O. RITA OHIRO

This study undertakes a comprehensive examination of the Nigerian legal framework governing bad character evidence, with a specific focus on its judicial application and implications for the presumption of innocence and right to a fair trial. Employing a doctrinal approach, this research conducts a comparative and critical analysis of relevant statutes, case laws, and international instruments, including the Evidence Act (Amendment Act) 2023, the Universal Declaration of Human Rights (1948), and the International Convention on Human and People's Rights (1966). The study reveals inconsistencies in the application of bad character evidence by Nigerian courts, inadequate protection of the accused's presumption of innocence, and potential prejudice against the accused. The research also identifies gaps in the existing legal framework, including the lack of clear guidelines for the admissibility of bad character evidence and inadequate safeguards for accused persons. To address these issues, this study proposes reforms aimed at clarifying the admissibility criteria for bad character evidence, enhancing judicial training on the subject matter, introducing additional safeguards for accused persons, and aligning the Nigerian framework with international best practices. The study concludes by emphasizing the need for a balanced approach that takes into account the interests of justice, the rights of the accused, and the integrity of the criminal justice system.