“Securing bail is more difficult when we charge suspects to court. It is better you negotiate at the station and get your person released.'
Various corruption indexes have rated the Nigeria Police Force and the judiciary among the top five most corrupt institutions in Nigeria. The Transparency International in its 10th edition of Global Corruption Barometer Africa 2019, rated the police and judiciary 1st and 3rd most corrupt institutions in Nigeria. Also, in 2019, a public survey by Socio-Economic Rights and Accountability Project , ranked the police first, and the judiciary third.
“Within the court system, especially the magistrate which is closer [to the people], the level of rot is killing. It can even lead to a revolution overnight. The moment you’re charged to the court on any case, the magistrate does not have your time, they do not care if you committed the crime or not,” Mr Awosanya said.“This case is hereby dismissed for lack of diligent prosecution,” is a familiar verdict in many magistrate courts in Nigeria.
Ideally, a case is thrown out after three appearances where the prosecutor presents no new evidence or witness before the court. Although, the discretionary power of the court could sway the judge otherwise. However, the leaders in this ecosystem are the lawyers. They loiter around the court, seeking clients. The slur; “charge and bail lawyer” must have roots anchored in this practice. These lawyers simply represent new suspects brought to court in securing their bail. Thereafter, the suspects can decide they no longer need their service.
However, when Mr Olosande was granted bail, it was Mr Adekunle who informed the family members that the prosecutor had requested N40,000 each for verification of the two sureties requested as part of Mr Olosande’s bail conditions. At the next court hearing, by which time Mr Olosande had been in prison for about 30 days, Mr Adekunle sent a young lawyer who came to court without the case file nor the bail bond. Mr Olosande’s case was again adjourned and he was returned, again, to the prison.Seeing that her husband might again spend months in prison, Bose gave the young lawyer from Mr Adekunle’s chambers some money for transport back to the office to retrieve the case file.
Mr Unah and his orderly, Sunkanmi, run the verification scam in court 10, Magistrate Fashola’s courtroom. When the bail bond was handed over to Sunkanmi, who fronts for his boss in negotiating the deals. He demanded N30,000. This was what the illegal N80,000 allegedly collected by Mr Adekunle was meant for.
“From Oshodi, enter bus to Ijora, alight at 7up and locate the palace and locate the address. I have verified the address and found to be correct,” he falsely declared on the court papers and signed off. Sunkanmi never left the courtroom, neither did he visit the location. Everything he wrote on the court papers were fabrication off his imagination.A lot goes on in many of the courtrooms beyond the routine adjudication on matters.
“You will pay N2,000 for the release order,” she declared. Of course, that was an illegal payment. It was not receipted nor was an invoice raided for it.Perfecting bail and getting released from detention are only half the trouble for many defendants. The other half of the pod is facing trial for the alleged offenses. In several instances, this process can go on, moving from one courtroom to the other, with no definitive end in view.
“We don’t know where the boys are,” Awal said. “The magistrate keeps adjourning the case. She said she cannot strike out the case until they bring in the boys. We don’t know the boys. I have never seen them before until they were arraigned with my apprentices”. The case of Daniel and his fellow apprentice is only just one instance of how people’s life routines are disrupted by unending legal process. For some others, they are locked up in prison while their case files get transferred from one judge to another without their knowledge.
In 2018, the Lagos State Government relocated Court 3, which shared the same compound with the Nigerian Bar Association, to Ogba Magistrate Court. With this transfer, Yaya’s case file got lost in transit.Investigation showed that Yaya’s case file was transferred to Court 14 at Ogba Magistrate Court. Dauda, Yaya’s co-defendant, had jumped bail and arrest warrant had been issued against him.
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