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NBA condemns stringent bail conditions, warns against pre-trial detention by proxy
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The Nigerian Bar Association (NBA) has expressed concern over what it described as the growing trend of excessive and unrealistic bail conditions imposed by courts and law enforcement agencies, warning that such practices undermine the constitutional right to personal liberty and the presumption of innocence.
In a statement issued by its President, Afam Osigwe, the association said the increasing insistence on sureties who are senior civil servants on specific grade levels, as well as demands for landed properties of extraordinary value, has effectively turned bail into a form of pre-trial detention for many accused persons.
According to the NBA, although bail is granted in many cases, those affected often remain in custody because the conditions attached to their release are difficult to meet.
The association stressed that bail is a constitutional safeguard intended to secure the attendance of an accused person in court while preserving his or her liberty pending the determination of guilt or innocence.
“It is neither a punishment nor a mechanism for imposing pre-trial incarceration by indirect means,” the NBA stated, adding that bail conditions must be reasonable, practical and capable of being fulfilled by the accused person.
The body cited the Supreme Court decision in Suleman & Anor v. Commissioner of Police, Plateau State, which held that the objective of bail pending trial is to grant pre-trial freedom to an accused person whose appearance in court can be secured through appropriate conditions.
The NBA noted that many courts continue to impose conditions that are disconnected from prevailing economic realities, including requirements for sureties who are serving civil servants on Grade Levels 16 or 17 and ownership of high-value landed properties.
It further referenced the Court of Appeal judgment in Dasuki v. Director-General, State Security Service & Ors, where the court criticised the practice of mandating serving public officers as sureties. The appellate court reportedly described such requirements as inconsistent with civilised legal systems and contrary to public service regulations.
According to the NBA, the Court of Appeal also questioned the practicality of expecting public servants on senior grade levels to own properties worth hundreds of millions of naira, noting that such expectations could conflict with public service rules and anti-corruption principles.
The association pointed to Section 165(1) of the Administration of Criminal Justice Act, which provides that while courts have discretion in granting bail and setting conditions, such conditions must not be excessive.
The NBA argued that judicial discretion must be exercised reasonably and in line with constitutional guarantees, warning that unattainable bail conditions amount to a refusal of bail in substance and contribute to overcrowding in correctional facilities.
The association also criticised the restriction of acceptable sureties to a particular class of citizens, especially senior civil servants, describing the practice as lacking legal, empirical and rational justification.
“There is no evidence that civil servants are inherently more reliable as sureties than other law-abiding citizens,” the statement said.
The NBA therefore urged courts across the country to ensure that bail conditions remain fair, proportionate and attainable, while safeguarding the constitutional rights of accused persons.
It further called on judicial officers to uphold the presumption of innocence and ensure that bail remains a meaningful legal mechanism rather than a privilege available only to those with substantial means or influential connections.
Osigwe maintained that the administration of justice would be better served when courts balance the protection of individual rights with the need to secure the attendance of accused persons at trial through reasonable and lawful conditions.
News
Nigerians granted visa-free entry to Grenada
The Consulate of Grenada in Nigeria has announced visa-free access for Nigerian passport holders as part of efforts to boost trade, tourism, and investment ties between the two countries.
Grenada’s Consul to Nigeria, Ambassador Abidemi Sonoiki, disclosed the development during an interactive session with journalists on Thursday.
He said the Caribbean nation has already approved free entry for Nigerians and is awaiting reciprocal action from the Nigerian government through diplomatic channels.
“I have a letter from Grenada’s foreign affairs authorities to Nigeria’s Ministry of Foreign Affairs. Grenada has approved free access for Nigerians, and we expect Nigeria to reciprocate the gesture,” Sonoiki stated.
The move aims to deepen economic relations.
Sonoiki highlighted investment opportunities for Nigerians in sectors including tourism, aviation, real estate, maritime services, education, agriculture, and financial technology.
Grenada, with a population of about 125,000, is described as a stable, investment-friendly destination with a low crime rate.
Its currency has remained stable since the country gained independence in 1974.
Tourism forms the backbone of its economy, attracting visitors for vacations, weddings, cultural events, and education.
The envoy disclosed that discussions were also ongoing to establish a direct air link between Nigeria and Grenada, with hopes that a permanent route could begin operations within the next six months.
Such connectivity would enhance tourism, trade, and people-to-people exchanges, positioning Grenada as a gateway to the wider Caribbean market of around 46 million people, while leveraging Nigeria’s role as a key entry point into Africa.
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NUPRC Seeks Funding For Oil, Gas Operators
The Nigerian Upstream Petroleum Regulatory Commission (NUPRC) has appealed to financial institutions to increase funding for oil and gas operators as part of efforts to expand domestic production.
NUPRC chief executive, Oritsemeyiwa Eyesan, made the call during a visit by senior executives from Rand Merchant Bank (RMB) to the commission’s Abuja headquarters.
Eyesan emphasised the importance of collaboration between regulators, financiers and operators to unlock investment and accelerate growth in the country’s gas sector.
“One critical element will be financing, and we are hoping that you and the financial world will be there to support us. We will ensure that the industry operates in accordance with the Petroleum Industry Act and all other regulatory instruments,” Eyesan said.
She disclosed that the industry’s appetite for investment is very strong, as demonstrated by the interest in the ongoing 2025 licensing bid round, which witnessed almost 300 applications from IOCs and indigenous operators.
The NUPRC boss also highlighted ongoing initiatives around energy transition, including the issuance of Permits to Access Flare Gas (PAFG) to 28 firms and a target of 60 per cent reduction in fugitive methane emissions by 2031, among other initiatives aimed at promoting sustainable development in the upstream sector.
Responding, the head of Oil and Gas Coverage at Rand Merchant Bank, Jonathan Ross, said the bank is keen on supporting Nigeria’s efforts to grow oil and gas production, with a particular focus on gas development.
He described gas as a strategic priority for the bank, citing major infrastructure projects such as the OB3 Gas Pipeline as critical to unlocking the country’s vast gas potential.
The bank also acknowledged recent regulatory reforms and improvements in security in host communities, noting that Nigeria is in a stronger position to attract investment than in previous years.
News
Falana To FG: Recover $118.67bn, N66.4bn in Outstanding Oil Sector Funds
Human rights lawyer Femi Falana has urged the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, to take immediate legal steps to recover over $120.5 billion and N66.4 billion owed to the federal government by the Nigerian National Petroleum Company Limited (NNPCL), international oil companies (IOCs), and other industry operators.
Falana, in a letter on behalf of the Alliance on Surviving Covid-19 and Beyond (ASCAB), stated that court rulings, government investigations, and federal agency reports confirm that these substantial amounts, comprising unpaid royalties, taxes, dividends, and other revenues, are still unpaid and must be remitted to the Federation Account.
The senior lawyer warned that if the Attorney-General does not initiate recovery actions within 14 days of receiving the letter, ASCAB would seek a court order compelling him to act in accordance with his constitutional and legal duties.
Falana identified five main categories of funds to be recovered.
The largest portion, he said, is $62 billion in unpaid royalties owed by international oil companies, due to the federal government’s failure to enforce the Deep Offshore and Inland Basin Production Sharing Contracts Act.
He explained that Section 16 of the law requires royalty increases when crude oil prices exceed $20 per barrel, but this was overlooked for 18 years, resulting in significant revenue loss.
Falana also stated in the letter that the governments of Akwa Ibom, Bayelsa, and Rivers approached the Supreme Court and that on October 20, 2018, the apex court issued a consent judgment instructing the federal government to recover these royalties and pay the states their 13% derivation entitlement.
The right advocate further stated that a committee set up by former Attorney-General Abubakar Malami concluded that $62 billion could be recovered from the international oil companies.
He also mentioned that the Federal High Court has issued judgments supporting Akwa Ibom, Rivers, and Bayelsa states’ claims to their share of the disputed royalties.
The lawyer further urged the government to recover $29 billion in proceeds from crude oil theft and undeclared exports.
He also pointed out that findings by lawyers hired by NIMASA reportedly showed that 60.2 million barrels of crude, worth about $12.7 billion, were discharged at the Port of Philadelphia, USA, between 2011 and 2014.
Falana also cited a House of Representatives ad hoc committee report that estimated that $17 billion in crude oil and LNG exports left Nigeria without proper records during the same period.
He called on the Attorney-General to direct the EFCC to recover the funds from the oil and shipping firms involved.
Regarding Nigeria LNG Limited (NLNG), Falana accused NNPCL of failing to remit $21.5 billion in dividends received on behalf of the federal government.
He pointed out that NLNG paid over $44 billion in dividends over 26 years, with NNPCL, holding a 49% stake, receiving about $21.5 billion, which has not been remitted to the Federation Account despite several recommendations and resolutions.
Falana also referenced NEITI’s 2022/2023 report, which identified $6.071 billion and N66.4 billion in outstanding revenues as of June 2024.
He criticised the National Assembly for approving a $2.1 billion external loan request in November 2024 amid these recoverable revenues.
The lawyer urged the Attorney-General to recover $2.9 billion spent on rehabilitating the Port Harcourt, Warri, and Kaduna refineries, noting contractual breaches by foreign contractors and operational issues, including refinery shutdowns.
He called for an EFCC investigation into the contracts and recovery of related funds.
He emphasised that recovering these sums would boost government revenue and lessen dependence on external borrowing.
“If the said sum is recovered, the Federal and state governments will avoid further external loans,” the letter stated.
Falana asserted that ASCAB has the legal standing to pursue legal action if necessary, citing its role in advocating amendments to the contracts law, which President Buhari signed into law in 2019.
As of now, neither the Office of the Attorney-General nor NNPCL has publicly responded to these claims and requests.
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