Nkem’s explanation followed a letter from the President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe (SAN), seeking to verify claims that suspects were being compelled to provide between 20 and 30 litres of diesel as a bail condition.
In response, the DCR refuted the allegations, explaining the court’s procedure for handling bail orders in his reply to the NBA president.
He explained that the Enugu Electricity Distribution Company (EEDC) had disconnected the court’s power supply for three months, during which time super-armoured cables transmitting power to the court were stolen. As a result, the court has been without electricity for more than nine months.
In a letter titled “Narration of Verification and Perfection of Bails in Federal High Court, Awka Division,” published on social media and accompanied by 10 processed court orders for bail, Nkem outlined the court’s procedures for verifying bail conditions.
He detailed that the court issues an order directing the Deputy Chief Registrar to verify the bail conditions granted, reporting compliance or otherwise to the presiding judge.
Part of the letter reads: “The verifications are carried out as stipulated. In the case of an affidavit of means, the sureties must provide a bank statement to demonstrate their financial capacity to stand as surety.
“Additionally, due to the irregular electricity supply from the EEDC and the theft of power cables, the court has been without electricity for over nine months.
“The quarterly subvention of N500,000 from court revenue can barely cover the purchase of one and a half drums of diesel, which cannot sustain the division for more than two weeks.
“Consequently, counsel in open court, before His Lordship, Justice H. Nganjiwa, unanimously suggested that diesel of about 20-30 litres per file be supplied to facilitate the typing of bail verification processes.
“However, those unable to provide diesel, whether due to pro bono work or other reasons, are still accommodated using any leftover diesel after other matters have been processed.
“To ensure transparency, counsels and their clients are required to bring the diesel in jerrycans, which are then deposited at the court’s generator. The diesel is not monetised.
“I maintain an open-door policy, and whenever counsel or litigants wish to meet with me, I invite my secretary into the meeting to enhance trust, promote transparency, and protect all parties. At no time was this practice intended to disrespect anyone.”
The letter was also copied to the Attorney General of Anambra State, the NBA chairman, and the NBA Secretary of the Anambra State Branch.
