I read with much worry and disturbance, the report from the
Federal Capital Territory, that a High Court dismissed the application for
bail, filed by PDP chieftain, Senator Iyiola Omisore, for his release from
custody. It was reported that the court held that the said application was
premature, given that another court had made an order for his remand.
With all due respect, it is totally wrong for any court to deny
any citizen in Nigeria, the right to be granted bail, in any criminal case that
does not attract capital punishment. This is because an application for bail in
a non capital offence, is an invocation of the constitutional right to personal
liberty, as enshrined in section 35 of the 1999 Constitution. It therefore
baffles me beyond understanding, as to how a court created under the
constitution to protect and enforce the rights of citizens, will turn out to be
the one denying and frustrating these rights.
Although the power to grant bail is at the discretion of the
court based on the facts of every case, such discretion must be exercised
judicially and judiciously and same must lean in Favour of the liberty of the
citizen.
In this particular case, it would seem that the court relied on
section 293 of the Administration of Criminal Justice Act to conclude that
Senator Omisore could be detained for 14 days in the first instance and that
such detention could be renewed for another 14 days.
This decision is wrong in law, with due respect. Section 293 of
ACJA is designed to assist law enforcement agencies carry out detailed
investigation in respect of complicated capital offences such as murder, armed
robbery, etc, where only the court could grant bail. It is not for economic and
financial crimes, to warrant the court to be sanctioning dictatorship and gross
violation of the rights of citizens, under the guise of investigation.
In this particular case, it is said that the EFCC itself had
already granted bail to Senator Omisore, but with very stringent conditions, leading
him to approach the court for a simple order of variation. It is inconceivable
that a court of law established under the constitution can be behaving as if
Nigeria is under military rule, where peoples' rights are to be locked inside
the cooler, for oppression and anarchy to thrive.
Even where the court has granted a remand order under section
293 of ACJA, the same law under section 294 allows the court to grant bail or
reduce the period of remand, as the case may be.
We cannot afford a judiciary that is cowed and pocketed by
prosecuting agencies, we cannot condone a judiciary that operates at the whims
and caprices of the prosecution, totally intimidated, bullied and silenced into
total compliance with wanton violation of citizen's rights.
Thus, it is wrong in law, for EFCC to grant bail to a citizen
and then the court will deny the same citizen bail! It is clear to me that the
courts are gradually and systematically reading the dictatorial body language
of Mr. President, Maj Gen Muhammadu Buhari, retd., who has so far succeeded in
pummeling and rubbishing the judiciary almost beyond redemption.
There is no reason for any citizen to remain in custody
indefinitely without trial. Pray, why did the court not at least extract an
undertaking from the EFCC that Senator Omisore will be charged to court on a
particular day? Why did the court not verify the strength and extent of
investigation so far achieved? Why did the court not probe the circumstances of
his arrest and detention? This is totally unacceptable.
I do so now urge our courts to stand up and defend the
constitution, as that is their sacred oath and duty to Nigerians.
That is why the judiciary is the last hope of the common man,
not to frustrate and deny the rights of citizens.
Thank you.
Ebun-Olu Adegboruwa, Esq
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