Opinion
By Bayo Akinlade
THE provisions of arrest and detention are clear in the Administration of Criminal Justice Act/Law but we see choose to ignore these provisions and continue to allow the gestapo method of the police because some lawyers and high society people use it as a tool to oppress others.
We have laws that ensure that at the preliminary stage of arrest, suspects are entitled to be treated as innocent until proven guilty. This assumption continues even during and after arraignment hence the provision for Bail.
However, our colleagues who are lawyers in the lower courts (especially) miss the point of Bail and have weaponized their discretion without due regard to the damage caused by their decision to indiscriminately throw suspects into the prison system thus creating a imbalanced criminal justice system
The essence of Bail is simply to ensure that the suspect attends to his case and their are certain conditions that are laid down for the granting of Bail.
In the case of Dele Farotimi, if the reports are true that he is now in prison and was not granted bail on self recognition then I opine that the Court completely missed the opportunity to justify itself as not being influenced by outside forces.
As I said, if the reports are true that Mr. Farotimi was not allowed to go but was confined or given an unreasonable bail condition then the common man will be made to believe that the Judiciary is not above board neither is it true to it’s foundations which is Justice for All!
The Judiciary has simply made a statement that it will punish a suspect regardless of the principle of *fair hearing* because as it stands, Mr. Farotimi was not only arrested, he was detained and he may now be in a congested prison just based on an allegation that is yet to be adjudicated upon. In essence I am saying that the suspect is now suffering for what he has not been found guilty of.
Is Mr. Farotimi not entitled to be heard before suffering the consequences of incarceration?
Do judges really understand the misuse of Bail provisions?
What are the consequences for the detaining authority if the suspect is later found to be innocent..what compensations are available?
Is the Judiciary corrupt or not and if it is, who is corrupting it?
***Bayo Akinlade is the convener of *Fight Against Corruption in the Judiciary (FIACIJ)*_
4th December, 2024.C.E
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