Locating Criminal Persecution in Nigeria: The Lawyer and The Citizen.

Abstract:

The asymmetric relationship between a lawyer and a citizen is sometimes disturbing. Left to chance, the oppression of the citizen by the lawyer can be cited in Nigeria with relative ease. In the rural community of Emu in Delta State incidences of criminal trials tilting toward criminal persecution had be fingered. The citizen was at the mercy of the lawyer who frequently resorted to his unique position in the legal equation to trigger the law enforcement process against the citizen especially when he had pre-existing misunderstanding with the lawyer. This study adopted the content analysis of court processes involving the parties. It found that due to the relative social inequality of the parties the citizen was often at the receiving end of the legal rod which the Counsel employed to the point of stigmatizing the citizen as an ex-convict. The legal principle that motive had no role to play in criminal justice was drawn to a snapping limit! The principle of reasonable cause of action constantly came to play to cloak the subterranean ill will Counsel had against the citizen due to communal differences. Immunity against prosecution inures to Judges like a Pilate while the citizen suffered from the ill-will of Counsel. It was thusly recommended that motive should in appropriate cases be taken into consideration in criminal prosecutions or in review on appeal.