Legal Issues in Remand Proceedings under the Administration of Criminal Justice in Nigeria

Abstract

The Administration of Criminal Justice Laws in Nigeria that replaced the Criminal Procedure Code and the Criminal Procedure Act has brought “Remand Proceeding” as part of her innovation. This however appears in all regard as legislating and legalising the condemned “Holding Charge”. This innovative provision was greeted with heated disdain, disapproval and unwelcome criticism. It is seen as unconstitutional and contrary to the policy of criminal litigation procedure. It was held to have usurp the right to personal liberty, dignity and fair hearing of an accused defendant whose remand order will be handed down based on anex-parte application. This discourse investigates these assertions based on the principles and laws governing criminal litigation in Nigeria. The objective is to determine the significance velnon of the Remand Proceeding and its constitutionality. This piece founds that, the provisions dealing with remand proceedings are complementary to the constitution and serves the need of criminal litigation to curb the excesses of the prosecuting authorities. The significance therefore outweighs the perceived disadvantages of the procedure.