The Vanguard for Independence of the Judiciary (VIJ) has deemed the verification of sureties by prosecuting security agencies in Nigeria as unlawful

The Convener of the VIJ, Mr. Douglas Ogbankwa, made the assertion on Wednesday during an interview with the News Agency of Nigeria (NAN).

According to him, it is unconstitutional for security agencies, like the police, the Economic and Financial Crimes Commission among others, to delve into matters of bail.

Ogbankwa said that the security agencies possessed prosecutorial powers, and were often parties to criminal cases before the court.

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He noted that allowing verification of sureties by these agencies ran contrary to constitutional provisions.

“The action of some courts, directing the prosecution in criminal cases (who are parties before them) to verify the defendants’ sureties, constitutes a breach of the Constitution.

“A judge or magistrate, just like the Almighty God, is expected to be fair in its actions in court, impartial in its verdict, and majestic in its findings.

“It offends the principle of ‘pacta sunt servanda’ (no one shall be a judge in his own cause), for prosecutors to be asked to verify the sureties of the alleged defendants,” he said.

Ogbakwa said that directing the prosecution to verify sureties meant a court had surrendered its sovereignty.

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“Where this happens, it is deemed that the prosecution is now a part of the court, which scenario offends the provisions of Section 36 of the 1999 Constitution.

“The law provides that the court should be constituted in a way and manner that guarantees its independence and impartiality.

“Fair hearing is not just fairness in the hearing of the matter, but fairness in the procedure and processes that were followed before a verdict is reached,” he said.

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According to him, justice is a four-way traffic: justice for the state, justice for the defendant, justice for the complainant, and justice for the system.

He argued that unfair advantages in a lawsuit contradicted the principles of justice, embodied by the blindfolded statue of Justice with a balanced scale.

Ogbakwa, therefore, urged that the practice of allowing prosecuting agencies to verify sureties be expunged.