Is summary trial of copyright crimes consistent with right to fair hearing?

Nkem Itanyi, Sylvester Ndubuisi Anya

Research output: Contribution to journalArticlepeer-review

1 Citation (Scopus)

Abstract

Copyright is listed in the exclusive legislative list1 in the Constitution of the Federal Republic of Nigeria 1999 (as amended).2 Accordingly, relevant statutes vest original jurisdiction over copyright matters in the Federal High Court.3 The Federal High Court Act provides that the Federal High Court should adopt summary trial in all criminal proceedings before it.4 Thus, persons accused of criminal infringement of copyright are tried summarily at the Federal High Court. Meanwhile, Section 36(6)(a) and (b) of the Constitution guarantees the right of every person charged with a criminal offence to prompt and detailed information on the nature of the offence against him and the right to be given adequate time and facility for the preparation of his defence. This paper contends that summary trial of persons accused of copyright crimes at the Federal High Court is inconsistent with these constitutionally guaranteed rights to fair hearing. The paper recommends amendments to the law to enable the trial of copyright offences to be by information.

Original languageEnglish
Pages (from-to)219-236
Number of pages18
JournalInternational Journal of Private Law
Volume8
Issue number3-4
DOIs
Publication statusPublished - 2017

Keywords

  • Constitution of the Federal Republic of Nigeria
  • Constitutional guarantee
  • Copyright act
  • Copyright crime
  • Court
  • Information
  • Proof of evidence
  • Right to fair hearing
  • Summary trial

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