The Chief Judge of Lagos State, Justice Kazeem Alogba, has rescinded the ban on granting remand orders to the police by directing magistrates to resume issuing such orders. The ban was initially imposed in October due to concerns raised by the Nigeria Correctional Service about overcrowded facilities.
In a circular dated October 23, 2023, magistrates were instructed to cease granting remand orders to the police, limiting such orders to the Economic and Financial Crimes Commission (EFCC) for specific cases. The ban was aimed at addressing the issue of prison congestion.
However, in a recent circular dated November 7, 2023, the Chief Judge reversed the decision, allowing magistrates to resume issuing remand orders to the police. The circular, issued by the Deputy Chief Registrar, Administration, Rasaq Davies, specified that defendants could be remanded in Correctional Service centers from Monday, November 6, 2023.
The circular also emphasized the need for magistrates to consider constitutional provisions when imposing conditions of bail and urged them to exercise discretion in their judicial functions. It cautioned against high-handedness and the imposition of stringent bail conditions, emphasizing the importance of judicious and judicial discretion in the exercise of their roles.