"It is unlawful to impose civil servants as sureties for bail" -ex NBA scribe

A former Publicity Secretary of the Nigerian Bar Association (NBA), Mr Douglas Ogbankwa, on Wednesday, described as unlawful the frequent imposition of civil servants as sureties in criminal trial.

Ogbankwa spoke on the lawful provisions and guidelines for the Administration of the Nigerian criminal justice system

He said that the practice of courts as well as some security agencies, in imposing high ranking civil servants as sureties in criminal matters, runs contrary to lawful provisions..

According to him, "this practice with all due respect to my lords, their worships, their honours and the head of security agencies, does not conform with the extant law on the matter in Nigeria."

"A cursory look at sections 158 to 166 of the Administration of Criminal Justice Act 2015, which are relevant sections in the Administration of Criminal Justice Laws of states, shows that sureties as provided by the laws, should be blood relatives of the defendants.

"While the law made references to blood relatives specifically, there is no portion where it mentioned civil servants or house owners, with certificates of occupancy.

"This practice which is very obnoxious and unacceptable has led to the unwarranted detention of defendants in correctional facilities and in some cases death of some defendants," he said

Ogbankwa noted that the grant of bail is not an escape route from justice, but an opportunity given to the defendant to prepare for his defence as provided for by section 36 of the constitution.

"In other parts of the world, whether you are rich or poor, you are arraigned in court and go home that same day.

"Bail is a constitutional right, and not a favour to be done by a judicial official or security agent" he said

He said that this comparative analysis of bail conditions in other parts of the world reveals that the Nigerian criminal justice system with regards to bail is stringent

Citing an appeal court decision per Hon. Justice Adah J.C.A, he noted that expecting a level 16 civil servant to own a property worth N100 million will be running contrary to the public service rules and by extension the war against corruption.