By Olajide Abiodun
The recent report on the continued detention of Mr. Agu and the court’s directive requiring his legal team to file a written address on the competence of a bail application in the absence of a formal charge is both troubling and symptomatic of a deeper malaise in our justice system.
It begs the question: What manner of judiciary are we running when the defence must struggle to justify a constitutional right as fundamental as bail?
Bail, by every constitutional and legal standard, is not a privilege. It is a right that flows directly from the presumption of innocence guaranteed under Section 36(5) of the 1999 Constitution (as amended). The philosophy is simple, until proven guilty, every citizen is deemed innocent, and that presumption cannot coexist with prolonged detention without charge.
The Supreme Court and our criminal jurisprudence have repeatedly affirmed that it is not the duty of the accused to “apply” for bail as if seeking favour. Rather, it is for the prosecution to show cause why the defendant should not be released pending trial. Anything contrary to that principle not only offends the Constitution but also erodes public confidence in the administration of justice.
To detain a citizen for 18 days without a charge, while requiring the defence to make written submissions for bail, is a mockery of due process. It reduces the courts to instruments of technical delay rather than sanctuaries of liberty.
The judiciary must resist every temptation to become comfortable with practices that violate fundamental rights. The duty of the Judex is not only to interpret the law but also to protect the weak from the abuse of state power.
The time has come for a systemic reawakening, where bail is seen not as a concession of mercy but as a constitutional command, and where judicial officers uphold the law with courage and fidelity to the Constitution.
Justice delayed is justice denied; but when liberty is delayed without lawful justification, it becomes injustice institutionalised.
Olajide Abiodun, Notary Public
Vice Chairman, NBA Ikorodu Branch & Head, Human Rights Committee. Chairman BOVC.
