LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Rights of Accused — Duty of Court to Assign Counsel in Capital Cases
PRINCIPLE STATEMENT
Where a person is accused of a capital offence, the State shall, if practicable, be represented by a legal practitioner, and if the accused is not defended by a legal practitioner, the court shall, if practicable, assign a legal practitioner for his defence.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, citing Section 352 of the Criminal Procedure Act, in Nwambe v. The State (1995) NLC-1091994(SC) at p. 10; Paras. C–D.
"Where a person is accused of a capital offence the State shall, if practicable, be represented by a law office, or legal practitioner and if the accused is not defended by a legal practitioner the court shall, if practicable, assign a legal practitioner for his defence."
EXPLANATION / SCOPE
Section 352 of the Criminal Procedure Act mandates legal representation for accused persons in capital cases. The court has a duty to assign counsel if the accused cannot afford one and if practicable. The principle ensures fair hearing in serious cases. The right to legal representation is fundamental. The failure to assign counsel may render the trial a nullity. The rule applies to murder, treason, and other capital offences. The court must record that the accused was informed of the right. The principle promotes access to justice for indigent accused persons.