Activist and politician Omoyele Sowore’s refusal to comply with a police bail condition requiring him to deposit his international passport has been described as constitutionally valid.
Tope Temokun, a legal practitioner stated this in a statement made available to Starnews NG on Tuesday.
According to him, legal provisions under Section 36(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) affirm that anyone accused of a criminal offence is presumed innocent until proven guilty.
He said Section 41 of the Constitution guarantees every citizen the right to freedom of movement, which includes the liberty to leave and enter the country without restriction.
The Administration of Criminal Justice Act (ACJA) 2015, specifically Sections 30 and 31, further obligates the police to grant bail to individuals under arrest or investigation before completing inquiries or filing charges.
“In all these, in court bail is a discretion, which the trial judge must exercise judicially and judiciously, based on the nature of the case and other material evidence before the court and this is why the Court can give conditions such as deposit or submission of international passport.
“During investigation, bail by police is not discretionary, rather it is an entitlement. It is unconstitutional therefore to give a bail condition, such as submission of international passport. International Passport is one of the means of exercising constitutional right to freedom of movement.
“For someone under mere inquiry or investigation therefore to be given such bail condition, before filing a charge, is tantamount to taking away the constitutionally guaranteed right of the person under investigation,” he stated.
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