Wednesday, August 14, 2013

The 4 Billion Naira (U.S.$ 24 million) bail bond.

by Eze Eluchie


Globally, when a Judge is of the opinion that, based on the information contained in originating documents for criminal prosecutions, there is a high probability of an accused person interfering with or impairing the course of justice, eloping from jurisdiction or being found guilty of the offences as charged, it is the norm to set stiff bail conditions or at times deny an accused person bail. The purpose of such stiff bail condition is amongst others to ensure expedient adjudication of the matter and safeguard the integrity of the judicial process.

These factors must have weighed on the minds of the presiding judge over the 54-count charges of fraud and misappropriation of public resources leveled against the Speaker of the Lagos State House of Assembly (Mr. Adeyemi Ikuforiji) and one of Ikuforiji’s personal aides, The Honorable Justice Ibrahim Buba of the Federal High Court, Lagos, when he set bail at an ordinarily incredulous sum of One Billion Naira (over U.S.$ 6 million), and 2 sureties each at the same sum, respectively for two accused persons. Total bail sum and bonds required to effect the release from custody of the duo of Mr. Ikuforiji and his aide was over 4 Billion Naira (more than U.S.$ 24 million).

To the astonishment of discerning observers and any sane legal system, the two accused persons (one a mid-level politician and the other a low ranking civil servant), who are notoriously aligned with the political leadership in Lagos State, were able to fulfill the bail conditions and never stayed one minute in prison custody. The Speaker till date continues to preside over the Lagos House of Assembly, he and his aide continue to revile in having out-scammed the legal process, and our contraption is the worse for it. Considering that the accused persons have returned to their offices, the case is as good as dead!

What else could we have expected from our Judges, our judicial system, apart from what the Judge in the present matter did? Yet, it had been possible to post bail bonds in excess of US $ 24 million and the system has not enquired into the charade?

In other climes, indicted persons would have opted to save the polity the stench of their nuisance, by resigning or at least temporarily stepping aside from the public office - not so in our beloved contraption, the indicted reign supreme. The indicted Speaker, out on bail, continues to shamelessly preside over the affairs of the State legislative house.

The loud silence from the usually vociferous ten-a-penny ‘anti-corruption’ ‘civil society’/’activist’ community to this present episode is really not unexpected, knowing who the accused persons in this matter owe allegiance to.

A situation where a State Government surreptitiously posts bail to secure the release of persons accused of defrauding the same State, is to put it mildly, pathetic.

This particular nightmare for our system occurred way back in June 2013 - it seems to have gone under the radar, setting a most worrisome precedence. 

The rot is certainly not sustainable!

Only a holistic restructuring and renegotiation of the Nigerian contraption can abate this continuing nuisance.






Picture: Corruption poster © elephantic.com


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