By Henry Barnabas Ehi, MICA (Expert in Dispute Resolution, Commercial Transactions, and Entertainment Law)
In criminal litigation in Nigeria, the journey through the legal system traverses distinct stages: pre-trial, trial, and post-trial. Each stage holds significance in shaping the outcome of a case.
Pre-trial proceedings serve as the preliminary phase, involving arrest and investigation to determine the merit of accusations before reaching the courts.
The objective here is to assess the substance of the allegations and decide whether to proceed with formal charges or not.
The trial stage stands as the cornerstone of the process, comprises of arraignment, evidence presentation, and judgment.
Following the conclusion of a trial, the law provides recourse for aggrieved parties dissatisfied with the court’s decision. The right to appeal exists for those on the receiving end of a judgment, with the option to seek execution of the court’s decision in cases where appeals are not pursued.
In the cases of Bobrisky and Cubana Chief Priest, both underwent the pre-trial phase involving arrest and investigation, followed by the trial stage. However, their legal strategies were different at this stage.
During arraignment, Bobrisky opted to plead guilty, a decision seemingly at odds with standard legal practice, as the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt. This raised questions about the quality of legal representation and the rationale behind such a plea.
The court, exercising discretion, imposed a jail sentence. In contrast, Cubana Chief Priest pleaded not guilty, thus initiating a trial where the prosecution must substantiate allegations through evidence and witness testimonies.
This approach affords the opportunity for a robust defense and challenges the prosecution to meet the burden of proof.
The disparity in legal representation between the two cases underscores the importance of choosing a competent legal team. Effective legal counsel can significantly impact the outcome of complex legal proceedings, demonstrating the pivotal role of legal expertise in navigating the intricacies of the legal system.
In essence, the disparate legal strategies employed by Bobrisky and Cubana Chief Priest highlight the critical role of legal representation in shaping the trajectory of criminal litigation, underscoring the need for prudent decision-making and competent legal advocacy.
