Ghazali Ibrahim
A senior lawyer, Olajide Akinola Abiodun, has filed a lawsuit at the Federal High Court in Lagos, challenging the constitutionality of remand orders issued by Magistrate Courts for offences beyond their jurisdiction.
The lawsuit, which names the Attorney General of the Federation and the Attorney General of Lagos State as defendants, seeks to declare such orders as illegal “holding charges” and calls for an injunction to stop law enforcement agencies from detaining suspects without a valid charge before a competent court.
According to court documents obtained by BlackBox Nigeria, Abiodun argues that the practice of issuing remand orders for offences beyond the jurisdiction of Magistrate Courts is unconstitutional and violates the fundamental rights of suspects, including personal liberty, fair hearing, and freedom from arbitrary detention.
The lawsuit is significant, as it challenges the long-standing practice of “holding charges,” which allows law enforcement agencies to detain suspects without trial.
Abiodun’s lawsuit seeks to ensure that suspects are treated fairly and in accordance with the law.
The lawsuit has also sparked a heated debate among lawyers and legal experts, with some arguing that the practice of holding charges is necessary to maintain law and order, while others argue that it is a clear violation of human rights.
The court has yet to fix a date for the hearing of the lawsuit, but the lawsuit has been filed and recieved by the defendants.
Abiodun’s bravery has already sent a strong message to the Nigerian government and law enforcement agencies that the era of arbitrary detention of suspects is coming to an end.