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Holding Charge Syndrome A Challenge in the Administration of Criminal Justice in Nigeria

Holding Charge Syndrome; A Challenge in the Administration of Criminal Justice in Nigeria

Project / Seminar Material
Reference ID: PS-6186-TM

DEDICATION

This research work titled "Holding Charge Syndrome; A Challenge in the Administration of Criminal Justice in Nigeria" is dedicated to God for his enabling grace and to all computer enthusiasts who help to make life a pleasant experience.

ACKNOWLEDGEMENT

I owe my indebtedness to my Supervisor (Name of your Supervisor), the Head of Department (Name of your HOD), the Lecturers in the department of Law, Book Authors and Profound Scholars of existing/related research material for your moral support that facilitated the successful completion of my (Tertiary Institution level). I am grateful to God Almighty and my parent for their financial support in my career. I really appreciate you all for everything, Thank you very much.

ABSTRACT

The criminal justice system revolves around three cardinal institutions: the police, court and prison. These institutions are partners in our failing criminal justice system, due to some practices that are inimical to the interest of society. Thus, the incalculable harm being wrecked on the Nigerian criminal justice system by the holding charge practice cannot be justified. Holding charge which involves the bringing of a suspect before an inferior Court that lacks jurisdiction to try him or her for the primary purpose of securing a remand order, in order to look for a prima facie evidence in support of the allegation against the suspect and thereafter abandon him or her in prison under the pretext of awaiting trial, leaves one to wonder whether the presumption of innocence is tenable in Nigeria. Holding Charge Syndrome

This is because under this practice, an accused is presumed guilty until he or she proves his innocence. Also, the crisis of congestion in our prison is the result of the holding charge practice. It is trite, that jurisdiction is the life-wire of any litigation whether civil or criminal and the base on which adjudication rest. It follows that there is obviously an anomaly in bringing a suspect for remand before a magistrate who has no power to impose penalty for the indictable offence allegedly committed by the suspect. Therefore, the practice by magistrate courts who lacked Jurisdiction in indictable offence, but goes on to remand the suspect under holding charge have been considered unconstitutional, because it is a threat to the accused person’s rights to personal liberty, dignity, and fair hearing granted by the 1999 constitution (as amended). However, some states laws have given the magistrate court the impetus to continue with this harmful practice without regard to the provisions of the grundnorm.

Consequently, this research work, in chapter one will take a look at the historical inception of holding charge; chapter two will focus on the meaning of the monster called holding charge, the reason for its adoption and the illegality. Chapter three will discuss on the rights of accused persons and how holding charge have thwarted its realization. Chapter four will examine the effect of holding charge in the criminal justice administration in Nigeria. The last chapter contains observation and recommendation, mainly on abrogation of all the laws that gave magistrate courts powers to remand suspects on indictable offences even when they have no jurisdiction. Holding Charge Syndrome

Holding Charge Syndrome; A Challenge in the Administration of Criminal Justice in Nigeria

CHAPTER ONE

1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.

…

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the …

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