HOLDING CHARGE SYNDROME; A CHALLENGE IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA
Abstract
The criminal justice system revolves around three main agencies:
police, courts, prisons. These institutions are partners in a failed criminal justice system due to some practices contrary to the interests of society.Therefore, the incalculable damage done to Nigeria’s criminal justice system by the prosecution cannot be justified. Obtaining pretrial detention primarily to seek prima facie evidence to support the allegations against the suspect, and then to leave the suspect in prison, an indictment brought to a lower court that does not have jurisdiction to try the suspect questioning the viability of the presumption of innocence in Nigeria by pretending to be awaiting a trial to record holding charge syndrome
According to this practice, the defendant is presumed guilty until he proves his innocence. The overcrowding crisis in our prisons is also a result of prosecutorial practice. It is commonplace that jurisdiction is the lifeline of any lawsuit, civil or criminal, and the basis for judgment. Therefore, it is plainly abnormal to bring a suspect before a judge who has no power to decide the crime he is alleged to have committed. Therefore, the practice of magistrates’ courts, which do not have jurisdiction over criminal offenses but pretrial detention of accused suspects, is unconstitutional as a threat to the defendant’s right to personal liberty, dignity and due process. regarded as To them he is granted the 1999 Constitution (Amendment). However, several state laws have urged magistrates’ courts to continue this pernicious practice regardless of the provisions of the Basic Standards. Therefore, in Chapter 1 of this research paper, we look at the historical beginnings of charge retention. Chapter 2 focuses on the meaning, reason for adoption, and illegality of the holding charge monster. Chapter 3 deals with the defendant’s rights and how the prosecution thwarted the defendant’s realization. Chapter 4 examines the impact of prosecution on Nigeria’s criminal justice administration. The final chapter contains observations and recommendations, and is primarily concerned with repealing all laws that gave magistrates the power to remand criminal suspects even when they do not have jurisdiction. . holding charge syndrome
capitalization
Me. title page.
ii. Authentication page.
iii. approval page.
IV. Mission.
v. Thank you vi. Table of Contents.
vii.
viii case table.
ix. Abbreviations.
X. overview. 1.0 Chapter 1:
General introduction
1.1 Research background
1.2 Problem Description
1.3 Research question
1.4 Purpose of the survey
1.5 Survey method
1.6 Validity of survey
1.7 Scope of investigation
1.8 Limitations of the study
2.0 Chapter 2:
Holding charge practice
2.1 Introduction
2.2 Importance of holding fees
2.3 Reason for introduction of holding fee
2.4 Procedures enabling cargo storage
2.5 Can the retention pattern be justified?
2.6 Illegality of Retention Fees
3.0 Chapter 3:
retention fee and
suspect’s rights
3.1 Introduction
3.2 Importance of human rights
3.3 Right to individual liberty
3.4 Right to a Fair Trial within a Reasonable Time
3.5 Right to be presumed innocent
3.6 Right to human dignity
4.0 Chapter 4:
Effect of retaining charge
exercise
4.1 Introduction
4.2 Implications for rapid justice administration in Nigeria
4.3 Impact on Defendant’s Defense
4.4 Impact on prisons in Nigeria
4.5 Impact on basic human rights
5.0 Chapter 5:
Conclusion
5.1 Findings
5.2 Recommendations
5.3 Conclusion