IGP Kayode Egbetokun Should Cancel Illegal Bail Condition For Omoyele Sowore - Femi Falana, SAN
The authorities of the Nigeria Police Force, Yesterday, arrested Mr. Omoyele Sowore for alleged cyberstalking. In admitting him to bail, the suspect was asked to produce a surety who is a Grade Level 17 officer in the Federal Public Service.
It is pertinent to draw the attention of the Nigeria Police Force and other law enforcement agencies in Nigeria to fact that the Court of Appeal declared the involve Force of top level civil servants in the bail of criminal suspects in the the case of Dasuki V. Director-General, S.S.S. [2020]10 NWLR PT.1731 PG. 136-143 where Adah JCA (now JSC) held as follows:
“Let me quickly say that of concern it is to us that as a court we must be ready and sensitive enough not 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 property worth N100,000,000, will be running counter to 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 Servant 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.”
In view of the clear and unambiguous state of the law, we are compelled to call on the Inspector-General of Police, Dr. Kayode Egbetokun, to cancel the illegal bail condition for Mr. Omoyele Sowore and release him from police custody without any further delay.
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