"...the rising number of sureties/hired sureties that have no influence or hold and do not know the person they stand sureties for have to be dealt a deliberate blow to reduce the number of absconding suspects/accused standing trial in our Courts."


“The Law! Na that my uncle when I tell you say I wan go call come be this. Na me and am go stand surety be this. Na gorvament worker, and I don pass level 15, na big oga oooo! Very very soon, e go pension and begin chop beta govamenti moni”

So said Alhaji Adebayo smiling broadly from side to side. Well! My ultimate task was to ensure my client went home, and I didn’t care much about the surety as long as the suspected fraudster’s family member brought it.

I knew both sureties were professional sureties, who were in the business of standing suretyship for accused or suspected persons under custody to enable them to secure their bail while making money from the trade at the same time.

Before the family went on a voyage of seeking a qualified family member or acquaintance that could take their son on bail, I had taken time to school them on the need to avoid professional sureties and the danger it could occasion them and the sureties.

There is, most professional sureties know very little about the suspect in custody, and are unable to explain in details their relationship with the suspect they seek to be released to them on bail.

Once you are unable to verify your relationship with the suspect or end up presenting cloned or fake documents to those stern-looking E.F.C.C officers at Ribadu, Ikoyi, Lagos, you are in a big soup. A boiling smelling soup!

I even went to the extent of educating them that they and the child could remain in custody if it were discovered they were involved in professional surety racketeering. I gave instances of lawyers who were present in E.F.C.C custody for soiling their names and with the criminal allegation of perversion of justice and criminal conspiracy to pervert justice hanging on their nacks.

Some persons do get away with it no doubt, but that does not make it right.

I stayed back watching T.V in a friend’s office while the duo went into Oga’s office for an interview.

I became worried when they were taking too long and sort permission to find out what was happening. Alas, the sureties were both in handcuffs. They have been caught for acting as professional surety. The C of O the suspect’s alleged uncle brought was a cloned copy, a fake!

The government worker could not explain his relationship with the suspect. They will be detained and possibly charged to court for prevention of justice and criminal conspiracy to commit same.

What ought to end in a single day, took an extra tiring week, despite all pleas, power games and connection pulling, including sending officers to plead with the Oga the gave the detention order before the trio regained their freedom.

I chop triple money sha. So it was a good deal for me at the end of the day.

But what is the position of the law? How dangerous is this path? Can one land in jail for being a professional surety?

Let's look at what the courts have said in his regard?

You can ask your questions, state your observation or objection.

litigator:
“The Law! Na that my uncle when I tell you say I wan go call come be this. Na me and am go stand surety be this. Na gorvament worker, and I don pass level 15, na big oga oooo! Very very soon, e go pension and begin chop beta govamenti moni”

So said Alhaji Adebayo smiling broadly from side to side. Well! My ultimate task was to ensure my client went home, and I didn’t care much about the surety as long as the suspected fraudster’s family member brought it.

I knew both sureties were professional sureties, who were in the business of standing suretyship for accused or suspected persons under custody to enable them to secure their bail while making money from the trade at the same time.

Before the family went on a voyage of seeking a qualified family member or acquaintance that could take their son on bail, I had taken time to school them on the need to avoid professional sureties and the danger it could occasion them and the sureties.

There is, most professional sureties know very little about the suspect in custody, and are unable to explain in details their relationship with the suspect they seek to be released to them on bail.

Once you are unable to verify your relationship with the suspect or end up presenting cloned or fake documents to those stern-looking E.F.C.C officers at Ribadu, Ikoyi, Lagos, you are in a big soup. A boiling smelling soup!

I even went to the extent of educating them that they and the child could remain in custody if it were discovered they were involved in professional surety racketeering. I gave instances of lawyers who were present in E.F.C.C custody for soiling their names and with the criminal allegation of perversion of justice and criminal conspiracy to pervert justice hanging on their nacks.

Some persons do get away with it no doubt, but that does not make it right.

I stayed back watching T.V in a friend’s office while the duo went into Oga’s office for an interview.

I became worried when they were taking too long and sort permission to find out what was happening. Alas, the sureties were both in handcuffs. They have been caught for acting as professional surety. The C of O the suspect’s alleged uncle brought was a cloned copy, a fake!

The government worker could not explain his relationship with the suspect. They will be detained and possibly charged to court for prevention of justice and criminal conspiracy to commit same.

What ought to end in a single day, took an extra tiring week, despite all pleas, power games and connection pulling, including sending officers to plead with the Oga the gave the detention order before the trio regained their freedom.

I chop triple money sha. So it was a good deal for me at the end of the day.

But what is the position of the law?

"...the rising number of sureties/hired sureties that have no influence or hold and do not know the person they stand sureties for have to be dealt a deliberate blow to reduce the number of absconding suspects/accused standing trial in our Courts."



Bases for standing surety for an accused person; responsibility of a surety

Position of the law.


"A person who is standing surety for an accused person should do so after proper consideration and personal knowledge of the accused.

Standing surety for an accused based on recommendation can be very dangerous. The bases for standing surety is that the accused is personally known to the surety. It is a vote of confidence on the accused by the surety. He is saying the accused is of good character.

It is based on that assurance that a Court allows the accused to go on bail. It is therefore a big responsibility on the shoulders of the surety. A surety inability to produce the accused is therefore seen like an act of deceit on the Court and this will be taken seriously.

The surety therefore has a great burden to show it did all within his power to bring the accused. Taking an accused on bail as a surety should not be seen as a business.

This is also dangerous. By this, I mean a situation where people do it as a business just as others go about their business. The Court should discourage such attitude."

This is the position of the our criminal law books.

So before you stand as surety for another tomorrow, please ensure it won't land you in serious trouble or jail.