'It does not accord with justice and legality for a magistrate court to remand a suspect on a charge the court has no jurisdiction to try ab initio.'
A group, Zarephath Aid, has said the practice of ‘holding charges’ in Nigeria’s criminal justice system contributes to the congestion in the country’s custodial centres.
“This is the shocking but true story of many inmates in prisons in Nigeria,” said Mr Abraham, a lawyer. “However, in reality, the legal check which that section seeks to introduce is not actualised because, after the remand, the role of the remanding magistrate as outlined in Section 264 , , is not fulfilled.
Mr Abraham said although appellate courts in many cases over the years had pronounced the practice of holding charges unlawful, the practice has persisted.
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