Locating Criminal Persecution in Nigeria: The Lawyer and The Citizen

The asymmetric relationship between a lawyer and a citizen is sometimes disturbing. Left to chance, the oppression of the citizen by the lawyer can be cited in Nigeria with relative ease. In the rural Emu in Delta State incidences of trials tilting toward persecution had be fingered. The citizen was at the mercy of the lawyer who frequently resorted to his unique position to trigger legal process against the citizen because of pre-existing misunderstanding. This study adopted the content analysis of court processes involving the parties. It found that due to relative social inequality the citizen was often at the receiving end of the legal rod which the Counsel deployed to stigmatize the citizen as an ex-convict. The principle that motive had no role to play in criminal justice was drawn to a snapping limit and the principle of reasonable cause of action constantly resonated to cloak the subterranean ill will against the citizen due to personal animosity. Immunity against prosecution inured to Judges like Pilates while the citizen suffered from the ill-will of Counsel. It was recommended that motive should in appropriate cases be taken into consideration in criminal prosecutions or in review on appeal.