Pascal Arogorn Ibe
…..Allows Suspects To Be Detained At The Pleasure Of The Governor & Must Obtain License Before Release
THE Governor of Imo State, Sen. Hope Uzodinma has assented into Law, the Imo State Administration of Criminal Justice Law, No. 2 of 2020 on the 11th day of March, 2020.
However, controversies have trailed the legality or otherwise of the provisions relating to “PLEASURE”, permitting the State Governor to detain suspects at his pleasure.
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”.
In addition, the Law provides that a detainee may only be discharged if granted license by the Governor.
Section 485 provides:
(1) A person detained during the Governor’s pleasure may at any time be discharged by the Governor on license
(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(3) A license under this section may at anytime be revoked or varied by the Governor and where license has been revoked the person to whom the license relates shall proceed to such place as the Governor may direct and if he fails to do so, may be arrested without warrant and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.
Meanwhile, 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.
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