AN APPRAISAL OF THE NEW POSITION OF ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015 ON HOLDING CHARGE IN NIGERIA CRIMINAL JURISPRUDENCE

Abstract

The right of suspect is protected before arrest, during arrest and after arrest. These rights are constitutionally and statutorily guaranteed in order to maintain the presumption of innocence of the suspect until proved guilty by a court of competent jurisdiction. The National Assembly, through the Administration of Criminal Justice Act 2015 seems to have given a nod to the holding charge practice. The primary objective of this article is to espouse the concept of holding charge vis a viz the Administration of Criminal Justice Act 2015 as it operates in Nigeria criminal justice system. The article makes reference to statutes, law reports, and law text books. The finding of this article is that the Administration of Criminal Justice Act 2015 had tactically approved holding charge to the detriment of the right of a suspect. The article recommends an urgent amendment of the relevant sections of the statute for speedy dispensation of justice to avoid any chance of the incarceration of suspect whom the constitution presumes innocent until proved guilty.