Arraignment And Trial In Absentia In Nigeria: Lessons From The West

1. Introduction

The word ‘absentia’ is a Latin term meaning ‘absence’.¹ Trial in absentia occurs when a defendant is tried in his/her absence.² This practice developed from the need to ensure justice and remedy the plague of absconding defendants, a trend that frustrated the judicial process. However, the question of whether a criminal prosecution can validly proceed in the defendant's absence has remained one of the most contested issues in Nigerian criminal jurisprudence. This is because trial in absentia sits at the intersection of the right to a fair hearing and the state’s duty to ensure that justice is effectively carried out. While many argue that arraigning and trying a person in his absence is highly unjust and unconstitutional, others are of the view that striking out a criminal matter simply because a criminal is at large not only defeats the essence of the criminal justice system but also jeopardises the safety of other members of society.