CONSTITUTIONAL LAW ā Fundamental Rights ā Right to Liberty ā Section 32(1)(c) of 1979 Constitution Covers Remand Proceedings
Principle Statement
The procedure of remanding a suspect in custody upon reasonable suspicion of having committed a criminal offence is fully covered by Section 32(1)(c) of the 1979 Constitution (now Section 35(1)(c) of the 1999 Constitution), which permits lawful detention upon reasonable suspicion of a criminal 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
Section 32(1)(c) of the 1979 Constitution (corresponding to Section 35(1)(c) of the 1999 Constitution) permits the detention of a person upon reasonable suspicion of having committed a criminal offence. A magistrate’s remand order, based on police allegations and reasonable suspicion, falls squarely within this constitutional exception to the right to personal liberty. This provision authorizes judicial remand as a lawful and constitutionally valid exercise of state power during the investigative phase of criminal proceedings.
