Values III: Opportunity to Defend Oneself – SS1 Civic Education Lesson Note (First Term)

The opportunity to defend oneself is the right to give your own side of the story before anyone judges you, and to protect yourself against attack.

Behavioural objectives

1. Explain what is meant by the opportunity to defend oneself.
2. Explain what self-defence is.
3. State the rights of an accused person under the fair hearing rule.
4. State the benefits of having the opportunity to defend oneself.
5. List ways of protecting oneself from being attacked.

What does the opportunity to defend oneself mean?

It means a person accused of wrongdoing is allowed to reply before a decision is made.

• Fair hearing: a person accused of wrongdoing is allowed to reply before a decision is made.
• Both sides heard: the accuser and the accused each present their case.
• Latin rule: audi alteram partem means “hear the other side”.
• Legal backing: the 1999 Constitution of Nigeria (Section 36) guarantees the right to fair hearing.

Why is it unfair to judge a person without hearing him or her?

It is unfair because only one side of the story is known.

• Unfairness: only one side of the story is known.
• Partiality: the judge favours the accuser without proof.
• Injustice: an innocent person may be punished.
• Bitterness: the person punished unheard may seek revenge, and conflict grows.

Where does this opportunity apply?

It applies in every place where a person can be accused or punished.

• Home: parents listen to a child before punishing him or her.
• School: a teacher or prefect hears a student before a disciplinary decision.
• Community: elders or leaders hear both parties in a dispute.
• Court: an accused person answers the charge before judgement.

How is a fair hearing carried out?

A fair hearing follows six steps in order.

1. Tell the person clearly what he or she is accused of.
2. Allow the accuser to state the complaint.
3. Allow the accused to reply and explain.
4. Listen to any witnesses from both sides.
5. Judge on the evidence and the content of each defence.
6. Announce the decision fairly.

What rights does an accused person have under Section 36 of the 1999 Constitution?

Section 36 gives an accused person the right to a fair hearing in court, with several protections.

• Presumption of innocence: a person is treated as innocent until proved guilty.
• Information: the person must be told the offence in detail, in a language he or she understands.
• Time to prepare: the person must have enough time and facilities to prepare a defence.
• Choice of lawyer: the person may defend himself or herself, or use a lawyer of his or her choice.
• Witnesses: the person may question the witnesses against him or her and call his or her own.
• Interpreter: a person who does not understand the language of the court may have an interpreter free of charge.

What is self-defence?

Self-defence is the act of protecting oneself against attack or something harmful.

• Use of force: it can mean using reasonable force to protect oneself from someone attacking us.
• Reasonable force: the force used should be no more than is needed to get safe.
• Security consciousness: every person should be alert in society so that sudden danger does not catch him or her unprepared.

How do the two meanings of defence differ?

• Defending your side of a story: giving your own account when you are accused, so that judgement is fair.
• Physical self-defence: protecting your body and life from an attack or danger.

What are the benefits of the opportunity to defend oneself?

The opportunity to defend oneself reduces conflict, prevents injustice and promotes peace.

1. It reduces conflict in society: when people can defend themselves, issues are settled in a friendly way without getting worse.
2. It prevents injustice: judgement is passed on the content of each party’s defence.
3. It promotes peace in society: society is peaceful where there is justice and fairness.
4. It protects the innocent: a false accusation can be shown to be false.
5. It builds trust: people trust parents, teachers, leaders and courts that listen to everyone.

How can a person defend himself or herself against being attacked?

A person can avoid attack by being careful about friends, places, dressing, gifts and personal safety.

1. Choose friends carefully: be careful about the type of people you keep as friends.
2. Avoid night clubbing: it makes you open to physical and emotional attacks. It can also lure you into hard drugs and other immoral acts that can ruin your future dreams and aspirations.
3. Dress decently: avoid provocative dressing, especially in public.
4. Be careful with gifts: do not accept a gift when you doubt the source and the motive behind it.
5. Avoid lonely places: do not walk alone in dark or isolated areas, especially at night.
6. Tell a trusted adult: report threats to parents, teachers or the police early.
7. Keep personal details private: do not give your address or other details to strangers.

Evaluation

1. What is self-defence?
2. Why is it unfair to judge a person without hearing his or her side of the story?
3. State three benefits of the opportunity to defend oneself.
4. Mention four ways of protecting yourself from being attacked.
5. State the Latin rule that means “hear the other side”.

Assignment

Explain three benefits of the opportunity to defend oneself.