INTRODUCTION:
Before a court can exist it must be created by constitution or law. The 1999 constitution of the Federal Republic of Nigeria (as amended) provides for the number and types of court that exist in the country 1. These courts are saddled with responsibility to adjudicate on the rights and obligation of citizens and some with exclusive jurisdiction over particular subject matters. However, aside the courts that are directly the creations of Constitution, there are also others court which are created by the law of the State House of Assembly or Act of National Assembly for the purpose of dealing with special offences such as environment cases, financial crimes, sexual offences, traffic offences, corruption offences to mention but few. These courts are called special courts or special offences court.
It is worth note that some special courts such as Code of Conduct Tribunal, Election Tribunal are also creations of constitution, while Special offences Court such as sexual offences court, juvenile Court, environmental court, mobile court and so on are not creations of constitution and as such is capable of raising a doubtful thought in a thinking mind whether their existence is legal and whether it robs the citizenry right to a free and fair trial. This article aims to do legal surgery on the legality of creation of special offences court in Nigeria and whether it robs the citizenry of the right to free and fair trial.
WHAT IS SPECIAL COURT?
Special offences courts are those courts specifically created for the trial of specific offences. Some examples of special offences court are environment court, sexual offences court, mobile court, small claim court, financial crime court, and juvenile court to mention but few. These courts, unlike regular courts, are created and saddled with jurisdiction to try some specific offences.
THE LEGALITY OF SPECIAL OFFENCES COURT
It is imperative to note that apart from the courts that are stipulated under the constitution, the constitution also gives room for creation of other courts when it provides as follows "Nothing in the foregoing provision of this section shall be construed as precluding (a) the National Assembly or any House of Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of High court". 2 This entails that the constitution does not preclude the possibility of creating specially designated courts as the ones stipulated in the constitution. It therefore follows that the creation of the special offences court takes its life under the constitution of the Federal Republic of Nigeria 1999 (as amended). It is by virtue of the constitution that the National Assembly or State House of Assembly can enact law enabling the creation of special offences courts. It is on this constitutional stand that some states House of Assembly including the Lagos State House of Assembly enacted Special Offences Court Law establishing environmental court, sexual offences court, Mobile Court to specially try environmental cases, sexual offences and traffic offences.
By the aforementioned provision of the constitution it can be deduced clearly that the creation of a special offences court is legal and constitutional. However any special court created without the enabling Act of National Assembly or Law of the State House of Assembly can be said to be illegal and unconstitutional.
WHAT ARE THE REASONS/BENEFITS FOR CREATION OF SPECIAL OFFENCES COURT?
The creation of special offences court is targeted for special reasons which among others include:
EFFICIENCY
The need to improve efficiency of justice: Efficiency as speed in the administration of justice can be best achieved when courts specialize in adjudication of certain categories of cases.
UNIFORMITY
The creation of special courts with exclusive jurisdiction in certain areas of law increases uniformity of decision in these areas, thereby contributing to greater predictability and confidence in the courts and possibly, a decrease in the number of appeals. Uniformity in decision making leads to predictability and predictability reduces the need for litigation, lessens the likelihood that prospective parties will find legitimate grounds for going to court.
COMPETENCE AND SPECIALIZATION
It is a way of giving judges who are expert and knowledgeable in certain fields of law to specialize in adjudication of cases that arise from the areas of their expertise and giving the fact that they are competent to deliver needed justice in the case. Thus, it gives room for application of special knowledge in the field of administration of justice.
DOES THE CREATION OF SPECIAL OFFENCES COURT ROB THE CITIZENRY OF A RIGHT TO FREE AND FAIR TRIAL?
The creation of special offences court per se does not rob the citizenry of the right to free and fair trial rather it strengthens the citizens' right to free and fair trial. The creation of a special offences court provides an avenue for cases to be adjudicated by judges who are experts in a special field of law and this gives the confidence that fair decisions would be delivered by the judges or adjudicators. The right to free and fair trial is guaranteed under the constitution and any court (regular or special court) or tribunal is obligated to uphold the principle of free and fair trial.
CAN CITIZENS GET FREE AND FAIR TRIAL AT THE SPECIAL OFFENCES COURTS SINCE THEY ARE CREATED BY THE STATE THAT IS ALWAYS A COMPLAINANT AT THE PROCEEDINGS OF THE COURT?
Though the state is the creator of special offences court through the State House of Assembly by enactment of law, the personnel of special offences court(judges or magistrates) are bound to adhere to the principle of free and fair trial as provided under the 1999 constitution (as amended) in their proceedings.
The 1999 constitution (as amended) provides thus:
"In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality"
"without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of law that affects or may affect the civil rights and obligations of any person if such law-
Provides for an opportunity for the persons whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting the person 3"
The right to free and fair trial is a sacrosanct principle of law which every court (regular or special court) or tribunal must uphold otherwise its decision will be a nullity. The creation of a special court or special offences court per se does not rob the citizens of the right to free and fair trial. However special offences court may in its proceedings rob a citizen of the right to free and fair trial for instance where a special offences court fails to give a person opportunity to be heard and proceeds to give its decision.
It is based on this principle that our court posited that "the principle of audi alteram partem is a vibrant component of the principle of fair hearing or fair trial. Thus, a breach of the principle of fair hearing or fair trial has the implication of the Judge not acting as an impartial umpire.
Court whether regular and special offences court is expected to adhere strictly to the principle of free and fair hearing. Any special offences court that is not constituted in such a manner to secure its independence and impartiality is capable of denying the citizens right to free and fair trial.
CONCLUSION
To wrap it up, the creation of a special offences court is legal and constitutional and it comes with many benefits in the administration of justice in the judicial system. The creation of special offences court per se does not rob the citizenry of the right to free and fair trial. However, if it is not created without any Act of the National Assembly or Law of a State House of Assembly it is illegal and unconstitutional and where it is created but not constituted in a way to secure its independence and impartiality it is capable of robbing the citizenry of the right to free and fair trial.
Footnotes
1 Section 6(5) 1999 constitution as amended
2 Section 6(4) 1999 constitution (as amended)
3 Section 36 of the 1999 constitution (as amended)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.