In a dramatic turn of events, human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has vehemently condemned the bail conditions imposed on Omoyele Sowore, calling them “illegal” and a violation of court rulings. The activist and presidential candidate, who was detained by the Nigeria Police following an invitation on Monday, was initially given stringent bail terms, sparking outrage from legal and human rights circles.
Sowore, a leading pro-democracy campaigner, was reportedly required to provide a level 16 civil servant as a surety and also surrender his international passport as conditions for his release. This move from the Nigerian police quickly attracted the attention of his legal team and supporters, who expressed concern over the legality and fairness of the conditions.
According to Sowore himself, who shared updates on his social media platforms, the initial bail conditions were later modified by the police. He stated that the team of officers handling his case informed him that the Deputy Inspector-General of Police (DIG), Dasuki Galandachi, had reconsidered the matter. The revised conditions stipulated only the provision of a surety who was a civil servant at the level of 16 or above, a lesser but still controversial stipulation.
Femi Falana, however, wasted no time in addressing the situation, highlighting a significant legal precedent. In an official statement sent to the Nigeria Police, the renowned human rights lawyer pointed out that the condition was already deemed illegal by the Court of Appeal in a ruling dating back to 2020. Falana referenced the case of Dasuki v. Director-General, State Security Service (S.S.S.), where the court had made it clear that involving civil servants in bail processes is not only inappropriate but also runs contrary to public service rules.
“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,” Falana said in his letter.
In the 2020 ruling, Justice Adah, who now serves as a Supreme Court Judge, condemned the practice of involving public servants in the bail process, stating it violated both legal norms and public service ethics. Justice Adah specifically criticized the practice of requiring civil servants, especially those below level 16, to act as sureties in criminal cases. He further argued that such a practice was “an oversight” by the courts and that it ran counter to the government’s fight against corruption.
“The issue of involving civil servants or public officers in bail of people accused of criminal offences has never been the practice in Nigeria or any part of the civilized world,” Justice Adah stated. His verdict added that public service rules do not cater to such practices, warning that it could undermine the integrity of the civil service.
The implications of this legal perspective have prompted Falana to call for immediate correction of the police’s actions. The lawyer emphasized that this type of bail condition is not only illegal but could also lead to further public mistrust in Nigeria’s justice system. “Expecting a Level 16 Servant to own property worth N100,000,000 is running counter to the Public Service Rules and by extension the war against corruption,” he added.
Falana’s intervention comes after Sowore’s refusal to accept the original bail terms, a decision that has captured national attention. Sowore, who is also the publisher of the popular news platform Sahara Reporters, has long been a vocal critic of Nigeria’s government. He gained widespread recognition for his role in organizing protests against corruption and the government’s handling of national issues. His arrest earlier this week marked the latest chapter in a series of confrontations with the Nigerian authorities.
In the aftermath of Sowore’s detention, supporters of the activist have rallied around him, demanding his immediate release and condemning the police’s heavy-handed approach. Human rights organizations, including Amnesty International, have also weighed in on the matter, calling for a review of the case and an end to what they describe as the “persecution” of political dissent.
The row over Sowore’s bail conditions also casts a spotlight on the broader issue of arbitrary detention and the treatment of political activists in Nigeria. Critics have long argued that the Nigerian government uses the judicial system to silence opposition figures, especially those like Sowore who have been vocal in their criticism of the ruling class.
The police’s insistence on such extreme bail conditions for Sowore raises questions about the potential for political motivations behind his arrest. As Falana rightly pointed out, the move to require a high-level civil servant as a surety could potentially be seen as an attempt to complicate the process of securing his release, thus ensuring his continued detention.
In response to the controversy, the Nigerian Police have yet to officially comment on the legality of the bail conditions or the criticisms levied by Falana. However, insiders within the police force have hinted that there may be further adjustments to the bail conditions, particularly in light of the public outcry and the mounting legal pressure from Sowore’s legal team.
