Nemo debet bis vexari pro una et eadem causa is a Latin legal maxim that means "no one ought to be tried or punished twice for the same offence". This principle is also known as the double jeopardy clause, and it is a fundamental aspect of criminal law in Nigeria and around the world.
The principle of Nemo debet bis vexari pro una et eadem causa is designed to protect individuals from being subject to multiple prosecutions for the same crime. The double jeopardy clause ensures that once an individual has been acquitted or convicted of a crime, they cannot be tried again for the same offence. This principle is important because it helps to prevent individuals from being subject to harassment, abuse of legal process, and other forms of injustice.
In Nigeria, the principle of Nemo debet bis vexari pro una et eadem causa is enshrined in Section 36(9) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). This section provides that "no person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial".
This principle applies not only to criminal trials but also to civil proceedings. For instance, if an individual has already been sued and a judgment has been delivered in a civil case, they cannot be sued again for the same cause of action.
It is important to note that the principle of Nemo debet bis vexari pro una et eadem causa does not apply in certain circumstances. For instance, if new evidence comes to light after a person has been acquitted of a crime, they may be retried for that offence. Additionally, if an individual is acquitted in a lower court and then convicted in a higher court, they may still be punished for the same offence.
In conclusion, the principle of Nemo debet bis vexari pro una et eadem causa is a fundamental aspect of criminal law in Nigeria and around the world. It ensures that individuals are protected from being subject to multiple prosecutions for the same crime, which is essential for ensuring justice and preventing abuse of legal process. While there are exceptions to this principle, it is an important safeguard against injustice and a cornerstone of the legal system.
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