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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The legal status of holding charge as a detention mechanism under the Nigerian criminal justice system
Authors:Okojie, Eric A.
Enakemere, Lucky E.
Periodical:East African Journal of Peace and Human Rights (ISSN 1021-8858)
Geographic term:Nigeria
rights of the accused
Abstract:Holding charge is a gross violation of an accused person's constitutional right to fair hearing and presumption of innocence until proven guilty. The continued application of the practice is being justified due to administrative convenience which is controversial judging from the divergent views of judicial decisions and opinions of legal practitioners on the issue. While some of the superior courts such as the Supreme Court's pronouncement in Lufadeju v. Johnson have justified the said practice, it raises the question whether it is a violation of the accused person's constitutional rights. This article concludes that the practice has no legal basis in the Nigerian criminal justice system and advocates for alternative detention mechanisms which serve the same purpose as holding charge but do not violate the rights of the accused person. Notes, ref., sum. [Journal abstract]