Stringent bail conditions keep accused persons perpetually in jail.
A rather bizarre scenario is playing out in the Ogun State Judiciary that calls for serious concern and intervention.
An
investigation conducted by SKYTYMS has it that at about 2:00pm on the 18th day
of June, 2015, men of the Ogun State Parking
Control Unit (P.C.U) accosted the duo of SEUNFUNMI AFUAPE and MUYIWA SAMUEL
somewhere around Post Office Junction in the Abeaokuta metropolis for an allege
offence of parking wrongly.
While the
accosted men were trying to explain, the Parking Control officials entered their
vehicle and ordered that the duo must follow them to the Parking Control Head
office in Abeokuta.
Without
further explanation and with no objection or delay, the accosted men agreed to
be taken to the P.C.U office.
On their
way going, Seunfunmi Afuape who drove the car begged the officials to allow
them take the route he considered shorter and to also use the opportunity to
inform their fellow workers of their present predicament and their whereabout should their Manager
enquire about them.
The
officials of the Parking Control Unit refused to obliged the request.
Afuape
however, diverted the vehicle to the route he initially suggested they should follow.
This infuriated the men of the P.C.U and one of them thereafter attempted to
stop the car by dragging the steering wheel with the driver. This resulted in a
brawl in the process and the vehicle was brought to a halt. The Parking
Controllers quickly invited the Police and Seunfunmi, Muyiwa Samuel and one
other Obadimu Olufunso were subsequently arrested and taken into police custody
at the Ibara Police Station in Abeokuta, Ogun state.
They
contacted a Lawyer and they were granted police bail on the 19th day of June,
2015.
On Monday,
the 21st of June, 2015, they were arraigned before Chief Magistrate E.A Adekunte
of Court 2 in the Abeokuta Magisterial District for a Charge of Assault. The
accused persons all pleaded not guilty. Their Lawyer, Barr. E.O Omoijiade, then
applied for their bail and they were granted bail but not without very stringent
bail conditions.
The bail
conditions include a N100,000 for each person. Two sureties for each of the
accused persons and the sureties MUST have a well developed property within the
jurisdiction of the Magistrate court.
The
sureties must also have Ogun state tax clearance.
Upon realizing that the bail conditions were
excessive and onerous, lawyer to the three accused persons brought a letter for
a passionate appeal to vary the conditions. The letter was however rejected by
the Magistrate E.A Adekunte. The Magistrate insisted that the bail conditions
must be fulfilled.
Frustrated,
the Lawyer advised families of the accused persons to attempt to meet up with
the bail conditions, but curiously the court refused to even look at the bail
bond, rather the families of the accused were advised by the Magistrate to
offer apologies to the officials of Parking Control Unit.
( The apology became another bail condition)
( The apology became another bail condition)
Left with
no choice but the desirableness of having their loved ones urgently released, the families of the accused
persons all dejectedly filed out and
headed for the Head Quarter of the Ogun State Parking Control Unit.
However, on
getting there, they were once again given another condition. This time, the
most senior official among the Parking Controllers demanded that each of the
accused person must pay to them the sum of N45,000 (bringing the sum total to
N135,000) before they can listen to their apologies.
Since the
families could not readily cough out such huge amount of cash, they left for
their various homes frustrated and disenchanted leaving the accused persons behind
bars.
The accused
persons' lawyer and families returned to the Magistrate court the next day
after attempts to meet up and perfect the bail conditions were made. Unknown to them,
the case had been transferred to Magistrate A.O Araba in Court 1 who is also
the Chief Magistrate. Reason for such transfer was neither disclosed to the
accused persons nor their families.
The Lawyer
to the accused persons and their families became somewhat suspicious of a
possible grand plan to leave the accused persons perpetually in jail for
unknown reasons. Their suspicion was confirmed when one of the Parking
Controllers boasted that the Ogun state Chief Judge, Honourable Justice O.O
Olopade has been mandated by the 'Government House' to ensure that the accused
persons were not released for daring to challenge the authority of the State
Governor. And that whoever challenges the Parking Controllers is challenging
Governor Ibikunle Amosun of Ogun State. He further stated that the Secretary to
the Ogun State Government, Mr.Taiwo Adeoluwa who is also a lawyer has directed
the State Chief Judge to ensure that the bail conditions are not perfected and
that the accused persons must remain in Prison to 'teach others a lesson'.
Armed with
this 'revelation' the families of the accused persons ran home in desperation
to raise the demanded N135,000 so that the Parking Controllers can listen to
their apologies and be pacified.
SKYTYMS
gathered that after the sum of N135,000 was paid by the families of the accused
persons to the Parking Controllers, the matter was then transferred back to Magistrate
Adekunte in Court 2 who then perfected the bail with the same bail bond which
was hitherto rejected by the court and the accused persons regained their
freedom.
When SKYTYMS
contacted Barr. Omoijiade, the Lawyer handling the matter, he confirmed the
information above, but refused to comment on the allegation that the Ogun State
Chief Judge was taking instruction from the State Government with regards to
the case.
"I am a lawyer, lawyers don't speculate, we
work with facts and not speculation. Hence, I don't know anything about such
allegation" Barr. E.O Omoijiade firmly stated.
All
attempts to speak with the S.S.G Barr. Taiwo Adeoluwa were futile as he could
not be reached.
Human Right Activists and lovers of justice
and fairness should take this matter up and ensure the just and fair
adjudication of this matter involving Seunfunmi Afuape, Muyiwa Samuel and Obadimu
Olunfunso and to ensure that further breach of fundamental rights are put to an end in Ogun
State.
Injustice
anywhere is injustice everywhere.


