TITLE OF THE ARTICLE: The Law and Practice of Trial within Trial in Nigerian Criminal Justice: An Appraisal
AUTHORS:
L.E. EFFIONG, LL.M, BL, Lecturer, Nigerian Law School, Bwari-Abuja.
E.O. OLOWONONI, LL.M, BL, Lecturer, Nigerian Law School, Bwari-Abuja.
ABSTRACT:
It is trite that an accused is presumed innocent until proved guilty and where the guilt of an accused cannot be proved he will be entitled to a discharge and acquittal. The law is “he who asserts must prove.” No citizen should be put through the rigors of a trial in a criminal proceeding unless available evidence points prima facie to his complicity in the commission of a crime. In proving the guilt, prosecutions often rely on confessional statement allegedly made by the accused. This paper seeks to discuss the law and practice of the procedure of trial within trial in criminal prosecution in Nigeria and also to examine judicial attitude to the procedure which has become part of our criminal justice system in spite of the absence of the Jury system in Nigeria. Attempt will be made to critically examine both the arguments for and against the continuous retention of the practice and procedure of trial within trial in our criminal jurisprudence.