Femi Falana SAN has criticized the bail conditions imposed on Omoyele Sowore, calling them illegal. The activist rejected the terms, citing a Court of Appeal ruling that prohibits involving civil servants as sureties in criminal cases.
Renowned Nigerian human rights lawyer, Femi Falana SAN, has criticized the bail conditions set by the Nigeria Police for activist and politician Omoyele Sowore, describing them as illegal and contrary to a Court of Appeal judgment.
Sowore, a prominent activist and former presidential candidate, was invited by the Nigeria Police on Monday for questioning. Following his detention, the police imposed a bail condition requiring him to present a Level 16 civil servant as surety and surrender his international passport.
Rejecting the conditions outright, Sowore opted to remain in custody rather than comply with what he termed an unfair and restrictive measure.
In an update shared on his official Facebook page, Sowore revealed that the Deputy Inspector General (DIG) of the Force Intelligence Department (FID), Dasuki Galandachi, had reviewed his bail conditions. The requirement was reduced to presenting only a Level 16 civil servant as surety.
However, Femi Falana, representing Sowore, pointed out that even this revised condition violates legal standards. In a letter addressed to the Nigeria Police, Falana cited the 2020 Court of Appeal judgment in Dasuki v. Director-General, S.S.S.
Falana referenced the decision by Justice Adah JCA (now Justice of the Supreme Court), which declared it unlawful to involve civil servants in bail conditions for criminal cases. The judgment criticized the practice as inconsistent with Nigeria’s Public Service Rules and counterproductive to the fight against corruption.
The ruling stated:
“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. Expecting a Level 16 Servant to own property worth N100,000,000 runs counter to Public Service Rules.”
Falana reminded the police that imposing such a condition on Sowore directly contravenes the law and must be revoked.
Sowore has maintained his stance, refusing to comply with the bail condition. His decision has drawn widespread attention, with many Nigerians condemning the use of stringent and questionable measures against activists and critics of the government.
The unfolding legal battle between the Nigeria Police and Sowore underscores ongoing tensions surrounding human rights and judicial compliance in Nigeria.
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