JUDICIARY
Lawyer counsels Nigerians on legal implications of standing as surety
Barr. Soni Egbaji, an Abuja-based lawyer, on Wednesday advised the public on legal implications to consider before standing as sureties in criminal cases.
Egbaji told our correspondent in Abuja that most times would-be sureties, do not know that there are usually consequences to face, in the event that the defendant jumps bail.
” A surety is a person or persons who undertake the custody of the accused standing trial for an offence and guarantees his subsequent appearance either at the Police station or in court at a fixed date and place.
” In other words, once bail has been granted to the accused, the surety enters into an undertaking by executing a bail bond to always produce the accused person in court until the trial is completed.
“As earlier stated, the need for a surety often arises where an accused person seeks bail from either a police station or in a court of law”, he emphasized.
He said that the liberty of an accused person was important and was equally guaranteed as his Fundamental Right under Section 35 of the Constitution of the Federal Republic of Nigeria.
”Because every accused person is presumed innocent until proven otherwise by a court of law, the person therefore is entitled to bail, especially when standing trial for bailable offence.
“Since every accused person in Section 36 (1) of the Constitution is also presumed innocent until proven guilty by a court of law, there is always the need to secure the bail of the accused through the instrumentality of a surety.
“The court is however not bound to grant bail at all times to a person accused of a crime even if there are ready sureties to undertake on behalf of such accused persons.
“This reason stems from the fact that the right to bail is qualified and not absolute. There are some crimes not readily bailable especially when the liberty of such an accused will put the lives of others at stake or is against national security”, he stressed
Egbaji warned that it should be noted however that, whenever the accused failed to turn up for his trial, the surety will be held responsible to produce him or risk forfeiting the bail bond which he or she had executed except the court was satisfied with the reason given by the surety.
He equally said that the bail bond could either be a stated sum of money, a piece of land or property which was not to be paid or forfeited unless in the event where the accused jumps bail or where the surety cannot produce the accused before the court he or she had undertaken to do so.
” There are legal implications of standing as a surety to a crime suspect, some of which are that the surety may stand a chance of forfeiting a bail bond or recognizance entered in the cause of undertaking to produce the accused in court.
“This usually happens when the accused jumps bail or is nowhere to be found. The bail bond could be money or property and usually in felonies or high crimes, it involves several millions of naira and expensive landed properties in choice locations of big cities like Abuja.
“It is therefore always advisable to stand as a surety for a person you know very well”, he advised.
The lawyer further stated another consequence a surety may face when a person whom he stood in for, decide to jump bail by failing to appear before the court during his trial.
“The surety may also serve a term of imprisonment of about six months with or without an option of fine if after inquiry by the court, he cannot produce the accused person on an agreed date and place, or forfeit the bail bond”, the lawyer continued.
Egbaji deviated a bit to also advice defendants planning on jumping bail to think twice before embarking on such act and putting their sureties in trouble as “one good turn deserves another”.
“An accused person who has secured bail through a surety and subsequently jumps bail may not have another opportunity to get another bail if a bench warrant is issued and he is re-arrested.
“This is because no person may be willing to stake their neck for such an accused any longer because as It is often said, once beaten, twice shy”, he counseled.
” I will conclude by saying that, everyone has a right to bail if accused of any offence and such person is also entitled to a surety to guarantee his attendance in court to stand trial.
“I will say that but as a surety you must make sure that you know the accused too well before staking your head and resources for them considering the legal implications highlighted earlier”, he cautioned.
From Hassan Taiye
The Nigerian Bar Association (NBA) President, Afam Osigwe, SAN, has been praised for his visionary leadership and transformative impact on the legal profession. Since assuming office, Osigwe has demonstrated a steadfast commitment to justice, human rights, and the rule of law.
According to Barrister Hamza N Dantani, Osigwe’s leadership has been marked by bold initiatives, fearless advocacy, and groundbreaking reforms. He has restored the NBA’s traditional role of holding leaders accountable and promoting the rule of law, challenging unconstitutional actions and human rights abuses.
One of the notable achievements of Osigwe’s presidency according to Hamza, is the repositioning of the Institute of Continuing Legal Education (ICLE). The introduction of a mandatory Continuing Professional Development (CPD) regime has elevated professional competence and aligned the Nigerian Bar with international standards.
“Osigwe has also been instrumental in promoting human rights and public interest litigation. He has spearheaded campaigns against arbitrary arrests, electoral malpractice, and anti-democratic legislation, and established regional litigation committees nationwide”
“The NBA President’s commitment to technology and innovation has also been noteworthy. The launch of the Digital Annual Practice License and the digitization of the Letter of Good Standing have marked a new era in transparency and efficiency within the profession”
He further stated that ” Osigwe’s administration has prioritized the growth and success of young lawyers. The Nigerian Bar Association–Young Lawyers Forum (NBA-YLF) has introduced tailored mentorship, support programs, and funding initiatives to address the challenges faced by young lawyers”
“The 2025 NBA Annual General Conference, organized under Osigwe’s leadership, was hailed as one of the most successful in the history of the Association. The conference equipped lawyers with practical strategies to navigate contemporary legal and societal challenges.”
“Engine’s leadership style has been described as inclusive, humble, and genuinely committed to serving the legal profession. His detribalized approach has earned him respect across regions, political divides, and professional ranks.”
He expressed optimising that ” As Osigwe continues to lead the NBA, his legacy is expected to leave a lasting impact on Nigeria’s legal landscape. His commitment to justice, human rights, and the rule of law has restored the NBA’s image as the nation’s conscience”.
Professor Chidi Odinkalu, a legal scholar and judicial reform advocate, has praised the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, for her decisive action in addressing misconduct within the judiciary.
The National Judicial Council (NJC) recently sanctioned five judicial officers for professional breaches, including age falsification and other misconducts. The decisions were made during the NJC’s 107th meeting held on November 13 and 14, 2024.
Judges Sanctioned for Misconduct
Among those sanctioned were:
- Justice Chukwuemeka Chikeka, Chief Judge of Imo State, who was recommended for compulsory retirement effective October 27, 2021. Justice Chikeka was found to have falsified his date of birth, with inconsistencies noted between 1956 and 1958. He was also directed to refund salaries and allowances received after his official retirement date.
- Hon. Kadi Babagana Mahdi, Grand Kadi of Yobe State, was also recommended for compulsory retirement after discrepancies in his date of birth were discovered. Records showed three different birth dates, while his actual year of birth was determined to be 1952. The NJC found that he should have retired 12 years ago and ordered him to refund salaries and allowances received during this period.
- Justice G.C. Aguma of Rivers State High Court and Justice A.O. Nwabunike of Anambra State High Court were suspended from duties for one year.
Odinkalu’s Commendation
Reacting to the NJC’s decision, Professor Odinkalu commended the Chief Justice of Nigeria for her swift and decisive response.
“Madam CJN, Kudirat Kekere-Ekun, has acted swiftly on this matter of age falsification by the Chief Judge of Imo State. She has done the right thing the right way,” Odinkalu stated.
He expressed hope that this move would signal a new era of improved judicial standards under Kekere-Ekun’s leadership of the NJC.
NJC’s Commitment to Judicial Integrity
The NJC emphasized its zero-tolerance for misconduct, reiterating its commitment to upholding integrity within the judiciary. The council urged judicial officers to adhere strictly to professional and ethical standards.
The actions taken are seen as a bold step toward restoring public confidence in Nigeria’s judicial system.
Rivers State Governor, Siminalayi Fubara, has called on judges and lawyers to avoid delivering conflicting rulings, which he says undermine justice and governance. His warning follows conflicting judgments that nearly disrupted the local government election in the state.
Speaking at the 2024/2025 Legal Year ceremony in Port Harcourt, Fubara criticized legal professionals who compromise their integrity for personal gain. He emphasized the sacred role of the judiciary in upholding justice and urged judges to remain steadfast in truth.
“You are the god that we are seeing. Your position is to stand and defend us,” Fubara stated, adding that those who compromise justice would face severe consequences, both legally and morally.
Fubara praised the Rivers State judiciary, particularly the High Court, for their support in maintaining stability despite external pressures. He acknowledged threats and assaults faced by judicial officers but encouraged them to remain resolute in their pursuit of justice.
In his sermon, Bishop Rt Rev Wisdom Budu Ihunwo echoed the governor’s concerns, highlighting the negative impact of conflicting judgments on Nigeria’s unity and governance. The bishop warned that those responsible for such actions would eventually face divine punishment.
Governor Fubara concluded by emphasizing the need for strong institutions to safeguard democracy and ensure societal prosperity.
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