Maurice Iwu: Impossible Bail Terms Amount To Refusal Of Bail By Aloy Ejimakor, Esq

On August 9, a High Court in Lagos granted Prof Maurice Iwu bail
in the amount of N1B and two sureties in like sum. Additional terms
included are that the sureties, one whom must be a civil servant or
a professor, must demonstrate a credit bank balance of at least One
Billion Naira.

With all due respects and without any intentions of preemption,
it is my considered view that crucial aspects of these bail terms
are unreasonable, excessive, impossible and potentially
unconstitutional. When terms of bail are unrealizable or impossible
to meet, they amount to a flat refusal of bail – as a matter of law
and fact. And, as in erroneous refusals of bail, such terms cannot
pass appellate or constitutional muster.

The right to bail is constitutionally guaranteed under Sections
35(1) and 36(5) of the Nigerian Constitution. The basic parameter
as set out in subsidiary legislation and quantum Court decisions is
that bail “shall be fixed with due regard to the circumstances of
the case and shall not be EXCESSIVE”. The operative word here is
‘excessive’, which is clearly present in Iwu’s case.

In particular, it is implausible that a civil servant or a
professor will have a bank balance of One Billion Naira. Unless he
inherited it or won the lottery (which is rare), how could such a
person have earned such money? From his wages or from what really?
It’s even conceivable that any such civil servant or professor who
steps forward to post such a bank balance may himself be risking an
investigation for avarice.

So, unless Iwu’s lawyers are hopeful of the impossible
unexpectedly becoming possible, I expect them to go back to the
same Court with an application for variation of the terms, with a
view to making them realistic and therefore possible to meet. On a
well-argued application, I wager the Court will see compelling
reasons to downgrade the terms.

Anything less will amount to an impermissible interference with
Iwu’s constitutional right to presumption of innocence.
—
Aloy Ejimakor, Esq, Managing Partner ADELBERT
LEGAL SERVICES, +234 803 265 1660 [email protected]^[1]

RevolutionNow: Dan-Halilu to Observe Sallah in DSS’
custody

The erstwhile Politics Editor of DailyTrust newspaper, Mr.
Ibrahim Dan-Halilu, is still in the custody of the Department of
Security Services (DSS), six days after he was arrested by
operatives of the Services at his Kaduna residence, PRNigeria^[1] can authoritatively
report.

The Muslim journalist may observe his Eid-Kabir Islamic
Celebration in detention rather with his family.

Though the DSS, it was learnt questioned Dan-Halilu on whether
he has any acquaintance or professional relationship with Mr.
Omoyele Sowore, convener of #RevolutionNow, a group which agitated
for a revolution in the country (earlier in the week); their
operatives in Kaduna have still refused to release him from
detention.

PRNigeria^[2] gathered that the
intelligence service questioned him about the motive of his
‘provoking’ Facebook post and sought his relationship with Sowore.
The DSS operatives are yet to find any incriminating proof or
evidence as to the claim that Mr. Dan-Halilu secretly lended a
‘tacit’ support for change of government thorough any violent
revolution.

The intelligence agency’s ‘stubborn’ resolve to still keep the
former Politics Editor in their custody is perhaps because they
suspected he either knows Mr. Sowore closely or he is a now
sympathizer of the main opposition party, the People’s Democratic
Party (PDP) even though he was staunch supporter of President
Buhari until 2018.

A friend to Danhalilu told PRNigeria^[3] that those behind
Dan-Halilu’s arrest think that unlike other Nigerians, the
Ex-Politics Editor and former Buhari fan from the North does not
have a right to air his grievances and express his displeasure over
burning national issues.

Meanwhile, Mr. Dan-Halilu’s lawyers are working assiduously
behind the scene to ensure the veteran Editor regain his freedom
without unnecessary delay.

A journalist, Ibrahim Dan-Halilu was arrested in Kaduna for
allegedly supporting the activities of RevolutionNow in a Facebook
post. The group, which is agitating for a revolution movement in
Nigeria, was convened by Omoyele Sowore, Publisher of Sahara
Reporters and Presidential Candidate of Action Democratic Congress
(ADC) in the 2019 election.

Mr. Dan-Halilu a staunch supporter of President Muhammadu before
the 2015 elections and was once a communication specialist with
USAID, Information Assistant at the US Embassy and a Regional
Communication Specialist for Family Health.

By PRNigeria^[4]