“Unconstitutional Bail: Falana Challenges Police Over Sowore’s Arrest Terms”
Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has called on the Inspector-General of Police (IGP), Dr. Kayode Egbetokun, to immediately revoke the bail conditions imposed on activist and journalist Omoyele Sowore, branding them as “illegal and unconstitutional.”
Sowore, arrested on charges of cyberstalking by the Nigeria Police Force just yesterday, was granted bail under a controversial condition requiring him to present a surety who holds a Grade Level 17 position in the Federal Public Service. Falana, in a pointed statement, condemned the bail requirement, citing a 2020 Court of Appeal ruling that explicitly prohibits such practices.
The landmark ruling in Dasuki V. Director-General, S.S.S. [2020] 10 NWLR PT. 1731 PG. 136-143, which was delivered by Justice Adah (currently a Supreme Court Justice), made it clear that involving public officers or civil servants in the bail process of criminal suspects is unlawful. Justice Adah stressed that such practices violate Nigeria’s Civil and Public Service Rules and hinder the fight against corruption.
Falana echoed this legal precedent, stating, “The Court of Appeal’s ruling unequivocally forbids public servants from being involved in bail conditions, declaring it not only illegal but also a contravention of the Public Service Rules. Demanding a Level 17 officer as a surety is an abuse of power and a direct violation of citizens’ fundamental rights.”
He further urged the IGP to release Sowore immediately, warning that continuing to enforce such unlawful bail conditions would erode the rule of law and tarnish the integrity of Nigeria’s justice system.
Sowore, a vocal government critic and the founder of the online news platform Sahara Reporters, has faced multiple arrests in recent years, often under contentious circumstances. His latest detention has sparked widespread outrage among civil society groups and human rights organizations, all of whom have joined Falana in calling for his unconditional release.
