One of the most obvious signs that the Nigerian judicial system is a fail, is the Nigerian law’s approach to evidence.

In the United States of America for instance, evidence that is gotten in a way that’s illegal or merely ‘bad’ is referred to as ‘Fruit of the Poisonous Tree’ and will infect everything else gotten through that process no matter how well done. So for instance, if you get excellent evidence that is sure to convict this horribly criminal old lecher of a man…but you get it by breaking and entering into his house, the evidence you’ve gotten; no matter how perfect for your case and able to indict the old lecher, is tainted and the court will not let you use it to convict a criminal. The court will not allow you violate Old Lecher’s basic right to privacy, even where doing so may stop a greater evil. It’s about the principle and a desire to not set precedents that may be abused in future.

*Enter my country Nigeria*

In Nigeria even where evidence is gotten as a clear and direct result of police brutality, once it is brought before the court, it is automatically ‘sanctified’ and can be used for any purpose, including for punishing a criminal.

On one hand, that’s good for us because it means criminals logically cannot evade punishment due to a loophole in the law. However, let’s think on it…are the Americans silly? Wait, don’t answer that. Sure, it seems as though they may be protecting criminals, but in the end theyre protecting everyone in their society because you can logically trust the law to protect even your most basic rights; like your right to privacy.

How can a judicial system function uphold the law when it doesn’t even pay cognizance to the most fundamental rights of every citizen, no matter how evil, like the right to privacy or small personal liberties?

I had a discussion with some lawyers about this today and it really got me winded. No one seems to understand how in the name of stopping a more grievious evil, we are permitting the gradual erosion of our fundamental liberties. It’s not about the fact you’re stopping a greater evil, it’s the message you’re sending to every other citizen, “You are not protected by the law, in your own country.”

#LawReform

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