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International Journal of
Law
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VOL. 8, ISSUE 5 (2022)
The jurisprudence of remand proceedings in Nigeria: A pre and post administration of criminal justice act 2015
Authors
Cletus Ojumu, Emeje Aruwa, Balami Deborah
Abstract
The concept of remand proceedings in Nigeria is now statutorily empowered by Section 293 of the Administration of Criminal Justice Act 2015, which Act was enacted to fill in the obvious lacuna created by the Criminal Procedure Code and Criminal Procedure Act. In remand proceedings, a suspect is arrested for an offence and brought to the Magistrate Court which does not have jurisdiction to try the offence for a remand order. The Act thus empowers the Police and other Security Agencies to obtain court orders from Magistrate Court to detain criminal suspects for a limited time to avoid running foul of the Constitutional time limit for arraignment. This work exposes the jurisprudence of remand proceedings in Nigeria, pre and post Administration of Criminal Justice Act 2015 and Laws of some States that have similar provisions. This exposition is achieved through doctrinal methodology of research which employs books, statutes, judicial authorities, journal articles and online materials. The paper finds that the Administration of Criminal Justice Act 2015 and Laws of some States that statutorily provide for remand proceeding merely re-enacted holding charge into our law and accords it statutory backing. It finds further that the Act gives Magistrate Court that lacks jurisdiction to try capital offences the powers to remand suspect alleged to have committed such offence. That remand proceedings is inconsistent with the constitutional right to personal liberty and fair hearing of the suspect. It concludes that remand proceedings under the Administration of Criminal Justice Act and Laws defeats the underlining purpose of the Act which is ensuring speed dispensation of justice. It recommends that the law enforcement agencies, must, at all times, in every case, conclude or carry out their investigation first, before arrest; that where offence to which a suspect is alleged to have committed is a capital offence, he should be taken to the court that has jurisdiction to try the case. The amendment of section 293 of the Administration of Criminal Justice Act 2015 and Laws of some States of the Federation of Nigeria to strip Magistrate courts off jurisdiction of remanding suspects of capital offences and putting same on the High Court’s is here also mooted.
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Pages:136-143
How to cite this article:
Cletus Ojumu, Emeje Aruwa, Balami Deborah "The jurisprudence of remand proceedings in Nigeria: A pre and post administration of criminal justice act 2015". International Journal of Law, Vol 8, Issue 5, 2022, Pages 136-143
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