Abuja-based human rights lawyer, Dr. S. M. Oyeghe, Esq., has submitted a formal petition to the Chief Judge of the Federal Capital Territory (FCT) and the Director of Magistrates, raising alarm over what he described as widespread irregularities and systemic abuses within the FCT Magistrate Courts. Central to the petition is the controversial practice of allowing prosecutors to verify sureties’ addresses after bail has already been granted.
The petition, also copied to the Chief Justice of Nigeria, the President of the Nigerian Bar Association (NBA), and other key stakeholders in the legal profession, condemned the practice as “oppressive, unlawful, anti-justice, and exploitative.”
Dr. Oyeghe’s protest stemmed from his experience in the case IGP v. Owoupele Eneonekumoh (Charge No: CR/DUT/686/25) before Magistrate Abdullahi Ahmed Ilelah. Though the court granted bail, the defendant remained in custody as prosecutors insisted on personally verifying the addresses of the sureties—a process that stalled for days due to the absence and alleged unresponsiveness 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. “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.”
According to Dr. Oyeghe, repeated appeals to court officials to reconsider the practice were ignored. He recounted that the prosecutor, A. S. Oyeyemi, Esq., claimed to have travelled out of Abuja and then failed to respond to calls or designate an alternate contact, resulting in the defendant being held in custody since July 31, 2025, despite the court’s bail order.
He described the practice as one that compromises judicial independence by placing enforcement of a court order under prosecutorial control. “It is demeaning to the courts, as their order on bail is subjected to the whims and caprices of the prosecution,” he said. Dr. Oyeghe also alleged that the practice has, in some instances, been turned into a “money-making venture,” with some prosecutors delaying or obstructing the process unless bribes are paid.
Beyond the surety verification issue, the petition identified other alleged troubling practices at the FCT Magistrate Courts, including:
Refusal to entertain oral bail applications, a policy Dr. Oyeghe argued contradicts the fundamental nature of Magistrate Courts as courts of summary jurisdiction.
Prolonged adjournments for bail rulings, which he said defeat the goal of speedy justice.
Excessive bail conditions, such as mandating that sureties must be Level 16 or 17 civil servants or own property in upscale areas like Maitama or Asokoro—criteria Dr. Oyeghe described as tantamount to denying bail outright.
Forum shopping and irregular filing of First Information Reports (FIRs), where police allegedly file charges in distant or preferential courts rather than those nearest to the police station or location of the alleged offence.
Dr. Oyeghe concluded the petition by urging the Chief Judge of the FCT to launch a comprehensive review of these practices and initiate structural reforms. Among his recommendations was the implementation of a central filing system for FIRs, with assignments made solely through the Chief Magistrate to eliminate forum shopping and enhance public trust in the judiciary.
As of the time of this report, neither the FCT Judiciary nor prosecuting authorities have issued a formal response to the allegations raised in the petition.
