AN ASSESSMENT OF REMAND PROCEEDINGS UNDER THE KEBBI STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW, 2020 OTHERWISE KNOWN AS HOLDING CHARGE.

The concept of holding charge or remand proceedings involving suspects accused of committing capital offences is one of the relics of unconstitutional practices that have proven to have held the liberty of defendants/suspects accused of committing capital offence to ransom.These concepts were obtainable in the defunct criminal procedure code applicable in northern Nigeria and Criminal procedure Act applicable in southern part of this country.However with enactment of the Administration of Criminal Justice Act by the national Assembly in 2015 and the subsequent domestication of the Act by some states of the federation making it laws, it was expected that the unconstitutional practice could have been cured by the Act and Laws of different states.Regrettably, most of the administration of criminal justice law of some states retained the unconstitutional practice by even strengthening its grip on it through empowering the Magistrate Courts to grant applications for remand until proper trial by the police and other prosecuting agencies" applications, Administration of criminal justice law of Kebbi State inclusive.The research employs doctrinal legal research methodology, analyzing primary and secondary legal sources.This paper subjects the Administration of criminal justice Law of Kebbi State 2020 to the test of the constitution vis--vis pronouncements of the superior courts, thereby critically examining whether the law is not unconstitutional and in contrast with some judicial authorities on the subject-matter.The paper found and concludes that the practice is in collusion with the constitution and decided authorities, The paper finally recommends that both the prosecutors and the courts not only in Kebbi state should always be wary and resist being swayed by the nature of the allegations against a suspect, they must strive to jealously protect the liberty of individuals accused of committing offences no matter how heavy the allegations are.

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Publication Details

Journal
UDUS Law Journal
Published
2026-02-24
DOI
https://doi.org/10.61955/zcgzfk
Primary Topic
Bangladesh Politics, Society, and Development
Type
article
Field-Weighted Citation Impact
0.00
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article

AN ASSESSMENT OF REMAND PROCEEDINGS UNDER THE KEBBI STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW, 2020 OTHERWISE KNOWN AS HOLDING CHARGE.

MUSTAPHA MUSTAPHA
UDUS Law Journal
Bangladesh Politics, Society, and Development
article

AN ASSESSMENT OF REMAND PROCEEDINGS UNDER THE KEBBI STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW, 2020 OTHERWISE KNOWN AS HOLDING CHARGE.

MUSTAPHA MUSTAPHA
article en

Abstract

The concept of holding charge or remand proceedings involving suspects accused of committing capital offences is one of the relics of unconstitutional practices that have proven to have held the liberty of defendants/suspects accused of committing capital offence to ransom.These concepts were obtainable in the defunct criminal procedure code applicable in northern Nigeria and Criminal procedure Act applicable in southern part of this country.However with enactment of the Administration of Criminal Justice Act by the national Assembly in 2015 and the subsequent domestication of the Act by some states of the federation making it laws, it was expected that the unconstitutional practice could have been cured by the Act and Laws of different states.Regrettably, most of the administration of criminal justice law of some states retained the unconstitutional practice by even strengthening its grip on it through empowering the Magistrate Courts to grant applications for remand until proper trial by the police and other prosecuting agencies" applications, Administration of criminal justice law of Kebbi State inclusive.The research employs doctrinal legal research methodology, analyzing primary and secondary legal sources.This paper subjects the Administration of criminal justice Law of Kebbi State 2020 to the test of the constitution vis--vis pronouncements of the superior courts, thereby critically examining whether the law is not unconstitutional and in contrast with some judicial authorities on the subject-matter.The paper found and concludes that the practice is in collusion with the constitution and decided authorities, The paper finally recommends that both the prosecutors and the courts not only in Kebbi state should always be wary and resist being swayed by the nature of the allegations against a suspect, they must strive to jealously protect the liberty of individuals accused of committing offences no matter how heavy the allegations are.

UDUS Law Journal
Usmanu Danfodiyo University (NG)
Peace, Justice and strong institutions
Openalex Percentile: Top 46%
Bangladesh Politics, Society, and Development
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