A rights activist, Inibehe Effiong, has raised concerns over the rampant abuse of remand proceedings by Nigerian police and some magistrates courts in Abuja, Lagos, Nasarawa and other states.
In a statement on Friday, Effiong said it is ridiculous how dubious and questionable remand orders are being issued recklessly without much probing by the magistrates. He noted that magistrates hardly refuse remand applications brought by the police.
The lawyer questioned why a magistrate would assume jurisdiction and issue remand orders for offenses committed outside their territorial jurisdiction. He cited cases where a suspect based in one state is remanded by a distant magistrate in another state.
According to Effiong, the police arrest suspects for civil disputes or minor offenses but instead of granting administrative bail or charging to court, they approach magistrates to obtain remand orders to detain suspects beyond the constitutionally allowed period. He said this is usually an extortion tactic or to massage the ego of powerful petitioners.
“Remand orders are meant to aid serious criminal investigations, but the Police, SSS and EFCC have made a mess of the system,” Effiong said. He queried why a remand order is needed to investigate alleged cyberstalking.
The human rights lawyer called on the legal community to speak out against this trend which he described as dangerous and destructive. He said restoring public confidence in the judiciary requires addressing how remand proceedings are being abused nationwide.
Effiong urged magistrates to thoroughly scrutinize remand applications and stop enabling human rights violations through questionable remand orders. Police prosecutors also need more oversight on remand requests which should be
a last resort for serious offenses.
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