DOCKING THE DEFENDANT IN CRIMINAL TRIAL IN NIGERIA: A CRUCIFIXION BEFORE CONVICTION

Abstract

Justice is concerned that the use of the dock impacts the defendant’s right to fair trial, particularly, effective participation in one’s defence, preserving the presumption of innocence and maintaining dignity in the administration of justice as mandated by European convention on human rights and international human rights. These rights have long been protected by our domestic legal system, the European convention on human rights and international human rights law. This paper examines the adverse effect of the criminal dock in courtrooms on the defendants. It finds that the dock impacts on fairness in the criminal trial and is disproportionate to any perceived threat. It is recommended that open docks should no longer be used and defendants should sit with their legal team. There should be a presumption that all the defendants sit in the well of the court, behind or close to their advocate. Where security concerns exist, a procedural hearing should be held to satisfy the court that additional security is required. Open docks should no longer be used and defendants should sit with their legal team.