Legal Friend Initiative
KNOW YOUR RIGHT.
"You have the right to remain silent ....."
This is a statement most often made by d Police and other law enforcement agents when they are about to take the statement of a suspect.
Little did the suspect know dat by dis statement, he has absolute right to refuse to make any statement, whether in writing or otherwise.
The irony is that even the law enforcement agents do not know the value of these 'Words of Caution' as they are called. Thus, they make it mandatory for every suspect to make a statement.
The EFCC known to refuse the bail of suspects unless and until they make written statements.
ZARIA MASSACRE: NIGERIAN ARMY AND THE PRINCIPLE OF NATURAL JUSTICE
Since after the Zaria Massacre, where Nigerian soldiers opened fire and killed 33 peaceful protesters, including 3 sons of Sheikh El Zakzaky, a lot of things happened.
But the recent event captured the attention of Legal Friend, and we'll open it briefly.
There are 2 principles of Natural Justice that must be adhered to in administration of justice.
1. NEMO DAT QUOD NON HABEAT.
2. AUDI ALTAREM PATEM.
1. The 1st one means day no one shud be a judge in his own case. Therefore if u have a case against anoda person, u can't preside over investigation or trial of the case.
The Islamic Movemet in Nigeria accused the Nigerian Army for killing 33 of its members. Yet, the DHQ constituted investigation panel to probe the allegation. We submit that this's a clear violation of this principle of natural justice bcos the Army is a party in d matter, hence they can't preside over the investigation. An independent panel ought to be constituted where both parties will be heard.
2. The 2nd principle means the while hearing in a matter, you shud hear both sides. One is not expected to reach a conclusion in a matter without giving fair heraing to both parties.
In the instant case, the Nigerian Army did not invite members of the Islamic Movement to hear their own version of the event. But they invited them to go to their panel and depend themselves on what the army accused them of.
We humbly submit that these irregularities shud be dispensed with in any probe of any matter in Nigeria so as to ensure smooth administration of justice. Hence, we call on the Federal Government to constitute an independent panel to investigate the incident, where both the Nigerian Army and the Islamic Movement of Nigeria will be parties, and will go their and narrate their own version of the incident.
May justice prevail.
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