Legal Maxim: NEMO DEBET BIS VEXARI PRO UNA ET EADEM CAUSA

—Compiled by Lkite Adedeji Adebusuyi Raphael 

NEMO DEBET BIS VEXARI PRO UNA ET EADEM CAUSA: meaning, "No one should be tried twice in respect to the same matter"

This is a Latin phrase in criminal law otherwise known as, rule against double jeopardy and is primarily applicable in common law jurisdictions. It is a defence that prevents an accused person from being tried or punished again on the same (or similar) charges following an acquittal in the same jurisdiction.

Under the Nigerian Legal System, Section 36 (9) of the 1999 Constitution in support of the maxim provides thus:

 

“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 a criminal offence having the same ingredients as that offence save upon the order of a superior court.”

Also Learn About Other Maxims

• ACTUS REUS NON FACIT REUM NISI MENS SIT REA
• EX TURPI CAUSA NON ORITUR ACTIO