Legal Palace

Can a person be tried, found guilty and punished for the same offence twice?
well this question has been critically addressed by the law in what we know as the principle of Double Jeopardy, which is enunciated and represented in the Latin Maxim – Nemo Debet Bis Punire Pro Uno Delicto, which is translated in English to mean
“No One Ought To Be Punished Twice For The Same Offence.”
The principle of double jeopardy, in legal terms, prevents a person from being tried again for the same crime after they have been acquitted or convicted. It ensures that individuals are not subjected to multiple trials for the same offense, protecting them from being harassed by the legal system. This principle varies by jurisdiction and there are exceptions in certain situations, such as when new evidence comes to light.
In the US, this principle has and is applied in various cases. Notable among them, is the case of Brown v. Ohio (1977): In this case, the Supreme Court ruled that the Double Jeopardy Clause prevents the state from prosecuting a defendant for a greater offense after they have been convicted or acquitted of a lesser-included offense arising from the same conduct. This is to avoid punishing someone twice for the same underlying conduct.

Interestingly, Nigeria is not left out, as the principle double jeopardy have been applied to a plethora of cases, a few of which are the cases of:
Abacha v. State (2002): In this case, the Nigerian Supreme Court reaffirmed the principle of double jeopardy. The defendant argued that he had already been tried by a military tribunal for certain offenses and should not be tried again in a civilian court for the same offenses. The Supreme Court held that the defendant’s rights were not violated, as the two trials were conducted by different jurisdictions (military tribunal and civilian court).
Asari Dokubo v. Federal Republic of Nigeria (2007): This case involved the arrest and trial of the Niger Delta activist Asari Dokubo. He was first charged with treason and other offenses but was later released due to a lack of evidence. He was subsequently rearrested on related charges. The Court of Appeal held that his retrial did not amount to double jeopardy since the first trial was not concluded.
Enahoro v. Abacha (1998): While not exclusively about double jeopardy, this case involved Chief Anthony Enahoro’s challenge to his arrest and detention on the grounds of being charged for the same offense twice. The court’s ruling touched on the principle of double jeopardy, emphasizing that he could not be tried for the same offense twice.

Furthermore, our constitution consolidates and recognises the principle of Double Jeopardy.
in Section 36(9) of the 1999 Constitution of the Federal Republic of Nigeria. This section states:
“(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.”
This provision affirms the protection against double jeopardy by stating that once a person has been tried and either convicted or acquitted for a particular criminal offense, they cannot be tried again for the same offense or a similar offense with the same elements, except under the order of a superior court. This aligns with the fundamental principle that individuals should not be subjected to multiple prosecutions for the same act, ensuring their legal rights are safeguarded.

© Eberechi Justice 2023

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