AN APPRAISAL OF THE POWERS OF THE MAGISTRATE IN RELATION TO REMAND PROCEEDING UNDER ACJL 2022 BAUCHI STATE
Abstract
ABSTRACT
The Administration of Criminal Justice Law (ACJL) 2022 of Bauchi State is a recent legislationthat aims to reform the criminal justice system and ensure speedy and ef icient delivery of justice. One of the provisions of the ACJL 2022 is section 304, which empowers the magistratetoremand a suspect in custody for a period not exceeding 21 days, renewable for another 14days, pending the receipt of legal advice from the of ice of the Hon. Attorney General. This provisionhas generated controversy and debate among legal practitioners and scholars, as it appearstoconflict with the constitutional rights of the suspect to personal liberty, fair hearing, andpresumption of innocence. This study appraises the powers of the magistrate in relationtoremand proceeding under the ACJL 2022 of Bauchi State, by examining the rationale, scope, and limitations of section 304, as well as its implications for the rights of the suspect andtheadministration of criminal justice. The study adopts a doctrinal research methodology, relyingon primary and secondary sources of law, such as statutes, case law, journals, and books. Thestudy argues that section 304 of the ACJL 2022 is a necessary and reasonable measuretoaddress the challenges of delay and congestion in the criminal justice system, but it alsoposessome risks of abuse and violation of the suspect’s rights. The study recommends some safeguardsand reforms to ensure that section 304 is applied in a manner that is consistent withtheconstitution and the principles of justice
Full-Text Access Notice
In accordance with the NERD Policy on promoting peer-reviewed publication, public access to the full text of a project, thesis or dissertation is restricted for three years, allowing the author and supervisors sufficient time to pursue peer-reviewed publication.
During this period, researchers with legitimate academic or research purposes may request authorisation directly from the author to enable NERD to release the indexed full texts of the work using the form below.