We Hold Your Brief

Dear Counsel, I must commend you for your prompt response to my e mails, whenever I write to enquire about an issue.

Since last week, my brother has been in detention and the Police has told us categorically that, he cannot be released on bail. He was arrested alongside protesters who shouted slogans – ‘Revolution Now’.

Some were released the next day, but my brother is still being held in custody, and when they were arraigned, the Magistrate claimed that, they cannot be tried in her court. Why should someone be taken to court, and not be granted bail while the case is ongoing? Kindly, advice me on what I should do now. G. A., Alausa, Ikeja, Lagos. Dear G.A., It is unfortunate that your brother was arrested, and detained amongst the protesters. Apparently, he is being held on a Holding Charge, because the Magistrate Court lacks the jurisdiction to try certain cases, including treason and treasonable felony, for which most of the protesters were charged.

However, you must note that, Section 264(1) of the Administration of Criminal Justice Law of Lagos State (ACJL), has again, has legalised the Holding Charge,

where a Magistrate can remand a suspect charged with a crime, for which the Magistrate has no jurisdiction to try.

Under Section 264 (6), (7) and (8) of the ACJL, a Magistrate Court can remand a suspect in custody for 30 days in the first instance, another one month in the second instance, and thereafter, may extend it, if ‘good cause’ is shown, for an unspecified period of time. This means that, such a person may remain in detention, ad infinitum.

I urge you, to get a good Lawyer to apply for your brother’s fundamental rights in any court, especially the Federal High Court.