UNIT 12
TRIAL (PRESENTATION OF THE CASE FOR THE DEFENCE)
In criminal litigation, the presentation of the case for the defence is a critical phase where the accused has the opportunity to contest the evidence presented by the prosecution and to present evidence and arguments that support their case. This stage is crucial in ensuring a fair trial and upholding the principle of justice. Under Nigerian law, every accused person has the right to present their defence. This right is enshrined in the constitution of Nigeria and is fundamental to the justice system. See section 36(6) of the 1999 constitution which guarantees that every person charged with a criminal offence shall be entitled to a fair hearing, which includes the right to defend themselves and the case of Akinyemi v. The State (2013) LPELR-22379(CA) where the court of appeal affirmed that the right to a fair hearing, which includes the right to present a defence, is a fundamental right of the accused. The methods of presenting the defence includes the following:
- Cross-examination of prosecution witnesses: The defence can challenge the credibility and reliability of the prosecution's witnesses through cross-examination. This involves questioning witnesses presented by the prosecution to test their testimony and uncover inconsistencies or biases. See the case of State v. Iroegbu (2019) LPELR-47852(CA) where the court emphasized the importance of cross-examination as a means for the defence to challenge the prosecution's case and expose any weaknesses.
- Calling defence witnesses: The defence may call witnesses to testify on their behalf. These witnesses can provide evidence that supports the accused’s version of events or refutes the prosecution’s claims. See section 287 of the criminal procedure act (CPA) which allows the accused to call witnesses and present evidence in their defence and the case of Nwobodo v. The State (2019) LPELR-48772(CA) where the Court of Appeal held that the trial judge must consider the evidence presented by the defence witnesses before reaching a verdict.
- Adducing documentary evidence: The defence may also present documentary evidence to support their case. This can include documents, records, or other written materials relevant to the case. See section 89 of the evidence act 2011 which governs the admissibility of documentary evidence in Nigerian courts and the case of Abdulkareem v. State (2018) LPELR-43951(CA) where the court ruled that documentary evidence tendered by the defence was crucial in disproving the prosecution’s allegations.
- Submission of no case to answer: If the prosecution's case is deemed insufficient to sustain a conviction, the defence may apply for a dismissal of the case based on a submission of no case to answer. This submission argues that the evidence presented by the prosecution does not meet the required legal threshold for a conviction. See section 303 of the CPA which provides for the submission of no case to answer and the case of Ojo v. State (2015) LPELR-25670(CA) where the court discussed the criteria for a successful submission of no case to answer, emphasizing that the prosecution's evidence must be critically assessed.
- Defence testimony: The accused can choose to testify on their own behalf. This testimony allows the accused to present their side of the story directly to the court. However, the accused is not obligated to testify, and their decision not to do so cannot be used against them. See the case of Olanrewaju v. State (2020) LPELR-50147(CA) where the court of appeal highlighted that while the accused has the right to testify, their failure to do so should not be construed as an admission of guilt.
CONCLUSION
The presentation of the case for the defence is a fundamental part of the criminal trial process in Nigeria. It ensures that the accused has the opportunity to challenge the prosecution’s evidence, present their own evidence, and argue their case. The rights and methods associated with this phase are designed to uphold justice and fairness within the Nigerian legal system.