Understanding Holding Charges in the Nigerian Legal System

In Nigeria, as in many jurisdictions worldwide, the concept of “holding charges” plays a crucial role in the criminal justice system. This legal mechanism allows law enforcement agencies to detain suspects for a period without formally charging them with a crime. Understanding the intricacies of holding charges is essential for comprehending the rights and obligations of both suspects and law enforcement authorities within the Nigerian legal framework.

The authority to hold a suspect without charge is derived from various laws and legal principles in Nigeria. The most prominent legal instrument governing this practice is the Administration of Criminal Justice Act (ACJA) enacted in 2015. Section 35 of the ACJA stipulates the circumstances under which a suspect can be detained pending investigation or trial, ensuring that such detention is lawful, necessary, and proportionate.

Also, another legal provision that gives further support to this concept of “holding charges” in Nigeria is Section 35 (4) and (5) of the 1999 Constitution of the Federal Republic of Nigeria. For the purposes of clarity, the said sections are reproduced below:

Section 35 (4) and (5):

(4) Any person who is arrested or detained in accordance with subsection (1)(c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period of:

(a) Two months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or

(b) Three months from the date of his arrest or detention in the case of a person who has been released on bail,

he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date.

(5) In subsection (4) of this section, the expression “a reasonable time” means:

(a) In the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and

(b) In any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.

The purport of the above section is that if a person is arrested or detained, they must be brought before a court within a reasonable time. If not tried within 2 months (for those in custody or not entitled to bail) or 3 months (for those released on bail), they should be released with conditions to ensure their trial appearance.

The section also defines “reasonable time” as one day if within 40 km of a competent court, or two days otherwise, unless a longer period is deemed reasonable by the court.

These provisions aim to ensure that individuals are not subject to indefinite detention without trial and that their right to personal liberty is protected.

Holding charges serve several purposes within the Nigerian legal system:

1. Investigation: Holding a suspect allows law enforcement agencies to conduct thorough investigations into the alleged crime. This period enables the gathering of evidence, interviewing witnesses, and building a case against the suspect.

2. Public Safety: Detaining suspects who pose a risk to public safety or are likely to abscond ensures that they do not harm others or evade justice.

3. Preventing Interference: Holding charges prevent suspects from tampering with evidence, intimidating witnesses, or obstructing the course of justice during the early stages of the investigation.

Under Nigerian law, the duration for which a suspect can be held without charge is limited and subject to specific conditions. Section 35(1) of the ACJA mandates that a suspect cannot be detained for more than 24 hours without a court order. However, this period may be extended to 14 days upon the authorization of a magistrate or judge, renewable for additional periods upon application by the police or other law enforcement agencies.

While holding charges grant law enforcement agencies temporary authority to detain suspects, they must adhere to certain procedural safeguards to protect the rights of the accused. These safeguards include:

1. Right to Legal Representation: Suspects have the right to legal representation during detention and subsequent proceedings. This ensures that they receive fair treatment and are adequately advised of their rights.

2. Access to Medical Care: Suspects must receive necessary medical care if they suffer from any health conditions or injuries while in custody. This is essential for safeguarding their well-being and ensuring humane treatment.

3. Notification of Charges: Suspects must be promptly informed of the reasons for their detention and any charges brought against them. This enables them to understand the allegations and prepare their defense accordingly.

4. Judicial Oversight: Judicial authorities play a vital role in overseeing the legality of holding charges and ensuring that suspects’ rights are upheld. Magistrates and judges have the power to review detention orders and intervene if they find any violations of the law.

Despite the legal framework governing holding charges, their implementation in Nigeria is not without challenges and controversies. Some common issues include:

1. Abuse of Power: Law enforcement agencies may abuse their authority by arbitrarily detaining suspects without sufficient evidence or lawful justification.

2. Prolonged Detention: Suspects may be held for extended periods without charge, exceeding the limits prescribed by law. This can lead to violations of their fundamental rights and undermine the presumption of innocence.

3. Overcrowded Prisons: Prolonged detention of suspects awaiting trial contributes to prison overcrowding, exacerbating issues related to sanitation, healthcare, and rehabilitation within correctional facilities.

Holding charges in Nigeria plays a crucial role in the Nigerian legal system by balancing the need for effective law enforcement with the protection of suspects’ rights. While they serve legitimate purposes such as facilitating investigations and ensuring public safety, their implementation must adhere to procedural safeguards and respect the principles of fairness and justice. Striking this balance requires continuous efforts to strengthen legal frameworks, enhance oversight mechanisms, and promote accountability within law enforcement agencies.