Articles
& News
August 12, 2008
Nigeria's Bar Association wants “holding
charge” dropped to ease prison congestion
Tide News
The Nigeria Bar Association (NBA) Secretary-General, Mr Lawal Rabana,
says the continued retention of “holding charge” in the country’s
legal system will defeat government’s efforts at de-congesting the
prisons.
He told The Tide source in Ilorin that government’s desire to
achieve success in its prison de-congestion programme might be a
mirage, unless holding charge was expunged from the nation’s laws.
“Government and operators of the law should have the courage to
demonstrate the sincerity and political will to achieve the feat,”
he said.
Rabana said: “Superior courts have declared that holding charge was
un-constitutional and unknown to our laws, but people in authority
are not sincere to comply.
“Prison officials are not sincere, the police are not sincere and
the judiciary at the magistracy level is not sincere.”
“How do we then proceed to actualise the dream of de-congesting our
prisons?” he asked.
The NBA scribe decried a situation in which “an accused is arraigned
before a court that lacks jurisdiction, only for him to be remanded
in prison custody, pending his proper arraignment before a competent
court”.
He said the development would definitely hinder efforts to
de-congest the nation’s prisons. “If we are sincere and committed to
the rule of law, accused persons must be arraigned before
appropriate courts, and when the police are not ready with their
investigations, they should be allowed to go on bail.
“A magistrate who has no jurisdiction should also have no power to
remand suspects,” he added.
Rabana challenged state Chief Judges to have the courage to issue
the appropriate directive to the magistrates to the effect that “if
you don’t have jurisdiction over a matter, don’t take it”.
“Regrettable, the system is so loose that the police will arrest and
take you to a court they know has no jurisdiction to try you, and
the next thing is to remand you or grant unfulfillable bail
conditions,” he added.
