City Crime
Surety For Bail
Bail can be defined as the process whereby a person accused or being charged for the commission of an offence, is released by the constituted authority who is detaining him, on the condition that he will appear or report to a police station or court or other identified location in future whenever his presence is required or so ordered. There are two broad types of bail in Nigeria. They are police or administrative bail and court bail. My interest in this write up is court bail, which is granted by a court of law. It is granted in two scenarios – bail, pending trial of the accused person, or bail pending the appeal of the accused.
When a person is granted bail, some conditions for the grant of the bail may include getting a surety. In Nigeria the courts prefer sureties with landed property in certain locations who in most cases should be public or civil servants of level 16. In Dasuki V. Director-General SSS (2020) 10 NWLR Pt 1731 Pg 136-143, the appellant approached the High Court for the enforcement of his fundamental right to liberty. The case was contested, the Federal High Court, after hearing the parties held that the fundamental right of the appellant was infringed upon but, in the circumstance of the case granted him conditional release from custody on bail. Dissatisfied with the judgement, the appellant appealed to the Court of Appeal on grounds inter alia, that the bail conditions were onerous.
The Court of Appeal allowed the appeal, varied the bail conditions imposed by the Federal High Court, granted him bail in the sum of N100,000,000.00 and two sureties in the like sum who must be serving civil servants not below the status of level 16 officer in either the state or federal public service or any of its agencies. Each of the sureties was to furnish evidence of ownership of property in the federal capital territory worth N100,000,000.00.
Subsequently, the applicant filed a motion on notice at the Court of Appeal, seeking an order for leave to apply to vary, review or substitute the bail terms contained in the judgement of the Court of Appeal; and an order to vary, review and substitute the bail conditions. The applicant in substitution sought an order granting him bail with two sureties who shall be public servants not below the status of level 16 officers. On whether civil servants or public officers can be involved in bail of accused persons. Per Adah J.C.A at Pg 153 paras. F. A: stated thus:
“Let me quickly say that of concern it is to us that as a court we must be ready and sensitive enough to allow or do anything that will run foul of the law. The issue of involving civil servants or public officers in the public service of the federation and the state in bail of people accused of criminal offences has never been the practice in Nigeria or any part of the civilized world. It was an oversight on our part to allow it in.
Our civil and public service rules do not have any room for it. Expecting a level 16 servant to own a property worth N100,000,000.00 will be running counter of the public service rules and by extension 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 not below the status of level 16 officer in either the state or public service of the federation or any of its agencies be removed and I so order.”
By: Nkechi Bright-Ewere
The Rivers State Government has vowed to enforce strict compliance with approved building plans by property owners and developers in the State to guarantee safety and adherence to regulatory standards.
The Commissioner for Physical Planning and Urban Development, Rt. Hon. Evans Bipi, in his inaugural meeting with the Permanent Secretary, Directors and staff of the Ministry, said he would ensure full implementation of the Physical Planning Development Law of the State.
He warned that the Rivers State Government will no longer condone a situation where developers make deliberate adjustment or completely deviate from approved building plan in the execution of their projects without recourse to the Ministry.
Hon. Bipi solicited the cooperation of the civil servants of the Ministry while promising to run an open door policy and be easily accessible.
He also promised to right the wrongs, make a positive impact and leave an enduring legacy in the Ministry.
He promised to enhance the physical landscape and aesthetic of Old and New GRA as well as other parts of Port Harcourt.
In his remarks, the Permanent Secretary of the Ministry of Physical Planning and Urban Development, Surv. Wisdom Hebron, assured the Commissioner of maximum cooperation to foster a harmonious working environment.
Rivers State Governor, Sir Siminalayi Fubara, has approved the payment of N85,000.00 as the new minimum wage for civil servants in the employ of the Rivers State Government.
This is the agreement reached during a closed door meeting presided over by the Governor and attended by representatives of organised labour under the auspices of the Joint Public Service Negotiating Council in the State at Government House in Port Harcourt on Friday.
Briefing newsmen after the meeting, the Head of Rivers State Civil Service, Dr George Nwaeke, who spoke on behalf of the Government, affirmed that Governor Fubara has graciously approved a new minimum wage of N85,000.00, adding that the government will begin in November, 2024.
Dr George said, “He (Gov Fubara) has pronounced a figure that is higher than the National Minimum Wage. He pronounced a sum of N85,000.00, which is higher than the minimum wage that was prescribed nationally.
“So, as the Head of Service and a major stakeholder in the labour family, I am very happy to say that the Rivers State Civil Servants have never had it this good since the inception of this State.
“The labour union leaders and all the other major stakeholders were happy with this development,” he added.
Responding to possible payment of arrears, Dr Nwaeke, said it is yet to be determined because a technical committee has been set up to critically work out a tenable payment chart, which will cater to issues of arrears.
He clarified, “Issues of arrears will be worked out by the committee that I am going to be Deputy to the SSG. We are already going to work on it in a technical committee that will now get the nitty gritty of the payment and inform the press later.”
On his part, the Rivers State Chairman of the Joint Public Service Negotiating Council, Comrade Emecheta Chuku, explained that this is their first meeting with Governor Fubara to discuss the issue of the new minimum wage as approved by the Federal Government of Nigeria.
Comrade Chuku pointed to the fact that the gracious approval of N85,000.00 new minimum wage is very appeasing to the labour leaders, adding that it demonstrates love for the workers.
He explained, “For the Governor to come, against all the crisis, against all the things that he is facing and more, to say he will pay N85,000.00 minimum wage, I think our hearts are full of joy.
“Of course, we have no doubt, knowing the kind of person we have as our Governor. He is a decent man; very responsible enough; and grew through the rank and file of the system. He understands what it takes to earn a living salary; he understands the difference between gifting money and paying somebody salary that can sustain him or her from the first day to the last day of the month.”
Also speaking, the Chairman, Nigeria Labour Congress (NLC), Rivers State Chapter, Comrade Alex Agwanwor, noted that the amount approved by Governor Fubara puts Rivers State Government ahead of Lagos State as the highest minimum wage paying State to civil servants in Nigeria.
He stressed, “Why do I say that? Lagos State said N85,000.00 and Rivers State is paying N85,000.00. The IGRs of Lagos State and Rivers State are not the same. So, for the Governor to agree to pay the same rate with Lagos, that means we are at the top of it.
“We are the best, and we want to continue to commend the Governor. We assure him that, as far as this State is concerned, labour is going to stand with him. We will be with him even until the next eight years.
“I want to commend His Excellency, Executive Governor of Rivers State, our own Number One Worker in Rivers State, he has, once again, proven that the workers in Rivers State gave him an award on May Day as the Champion of Labour, as the Most Labour-Friendly Governor in Nigeria. He, again, has shown that to us today, and I want to commend him.”
He added that they were returning to the State Secretariat Complex to inform workers of the Governor’s magnanimity and benevolence towards civil servants in the State.
Rivers State Governor, Sir Siminalayi Fubara, has felicitated Muslim faithful as they celebrate the birth of Prophet Muhammad, urging them to show love, tolerance, perseverance, patriotism and commitment to the growth and development of the State.
Governor Fubara, in a message in Port Harcourt, the State capital, urged the Muslim Ummah to use the lessons of the 12th day of the third month of Rabi’ al-Awwal to reflect on the core teachings of the Holy Prophet, and interceed for one another as exemplified by the sacrifices He made for humanity.
The Governor charged the faithful in the State and across the country to commit to ensuring that they continue to benefit from the genuine policies and programmes of government put in place to make live easy for all living and doing business in the State, without discrimination.
He said, “I, on behalf of the government and good people of Rivers State, heartily felicitate all Muslim faithful on the occasion of the Eid-el-Maulud celebration, to honour the birth of the Holy Prophet Muhammad, and urge for prayers for the revival and unity of Nigeria.
“The occasion, yet again, provides an opportunity to reflect deeply on the need for greater application of the Prophet’s teachings bordering on piety, charity, patience, resilience, justice and peaceful coexistence,” he added.
Governor Fubara assured the Muslim community in Rivers State, and indeed, all residents of the resolve of his administration to sustain the tempo of providing critical projects and social services to improve the quality of life of the people.