AN APPRAISAL OF HOLDING CHARGE SYNDROME AND ITS EFFECTS IN THE ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM VIS A VIS POLICING IN NIGERIA
This study’s objective was to assess the influence of the holding charge syndrome on the administration of the criminal justice system in Nigeria from the viewpoint of the Nigerian police force. A total of 200 employees employed by the Ministry of Justice in Uyo will participate in the study. The questionnaires acted as the instrument for the researcher’s data gathering. This study used a descriptive survey as its research methodology. As respondents, a total of 133 individuals, including lawyers, administrative personnel, secretaries, and junior staff, participated in the study. The acquired data was organized into tables and then analyzed using simple percentages and frequency counts.
- Background of the study
As with every other system in the world, the criminal justice system in Nigeria has a number of pervasive problems that are evident across its different institutions. These obstacles are comparable to those faced by the system in any other nation. The most major issues are prison overpopulation and flagrant abuses of the individual freedoms that the system was supposed to protect. This reality cannot be refuted: every human group, without exception, is afflicted by the presence of undesirables. As a result, every community must possess a criminal justice system that is capable of meeting the needs of justice administration. The phrase “Criminal Justice System” refers to the government agencies of the United States charged with enforcing laws, prosecuting offenders, and altering criminal conduct. It is the aggregate of all agencies that give the criminal justice system with the necessary operational, administrative, or technical support to carry out its duties. The major objectives of any system that administers criminal justice are the prevention and control of criminal conduct, the rehabilitation of convicts, and, logically, the protection and preservation of legitimate individual liberties, rights, and freedoms. [Criminal justice] Therefore, the Criminal Justice System is responsible for determining the existence of crimes and assigning administrative obligations to the proper parties. The Criminal Justice System uses a viewpoint with three legs. It involves the three most significant institutions: law enforcement, the judicial system, and the criminal justice system. There is, or at least there should be, synergy between diverse agencies in order for them to efficiently carry out their objectives. As with every other system in the world, the criminal justice system in Nigeria has a number of pervasive problems that are evident across its different institutions. These obstacles are comparable to those faced by the system in any other nation. The most major issues are prison overpopulation and flagrant abuses of the individual freedoms that the system was supposed to protect. This paper’s objective is to examine the detrimental impact of pre-trial detention and the holding charge on the administration of criminal justice. The researcher intends to analyze the holding charge syndrome and its consequences for the administration of the criminal justice system in Nigeria with respect to the police. Based on the evidence supplied above, this would be the case.
Statement of the problem
Police, courts, and prisons are the three basic components of the criminal justice system in the United States. These institutions are implicated in the failure of our criminal justice system as a result of policies and processes that are antithetical to the ideals of society. Therefore, the practice of holding charges cannot be justified, as it is playing unimaginable damage on the criminal justice system in Nigeria. The practice of “holding charge,” which involves bringing a suspect before an inferior court that lacks jurisdiction to try him or her for the primary purpose of obtaining a remand order, in order to look for prima facie evidence in support of the allegation against the suspect, and then abandoning him or her in prison under the pretext of awaiting trial, makes one question whether the presumption of innocence is even viable in Nigeria. Holding Charge Syndrome In line with this tradition, an accused person is presumed guilty unless their innocence can be proven.
Objective of the study
The objectives of the study are;
To assess the role of the Criminal Justice System in the holding of charges, it is necessary to do research.
To evaluate whether the lack of jurisdiction in an indictable crime paired with the subsequent remand of the defendant on a holding charge is an improper practice.
The objective of this research is to establish how Nigeria’s criminal justice system operates.
Significance of the study
Students and the Ministry of Justice will both find the study to be quite valuable. This study will give a clear appraisal of the holding charge syndrome and its effects on the administration of the criminal justice system in Nigeria vis-à-vis the police. This will be achieved via the use of surveys and interviews. Due to its thorough character, this study will also serve as a reference for future academics investigating comparable topics.
Scope and limitation of the study
The scope of the study includes an investigation of the holding charge syndrome and its effect on the administration of the criminal justice system in relation to the police in Nigeria.
Definition of terms
The phrase “holding charge” refers to a process in which the police bring a suspect or suspects before court and ask the judge to remand them in prison custody without officially charging them with a crime. The term for this is “holding charge.”
Justice for criminals; The justice for criminals system consists of a variety of government-run institutions and entities. Rehabilitating convicts, preventing more crimes, and providing victims with emotional assistance are all objectives. Courts, police, prosecutors and defense lawyers, as well as prisons, are the primary institutions of the criminal justice system.
Policing refers to the maintenance of law and order by a police force.