• Home
  • Privacy Policy
  • Ad Rates
  • Submit News
  • Contact Us
GoTV Festive Season
The Eagle Online
  • Home
  • News
  • Sport
  • Politics
  • Column
  • Business
  • Life & Style
    • Crime
    • R&D Health
    • Diet and Fitness
    • Intimacy
  • Entertainment
    • Photos
    • Fashion
    • Movies
    • Music
  • Advert Rates
  • Contact Us
No Result
View All Result
  • Home
  • News
  • Sport
  • Politics
  • Column
  • Business
  • Life & Style
    • Crime
    • R&D Health
    • Diet and Fitness
    • Intimacy
  • Entertainment
    • Photos
    • Fashion
    • Movies
    • Music
  • Advert Rates
  • Contact Us
No Result
View All Result
The Eagle Online
No Result
View All Result

Maurice Iwu: Impossible bail terms amount to refusal of bail, by Aloy Ejimakor

The Eagle Online by The Eagle Online
August 10, 2019
in Column, Featured
2 min read
0
Breaking: Ex-INEC chair Iwu pleads not guilty to N1.2b fraud allegation
Share on FacebookShare on TwitterWhatsApp

RelatedPosts

Umeh’s account of Peter Obi’s reelection: Setting the records straight, by Maurice Iwu

COVID-19: Imo task force partners assembly to contain spread

COVID-19: It is criminal not to wear face mask — Iwu

On August 9, 2019, a High Court in Lagos granted former Chairman of the Independent National Electoral Commission, Prof. Maurice Iwu, bail in the amount of N1 billion and two sureties in like sum. Additional terms included are that the sureties, one whom must be a civil servant or a professor, must demonstrate a credit bank balance of at least N1 billion.
With all due respects and without any intentions of preemption, it is my considered view that crucial aspects of these bail terms are unreasonable, excessive, impossible and potentially unconstitutional. When terms of bail are unrealizable or impossible to meet, they amount to a flat refusal of bail – as a matter of law and fact. And as in erroneous refusals of bail, such terms cannot pass appellate or constitutional muster.
The right to bail is constitutionally guaranteed under Sections 35(1) and 36(5) of the Nigerian Constitution. The basic parameter as set out in subsidiary legislations and quantum Court decisions is that bail “shall be fixed with due regard to the circumstances of the case and shall not be “EXCESSIVE”. The operative word here is “excessive”, which is clearly present in Iwu’s case.
In particular, it is implausible that a civil servant or a professor will have a bank balance of N1 billion. Unless he inherited it or won the lottery (which is rare), how could such a person have earned such money? From his wages or from what really? It’s even conceivable that any such civil servant or professor who steps forward to post such a bank balance may himself be risking an investigation for avarice.
So, unless Iwu’s lawyers are hopeful of the impossible unexpectedly becoming possible, I expect them to go back to the same Court with an application for variation of the terms, with a view to making them realistic and therefore possible to meet. On a well-argued application, I wager the Court will see compelling reasons to downgrade the terms.
Anything less will amount to an impermissible  interference with Iwu’s constitutional right to presumption of innocence.

Tags: Aloy EjimakorMaurice Iwu
Share28Tweet18SendShare7

Related Posts

Kola can cure Ebola – Prof. Maurice Iwu

Umeh’s account of Peter Obi’s reelection: Setting the records straight, by Maurice Iwu

July 31, 2020
COVID-19: People being smuggled to circumvent lockdown order — LG Boss

COVID-19: Imo task force partners assembly to contain spread

July 15, 2020
COVID-19: People being smuggled to circumvent lockdown order — LG Boss

COVID-19: It is criminal not to wear face mask — Iwu

July 14, 2020
COVID-19: People being smuggled to circumvent lockdown order — LG Boss

COVID-19 :Prof Iwu worries over rising cases in Imo

June 25, 2020
COVID-19: People being smuggled to circumvent lockdown order — LG Boss

COVID-19: Imo Assembly shut as lawmaker tests positive, newly-delivered mum of twins dies

June 16, 2020
Imo Task Force hails churches’ compliance with COVID-19 guidelines

Imo Task Force hails churches’ compliance with COVID-19 guidelines

June 7, 2020

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

COVID-19 Update

Why students can’t remain at home indefinitely — College of Education Lecturers

Nigeria records increase in number of new infections, eight more deaths

COVID: UK to close all travel corridors from Monday

US-based Nigerian billionaire to invest N3b in Fidelity Bank

COVID-19: ASUU urges FG to mobilise varsities, research institutes to find solutions

Most Read

  • Ogun Command announces commencement of recruitment into police

    Police lose another AIG in four days + How he died

    351 shares
    Share 140 Tweet 88
  • Wanted notorious, killer and cultist arrested in Lagos

    223 shares
    Share 89 Tweet 56
  • Nollywood actress dies from COVID-19

    155 shares
    Share 62 Tweet 39
  • Tyson Fury to pocket over £200m for Joshua fight

    174 shares
    Share 70 Tweet 44
  • Lagos reacts to viral video accusing isolation centre officials of corruption + Video

    141 shares
    Share 56 Tweet 35
  • FG suspends visiting days, assembly, lists other measures as schools prepare to resume

    127 shares
    Share 51 Tweet 32

Ease Slash


Subscribe to Our Newsletter

Check your inbox or spam folder to confirm your subscription.







https://theeagleonline.com.ng/wp-content/uploads/2020/05/VID-20200510-WA0000.mp4

Chat with us now

Most Commented

  • Yahaya Sharif: Primate Ayodele directs message to Sultan, urges Buhari to speak up

    2022: Only Segun Oni can give PDP victory in Ekiti against APC – Primate Ayodele

    75 shares
    Share 30 Tweet 19
  • Ighalo hints at potential MLS move

    72 shares
    Share 29 Tweet 18
  • Lazio whip Roma to dominate Derby of Capital

    68 shares
    Share 27 Tweet 17
  • COVID-19: FG urges Nigerians to disregard misinformation on fresh lockdown

    75 shares
    Share 30 Tweet 19
  • Voter apathy mars Kano LG poll

    68 shares
    Share 27 Tweet 17

Latest

Edo poll: Ultimate power lies in electorate – Okei-Odumakin

Okei-Odumakin tasks Sanwo-Olu on road maintenance

January 16, 2021
Gas leakage on Lagos-Ibadan Expressway stopped, road reopened

Lagos-Ibadan Expressway gridlock: FG to organise another tripartite stakeholders’ meeting

January 16, 2021
Why students can’t remain at home indefinitely — College of Education Lecturers

Why students can’t remain at home indefinitely — College of Education Lecturers

January 16, 2021
FG to establish six new modern custodial facilities – Minister

FG to establish six new modern custodial facilities – Minister

January 16, 2021
Kalu calls for tenure extension of APC Caretaker Committee

Kalu applauds APC leadership on membership drive

January 16, 2021




  • Home
  • News
  • Sport
  • Politics
  • Column
  • Business
  • Life & Style
  • Entertainment
  • Advert Rates
  • Contact Us

© 2020 Premium Eagle Media Limited.

No Result
View All Result
  • Home
  • News
  • Sport
  • Politics
  • Column
  • Business
  • Life & Style
    • Crime
    • R&D Health
    • Diet and Fitness
    • Intimacy
  • Entertainment
    • Photos
    • Fashion
    • Movies
    • Music
  • Advert Rates
  • Contact Us

© 2020 Premium Eagle Media Limited.

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.