AN EXAMINATION OF LEGAL PROTECTIONS AND RIGHTS GUARANTEED TO DEFENDANT IN THE NIGERIA CRIMINAL JUSTICE SYSTEM

Abstract

The Nigerian criminal justice system is designed to uphold the legal protections and rights guaranteed to 
defendants, as enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as amended) and 
other relevant statutes. This paper examines the basic rights and protections guaranteed to the defendants 
which include the presumption of innocence until proven guilty, the right to a fair and public hearing by an 
impartial Court, the right to legal representation, and protection against self-incrimination. Additionally, 
defendants are entitled to be informed of the charges against them, to have adequate time and facilities to 
prepare their defense, and to examine witnesses.  It also considers the legal framework safeguarding 
defendants' rights in Nigeria, The 1999 Nigeria Constitution, The Evidence Act, The Police Act, The 
Correctional Service Act, Administration of Criminal Justice Act (ACJA) 2015 which introduced significant 
reforms aimed at reducing delays in trials, preventing arbitrary detention, and promoting respect for human 
rights. Also, Legal Aid Act 2011, Anti-Torture Act 2017, African Charter on Human and Peoples’ Rights 
(Ratification and Enforcement) Act 1983, International Covenant on Civil and Political Rights (ICCPR), 
Universal Declaration of Human Rights (UDHR). It identify some challenges by highlighting  the gaps in 
implementation, overcrowded prisons, prolonged pretrial detention, limited access to legal aid/legal 
representation, Corruption and Abuse of Power, Judicial Delays, and systemic inefficiencies persist, 
undermining the full realization of these rights. It thus emphasizes the need for sustained judicial reforms, 
Strict Enforcement of Human Rights Laws, capacity building, Improved Legal Aid Services and public 
awareness to ensure that the principles of justice, fairness, and equity are upheld in the criminal justice 
system.