The Police say bail is free But they dont mean you wouldnt pay! Even if you are innocent and there is nothing on you. They can always charge you for conduct likely.

The issue with police is a serious situation. You realise its a big problem when you venture into litigation. But lets look at the options of a man who decides not to break the law and not to ever bribe.

You are arrested for a crime and you are innocent. The Police officer asks "oga bring something...oga free your self....oga pay for the paper and the biro!". You will not bribe so you say "Never! I am innocent and I know my rights! I will report you for demanding bribe and mind you, you cannot detain me more than 48 hours!"

The Officer says "ok...I will just do my job and I will do it according to the law". He keeps you detained for two days with a plate of small beans a day. The third day he charges you for "conduct likely!". The charge makes no sense...there is no evidence, there is no witness but here you are before the magistrate court.

You insist you wont spend a dime because you are innocent. You know that justice would always prevail. The magistrate takes your plea you say you are not guilty. You try to explain and she says "Go and get a lawyer!" The lawyers around want twenty thousand to defend you and another ten thousand for your bail.

"Your honour I did nothing wrong! I am here because I refused to bribe the police. If I pay thirty thousand for a lawyer and my bail, wouldnt it have been better to pay five thousand to the police?"

The Magistrate looks at you. She appreciates your plight but then again every other accused makes up these stories. She says " I cant decide if youre innocent or not, aleast not until after your trial. You also cannot apply for your bail by yourself so get a lawyer my brother!" she asks the registrar for the earliest date after vacation!" The registrar says "15th september". You are shocked and complain but she says there is nothing she can do and the case is adjourned to 15th september for trial, she adds "defendant to be kept in prison custody!"

You spend three months in prison custody due to the court's vacation. Unable to meet a lawyer because you insist you are innocent. No one knows about the innocent good man in prison! The case comes up on 15th september and there was no witness. It was adjourned three more times for the witnesses to come. You have spent a year in prison and have become frustrated. You finally contact a lawyer and pay a total of thirty thousand naira. The registrar of court demanded for something and you pay another three thousand naira!

Finally you have paid the price for demanding justice in an unjust society! The lawyer stands to defend you in court! A friend you paid for, blowing grammar he didnt blow before you paid. The money convincing him that you are innocent. He says your "honour there have been no witnesses in this case the evidence before this court is insufficient. I humbly urge the court to strike you this charge!". The magistrate writes for a while then says "Case struck out....Defendant you can go!" Your freedom obtained by a few jottings in her file. The prison waders ask for small something but at this stage youre too frustrated to insist not to bribe.

After one year in prison for doing absolutely nothing, you are asked to go with no apologies and no damages for your damages! It seems like your life meant nothing even as you calculate the cost in time and money. Tears roll down your eyes.

So that is the story of the innocent good man in a country where corruption is institutionalized even by the laws themselves.

So I believe the Magistrate courts as courts of summary jurisdiction should exercise discretion in freeing suspects when they see the offence is minor or the evidence is really insufficient. They may recommend quick punishment or community service which will not be seen as sentence. 80% of persons in Nigerian prisons are awaiting trial. The prisons are congested and it should not be! Our criminal statutes over criminalize the temple of justice should ensure criminal laws do not become institutions of fraud! What on earth is conduct likely?! Certainly some accused may benefit....but isnt it better for ten guilty to go than one innocent man being punished?
Magistrate's should not bind themselves to technicalities. Most cases lacking evidence are taken there! Let them do real justice and not unduely prolong simple issues.
Furthermore, it would be nice if police officers have their salaries deducted to pay damages for instigating baseless prosecution. If people know they can get quick justice from the judge, there would be less corruption in the justice system. Afterall delayed justice is no justice atall!

Oliver Omoredia

Cc lalasticlala , Oluwaseun osewa , mynd44