Rearrest of Discharged Suspects and Reinstitution of Remand Applications in Magistrate Courts: An Abuse of Judicial Powers

Rearrest of Discharged Suspects and Reinstitution of Remand Applications in Magistrate Courts: An Abuse of Judicial Powers

Victor, a 25-year-old man was reported by his employer to have defrauded his company of about 70? Million Naira. The Police immediately arrested Victor and remanded him for 2 weeks before taking him to the Court on an ex parte motion for a remand proceeding. The application for the remand of Victor was granted by the sitting Magistrate and a return date was given to the applicant for 14 days, according to law. The investigation was suspended as the nominal complainant was nowhere to be found.

Victor's remand was extended 3 consecutive times without any result of the investigation or case diary to the Ministry of Justice. The Magistrate, thereafter, issued a hearing notice to the State Commissioner of Police and the Attorney General of the State to show cause why the remand proceeding should not be terminated, seeing that the remand period as stipulated by law had elapsed and there is no investigation or legal advice.

The officer from the Ministry of Justice, to save the situation, took over the case from the Police and asked for an adjournment to do the needful which was granted but, on the next adjourned date, legal advice was not ready as no investigation was probably done.

In line with the law and being that the liberty of the suspect is being abused, the Court ordered his discharge and termination of the remand proceeding after 76 days.

Victor was glad and so happy because he had not been charged with any offence since he was arrested some months ago and he had been wallowing in detention but, his joy was short-lived because immediately he stepped out of the Court premises, he saw a team of policemen who strolled towards him and rearrested him. Victor was taken to the very Police Station where he started his incarceration journey some months ago and another round of journey began. He wallowed in the cell for another full month before being taken to another Magistrate Court in the vicinity on a new motion ex parte for remand proceeding.

The circle continues.

The above scenario is the plight of an average Nigerian suspect under the criminal justice system and it is one of the strong reasons why inmates awaiting trial are more than those already convicted. Statistics show that the latter has about 31% while the former has 69%.??

In the last decade, we have watched remand proceedings evolve more than substantive criminal trials and the Magistrates Courts are mandated to handle them for a stipulated period. Remand proceeding is provided for in the Administration of Criminal Justice Act(ACJA) and it is mainly for thorough investigation of suspected persons. The same law has been domesticated by all the States in Nigeria.

The cumulative period of a remand proceeding is 56 which is 14 days in four stages after which a Magistrate Court may terminate the pretrial and investigatory suit if no legal advice emanates or if there is no charge against the suspect in question.

Legal advice is usually drafted by the office of the Attorney General of a State through the Director, Public Prosecution, after investigation by the Police and, it is supposed to state whether or not a prima facie case is established against the suspect.

The practice is that if there is a case to answer, the suspect shall be charged for the revealed offence(s) before an appropriate Court with jurisdiction. On the other hand, if the suspect has no case to answer or there is no evidence from an investigation carried out by the Police, there is usually a suggestion for the discharge of the suspect.

On the right of compensation by a person wrongfully arrested and remanded see my article which tackles unnecessary arrest and unwarranted remand of innocent persons.

The ACJA also provides that the Court shall not sit over a case which it has concluded under remand proceeding and its decision is final, whether it be a referral to a higher court for prosecution or a discharge.

Moreover, the suspect is not to be detained AD INFINITUM as the seriousness of an allegation should spur the Prosecution to do the needful on time.

WHAT SHOULD BE DONE BY THE POLICE AFTER A SUSPECT IS DISCHARGED BY A COURT OF LAW?

The Police and other Law enforcement agencies do not have the power to rearrest and reinstitute a remand application against a suspect after the official remand period of 56 days as stipulated by Law.

The rearrest of discharged suspects and reinstitution of remand proceedings before another court is an abuse of judicial powers and must not be condoned.

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A digitized central registry with details of suspects is needed to curb this menace and abuse in all the States of the Federation. Moreover, Lawyers whose clients are rearrested and re-arraigned should raise the alarm immediately and Magistrates before whom remand applications are brought should go ahead and verify by asking the suspects some questions whether they have been on remand proceedings before.

POSER: What will happen if the Police change the alleged offence(s) in a subsequent remand application?

It should be noted that the remand period is for investigation and nothing less. It behoves any investigatory body to do its job neatly within the stipulated days spanning almost two months.

This is a call out to the #Nigeria Police, the DSS and other Law enforcement agencies to live up to their expectations and complete investigations on allegations of crimes promptly.

That way the case diaries shall be transmitted to the relevant Ministry of Justice/ Attorney General Office on time and Legal Advice shall be out before the stipulated lapse of 56 days.

I suggest 28 days for prompt investigation by the Police and another 28 days for drafting of the legal advice by officers from the Attorney General's office.

This is also a call out to all complainants in Nigeria who are fond of only lodging complaints at the Police Stations, serving as pointers for the arrest of suspects, and relaxing on their beds to see the suspects languishing in pretrial detention without more. Some of these nominal complainants go as far as switching off their phones thereby leaving the Law enforcement agencies clueless and the suspects who are sometimes innocent languishing in detention.

Some of these complainants are in the habit of punishing their enemies by fabricating them with heavy-duty accusations such as homicide, armed robbery, and abduction charges, before vanishing into the thin air of obscurity. It is time to rethink because the tides are changing and Courts shall start enforcing compensatory measures for victims of false accusations of crimes.

The Police are urged to do the needful within the stipulated time and to avoid rearresting of suspects, especially when they have passed through the stipulated period without investigation. The only option open to the Police after a suspect has been discharged by the Court from a remand proceeding is to have him taken to a Court with jurisdiction on a charge for arraignment and prosecution.

Doing an investigation promptly helps the criminal justice system in no small measure.

The Police are also to be wary of the fact that Magistrate Courts are not fun Courts to be tossed to and fro with jostling remand applications.

The officers manning the Magistrate Courts are fully aware of the practice of reinstituting remand suits in Courts after they have been terminated before another. Magistrates are not in any way excited about this trend by law enforcement agencies and the earlier it is curbed, the better.?

Finally, the Heads of Courts, are enjoined to have a digitalized central registry for the respective states, to put stakeholders in the administration of justice on their toes and in upholding the human rights of citizens of Nigeria. A digitized central registry with details of suspects is needed to curb this menace and abuse in all the States of the Federation.

Moreover, Lawyers and members of International Federation of Women Lawyers (FIDA Nigeria) / the Nigerian Bar Association HQ whose clients are rearrested and re-arraigned should raise the alarm immediately and, Magistrates before whom remand applications are brought should go ahead and verify by asking the suspects questions whether they have been on remand proceedings before.

With the digital central registry which must have details of remanded suspects, if a discharged suspect who has passed through the mandatory time of incarceration without investigation is brought for another remand circle, a red alert will pop up to show that he/ she has been remanded before.

The central registry is suggested in the ACJA and it helps in the organization of cases without much stress.

The Nigerian Correctional Service / Centres are not left in this trending process. Imagine an officer calling upon a waiting arresting officer to inform him about when a discharged suspect is being released from the detention centre! This is to facilitate the suspect's re-arrest. There is a need to enforce the Oath of Secrecy for all public officers in Nigeria.

This article is in no way encouraging the loosening of criminals into the society but to ensure that stakeholders endued with some responsibilities carry them out within stipulated time, protect the human rights of citizens, and avoid abuse of judicial powers of the Courts concerned.

As written by Unekwu Odiba

#Magistrate

#Remandproceedings

#Rearrestof suspects

#Police

#LawEnforcementAgency

#HumanRights

#CriminalLaw

#ACJA

#NBA

#AbuseofJudicialPowers