LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Trial Within Reasonable Time — Factors for Consideration
PRINCIPLE STATEMENT
In determining what amounts to a fair hearing within a reasonable time, four factors must be considered: (1) length of delay; (2) reasons for the delay; (3) the defendant's assertion of his right to a speedy trial; and (4) prejudice caused by the delay to the defendant.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Okeke v. State (2003) NLC-2592000(SC) at pp. 60–61; Paras E–A.
"In determining what amounts to a fair hearing within a reasonable time, the nature and circumstances of each particular case must be taken into consideration. Four factors have been identified judicially as a guide: (1) Length of delay; (2) Reasons for the delay; (3) The defendant's assertion of his right to a speedy trial; and (4) Prejudice caused by the delay to the defendant."
EXPLANATION / SCOPE
The right to a speedy trial requires consideration of multiple factors. The principle applies to criminal trials. Delay alone is not determinative. The rule ensures a balanced assessment. The defendant must assert the right. The principle is well-established.
