Saturday 3 October 2015

LEGAL LUMINARIES

BAIL SHOULD BE FREE...WHY IS IT NOT? 9JA STYLE
  OK here is what and how the constitution of the Federal Republic of Nigeria 1999(as amended) provides under section 35(1), it covers the aspect of an individuals right to freedom of movement, this is because a person is presumed innocent until found guilty of a particular offence by a competent court.
   Now there are certain types of bail as provided by the law,which are
Police bail
Bail by the court
Bail by the court pending Appeal

   We are also aware of the fact that bail is supposed to be free without paying any amount of money(police bail)to  the police officer at the counter abi....but this is obviously not the situation in the real sense and now the question is WHY? Why should a person who has not even been found guilty of an offence be refused bail or even asked to pay a certain amount before he/she will be released ...9ja things. Must it always be the usual 'greasing of the palm, infact a person alleged to have committed an offence should not be kept behind bars for more than 24 hours except in very rare circumstances which the law provides for clearly.So what is the problem, these bad eggs in the system has eaten deep into our legal system that there is no more regards for the Nigerian judiciary,which is supposed to have a powerful influence on such issues.
   Most times people are refused bail because of the 9ja syndrome of our so called 'untouchable people",our "big men",so when you go to get bail for a person you hear something like this from the 'ocee'(police officer) at the counter "Am Sorry we can't release this person,it's an order from ABOVE", Then you know money is talking at that point...
   In the real sense, the constitution and it's provisions should be a guiding force for all citizens both the rich and poor but today the reverse is the case, everywhere corruption. Our law enforcement agencies no longer respect  the constitution, they make their own laws in their heads out of greed and selfishness,and it's really heart aching that our legal practitioners that know the position of the law as enshrined in the 1999 constitution are grand players to this mayhem.And i keep asking WHY?
   This question always and still hovers around my head like 'icing around a cake' and am sure out there are good citizens who has the reputation of the Nigerian Legal System at heart,"does this ever make you put on your thinking cap, What answers did you finally settle with that could be the cause of this?or should we just get used to it?
              

2 comments:

  1. The country is corrupt. it will take years to fix it.
    www.ckjacob.com

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  2. I think laws are made to be broken and it only serve as a temporary means to get offenders or law breakers... The attitudes displayed by law enforcement agents are not as a result of an adequate or default laws, but as a result of selfishness and lack of personal intergrity in the the force.

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