Abuja-based human rights lawyer, Dr. S. M. Oyeghe, Esq., has filed a formal petition to the Chief Judge of the Federal Capital Territory (FCT) and the Director of Magistrates, raising alarm over alleged irregularities and systemic abuses at the FCT Magistrate Courts. The focus of the petition is the practice of delegating verification of sureties’ addresses to prosecutors after bail has been granted.

The petition, which was also copied to the Chief Justice of Nigeria, the President of the Nigerian Bar Association (NBA), and other key legal stakeholders, questions what Dr. Oyeghe described as an “oppressive, unlawful, anti-justice, and exploitative” policy.

Dr. Oyeghe’s complaint arose from a case he handled IGP v. Owoupele Eneonekumoh (Charge No: CR/DUT/686/25) before Magistrate Abdullahi Ahmed Ilelah. According to the petition, although the court granted bail, the release of the defendant was stalled because prosecutors insisted on verifying the sureties’ addresses, a process that dragged for days due to the unavailability and alleged non-cooperation of the prosecuting counsel.

“Upon grant of bail, it was perfected, however in the process, we were informed that the addresses of the sureties must be verified by the Prosecution,” the petition reads in part. “We immediately raised concern on the policy of subjecting the verification to the Prosecutor instead of the Court. The same prosecutor who opposed the defendant’s bail should not be accorded such a sensitive task.”

Dr. Oyeghe said repeated attempts to convince court officials to reconsider the practice were rebuffed. He recounted how the prosecutor, A. S. Oyeyemi, Esq., claimed to have travelled out of Abuja and failed to respond to follow-up calls or provide an alternative contact, leaving the defendant in custody since July 31, 2025, despite the bail order.

He described the policy as not only unjust but one that gives prosecutors undue power over judicial orders. “It is demeaning to the courts, as their order on bail is subjected to the whims and caprices of the prosecution,” the petition states. He further alleged that the practice has become a “money-making venture” for some prosecutors, who delay or frustrate the process unless financial demands are met.

Beyond the verification issue, Dr. Oyeghe also raised concerns about other troubling practices in FCT Magistrate Courts, including:

Refusal to entertain oral bail applications, which he argued contradicts the principles of fairness and justice, especially as Magistrate Courts are summary courts.

Lengthy adjournments for bail rulings, which he said defeat the purpose of speedy justice and undermine the nature of Magistrate Courts as courts of summary jurisdiction.

Excessive bail conditions, such as requiring sureties to be Level 16/17 civil servants or own property in highbrow areas like Maitama or Asokoro conditions he described as tantamount to denial of bail.

Forum shopping and irregular filing of FIRs, where First Information Reports are allegedly filed in distant courts or before “friendly magistrates” instead of in courts nearest to the police station or place of alleged offence.

Dr. Oyeghe concluded the petition by urging the Chief Judge to order a review of these practices and implement structural reforms. He recommended that all FIRs be filed through a central registry and assigned by the Chief Magistrate to eliminate forum shopping and restore public confidence in the magistracy.

PETITION AGAINST BAIL VERIFICATION BY PROSECUTORS (2)

As of the time of this report, neither the FCT Judiciary nor the prosecuting authorities have issued a response to the allegations.

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