International Journal of Research and Innovation in Social Science (IJRISS) | Volume VI, Issue VII, July 2022 | ISSN 2454–6186
Making the Case to Rethink Constitutional Limit on Police Custody in Liberia.
Dr. Ambrues Monboe Nebo Sr, and D. Blamo Kofa
African Methodist Episcopal University and University of Liberia
Abstract: Consistent with the rudiments of a research paper, this article makes the case that could motivate the Ministry of Justice to rethink the statutory provision about police custody time limits. As its theoretical framework, the study was guided by the core concept of “Due Process” with the main emphasis on procedural due process and substantive due process. Using the qualitative method with emphasis on literature review and interviews, the paper argues that the cases of the writ of habeas corpus cataloged against the Liberia National Police constitute a violation of the accused fundamental rights and a complete embarrassment to the LNP as protector or observer of the due process of law. It also argues that the principle of “expediency” often cited as the justification for extending police custody beyond the constitutional time limit lacks justification in the statutes and is tantamount to the violation of substantive due process. It recommends that the Ministry of Justice see reasons to ignite the debate to initiate the amendment of Article 12(f) of the 1986 Liberian Constitution.
Keywords: Constitutional time limit on police custody, Liberia National Police, Police custody time limit, Writ of habeas corpus,
I.INTRODUCTION
The 1986 Constitution of Liberia entitles everyone living in Liberia to protect their human rights. Chapter III, the chapter on Fundamental Rights, which could arguably be referred to as the heart of the Constitution, guarantees basic human rights to all. It pledges that the State will safeguard human rights and protect citizens from undue invasions of their liberty, security, and privacy. Through the Liberia National Police (LNP), the State protects its citizens’ fundamental rights, including those coming into conflict with the law.
One of the fundamental rights the LNP is under a legal obligation to uphold, especially during a criminal investigation, is the time limit in police custody. This right is guaranteed by the Constitution of Liberia. Precisely, Article 21 (f) states “Every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours. Should the court determine the existence of a prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges and shall provide for a speedy trial. There shall be no preventive detention”.
Unfortunately, many a time, while discharging their duty, the unintentional actions of the police conflict with this human rights provision. This is simply because police officers are pressured to get quick results, often with unofficial guarantees that they may use any means possible to accomplish the task at hand. Consequently, the LNP is often subjected to Article