Adegboruwa claimed that sections 221 and 306 of the Administration of Criminal Justice Act, 2015, which prohibited his client from seeking a stay of proceedings in his trial before Justice Ibrahim Buba, were infringing on
his constitutional rights to fair hearing.
Not exact matches
«The
right to a
fair hearing, and the
right to open justice, are among the most fundamental of all our basic
constitutional rights,» she said.
The circumscription of his
constitutional right to the dignity of self, freedom of expression and
fair hearing denotes that there is a desperate attempt
to scare him into submission.
Characterizing its practice as a «general practice for a specialized clientele,» the firm provides legal advice and expertise
to handle any and all needs of a school district, including
fair dismissal personnel issues, allegations of employment discrimination and EEOC complaints, other personnel disputes, student discipline issues, student tribunal
hearings, civil
rights claims, personal injury actions, federal and state
constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.
... In light of the fundamental
constitutional rights at stake, before a judge finds that a defendant has forfeited his
right to counsel and imposes the extreme sanction of denying an indigent defendant the assistance of counsel at trial or otherwise, she must first conduct a
hearing at which the defendant has a full and
fair opportunity
to offer evidence as
to the totality of the circumstances that may bear on the question of whether the sanction of forfeiture is both warranted and appropriate.
The
constitutional question presented by this case is whether members of the public have a First Amendment
right to insist upon access
to the transcript of a preliminary
hearing during the period before the public trial, even though the accused, the prosecutor, and the trial judge have all agreed
to the sealing of the transcript in order
to assure a
fair trial.
Before a judge orders the forfeiture of the defendant's
constitutional right to appointed counsel based on the defendant's misconduct, the judge must give notice of and conduct a
hearing in which the defendant is given a full and
fair opportunity
to show why so severe a sanction should not be imposed.