Human rights lawyer, Femi Falana, has faulted the Nigeria
Police Force over the arrest of Abubakar Marshall, a lawyer to activist Omoyele
Sowore.
Falana also debunked claims by police that Sowore jumped
bail, saying that the activist had presented himself for any possible
arraignment.
Marshal was arrested on Friday
for allegedly failing to produce Sowore on February 25.
Sowore, the publisher of Sahara Reporters, was arrested on
February 24, following a petition of criminal defamation, injurious falsehood
publication of news known to be false, against him.
His arrest followed a petition by billionaire Ned Nwoko,
through his lawyers, Trifold Law & Partners, against Sahara Reporters
Foundation.
Lawyer Marshall had stood as surety for Sowore after he was
granted an administrative bail with a promise to produce him on February 25.
Falana said, “In a bid to justify the illegal arrest of
Abubakar Marshall Esq. the Police claimed that the lawyer contravened an
unspecified provision of the Criminal Code because he failed to produce a
client, Mr. Omoyele Sowore at a police station in the Federal Capital
Territory.
“It is public knowledge that the movement of Mr Sowore has
been restricted to the Federal Capital Territory for the past two years on the
orders of the Federal Capital Territory.
Since his abode is well known to the security agencies, it is grossly misleading to claim that his
surety has contravened any provision of the Penal Code.
“However, in spite of the indiscretion of Abubakar Marshall
to stand surety for Mr. Sowore, his arrest, detention and prosecution by the
Federal Capital Territory Police Command cannot be justified under the law
“It is trite law that a surety cannot be arrested, detained
and charged with any criminal offence before any court in Nigeria on the ground
that a suspect has jumped bail or failed
to report for investigation or arraignment.
“The penalty is that
the surety is legally obligated to pay the sum stated in the recognisance or
bail bond. Before the bail bond can be
forfeited the surety is entitled to show a cause or justify before a Court why
it should not be forfeited.
“However, if the surety fails to pay the sum stipulated in
the bond the court shall proceed to recover it from the surety like a fine
under the Administration of Criminal Justice Act.
“In view of the several decisions of Nigerian courts on the
contractual nature of suretyship, Abubakar Marshall has not committed any
offence whatsoever. The authorities of
the Federal Capital Territory Police Command are advised to withdraw the
criminal charge erroneously filed before the Upper Area Court in Kubwa.
However, since Mr. Sowore is not on the run he has decided to report himself to
the Police for any possible arraignment.”
Advertise on NigerianEye.com to reach thousands of our daily users
This comment has been removed by a blog administrator.
ReplyDelete