The Right to Fair Hearing in Nigerian Criminal Courts: A Study of Magistrate Courts in Lagos State

📖 ABSTRACT/OVERVIEW

This study examines the extent to which the right to fair hearing, as guaranteed under Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), is upheld in magistrate courts across Lagos State. The right to fair hearing constitutes a foundational pillar of human rights jurisprudence, encompassing the principles of audi alteram partem and nemo judex in causa sua. Despite constitutional provisions and Nigeria's obligations under the African Charter on Human and Peoples' Rights, reports of procedural violations in lower courts remain prevalent. This research adopts a doctrinal and empirical approach, relying on court records, interviews with defense counsel, and observation of court proceedings in selected magistrate divisions within Lagos between 2022 and 2024. Findings indicate systemic delays, inadequate legal representation for indigent defendants, and inconsistent application of procedural rules. The study argues that structural underfunding of the judiciary and insufficient legal aid frameworks are primary contributing factors. Recommendations include legislative strengthening of the Legal Aid Act, capacity training for magistrates, and technology-driven court management systems. This research contributes to the growing body of literature addressing judicial efficiency and human rights compliance in Nigeria's lower courts. Keywords: fair hearing, magistrate courts, constitutional rights, legal aid, Lagos State.

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Departments# Human Rights Law