Publication

The recent judgment delivered by Chief Magistrate Tope Aladejana of the Ondo State Magistrate Court, which sentenced Benjamin Andrew to three years imprisonment without proper trial, raises critical concerns about the administration of justice in Nigeria. In Section 36(6), the Nigerian Constitution guarantees every accused person the right to a fair trial, including the presumption of innocence until proven guilty. This principle is foundational to our criminal justice system and cannot be compromised, regardless of the nature or frequency of the alleged crime.
 
In the case of DEMSA LOCAL GOVT v. JOKEMS (NIG) LTD(2012) LPELR-20864(CA), the Court of Appeal held to the effect that the doctrine of fair hearing is an age-long principle embodied in the natural justice principle of "Audi alteram partem" which literally hear the other side. It is a right that gives parties equal opportunities to make representations with respect to the matter in contention, and a defendant's right to be heard and to have legal representation is sacrosanct. The absence of legal representation for Benjamin Andrew, coupled with his denial of the charges, should have triggered a more thorough examination of the evidence presented against him rather than a swift conviction based on assumptions.
 
According to Premium Times, the defendant’s plea of not guilty was effectively disregarded, and no adequate defense was afforded to him. This contravenes established legal principles and the provisions of the Administration of Criminal Justice Act (ACJA) 2015, which mandates that an accused person be granted every opportunity to present their defense before any judgment is passed. Convicting and sentencing a defendant without proper trial undermines the rule of law and threatens public confidence in the judiciary.
 
This case exemplifies the need for a rigorous review of judicial appointments, as echoed by legal practitioners, including HRF's Western Regional Coordinator Mr. Aliyu Yunusa. The judiciary, as the last hope of the common man, must operate with utmost integrity, fairness, and adherence to due process. Any deviation from this path risks eroding our society's very fabric of justice. The Ondo State Judiciary’s decision to investigate this matter is a commendable step toward restoring faith in the judicial system, and it serves as a reminder that justice must not only be done but must also be seen to be done.