REMAND ORDER PROCEEDINGS IN NIGERIA: A TOOL FOR LEGITIMATE INVESTIGATIONS OR UNCHECKED DISCRETION?
), Josephine Nkeonye Egemonu(2), Ileola Ibironke Adesina(3), Abdulrahman Muhammad Jumah(4),
(1) Phd, Deputy Director General and Head of Nigerian Law School Yenagoa Campus.
(2) LLM, ACIArb (Nig.), Deputy Director (Academics) and Head of Criminal Litigation Dept, Nigerian Law School, Yenagoa Campus, Bayelsa State.
(3) LL.M, Senior Lecturer, Nigerian Law School, Yenagoa Campus, Bayelsa State.
(4) LLM, Lecturer II, Nigerian Law School, Yenagoa Campus, Bayelsa State.
Corresponding Author
Abstract
Proceedings related to remand orders in Nigeria were implemented to tackle concerns regarding extended pretrial detention based on "holding charges." This study explores the discourse surrounding whether the remand order proceedings function as a legitimate mechanism for investigations or provides unbridled discretion, potentially encroaching upon individual rights. Employing the doctrinal approach, the study finds that its implementation raises concerns regarding potential human rights abuse by the prosecuting agencies. The study concludes that Remand orders represent a "necessary evil" in ensuring the efficient administration of criminal justice while recommending measures such as putting a defendant on notice, purposive interpretation and amendment of relevant provisions of the laws to stem potential abuses.
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