Prominent Nigerian human rights lawyer, Femi Falana (SAN), has described the bail conditions set for activist and politician Omoyele Sowore as illegal, citing a previous court ruling.
Sowore was invited by the Nigeria Police Force on Monday and detained after reportedly refusing to comply with the bail condition, which required him to produce a Level 16 civil servant as surety and surrender his international passport. Sowore rejected the condition outright, opting to remain in police custody.
In a Facebook post on Tuesday, Sowore revealed that the Deputy Inspector General of Police (DIG) of the Force Intelligence Department, Dasuki Galandachi, had revised the bail conditions. The updated terms now require only a Level 16 civil servant as surety.
However, Falana has argued that this revised condition remains unlawful, referencing a precedent set by the Court of Appeal. In a letter addressed to the Nigeria Police, Falana stated that such bail requirements had been declared invalid in the case of Dasuki v. Director-General, SSS (2020) 10 NWLR PT. 1731.
Falana quoted Justice Adah JCA, now a Justice of the Supreme Court, who ruled that involving civil servants in bail arrangements is inconsistent with Nigerian laws and public service rules. Justice Adah noted:
“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.”
The ruling further criticized the expectation of civil servants to meet financial or property-based requirements, calling it a violation of public service ethics and an impediment to the fight against corruption.
Falana urged the Nigeria Police to comply with the Court of Appeal’s decision and revise the bail conditions to align with the rule of law.
Omoyele Sowore remains in custody as of the time of this report.
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