CONSTITUTIONAL LAW ā Fundamental Rights ā Right to Liberty ā Section 32(1)(c) of 1979 Constitution Covers Remand Proceedings
Principle Statement
The procedure is totally covered by the provisions of section 32(1)(c) of the 1979 Constitution because what was done at that stage was that the court ordered that the respondent be remanded in custody upon an allegation by the police that he (respondent) was on reasonable suspicion of having committed a criminal offence, to wit: conspiracy to commit treasonable offence and actually committing treasonable offence.
Ratio Decidendi (Source)
Per Akintan, JSC, in Lufadeju & Anor v. Johnson (2007) NLC-123-247-2001(SC) at p. 24; Paras DāE.
"The procedure is totally covered by the provisions of section 32(1)(c) of the 1979 Constitution because what was done at that stage was that the court ordered that the respondent be remanded in custody upon an allegation by the police that he (respondent) was on reasonable suspicion of having committed a criminal offence, to wit: conspiracy to commit treasonable offence and actually committing treasonable offence."
Explanation / Scope
Explanation/Scope:
This principle establishes that remand proceedings are constitutionally covered under Section 32(1)(c) of the 1979 Constitution (now Section 35 of the 1999 Constitution). The provision permits deprivation of liberty upon reasonable suspicion of having committed a criminal offence. A magistrate’s remand order based on police allegation of reasonable suspicion falls within this constitutional exception. The principle ensures that remand proceedings are lawful and do not violate the right to personal liberty. It applies where a suspect is brought before a magistrate for remand pending investigation or trial. The court must act on reasonable suspicion. The principle protects the integrity of remand proceedings and prevents unlawful detention claims where the constitutional procedure is followed.
