THE STATE OF HUMAN RIGHTS IN NIGERIA 2005 - UNDP Nigeria ...

CHAPTER THIRTEENACCESS TO JUSTICE AND INDEPENDENCE OF THE JUDICIARY“The State social order is founded on ideals of freedom, equality andjustice. In furtherance of the social order – The independence, impartiality and integrityof courts of law, and easy accessibility thereto shall be secured and maintained. ”Section 17 (1)(2)(e) of the 1999 Constitution of the FederalRepublic of NigeriaAny person who is arrested or detained in accordance with section (1)(c) of this sectionshall be brought before a court of law within a reasonable time and if he is not triedwithin a period of­(a) two months from the date of his arrest or detention in the case of a personwho is in custody or is not entitled to bail; or(b) three months from the date of his arrest or detention in the case of aperson who has been released on bail.He shall (without prejudice to any further proceedings that may be brought against him)be released either unconditionally or upon such conditions as are reasonablynecessary to ensure that he appears for trial at a later date.Section 35(4) of the 1999 Constitution of the Federal Republic of Nigeria.“The National Assembly shall make provisions:i. For the rendering of financial assistance to any indigent citizen of Nigeria,where his rights under this Chapter has been infringedor with a view to enabling him to engage the services of a legalpractitioner to pursue his claim.”Section 46 (4)(b) of the 1999 Constitution of the FederalRepublic of Nigeria“Every individual shall have the right to have his cause heard. This comprises: (a) the right toan appeal to competent national organs against acts of violating his fundamental rights asrecognized and guaranteed by conventions, laws, regulations and customs in force; (b) theright to be presumed innocent until proved guilty by a competent court or tribunal; (c) the rightto defense, including the right to be defended by counsel of his choice; (d) the right to be triedwithin a reasonable time by an impartial court or tribunal.”Article 7, African Charter on Human and Peoples' RightsStates parties to the present Charter shall have the duty to guarantee theindependence of the Courts and shall allow the establishment and improvement ofappropriate national institutions entrusted with the promotion and protection of therights and freedoms guaranteed by the present Charter.Article 26 of the African Charter on Human and Peoples' Rights.1. Everyone has the right to liberty and security of person. No one shall be subjected toarbitrary arrest or detention. No one shall be deprived of his liberty except on suchgrounds and in accordance with such procedure as are established by law.79