LSP128: Civil servants as Sureties in Criminal Charges

Hello, we’re back from the break. How are you doing? Let’s dive right in. This week’s article centers on whether or not a public or civil servant in Nigeria can be a surety. This question came up in the case of DASUKI v D.G, SSS & ORS (2019) LPELR-49182 CA.

Bail serves as a formal arrangement where an individual accused of a crime is released from custody, typically by providing financial security or securing a surety. In Nigeria, bail conditions often add a touch of irony, with stringent requirements becoming the norm. Obtaining bail can be challenging due to these tough rules. Imagine a regular farmer being told to find a government worker with a lot of money to stand as a surety. Where e wan see ham?

Consequently, these stringent conditions contribute to the overcrowding of correctional services, as many individuals awaiting trial find it challenging to meet these demands.
In that case, on March 15, 2018, the appellant filed a case at the Federal High Court, seeking to protect his right to freedom. The court ruled in his favor, granting him conditional release on bail but rejecting his claim for damages. Unsatisfied with this decision, the appellant appealed to the Court of Appeal, arguing that the bail conditions were too harsh and the denial of damages was unjust.

The initial bail conditions were that the appellant be granted bail in the sum of One Hundred Million Naira (₦100,000,000) and two sureties in the like sum, who shall be serving Public Servants not below the status of Level 16 officers in either the State or public service of the Federal or any of its agencies. They shall produce valid documentation of their status to the Registrar of the Court below. Each surety shall furnish evidence of ownership of property in the Federal Capital Territory (FCT) worth ₦100,000,000.00.

The court emphasized that bail, under our law, is not meant to be a mirage. Section 165(1) of the Administration of Criminal Justice Act states that the conditions for bail shall be at the discretion of the Court, with due regard to the circumstances of the case and shall not be excessive. The court can review conditions where there is a failure to find sufficient sureties or meet the bail conditions.

On the issue of involving civil servants or public officers in bail for people accused of criminal offenses, Adah JCA opined, “Let me express our concern that, as a Court, we must be ready and sensitive enough to avoid anything that would run afoul of the law. Involving civil servants or public officers in the Public Service of the Federation and the state in the bail of people accused of criminal offenses has never been the practice in Nigeria or any part of the civilized world. It was an oversight on our part to allow it. Our Civil and Public Service Rules do not provide any room for it. Expecting a Level 16 Servant to own property worth N100,000,000 would run counter to the Public Service Rules and, by extension, the fight against corruption. In this respect, I will act ex debito justitiae to ensure that the aspect of involving a serving Public Servant not below the status of Level 16 Officer in either the state or Public Service of the Federation or any of its agencies is removed, and I so order.”

As a result, the conditions of bail were modified by the court and these modifications set in new requirements which are: The applicant is granted bail in the sum of One Hundred Million Naira (₦100,000,000) with two sureties in the same amount and The sureties must reside within the jurisdiction of the trial court, with each being obligated to present evidence of property ownership in Abuja, FCT, to the lower court.
In conclusion, this judgment aligns with the economic and social conditions of the country. Unless overturned by the Supreme Court, the current legal stance in Nigeria is that a civil or public servant cannot serve as a surety for someone facing criminal charges.

In conclusion, this judgment aligns with the economic and social conditions of the country. Unless overturned by the Supreme Court, the current legal stance in Nigeria is that a civil or public servant cannot serve as a surety for someone facing criminal charges.

Thank you for reading. See you next week