ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

Section 296: Time and protocol for remand orders

2015Section 296 of 495Federal Republic of Nigeria

(1) Where an order of remand of the suspect is made pursuant to section 293 of this Act, the order shall be for a period not exceeding 14 days in the first instance, and the case shall be returnable within the same period.
(2) Where, on application in writing, good cause is shown why there should be an extension of the remand period, the court may make an order for further remand of the suspect for a period not exceeding 14 days and make the proceedings returnable within the same period.
(3) Where the suspect is still in custody on remand at the expiration of the period provided for under subsection (1) or (2) of this Section, the court may on application of the suspect grant bail in accordance with the provisions of Sections 158 to 188 of this Act.
(4) At the expiration of the remand order made pursuant to subsection (1) or (2) of this section, and where the suspect is still remanded with his trial having not commenced, or charge having not been filed at the relevant court having jurisdiction, the court shall issue a hearing notice on:
(a) the Inspector General of Police and the Attorney-General of the Federation; or
(b)
the Commissioner of Police of the state or of the Federal Capital Territory or the Attorney-General of the Federation, as the case may be,
(c) any relevant authority in whose custody the suspect is or at whose instance the suspect is remanded, and adjourn the matter within a period not exceeding four-teen days of the expiration of the period of remand order made under subsection (1) or (2) of this section,
to inquire as to the position of the case and for the Inspector General of Police or the Commissioner of Police and the Attorney-General of the Federation to show cause why the suspect remanded should not be unconditionally released.
(5) Where the Inspector General of Police or the Commissioner of Police and the Attorney-General of the Federation show good cause pursuant to subsection (4) of this Section and make a request to that effect, the court:
(a) may extend the remand of the suspect for a final period not exceeding 14 days for the suspect to be arraigned for trial before an appropriate court or tribunal; and
(b) shall make the case returnable within the said period of 14 days from the date the hearing notice was issued pursuant to subsection (4) of this section.
(6) Where good cause is not shown for the continued remand of the suspect pursuant to subsection (4) of this Section, or where the suspect is still on remand custody after the expiration of the extended period under subsection (5), the court shall, with or without an application to that effect, forthwith discharge the suspect and the suspect shall be immediately released from custody.
(7) No further application for remand shall be entertained after the proceeding in subsection (6) of this section.

Cite this section

Section 296, ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 (2015).

https://repo.podus.ai/laws/administration-of-criminal-justice-act-2015/section/296/