Know Your Right, You Deserve Fair Hearing No Matter What – Barrister Gbile

Know Your Right, You Deserve Fair Hearing No Matter What – Barrister Gbile

By Sola Aderinto,

A legal luminary has revealed that irrespective of the type of crime one may commit, or may have been allege of committing, such a person deserves fair hearing.

Barrister Seyi Gbile made this known in his weekly publication on The Law and You: Free Legal Services.

He asserted that Section 36(1) Constitution of the Federal Republic of Nigeria 1999 as amended provides for fair hearing.

According to law, “you are entitled to defend yourself anytime your rights or obligations are to be determined.”

Speaking further, he stated that the meaning of this, in the position of the law is that your rights and obligations cannot be determined anywhere behind your back.

“If you are accused of any wrongdoing, a final decision or judgement cannot be reached, and the question as to whether or not you are guilty should not be determined unless you are given an opportunity to fully defend yourself in the court of law.”

Barrister Seyi Gbile postulated the following points for full understanding of knowing ones rights:
1. There must be a court or tribunal which must give you an opportunity to defend yourself
2. The panel must be impartial
3. This right cuts across all positions and activities, either public or private;
It covers any instance in which your rights or obligations are to be determined
4. Even if your opponent is a government or official body, an impartial court or tribunal must be constituted to hear you.
5. If a body; official, professional, or governmental, is empowered to probe you: a) you must be allowed to defend yourself
b) the body or organization must not be the final determinant of your rights. You must be able to proceed from there to court or tribunal

Finally, he explained that the court, or tribunal where one would be allowed to defend his or her rights must hold its proceedings in public.

He urged everyone to know their rights and obligations under the law, a knowledge which he affirmed may save life.

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