de l'Homme >> ; de m?me que les dispositions contenues dans l' Art. 7 de la Charte Africaine des Droits
de l'Homme et des Peuples, ceux de la Déclaration Universelle des Droits de l'Homme et l'Art. 36
× 36. (1) 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. (2) 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 a law that affects or may affect the civil rights and obligations of
any person if such law - (a) 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 that person; and (b) contains no provision making the determination of the administering authority
final and conclusive. (3) The proceedings of a court or the proceedings of any tribunal relating to the
matters mentioned in subsection (1) of this section (including the announcement of the decisions of the
court or tribunal) shall be held in public. (4) Whenever any person is charged with a criminal offence, he
shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a
court or tribunal:
Provided that (a) a court or such a tribunal may exclude from its proceedings persons other than the parties thereto or
their legal practitioners in the interest of defence, public safety, public order, public morality, the welfare of
persons who have not attained the age of eighteen years, the protection of the private lives of the parties or
to such extent as it may consider necessary by reason of special circumstances in which publicity would be
contrary to the interests of justice; (b) if in any proceedings before a court or such a tribunal, a Minister of
the Government of the Federation or a commissioner of the government of a State satisfies the court or
tribunal that it would not be in the public interest for any matter to be publicly disclosed, the court or tribunal
shall make arrangements for evidence relating to that matter to be heard in private and shall take such
other action as may be necessary or expedient to prevent the disclosure of the matter. (5) Every person
who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty;
Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any
such person the burden of proving particular facts.
(6) Every person who is charged with a criminal offence shall be entitled to - (a) be informed promptly in the
language that he understands and in detail of the nature of the offence; (b) be given adequate time and
facilities for the preparation of his defence; (c) defend himself in person or by legal practitioners of his own
choice; (d) examine, in person or by his legal practitioners, the witnesses called by the prosecution before
any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on his
behalf before the court or tribunal on the same conditions as those applying to the witnesses called by the
prosecution; and (e) have, without payment, the assistance of an interpreter if he cannot understand the
language used at the trial of the offence. (7) When any person is tried for any criminal offence, the court or
tribunal shall keep a record of the proceedings and the accused person or any persons authorised by him
in that behalf shall be entitled to obtain copies of the judgement in the case within seven days of the
conclusion of the case. (8) No person shall be held to be guilty of a criminal offence on account of any act
or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be
imposed for any criminal offence heavier than the penalty in force at the time the offence was committed (9)
No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal
offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence
having the same ingredients as that offence save upon the order of a superior court. (10) No person who
shows that he has been pardoned for a criminal offence shall again be tried for that offence. (11) No person
who is tried for a criminal offence shall be compelled to give evidence at the trial. (12) Subject as otherwise
provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is
defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to
an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the
provisions of a law.
de la Constitution de 1999, du Nigéria, pour appuyer ses arguments, et demander ? la Cour de Justice de
la CEDEAO :
5