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