Self-representation for court wey Nnamdi Kanu wan do dey lawful under Nigerian law?
Di leader of di separatist group for Nigeria di Indigenous People of Biafra, Ipob, leader Nnamdi Kanu tok say e go defend imsef afta im lawyers withdraw from im case.
Dis move don dey generate reaction And dey make pipo wonder if e dey possible.
Kanu bin confam dis one for court as e wan begin im defence for di terrorism charges Nigeria govment sama am on Thursday.
So do question na if e dey legal for pesin to do so.
To dis question, Associate Professor of Public Law for di Rivers State University, Ritchard Wokocha say yes, a citizen of Nigeria get right to defend imsef by imsef for court.
Prof. Wokocha say self-representation in court dey lawful under di Nigerian law, as e dey guaranteed by Section 36(6)(c) of di 1999 Constitution.
E say dis constitutional right allow any individual wey dey charged with a criminal offence to defend demsefs by demsef or by a legal practitioner of dia choice.
"Evri Nigerian get right to represent imsef and dis apply across all levels of court from di magistrates Court to di Supreme Court.
However, just becos you fit do so, no always mean say you suppose do so. Legal proceedings involve complex procedures, timelines, rules of evidence, and di ability to navigate arguments. Courts no go give you special treatment just becos you no be lawyer."
Why pipo fit choose to represent demsefs?
Prof. Wokocha say some reasons wey make some pipo fit choose to represent demsefs for court include:
- Cost Concerns: Maybe di pesin no fit afford a lawyer as legal fees fit dey expensive, and no be evribodi fit afford to hire a lawyer.
- Compromise of lawyer: In a case wia di pesin feel say im lawyers no dey represent im case well or di lawyer dey compromised, di pesin fit decide say e go represent di mata by imsef.
- Personal belief and principle: Also, di pesin fit feel strongly and believe say na im fit present di case beta than anybodi else.
Wetin be di risks of self-represention?
Prof. Wokocha identify some risks wey pesin wey dey defend imsef by imsef for court fit face as:
- Lack of legal knowledge: Nigerian laws dey complex and without training, di pesin fit no understand di relevant statutes or judicial precedents, or even how to apply dem for im case.
- Procedural mistakes: Courts get strict rules and procedures wey lawyers dey follow as dem dey pursue a case bifor di court. So missing deadlines, filing di wrong documents at di wrong time or presenting di evidence improperly fit affect di outcome of di case.
- Emotional involvement: Di fact say pesin dey defend imsef by imsef mean say e dey personally and emotionally invested in di case and e fit lead to poor decision-making or emotional outbursts in court, wey if a lawyer wey dey trained dey handle am, e no go happen so.
- Difficulty to cross-examine witnesses: to question a witness, especially an expert or a hostile party require some skill and without training, e dey easy to lose control of di narrative.
- Facing skilled lawyers: Di fact say pesin decide to represent imsef no mean say di oda party too go represent imsef, so if di oda party get beta legal representation, di one wey self-represent fit dey at a disadvantage as di oda lawyer know di law and courtroom tactics wey di pesin wey dey do self-representation no know.
- Appeals and reviews: If di pesin lose im case and wish to appeal, any mistake e make for di trial level fit affect im chances at a higher court during appeal.
Self-representation get any benefits?
Despite di risk, self-representation get some advantages, especially with regards to di type of case and di level of preparedness:
- No legal fees: if e handle am entirely by imsef, di pesin go don save money wey e for pay as legal fees.
- E get full control: Di pesin dey in control of di case and fit decide how to present di case and wetin e go tok.
- E provide opportunity to learn about di legal system: Representing imsef fit give di pesim insight into how di legal system dey work.
Prof. Wokocha say yes, pesin fit represent imsef in a Nigerian court, but e must also weigh di risks carefully becos legal proceedings no just be about telling im side of di story, e involve navigating through a structured legal system wey require proper legal knowledge and strategic thinking.
"In many cases, hiring a lawyer not only just dey helpful, e fit dey essential to your success."
