Prominent Nigerian human rights lawyer, Femi Falana (SAN), has vehemently called on Inspector-General of Police, Dr. Kayode Egbetokun, to urgently revoke the illegal and unconstitutional bail conditions imposed on activist Omoyele Sowore. In a statement issued on Tuesday, Falana condemned the unprecedented requirement that senior civil servants or public officers be involved as sureties for individuals accused of criminal offenses, deeming it unlawful and a violation of established legal precedents.
Falana’s strong condemnation stems from the recent arrest of Sowore, who was detained by the Nigerian Police Force on allegations of cyberstalking. Upon his arrest, Sowore was granted bail with the stipulation that he must provide a Grade Level 17 officer in the Federal Public Service as a surety. This condition, Falana argues, contradicts both Nigerian law and global best practices, as it is neither a standard nor legally sanctioned procedure.
The human rights lawyer referred to a landmark ruling by the Court of Appeal in the 2020 case of Dasuki v. Director-General, SSS, where the court explicitly declared the involvement of public officers in the bail process for criminal suspects as illegal. Justice Adah JCA (now JSC) had emphasized that such practices were neither recognized in Nigeria nor in any civilized legal system, a precedent that Falana believes must be upheld by all law enforcement agencies.
Falana also highlighted the practical absurdity of the bail condition, particularly the unrealistic expectation that a Grade Level 16 civil servant would possess personal property valued at N100 million. He pointed out that this is in direct conflict with the Public Service Rules and undermines the nation’s ongoing battle against corruption. “This requirement not only lacks legal grounds but also presents an impractical and ethically questionable demand on civil servants,” Falana noted.
Furthermore, the legal expert criticized the Nigerian Police for overstepping its bounds and violating the rule of law, urging that law enforcement agencies must adhere to established legal standards and respect human rights. “The Nigerian Civil and Public Service Rules do not provide for such a bail condition. Expecting a civil servant at Grade Level 16 to own assets worth N100 million undermines the integrity of our public service and hampers the anti-corruption initiatives our country is striving to uphold,” Falana stated.
In a forceful call for Sowore’s immediate and unconditional release, Falana appealed directly to Dr. Kayode Egbetokun, urging him to reverse the unconstitutional bail conditions and ensure that Sowore is freed from custody without delay. “In view of the clear and unambiguous state of the law, we are compelled to call on the Inspector-General of Police to cancel the illegal bail condition for Mr.Omoyele Sowore and release him from police custody without any further delay,” Falana concluded.
This call to action has sparked widespread public debate, with many legal experts and human rights advocates rallying behind Falana’s stand for justice. The unfolding drama around Sowore’s detention has once again ignited concerns about the abuse of power and the disregard for legal norms within Nigeria’s law enforcement agencies. As the situation continues to unfold, all eyes are on the Nigerian Police Force and the IGP’s next steps in what is rapidly becoming a defining moment for the rule of law in the country.
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