Posted by Amarachi on Fri 18th Sep, 2020 - tori.ng
The new law stipulates that the Governor can detain a suspect at will and direct the custody in which such a person is to be kept.
Gov Hope Uzodinma
Hope Uzodinma, Imo State governor has signed into law the Imo State Administration Of Criminal Justice Law No 2 of 2020 (ISACJL, 2020), which empowers him to arrest and detain any resident of the state for as long as he wishes.
According to this law, any person detained on the orders of Uzodinma can only be released when he grants a license to the said individual.
Section 484 of the Law provides: "Where any person is ordered to be detained during the Governor’s pleasure he shall notwithstanding anything in this Law or in any other written law contained be liable to be detained in such place and under such conditions as the Governor may direct and whilst so detained shall be deemed to be in legal custody”.
Controversies have trailed the legality or otherwise of the provisions relating to "pleasure", permitting the State Governor to detain suspects at his pleasure.
In addition, the Law abolished all forms of preliminary inquiry or preliminary investigation into a criminal charge by a magistrate or any court in the state and replaced them with preparation of proof of evidence.
Section 485 of the ISACJL, 2020 provides:
(1) A person detained during the Governor’s pleasure may at any time be discharged by the Governor on license which said license may be in such form and in such conditions as the governor may direct under section 485(2).
(2) A license under subsection (1) of this section may be in such form and may contain such conditions as the Governor may direct.
(3) A license under this section may at anytime be revoked or varied by the Governor and where license has been revoked the person to whom the license relates shall proceed to such place as the Governor may direct and if he fails to do so, may be arrested without warrant and taken to such place.
By the above provision, it means the Governor can detain a suspect at will and direct the custody in which such a person is to be kept.
Policy analysts have condemned the law, stating that it sets a bad precedence and contradicts the constitution of the Federal Republic.