Scrutinizing the Constitutionality of Remand Order Proceedings under the Administration of Criminal Justice Legislations in Nigeria: A Comparative Analysis

Abstract

The Constitution of the Federal Republic of Nigeria 1999 (as amended) hereinafter referred to as CFRN stipulates that any person who is arrested and detained should be brought before a court of law within a reasonable time. The Constitution did not leave the meaning of “reasonable time” to conjecture, rather, it defined same in a later provision. In order to circumvent or rather avoid breaching these provisions, the Law Enforcement Agencies resorted to filing what is referred to as “Holding Charge” usually in a Magistrate Court lacking jurisdiction, to enable them to continue and conclude investigation without incurring consequences attendant upon infringement of the Constitutional Rights of the suspects. This procedure (holding charge) became an avenue for abuses and corrupt practices as it brought unprecedented hardship on suspects in the hands of law enforcement agencies and nominal complainants. The evil and unpalatable experience of suspects and the concomitant damage it occasioned on the criminal justice system necessitated the search for a near perfect procedure to regulate situations where a suspect is arrested but investigation will extend beyond a “reasonable time” as contemplated under the CFRN. The outcome of this search is the emergence of “Remand Order Proceedings” in Nigerian Criminal Justice system. This work, adopting the doctrinal research approach, will consider the constitutionality or otherwise of holding charge and remand order proceedings as it relates to detention time limit in the various jurisdictions within and outside Nigeria.