City Crime
Surety For Bail
Bail can be defined as the process whereby a person accused or being charged for the commission of an offence, is released by the constituted authority who is detaining him, on the condition that he will appear or report to a police station or court or other identified location in future whenever his presence is required or so ordered. There are two broad types of bail in Nigeria. They are police or administrative bail and court bail. My interest in this write up is court bail, which is granted by a court of law. It is granted in two scenarios – bail, pending trial of the accused person, or bail pending the appeal of the accused.
When a person is granted bail, some conditions for the grant of the bail may include getting a surety. In Nigeria the courts prefer sureties with landed property in certain locations who in most cases should be public or civil servants of level 16. In Dasuki V. Director-General SSS (2020) 10 NWLR Pt 1731 Pg 136-143, the appellant approached the High Court for the enforcement of his fundamental right to liberty. The case was contested, the Federal High Court, after hearing the parties held that the fundamental right of the appellant was infringed upon but, in the circumstance of the case granted him conditional release from custody on bail. Dissatisfied with the judgement, the appellant appealed to the Court of Appeal on grounds inter alia, that the bail conditions were onerous.
The Court of Appeal allowed the appeal, varied the bail conditions imposed by the Federal High Court, granted him bail in the sum of N100,000,000.00 and two sureties in the like sum who must be serving civil servants not below the status of level 16 officer in either the state or federal public service or any of its agencies. Each of the sureties was to furnish evidence of ownership of property in the federal capital territory worth N100,000,000.00.
Subsequently, the applicant filed a motion on notice at the Court of Appeal, seeking an order for leave to apply to vary, review or substitute the bail terms contained in the judgement of the Court of Appeal; and an order to vary, review and substitute the bail conditions. The applicant in substitution sought an order granting him bail with two sureties who shall be public servants not below the status of level 16 officers. On whether civil servants or public officers can be involved in bail of accused persons. Per Adah J.C.A at Pg 153 paras. F. A: stated thus:
“Let me quickly say that of concern it is to us that as a court we must be ready and sensitive enough to allow or do anything that will run foul of the law. The issue of involving civil servants or public officers in the public service of the federation and the state in bail of people accused of criminal offences has never been the practice in Nigeria or any part of the civilized world. It was an oversight on our part to allow it in.
Our civil and public service rules do not have any room for it. Expecting a level 16 servant to own a property worth N100,000,000.00 will be running counter of the public service rules and by extension the war against corruption. It is in this respect that I will act ex debito justitiae to ensure that the aspect of involving serving public servants not below the status of level 16 officer in either the state or public service of the federation or any of its agencies be removed and I so order.”
By: Nkechi Bright-Ewere
The National Emergency Management Agency (NEMA) has warned against the practice of scooping fuel from accidented tankers, noting it has led to the loss of many lives and property.
The agency’s Head of Operations in Ibadan, Mr Kadiri Olanrewaju, cautioned during a sensitisation programme on tanker fire accidents, held on Wednesday at Akinyele Local Government Area (LGA) of Ibadan.
The News Agency of Nigeria (NAN) reports that the programme was held in collaboration with the Oyo State Emergency Management Agency (OYSEMA) in Akinyele LGA and other stakeholders.
Olanrewaju said Akinyele LGA was selected for the awareness campaign because of its strategic location as a trailer route from the northern to the southern part of the country.
“These agencies felt that it was necessary to bring this important message to critical stakeholders in communities under the Akinyele LGA, where we have major trailer parks.
“The campaign kick-started in Ogun; we will soon move to Osun.
“The focus is to drive strong sensitisation against the scooping of fuel at the grassroots level, especially for local governments along the trailer routes to reduce needless loss of lives and property,” he said.
He charged the Federal Road Safety Corps (FRSC) and other relevant agencies to enforce the laws against underage driving and ensure the proper certification and retraining of drivers.
The Administrative Secretary of OYSEMA, Mrs Ojuolape Busari, said that Community Development Associations (CDAs) were involved in the campaign to reach a larger number of people.
Busari noted that people still scoop fuel from accidented tankers because there had not been any serious punishment attached to the offence.
She, therefore, called for stiff penalties for anyone caught perpetrating the act.
“Apart from the risk of fire outbreak that may occur during the practice, it is stealing, which is a serious offence,” she said.
Earlier, the Executive Chairman of Akinyele LGA, Hon. Akinwole Akinyele, suggested that fuel transportation should be handled through the rail system, while leaving tankers for intra-city fuel transportation.
The chairman called for an urgent review of laws and policies related to fire services and road safety to meet the urgent and modern demands.
He said that the implementation of stricter fuel transportation regulations, vehicle maintenance, drivers’ training and retraining, and safer fuel handling practices remained crucial to the fuel distribution system in Nigeria.
“The attendant costs of tanker fire accidents have been huge, both in terms of the high number of fatalities and the loss or destruction of property, environmental damage, and public infrastructure,” he said.
NAN reports that the event featured technical sessions, lectures, and presentations from the FRSC, Nigeria Security and Civil Defence Corps (NSCDC), Fire Service, traditional and market leaders, among others.
…To Confer National Honours On Select Lawmakers
President Bola Ahmed Tinubu will deliver a presidential address before a joint session of the National Assembly today as part of events marking Nigeria’s Democracy Day celebration.
The event is scheduled to be held in the House of Representatives chamber of the National Assembly Complex, Abuja.
This was confirmed in a statement released on Sunday by the spokesperson of the House of Representatives, Hon. Akin Rotimi.
The statement referenced an internal memorandum issued by the Clerk of the House, Yahaya Danzaria, officially notifying lawmakers of the proceedings.
According to the memorandum, the special joint sitting will begin at 11:00 a.m. with preliminary activities before the arrival of President Tinubu, who is expected at noon.
Democracy Day is observed annually on June 12 in remembrance of the 1993 presidential election, widely regarded as Nigeria’s most credible poll since independence.
The election was won by Chief Moshood Kashimawo Abiola but was annulled by the military government led by General Ibrahim Babangida (retd).
The theme for the 2025 celebration is “26 Years of Democracy: Renewing Our Commitment to National Development.”
President Tinubu is attending the event as the Special Guest of Honour and is expected to use the platform to reflect on the state of Nigeria’s democracy and present his administration’s vision for the future.
The session will also feature goodwill messages from former presiding officers of the National Assembly.
Meanwhile, the President will confer national honours on select legislators in what organisers describe as part of efforts to recognise contributions to democratic governance.
The National Assembly views the event as an important marker of Nigeria’s political evolution.“This joint sitting represents a significant moment in Nigeria’s democratic journey,” the statement read.
“It underscores the pivotal role of the National Assembly in safeguarding democratic values, fostering accountability, and advancing national development over the past 26 years of uninterrupted civil rule.”
Lawmakers also used the occasion to urge Nigerians to reflect on the country’s democratic progress and to renew their commitment to national unity and inclusive governance.
“The House of Representatives calls on all Nigerians to embrace the spirit of Democracy Day as a time for reflection, renewed patriotism, and commitment to building a more inclusive, prosperous, and united nation,” the statement said.
Meanwhile, the Federal Government has declared today as a public holiday, to commemorate this year’s Democracy Day celebration held every June 12.
June 12 was officially designated as Nigeria’s Democracy Day in 2018, to honour the annulled 1993 presidential election, widely considered the freest and fairest in the nation’s history and won by Chief MKO Abiola.
In a statement announcing the holiday, the Minister of Interior, Dr Olubunmi Tunji-Ojo, on behalf of the Federal Government, congratulated citizens on the occasion of 26 years of uninterrupted democratic rule in the country.
“June 12 represents our historic journey to building a nation where truth and justice reign, and peace is sustained and our future assured,” Tunji-Ojo stated.
Rivers women, under the aegis of Rivers Women Unite for SIM, have celebrated the second year anniversary of the suspended Governor of Rivers State, Sir Siminalayi Fubara, with praise and thanksgiving.
The women, who gathered at the Ecumenical Centre, Port Harcourt, last Thursday, said that no matter the prevailing circumstances in the State, Fubara has shown great capacity in leadership and deserves to be celebrated.
They emphasised that their gathering was to thank God for what He has done through Fubara and the expected restoration and peace within the State.
They commended Rivers people and all Nigerians who have been standing by the Governor and Rivers people all through these trying times, saying it is now time for peace, reconciliation and restoration.
Speaking on behalf of the women, Dr. Queen Idanyingi Karibi Botoye, said the women have been consistently praying for the State and its leaders.
She urged the leaders of the State to put their differences behind and think about the people first and come together to advance the interest of the State.
The women assured that their prayers will continue until God restores the glory of the State and ensures greater harmony amongst its leaders and people.