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
City Crime
Monarch Recommits To Peace, Security Of Ekpeye Land
City Crime
Delta Attorney-General Laments Hike In Human Trafficking
Delta State Attorney-General and Commissioner for Justice, Ekemejero Ohwovoriole (SAN) has lamented the increasing rate of human trafficking, especially the girl child in the state.
Ohwovoriole decried the increase in his office in Asaba when the zonal commander of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Mr Nduka Nwawenne paid him a courtesy visit.
The Attorney-General stated that it was against the dignity of the state and disheartening to see that Delta State now ranked first in human trafficking, overtaking Edo State.
He stressed the need for stakeholders to tackle the menace, adding that if it was one single victim that was rescued, they would be rewarded for their efforts.
Ohwovoriole stated that young girls were the most vulnerable ones in the issue of human trafficking, stressing that children from poor family backgrounds also fall victim to human trafficking.
While saying that their request for an office space in the state would be looked into, to see how the government could be of assistance to them, he assured them of his ministry’s partnership in the fight against human trafficking.
He said that the Task Force on human trafficking and irregular migration, which he chairs, should be having regular meetings.
Earlier, the Zonal Commander of Naptip, Mr. Nwawenne informed the commissioner that Delta state had overtaken Edo state as the foremost state in human trafficking in nigeria.
He told the Attorney-General that their Zonal Command was the first to be established in Nigeria because of the prevailing issues of human trafficking in the area, noting that ika south was the highest in cases of human trafficking as a result of its proximity with edo state.
Nwawenne appealed to the Commissioner and the State Government to provide office accommodation for their officials to operate in Asaba.
City Crime
Army Arrests 50 Foreigners, Others For Job Racketeering
The Nigerian Army said it has arrested 50 suspects, including foreigners, for alleged international job racketeering in Lagos.
The Director, Army Public Relations, Brig. Gen. Onyema Nwachukwu, who addressed journalists in Abuja, on Wednesday, said the suspects were arrested during an operation jointly conducted by the Army and the Nigeria Immigration Service.
He also disclosed that no fewer than 13 criminals were killed and 88 arrested during various operations across 20 states of the federation.
Among those arrested include 50 suspects comprising foreigners who were nabbed for alleged International job racketeering.
Onyema said, “In the South-West region, on November 2, 2023, troops of 9 Brigade Nigerian Army in conjunction with personnel of Nigerian Immigration Service, Lagos State Command, conducted a raid operation on a suspected criminal hideout at Ifako Ijaye.
“During the operation, 50 suspects, including foreigners who specialise in international job racketeering, were arrested. In a similar development same day, the same troops arrested two suspects at a hotel in Ogba in the Ikeja LGA.
“The arrest was in connection with the murder of one Mallam Idris Ardo, the Ardo of Panya Village in Plateau State. Preliminary investigation revealed that one of the arrested suspects masterminded the killing of Ardo and fled the community since the incident occurred.”
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