Femi Falana disagrees with arrest of lawyer for failing to produce Sowore

A renowned legal practitioner and human rights lawyer, Femi Falana SAN, has expressed disagreement with the Nigeria Police Force over the arrest of a lawyer, Abubakar Marshall, in Abuja on failure to produce his client, Omoyele Sowore.

Falana in a statement in Lagos, protested that the arrest is illegal faulting the police for claiming that Sowore jumped bail.

Falana declared in the statement: “In a bid to justify the illegal arrest of Abubakar Marshall Esq. the Police claimed that the lawyer contravened an unspecified provision of the Criminal Code because he failed to produce a client, Mr. Omoyele Sowore, at a police station in the Federal Capital Territory.

“It is public knowledge that the movement of Sowore has been restricted to the Federal Capital Territory for the past two years on the orders of the Federal Capital Territory.  “Since his abode is well known to the security agencies,  it is grossly misleading to claim that his surety has contravened any provision of the Penal Code.

“However, in spite of the indiscretion of Abubakar Marshall to stand surety for Mr. Sowore, his arrest, detention, and prosecution by the Federal Capital Territory Police Command cannot be justified under the law

“It is trite law that a surety cannot be arrested, detained and charged with any criminal offence before any court in Nigeria on the ground that a suspect has jumped bail or failed to report for investigation or arraignment.

“The penalty is that the surety is legally obligated to pay the sum stated in the recognisance or bail bond. Before the bail bond can be forfeited the surety is entitled to show a cause or justify before a Court why it should not be forfeited.

“However, if the surety fails to pay the sum stipulated in the bond the court shall proceed to recover it from the surety like a fine under the Administration of Criminal Justice Act.

“In view of the several decisions of Nigerian courts on the contractual nature of suretyship, Abubakar Marshall has not committed any offence whatsoever.  The authorities of the Federal Capital Territory Police Command are advised to withdraw the criminal charge erroneously filed before the Upper Area Court in Kubwa. However, since Mr. Sowore is not on the run, he has decided to report himself to the Police for any possible arraignment.”

The lawyer to Omoyele Sowore was arrested last Friday by the FCT Police Command.