With the shameful treatment meted out to the Owerri Mothers by @PoliceNG permit me to introduce the concept of "Holding Charge" to your collective consciousness. In the end you will agree with me that there's something inherently wrong with us. Maybe we are just wired like that.
While the citizens of other countries thrive in the areas of scientific innovations, cutting edge infrastructural developments etc, there is something [in the water we drink?] that ensures that we are breaking records in the area of circumventing laid down rules & procedure.
There are different courts in Nigeria from the Supreme Court to inferior courts like Customary Courts, Area Courts etc and these courts each have their jurisdiction clearly delineated either by the Constitution or the law establishing the court. All lawyers supposedly know this.
If a citizen brings a land dispute b4 the Supreme Court or even Federal High Court for that matter, his case will be thrown out. The same fate will befall a case filed by the AG of Lagos State against AG Federation before the Magistrate Court. It is the same with criminal cases.
For instance Magistrate Courts don't have jurisdiction to determine capital offences i.e. punishable with death penalty eg murder, treason, kidnapping (in some States). This is elementary law. Typing it annoys me. Yet the @PoliceNG continues to file them at the Magistrate Courts.
You think they don't know what they are doing? Think again. They not only know what they are doing, they also know what is doing them. By stroke of mischief or genius or both, they invented the concept of "Holding Charge".
Section 35(4) CFRN provides that any person arrested/detained on allegation of commission of a crime must be charged before the court within a 24-48hour period. Remember the CFRN was promulgated by the military & ignore the fact that the current AGF has justified its disrespect.
In saner climes, before the Police arrests you, they must have done a reasonable level of discreet investigation such that within a day of arresting you, they are ready to charge you. Here? We receive complaints, arrest, detain, [maybe even charge] and then investigate.
By Holding Charge, the Police will arrest & detain, then rush you to a court within 24-48 hr period to obey the CFRN. Except that they will take u to a Magistrate Court on a charge of a capital offence knowing full well that the court lacks jurisdiction to entertain the charge...
As if playing a script, the Magistrate will decline jurisdiction to hear the case, but rather than throw out the case, he will instead remand you in prison custody pending when the Police will receive the DPP's Advice. DPP's advice can take anywhere from 7 days to 7 years.
This is a blog post I wrote in 2012 fresh from law school about Holding Charge.
orjiauka.blogspot.com/2012/09/taking…
Pardon me. I referred to myself as am alumni instead of alumnus.
The Victor Osiri there is @OsiriNdukwe
orjiauka.blogspot.com/2012/09/taking…
Pardon me. I referred to myself as am alumni instead of alumnus.
The Victor Osiri there is @OsiriNdukwe
