An Appraisal of the Right of Representation by Legal Practitioners of One's Choice Under the 1999 Constitution of Nigeria

Abstract

This write-up is under-taken to examine the fundamental right of representation by legal practitioners of one's choice provided in the constitution of the Federal Republic of Nigeria, 1999 and espoused by other statutes in the Federation. This article has therefore, examined the position of the right as entrenched in the constitution and other statutes in the> country and has examined the judicial interpretations in respect of various cases decided by the court concerning this right and has revealed how the courts by their interpretation has extended the contours of this right by taking it to the corridors of bias and partiality which is frowned at by the constitution. The Supreme Court in attempt to ensure that a litigant who is charged with a capital offence and is so poor to afford the services of legal practitioner of his choice should be assisted by a Judge in presenting the facts of his case, has put the court and the Judge in a position to unconsciously descend into the arena of the trial thereby violating the demand of him to act throughout criminal proceedings as unbiased umpire. The state is also discovered to have brought itself to be part of the ‘.election of counsel of one's choice in capital offences where an accused per capital income is below N5,000 per annum and the law enjoined the state in that circumstance to assign a legal practitioner to represent and assist such an indigent accused in his trial. So this right which is intended to be personally enjoyed and i" Faculty of Law, Benue State University, Makurdi, Benue State. exercised by an accused person at the end of the day, is been exercise by an accused person with the assistance of the courts and the state in deserving circumstances. Introduction This paper is principally written to examine and highlight the right of representation by a legal practitioner of one's choice provided in the constitution of the Federal Republic of Nigeria, 1999 and supported by the provisions of various substantive and adjectival laws such as the African Charter on Human and Peoples (Ratification and Enforcement) Act,1 the Criminal Procedural Code,2 Criminal Procedure Act, 2004, Legal Practitioners Act.1 The paper has critically examined and reviewed the various provisions of the laws aforementioned that have provided for the right of representation by counsel of one's choice and has exposed through various cases decided by the courts in Nigeria concerning the enforcement and protection of this right. It has further exposed how the courts in the process of interpretation have stressed the significance of this right and extended its principle to allow the court or Judges to assist as defence counsel concerning litigants who are charged before them for capital offences or serious crimes who are so poor that they cannot afford the services of legal practitioners of their choice in presenting their defence. It has also highlighted that, the suggestion made by the Supreme Court above, is a poor substitute in assisting an accused an accused person who is charged with serious crimes and is assisted to reap the benefit of the right of representation at all cost. The suggestion by the supreme court that persons charge with capital offences must be assisted by the court in the course of their trial has over stretched this constitutional principle to the corridors of bias and has impinged on the principle of fan¬ hearing provided by the constitution which requires that all courts and tribunals for the determination of the civil rights