o
"Nunugwo was picked up by fficers of the intelligence and special
operation section (ISOS) of the EFCC following a complaint that he
had allegedbt defrauded one Ole l{nana Kalu to the tune of N63, 600,
00.00.
80.
"
In another print media of the Vanguard, the statement was again reported
as
follows:
"The late lVunugwo allegedly fraudulentbt obtained lVglm from an
acquaintance after he tricked her into believing that he had high net
worth business associates in Dubai t-lnited Arab Emirates..."
81.
The Court notes that from the excerpts of the media print reproduced above,
late Mr. Nunugwo was not publicly declared guilty of the charges levied
against him. The statement merely averred that the deceased was affested in
connection with an "alleged" criminal act of defraud, and he confessed to
committing the said crime. The right to presumption of innocence prevents
State authorities from considering or treating a person as guilty until he has
been declared guilty by a competent Court. However, it is permissible for the
authorities to inform the public of the name of a person who has been arrested
or made a confession to committing a crime. After all, confession statement
has to be proved in court to establish its validity.
82.
In MR. OUSMANE GUIRO v. BURKINA FASO ECWCCJ/JUD/L5/17
@
page B, unreported, the Court in its consideration held that:
"the mere statements, even made by politicians, do not sffice to
constitute violation of presumption of innocence. Such violation shall
be deduced from concrete facts and real harms suffered, notably as
found within the colffse the proceeclings, ancl not from
mere
statements ".
25
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