‎Ondo Lawyers Raise Alarm Over Remand Proceedings, Suspects’ Rights

‎The Nigerian Bar Association (NBA), Akure Branch, has raised concerns over remand proceedings in Ondo State, warning that alleged irregularities in the process could undermine the fundamental rights of suspects and safeguards provided by law.

‎The lawyers expressed concern over reports that applications for remand were not always subjected to adequate scrutiny to establish their legal and factual justification.

‎They also raised concerns over remarks allegedly attributed to some judicial officers suggesting apprehension about possible administrative consequences when they refuse remand applications.

‎The concerns were contained in a communiqué made available to journalists on Wednesday, which was issued after the branch’s monthly general meeting held on October 29, at the Aare Afe Babalola Bar Centre, Oke-Eda, Akure.

‎The branch said decisions affecting personal liberty must be guided by the law and evidence presented before the court, stressing that judicial officers must be allowed to exercise their discretion independently.

‎“Decisions affecting personal liberty must be guided by the applicable law, the materials placed before the court, and the independent exercise of judicial discretion, not by fear of administrative displeasure,” the communiqué stated.

‎The lawyers resolved to engage the leadership of the Ondo State Judiciary on the concerns and advocate strict compliance with the Administration of Criminal Justice Law of Ondo State, 2015.

‎They also insisted that each remand application should be determined independently and on its merits, with judicial officers granting or refusing such applications as the law and circumstances require.

‎As part of efforts to address the issues, the branch resolved to seek an audience with the Chief Judge of Ondo State, alongside elders of the Bar and former chairmen of the branch.

‎The proposed meeting is expected to address delays in the assignment of newly filed cases, operational challenges associated with the electronic filing system and concerns surrounding remand proceedings and judicial independence.

‎On the e-filing system, the NBA faulted the current arrangement, describing it as largely an electronic payment platform rather than a fully integrated electronic filing process.

‎It noted that despite online payments and the uploading of court processes, lawyers and litigants were still required to print and physically submit documents at court registries for assessment, stamping and other administrative procedures.

‎The branch attributed the challenges to recurring network failures, system downtime and shortages of essential registry materials, which it said had made filing slower and more cumbersome.

‎It called for a review of the system to eliminate unnecessary manual procedures, insisting that hard copies of documents already uploaded should be generated by court registries where required.

‎The NBA also called for exemptions for urgent ex parte applications from mandatory electronic filing requirements where technical or administrative difficulties could frustrate their urgency.

‎In another resolution, the branch advocated the secondment of additional legal practitioners from the Ondo State Ministry of Justice to the Ondo State Security Network Agency, Amotekun Corps, to strengthen the legal scrutiny of proposed charges and court processes before cases are brought before the courts.

‎The branch reaffirmed its commitment to the rule of law, judicial independence and the protection of fundamental rights, while calling for constructive collaboration among the Judiciary, Ministry of Justice, security agencies and the Bar to improve the administration of justice.