FAIR HEARING AND THE ABOLITION OF INTERLOCUTORY APPEALS IN CRIMINAL PROCEEDINGS IN NIGERIA

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FAIR HEARING AND THE ABOLITION OF INTERLOCUTORY APPEALS IN CRIMINAL PROCEEDINGS IN NIGERIA

Abstract:

The Nigerian criminal justice system has long been marked by challenges in ensuring the right to a fair hearing for accused individuals. This abstract explores the intricate relationship between the concept of a fair hearing and the recent abolition of interlocutory appeals in criminal proceedings in Nigeria.

Fair hearing, a fundamental right enshrined in both domestic and international legal instruments, is pivotal to safeguarding the rights and dignity of individuals accused of criminal offenses. Historically, interlocutory appeals allowed defendants to challenge legal decisions during the course of a trial, potentially leading to delays and inefficiencies in the criminal justice process.

In a significant departure from this tradition, Nigeria’s criminal justice system underwent a transformation with the abolition of interlocutory appeals. This change aimed to streamline the legal process, expedite trials, and reduce the backlog of cases within the judiciary. However, it also raised concerns about the potential infringement of the accused’s right to a fair hearing.

This abstract examines the implications of abolishing interlocutory appeals on the fair hearing rights of accused individuals in Nigeria. It delves into the challenges and benefits of this reform, considering how it affects the balance between judicial efficiency and the protection of individual rights. Drawing on legal analysis, case studies, and relevant jurisprudence, it evaluates whether the new approach aligns with international human rights standards and constitutional provisions.

The research also explores alternative mechanisms that can ensure a fair hearing while maintaining judicial efficiency. These mechanisms may include enhanced case management techniques, robust pre-trial processes, and the use of interim remedies.

In conclusion, this abstract highlights the intricate relationship between fair hearing and the abolition of interlocutory appeals in Nigerian criminal proceedings. It underscores the need for a delicate balance between judicial efficiency and the protection of individual rights in the pursuit of a fair and just criminal justice system. The ultimate goal is to ensure that Nigeria’s criminal justice system remains responsive to evolving societal needs while upholding the principles of fairness and justice for all accused individuals.

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