LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Rights of Accused — Power of Court to Assign Counsel in Capital Cases
PRINCIPLE STATEMENT
Where the offence charged involves capital punishment on conviction and the accused person is not defended by a legal practitioner, the court under section 352 of the Criminal Procedure Act is enjoined and, indeed, bound to assign a legal practitioner for his defence.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Okon v. The State (1995) NLC-571994(SC) at p. 9; Para. E.
"Where, therefore, the offence charged involves capital punishment on conviction and the accused person is not defended by a legal practitioner, the court under section 352 of the Criminal Procedure Act is enjoined and, indeed, bound to assign a legal practitioner for his defence."
EXPLANATION / SCOPE
Section 352 of the Criminal Procedure Act mandates the court to assign counsel in capital cases where the accused is not represented. The duty is mandatory, not discretionary. The principle applies to all capital offences. The court must ensure that the accused has legal representation. The rule protects the accused’s right to a fair trial. The assigned counsel must be competent and diligent. The court will not proceed without assigning counsel.