By Dayo Johnson

A recent circular is sued by the Ondo state government, over precondition for approval/perfection of bail application for those standing sureties for any accused person, has set lawyers on a war path with the government.

Consequently, the Akure branch of the Nigerian Bar Association, NBA, has asked the authority to withdraw the said circular which makes it mandatory for anybody standing surety for an accused person to show three years tax clearance. But Lawyers in the state described the circular as not only illegal but offensive.

Chairman of NBA Akure branch, Prince Lawrence Dare and other executive members have led lawyers in the state to protest the bail conditions announced by the state judiciary.
To drive home their demand, the lawyers have boycotted the courtrooms in the last three weeks to protest the development, an action which has crippled all court activities.
They also matched into the courtrooms to ensure compliance with the directive of the NBA.

The branch executive moved from one courtroom to another to ensure that none of the courts in the town attended to litigants.

Different placards with inscriptions: “the Chief Registrar cannot dictate to our courts” “Judiciary is not a legislative body” “Discretion is still part of our law, free our courts now” “CJ protect the judiciary not the executive” and “Obnoxious tax clearance, Mimiko’s voice, CJ’ hand” were displayed by the protesting lawyers.

Others placards read: “Judiciary not a tax collector” “Judiciary last hope of common man, don’t dash it” “Mimiko, don’t kill the justice system in Ondo state with your regime of tax”
Speaking with Vanguard on the contentious matter, the Chairman Prince Dare said the Chief Judge of the state, Justice Olaseinde Kumuyi, has been asked to reverse the practice direction or face permanent closure of all the courts in the state.

According to him, the directive that those standing sureties for an accused person should show three years tax clearance would deny many people access to justice, adding that the Chief Judge has no power to issue such directive.

Dare pointed out that the said directive would turn the Ondo to a police state, saying “it is unconstitutional, null and void for a Chief Judge to impose conditions of bail to his learned brother judges.”

The Chairman noted that the protestring lawyers would not call off the court boycott until the circular is withdrawn by the government.
This contentious issue reverberated at the Akure branch of the NBA law week held in Akure .

The law week has the theme” The socio economic realities of Nigeria as a nation now and beyond 2015.”
Dare alleged that some lawyers were locked up inside the court room for hours in the course of the court boycott.

“We have taken the matter to the appropraite authority and we shall not call off the court boycott until the illegal and offensive circular and its implementation is reversed. As part of our public interest role, we are trained to speak straight to power whenever the need arises. Our reputation and calling demand that we must not be seen to abhor the culture of impunity in this country,” he added.

Dare pointed out that in an attempt to resolve the matter amicably, the bar wrote a letter to the Chief Judge, Justice Sehinde Kumuyi, while the executive members and elders of the bar met with him, but the chief judge “threatened to turn the circular into practice direction. The Chief Judge stated that it is his responsibility to generate revenue for the state government.”

Dare noted that consequent upon the circular, many citizens arraigned for the least offences are languishing in prison custody because their prospective sureties are unable to pay a sum of N75,000 per surety being the minimum tax demanded by government.
He added that this is not withstanding “the employment or financial state of such prospective surety/sureties.

To worsen the matter, it is imperative to state that even where and when a Judge/Magistrate has not made production of evidence of tax payment a condition for bail, the circular empowers the court registrar to demand for it before perfection of bail application.”

Reacting to the lawyers protest, Justice Kumuyi said the directive is meant to ensure that those standing sureties are responsible people in the society, noting that he has the power to issue directive and what he did was to ensure that those standing sureties for accused persons are ready to produce them when the trial commences.

The Chief Judge (Justice Kumuyi) stated that he was ready for constructive criticism and would be opened to suggestions from members of the bar and asked that a committee should be constituted to meet with the judiciary to iron out the grey areas of the directive.

But the lawyers have so far remained adamant despite the explanation of the Chief Judge as they disallowed the courts from sitting. They insisted that, “the only condition to allow the resume of Court sitting is the withdrawal of the offensive circular.”
An end seems not to be in sight on the imbroglio between the lawyers and the state judiciary.