Sunday, 28 June 2015

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)
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. 

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