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An analysis of the Sub judice rule in Nigerian legal jurisprudence


Raleke I. Nwangeneh

Abstract

This study explores the character of court authority by examining the common law offence of contempt, with exclusive focus on the rule  of Sub Judice in the Nigerian jurisprudence; but first a brief account of the use and enforcement of rule is introduced in some countries  jurisprudence. This research is undertaken to show that the Sub Judice rule represents a form of authority premised on the role of courts  in democratic societies in relation to the Mass Media and Free speech. Even though the rule strikes a balance between the rights to  freedom of speech and fair trial, protecting the integrity of the legal process from undue influence by the press, the courts still face a  plethora of difficulties occasioned by the free press and social media. The researcher is of the view that Sub Judice rule alone is  insufficient to reign in the tendency towards potentially prejudiced perceptions of the proceedings of a case occasioned by the ever  growing, dynamic and expansive local and global media environment even if it is conceded that it still has a hugely important role to play.       


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print ISSN: 2276-7371