Author(s): Samuel A Akanibo

Abstract: One of the fundamental principles of the criminal justice system and indeed the Nigerian constitution is the right of fair hearing of an accused person irrespective of the alleged criminality. This right if denied by whosesoever notwithstanding the circumstances of such violation, could result to massive fundamental rights abuse including extra judicial killing. Therefore a victim of extra judicial killing whose death depicts unlawfulness, illegality and /or systemic impunity by members of the security agencies is entitled to the fundamental right of fair hearing among other enforceable rights. However, these enforceable rights of the victims of extra judicial killings, very often are not recognized, respected and observed by the perpetrators of extra judicial killings due to impunity on the part of the security agencies, issues of court’s jurisdiction, cause of action, non-justiciability of chapter two of the constitution among others. This state of affairs this paper suggests, can be altered if the security agencies adopt more of electronic intelligence gathering measures in tackling crimes, perpetrators of extra judicial killings prosecuted in the regular court other than trial by court-martial, deliberate steps taken to protect/ensure the safety of representatives/families of victims of extra judicial killing and their witnesses from intimidation and retaliation during trial.

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