UPDATE-Sowore vs FG: Lawyers divided over stringent bail condition

Sowore was granted a N100million bail with two sureties, who must be resident in Abuja and also have landed property in the city...

Justice Ijeoma Ojukwu of a Federal High Court sitting in Abuja, had on October 4, 2019 handed down what has now turned out to be known as iron bail on Omoyele Sowore, convener of #RevolutionNow and Sahara Reporter Publisher and his colleague, Olawale Bakare.

Sowore was granted a N100million bail with two sureties, who must be resident in Abuja and also have landed property in the city.

The preferred against Sowore include conspiracy to commit treasonable felony, contrary to section 516 of the criminal Code Act Cap C38 Laws of the Federation of Nigeria, 2004, and punishable under the same section of the Act.
In this edition of Law and Human Rights, lawyers react to the bail conditions.Excerpt:

Seyi Sowemimo SAN
Treason is grave offence which could result in a death sentence and for this reason it is legitimate for the Court to impose stringent bail conditions. The stringency of the conditions will depend on the strength of the evidence which appears to be available to establish the offence.

Ebun-Olu Adegboruwa, SAN

Bail is always a matter of discretion for the judge handling the case based on certain established legal principles. 

However, section 165 of the Administration of Criminal Justice Act prescribes that the terms of bail to be granted should be liberal and not excessive. 

Once the terms of bail are too stringent or excessive, then it amounts to a denial of bail. In Sowore’s case, it all depends on the facts presented before the court during the argument of his bail.

 Generally however, bail conditions should not be commercialized or made or be too onerous as that in itself may become a punishment.

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