental human rights as guaranteed which are sacred and sacrosanct and must not be trampled upon by anybody. The government must take steps to protect the rights of these students and EFCC must go through the proper procedures of making lawful arrest as provided in our laws.

Conclusively, it is only proper that the Economic and Financial Crimes Commission bring down every post published regarding their names and as well issue a public apology.

Is there proof their names were published as "criminals" as against the media rushing to publish names?

We wait for debunked and false claims as usual