Thursday, February 27, 2020

Remanding Prisoners Is A Last Resort


Justice must be done and be seen to be done is an old adage. This is why Section 24 of the Constitution calls for the right to fair hearing within a reasonable time. Criminal trial is not an ordinary trial. It goes with tremendous limitation imposed on the rights of the citizen until one is discharged. To ease the limitation the Constitution orders for presumption of innocence of the accused until guilt is established either by acknowledgement or proof. Furthermore, a seven-two-hour deadline is imposed for detention without appearance before a Court. No further detention is allowed without the order of a Court.

Since the Court is a Court for the enforcement of rights those who appear before it must not suffer from preventive detention. Courts must not allow the liberty of accused persons to be trampled upon because of claims that they would commit a crime if they are released. We therefore hope that those who suffered bodily harm and are put in custody deserve exceptional consideration by the Courts.

Foroyaa is following the Koina troubles with keen interest. Should such problems emerge in a country where all citizens are required to be sovereign and free? The answer is in the negative.

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