OPINION
Asking EFCC , Police and Others Who Oppose in Court the Bail of Citizens to Verify Sureties in a Bail Process is Unconstitutional and Offends the Code of Conduct for Judicial Officers
By:Douglas Ogbankwa Esq
The Judiciary in Nigeria should realise that they are the custodians of the Law and as such they do not adjudicate on matters based on how they feel about a matter or how they feel about a person, but based on what the Law say .The law is clear that there must be an unassailable level of fairness and independence in the judicial process .
The incessant action of some Federal High Court Judges that ask the Prosecutor, who opposed the bail in their Courts in criminal cases, who are parties to the Matter before the Court to verify sureties of the Defendants granted is unconstitutional. It defeats the ends of justice and hands over the fate of Citizens affected to their enemies.
It is like the National Judicial Council asking Defendants in criminal cases to access the conduct of Judges. To make matters worse, the conduct offends *The Code of Conduct for Judicial Officers*NJC Code of Conduct https://njc.gov.ng/code-of-conduct
A Judge like the almighty God is expected to be fair in his actions in Court, imperial in his verdict and majestic in its findings. It offends the Principle of Nemo Judex In Causa Sua -No Man shall be a Judge in its own cause, for hostile and opposing Prosecutors to be asked to verify the Sureties of the alleged Defendant(s) in a criminal prosecution, when both of them are parties before Court on the opposite sides .What it means is that a Court that asks the EFCC , Police and others to verify sureties has not just taken sides in the matter, but has surrendered the sovereignty and suzarainty of the Court to another party and it is deemed that the Prosecutuon is now part of the Court, which scenario offends Section 36 of the Constitution of the Federal Republic of Nigeria ,1999 (As Amended) ,which states that the Court should be constituted in a way and manner that guarantees its independence and impartiality.Fair Hearing is not just fairness in the hearing of the Matter , but fairness in the Procedure that was followed , before a verdict is reached .Justice is a three way traffic , it is justice for the State , justice for Defendant and justice Complainant.Any unfair advantage given to any party negates the values of justice depicted by the Statue of Justice which is blind and has a balanced scale of justice.
Some of these prosecutors end up assuming the position of God over the defendants in a way and manner that makes the Bail Application Process look like a charade. There are Defendants who stay in prison for close to.one year because of this avoidable legal faux paux and the Courts most times are indifferent to the plight of the Defendants turned victims who are mostly the poorest of the poor in our Society. The rich and powerful some times leave custody the same day they are granted Bail or a day or two after.
The Federal High Courts should also stop imposing obnoxious conditions for Bail, like the provision of very senior Civil Servants or a Surety that has a house that has a Certificate of Occupancy , as same is responsible for Prison congestion.There is nothing wrong in granting Bail and the Defendant goes home the same day.When ever a Nigerian is alleged to have Commited a crime , it appears his citizenship has been suspended as he is mostly treated below the the normal human threshold.This is not what the Law envisages and it must cease forthwith.
Douglas Ogbankwa Esq. can be reached on: douglasogbankwa@gmail.com
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