Making the Case to Rethink Constitutional Limit on Police Custody in Liberia

Dr. Ambrues Monboe Nebo and D. Blamo Kofa
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Dr. Ambrues Monboe Nebo: African Methodist Episcopal University and University of Liberia
D. Blamo Kofa: African Methodist Episcopal University and University of Liberia

International Journal of Research and Innovation in Social Science, 2022, vol. 6, issue 7, 428-437

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..

Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:bcp:journl:v:6:y:2022:i:7:p:428-437

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