[dropcap]T[/dropcap]he recent news on the emergence of Chidinma Ojukwu as winner of Miss Cell, the prime suspect of the murder of Mr. Usifo Ataga the late CEO of Super TV has thrown comments online from most shockingly a lawyer, former presidential aid, and social commentator Mr. Reno Omokiri with highly repulsive statements that Chidinma Ojukwu ought not to be seen to enjoy herself against the sorrow of the deceased family and no one should use the word “alleged” while referring to her.
This position is most embarrassing of a Legal Practitioner and very unreflective of the true position of the law in regards to the right of any suspect or accused person. The writer would therefore briefly examine the rights of any accused person like Chidinma Ojukwu against opinions of any social media commentators.
The right’s of an accused person as any individual is inalienable and unfettered. The right of such accused person should be seen to be protected unless in a manner as prescribed by the Constitution.
These rights include all the fundamental rights as guaranteed under Chapter IV of the 1999 Constitution as amended; save as provided therein. This importantly includes the rights to fare hearing, personal liberty, and human dignity as enshrined in S.35 &36 of the 1999 Constitution as amended inter-alia which results in the following entitlements,
- A) The right to be granted bail.
Yes, Chidinma Ojukwu like other accused persons is very much entitled to judicial bail albeit the stern approach of our court in murder cases and other capital offences pending the determination of the criminal suit
B)The right to a lawyer of own choice.
- C) The right to be provided adequate time and facility to her case.
In summary, the right of the accused person whether awaiting trail or under trail is unfettered, inalienable, and unextinquished. Where the appellate court observes that such rights such as fare hearing is manifestly derogated on record in any proceedings this would result into nullification of the whole trail processes.
The writer hereby reminds social commentators such as Reno Omokri and others, that the right of an accused is not extinguished for any reason pending the outcome of the final determination of the criminal suit. Thus such an accused persons as Chidinma Ojukwu has every right to pursue meaningful activities and purposes without equivocation pending determination of the criminal suit.
Bright Bebenimibo Esq. can be reached via 08103586886
The opinions expressed in this article are solely those of the author.
