By Ikechukwu Nnochiri
ABUJA -‎ Justice Gabriel Kolawole of the Abuja Division of the Federal High Court has fixed April 13 to hear a suit seeking to annul a portion of the Administration of Criminal Justice Act, ACJA, 2015, which requires a defendant to deposit money for bail.

The suit was lodged before the court by an Abuja based lawyer and former Commissioner for Information in Abia State, Dr. A.C.B. Agbazuere.

Cited as defendants in the matter were the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, and the National Assembly.

Specifically, the plaintiff ‎is contending that section 165(2) of the ACJA, 2015, is in contravention of section 36(5) of the 1999 Constitution, as amended.

‎He is praying the court to determine whether the provisions of section 165(2) of the ACJA 2015, which states that a court may require the deposit of sum of money or other security as the court may specify from the defendant or his surety before bail is approved, is not inconsistent with the provisions of section 36 (5) of the constitution of the Federal Republic of Nigeria ( 1999 as amended), to the effect that every person who is charged with a criminal offence shall be presumed innocent until proved guilty.

In a 17 paragraph affidavit he deposed to in support of the suit, Dr. Agbazuere argued that the provisions of the new law runs contrary to the 1999 constitution and that if allowed to exist, it would mean that a Nigerian citizen who has no money or other security will be deprived of his right to bail and will not have his bail approved and will therefore be sent to prison pending payment, even when such person is yet to be tried for the offence.

According to the plaintiff, “The law is settled that the provisions of the Constitution of the Federal Republic of Nigeria is supreme and if any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail and that other law shall to the extent of its inconsistency be void by virtue of section 1(1) and (3) of the constitution

“That applicability of section 165(2) of the Administration of Criminal Act, 2015 will deprive Nigerian citizens of their liberty, freedom and fair hearing.

“With section 165(2) of the Administration of Criminal Justice Act 2015, the accused is to pay money before his bail can be approved when the prosecution has neither proved the essential ingredients of the case not has the accused been found guilty.

“By providing for the mandatory payment of money before bail is approved, section 165(2) of the Act has now presumed every person guilty when he has not been tried and found guilty. It is an aberration and ambush against the people and should not be allowed to stand.

“At a time when the level of poverty in Nigeria is so alarming that the President has declared that Nigeria is broke and states cannot pay salaries to workers except with the aid of bailout funds ( which are also loans), any legislation imposing payment of money on Nigerian citizens before their bail is approved is not only inconsistent with the intendment of section 36 (5) of the constitution but also a bad law as it is anti people”.

He cited copiously earlier judgments by both the court of Appeal and the Supreme Court to support the suit marked FHC/ABJ/CS/889/2015.