SHARI’A SABANIN HANKALI
We Investigate. We Ask Questions. Then We Explain What the Law Says.
ISSUE 3 — MONDAY, 5 OCTOBER 2026
KANO: THE RIGHT TO LEGAL REPRESENTATION — WHAT DOES THE LAW SAY ABOUT AN ACCUSED PERSON?
By Alfijir Labarai
In Issue 2, we examined the issue of remand and explained that:
REMAND IS NOT A CONVICTION.
We also examined bail and the legal procedures that apply to an accused person while a case or other judicial process is ongoing.
In this Issue 3, we continue our examination with another important question:
IF A PERSON IS ACCUSED AND BROUGHT BEFORE A COURT, WHAT DOES THE LAW SAY ABOUT THEIR RIGHT TO LEGAL REPRESENTATION?
THE RIGHT TO A LAWYER
Under Section 269 of the Kano State Administration of Criminal Justice Law 2019, an accused person may conduct their case through a legal practitioner or defend themselves personally, subject to the specific provisions of the law concerning serious offences punishable by death.
This shows that Kano law recognises the importance of legal representation in the defence of an accused person.
But there is an important distinction:
THE RIGHT TO LEGAL REPRESENTATION DOES NOT MEAN THAT THE LAW REQUIRES EVERY ACCUSED PERSON TO HAVE A LAWYER IN EVERY CIRCUMSTANCE.
The law also allows an accused person, in circumstances permitted by the law, to defend themselves.
WHAT IF THE PERSON IS ON REMAND?
The law also addresses this situation.
Section 269(2) provides that where an accused person is in custody or on remand, they shall be allowed access to their legal practitioner at any time.
Therefore, being on remand does not mean that an accused person loses access to legal advice or representation.
In simple terms:
REMAND DOES NOT REMOVE AN ACCUSED PERSON’S RIGHT TO HAVE ACCESS TO THEIR LAWYER.
CAN A PERSON DEFEND THEMSELVES WITHOUT A LAWYER?
Kano law allows an accused person, in circumstances recognised by the law, to defend themselves personally.
However, where the accused chooses to do so, the court has a duty to inform the person of their rights and the consequences of making that choice.
This is important because defending oneself in court is not something that should be taken lightly.
A person who does not understand legal procedures may face difficulties in presenting evidence, asking questions or properly presenting their defence.
Therefore, the fact that the law allows a person to defend themselves does not mean that legal assistance is unimportant.
WHAT IF THE OFFENCE IS A SERIOUS ONE?
For an offence punishable by death, Section 269 provides for legal representation, subject to the provisions dealing with an accused person who declines representation after being informed of the consequences of doing so.
This highlights the importance of legal representation, particularly in cases involving serious offences.
DOES THE COURT HAVE A DUTY TO INFORM THE ACCUSED OF THEIR RIGHTS?
Yes.
Section 273 of the Kano State Administration of Criminal Justice Law provides that before an accused person enters a plea, the court shall inform the accused of their rights under Section 269.
The law also provides that the court must be satisfied that the charge has been read and explained to the accused in a language they understand.
This shows that understanding the charge against an accused person is an important part of the procedure provided by law.
WHAT DOES THIS MEAN FOR THE ORDINARY CITIZEN?
For someone who has little knowledge of the legal system, appearing in court can be difficult.
They may hear terms such as:
“He has been arraigned.”
“He has been remanded.”
“The charge has been read to him.”
“The case has been adjourned.”
But these stages do not mean that the person has already been found guilty.
Likewise, being in custody or on remand does not mean that the person has lost access to a lawyer.
This is why legal awareness is important for the public.
WHAT DOES KANO LAW SHOW?
After examining the relevant provisions of Kano law, the following points are clear:
1. An accused person may conduct their case through a legal practitioner or defend themselves personally, subject to the law.
2. A person in custody or on remand has the right to access their legal practitioner at any time.
3. Where an accused person chooses to defend themselves, the court is required to inform them of their rights and the consequences of that choice.
4. In an offence punishable by death, the law provides for legal representation, subject to the provisions concerning an accused person who declines legal representation after being informed of the consequences.
5. Before an accused person enters a plea, the court is required to inform them of their rights under Section 269.
DOES THIS MEAN EVERY ACCUSED PERSON MUST HAVE A LAWYER?
This is where the wording matters.
The law gives an accused person the right to conduct their case through a legal practitioner.
But the law also allows the person, in circumstances provided by the law, to defend themselves personally.
Therefore, it would not be accurate to simply say:
“Every accused person must have a lawyer.”
It would also be inaccurate to say:
“An accused person does not need a lawyer.”
The question that should be asked is:
WHAT DOES THE LAW APPLICABLE TO THAT PARTICULAR CASE SAY?
SHARI’A SABANIN HANKALI QUESTIONS
In Issue 3, we ask:
DOES AN ACCUSED PERSON KNOW ABOUT THEIR RIGHT TO LEGAL REPRESENTATION?
And if the person is in custody or on remand:
IS THE PERSON BEING GIVEN ACCESS TO THEIR LAWYER AS PROVIDED BY LAW?
FROM ISSUE 2 TO ISSUE 3
In Issue 2, we asked:
WHAT DOES REMAND MEAN?
In Issue 3, we move to:
WHAT DOES THE LAW SAY ABOUT AN ACCUSED PERSON’S RIGHT TO LEGAL REPRESENTATION?
This is the approach we will continue to use:
WHAT HAPPENED.
WHAT THE AUTHORITIES SAY.
WHAT THE COURT DECIDED.
WHAT THE LAW SAYS.
AND WHAT QUESTIONS STILL REQUIRE ANSWERS.
WE WILL NOT PASS JUDGMENT THROUGH THE MEDIA
Shari’a Sabanin Hankali is not a programme for passing judgment on people through the media.
We will not treat an allegation as established fact.
We will not replace the court.
We will investigate.
We will ask questions.
We will consider relevant information.
And we will explain what the law says.
Because when we talk about justice:
EVIDENCE AND THE LAW ARE OUR FOUNDATION.
THE BIG QUESTION FOR ISSUE 3
THE RIGHT TO LEGAL REPRESENTATION:
DOES AN ACCUSED PERSON KNOW THEIR RIGHTS?
SHARI’A SABANIN HANKALI
We Investigate. We Ask Questions. Then We Explain What the Law Says.
By Alfijir Labarai
Truth • On Time • Reliable
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