Within the framework of criminal justice administration in Nigeria, members of the Nigerian police force play an important role in the detection, prevention and investigation of crimes. However, a very reprehensible and time-consuming police practice is what is known as a “holding charge”. Thus, in perceived serious cases, the police, who usually prosecute some cases, often require the advice of the director of public prosecution on their competence to prosecute a suspect, or whether the justice ministry would undertake the prosecution of the suspect.
Consequently, this chapter will examine the necessary implications of this practice by the police and magistrates’ courts on the speedy administration of criminal justice in Nigeria, on the defence of the accused, on the Nigeria prison and finally on the fundamental human rights of the accused persons. This is because those remanded in custody on the basis of the so called holding charge are sometimes forgotten in custody, or further investigations of the allegations against them are not accorded due attention. Such inmates sometimes remain in custody for periods longer than they would have served if they had been tried, found guilty, and sentenced.
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