Falana Declares Bail Condition for Sowore Illegal, Cites Court of Appeal Ruling

Nigerian human rights lawyer, Femi Falana (SAN), has described the bail conditions imposed on activist and politician Omoyele Sowore as illegal, citing a previous ruling by the Court of Appeal.

InfoStride News reports that Sowore, who was invited by the Nigeria Police on Monday, was initially asked to provide a Level 16 civil servant as a surety and surrender his international passport as part of his bail conditions.

However, Sowore rejected the conditions outright and opted to remain in custody.

In a recent update shared on his official Facebook page, Sowore disclosed that the Deputy Inspector General of Police (DIG) of the Force Intelligence Department (FID), Dasuki Galandachi, had reviewed the conditions, reducing them to just the provision of a Level 16 civil servant as a surety.

However, Falana criticized the revised condition, stating it had been declared illegal by the Court of Appeal. In a letter addressed to the Nigeria Police, Falana referenced the case of Dasuki v. Director-General, SSS [2020] 10 NWLR PT.1731 PG. 136-143, where Justice Adah (now JSC) ruled against such requirements.

Falana wrote:
“Thanks for reducing the bail condition of Mr. Omoyele Sowore to a surety of Level 16.

“However, I wish to point out that such bail condition has been declared illegal by the Court of Appeal in the case of Dasuki v. Director-General, SSS [2020] 10 NWLR PT.1731 PG. 136-143. Justice Adah held:

‘The issue of involving civil servants or public officers in the Public Service of the Federation or the State in the bail of individuals accused of criminal offences has never been the practice in Nigeria or any part of the civilized world.

‘Expecting a Level 16 civil servant to own property worth N100,000,000 runs counter to the Public Service Rules and undermines the war against corruption.’

“It is in this respect that I will act ex debito justitiae to ensure that the aspect of involving serving public servants in such bail conditions is removed, and I so order.”

Falana has urged the Nigeria Police to comply with the ruling of the Court of Appeal, emphasizing the need to uphold the law and ensure justice is served.