Court Has No Power To Remand A Surety In Prison For Failure To Produce The Accused In Court
NDUME v. FRN (2022) LPELR-58272(CA)
Issue
CRIMINAL LAW AND PROCEDURE – BAIL –
Whether a trial Court is empowered to remand a surety for failure to produce an accused person standing trial in a criminal offence
Principles
“In the instant appeal evaluating the facts at the trial Court, there was a contractual relationship between the trial Court and the Appellant wherein the Appellant was the surety to the Defendant (now a convict) to ensure his appearance in Court to face his trial at all times. And the Appellant as surety denotes that he was primarily liable for paying for another’s debt or obligation whether primarily secondarily, conditionally or unconditionally. See the Blacks Law Dictionary, 9th Edition, 2009 on the meaning of “surety.”? If I may ask, what is the criminal offence of the Appellant that warrants the trial judge to make an Order remanding the Appellant in Correctional Centre? I have perused the provisions of both the Administration of Criminal Justice Act 2015, the Criminal Procedure Act and Criminal Procedure Code dealing with sureties, I am unable to lay my hands on any provision that empowers the Court to remand a surety for failure to produce a defendant, suspect or accused person standing trial in a criminal offence. The relationship between the surety and the Court is contractual and where the surety fails to produce the Defendant/suspect in Court for his trial, the Court will now evoke those bail conditions in accordance with the law before a bond is forfeited. In other words, the Appellant, Senator Mohammed Ali Ndume was remanded in the correctional centre without a known offence in law. A close look at the provisions of Sections 165 and 179 of the ACJA, 2015, does not empower the trial Court to remand the Appellant. A judicial officer must be circumspect in the application of his judicial powers and such exercise must be done judicially and judiciously in accordance with the law. Thus, therefore the order remanding the Appellant in the correctional centre by the trial Court, the trial Court has crossed the red lines of his Oath of office and therefore null, void and unconstitutional.” Per DANLAMI ZAMA SENCHI, JCA (Pp 32 – 34 Paras D – A).
