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The legal implications of standing as surety for bail

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A client called me earlier today to ask me about the legal implications of him standing in as guarantor for the bail of a friend who was arrested by the Economic and Financial Crimes Commission (EFCC) for money laundering, tax evasion, and other related offenses.

He is worried about making such a commitment of using his house as bail security and also depositing his international passport with the EFCC which are some of the requirements for standing as a guarantor or surety for the accused person and according to him, he is not quite close to the friend and cannot vouch that once he is granted bail he won’t try to flee the country.

Bail simply put is the temporary release of an accused person who is awaiting trial, sometimes on the condition that a sum of money or other properties is lodged to guarantee their appearance in court or always present themselves to the law enforcement agencies whenever they are called upon and that a person (or persons) stands as a guarantor for the accused person.

Sometimes, individuals get asked by friends, colleagues, and families to stand in as a guarantor or surety for their bail and some people do not really appreciate the legal implications of standing in as a guarantor or surety for an accused person.

Before you stand in as a guarantor or surety for an accused person, you need to ask yourself if you trust that the person you standing in for as a surety will not flee the country or abscond when granted bail or will he always be available whenever he’s called upon. If you are not sure about these then don’t do it because you will be putting yourself into a problem.

Know that a surety undertakes to provide security for the release of the accused and as well promises that the accused honors the terms of the bail agreement by appearing in court as required. This implies that if the accused person elopes or decides to jump bail, you as the guarantor will be held responsible and it’s either you provide the accused or you will be made to lose your guarantor’s sum or any other security you deposited, in some cases, you could be arrested or detained till the accused person presents himself.

So the professional legal advice on this is that you should only accept to stand as a surety or guarantor to an accused person when you are sure that the suspect will not jump bail or disappear because if the suspect absconds or “jumps bail” then you the surety forfeits the security you provided for the bail.

 

Nigeria 2023: Emefiele And The Court Suit Over Presidential Ambition

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A Federal High Court in Abuja, the Nigeria’s capital territory, has on Monday, 9th May 2022 ordered the Independent National Electoral Commission (INEC) and Attorney-General of the Federation (AGF) to appear before it on May 12, 2022 to explain why the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele should be disqualified from running for the country’s Presidential position in 2023.

It’s noteworthy that Emefiele had earlier filed a suit at the court, asking the arbiter to restrain the INEC and the AGF from disqualifying his presidential ambition.

Rumours have been making the rounds, for months now, that Emefiele was willing to join partisan politics. The campaign posters of the CBN boss were spotted everywhere at the venue of the ruling All Progressives Congress (APC) national convention, which was held in March this year.

The speculations were further made popular after a video showing several cars branded with ‘Emefiele for President’ went viral on the social media.

Emefiele’s lawyer, Mike Ozekhome reportedly applied for an order of ‘status quo ante bellum’ to be made against the INEC and AGF, so that the CBN Governor would not be made to resign from office until 30 days to the general election, as stipulated in the Nigeria’s 1999 Constitution, as amended.

In an ex-parte application argued on Monday, 9th May 2022, Emefiele denied being a political appointee but a Public servant, hence not caught by section 84 (12) of the new Electoral Act, 2022.

It could be recalled that the aforementioned section of the amended Electoral Act summarily stipulates that no ‘political appointee’ would be eligible to vote, or be voted for, at the Congress or Convention of any political party in Nigeria.

The CBN Governor asked the court to invoke section 318 of the 1999 Constitution to bar the defendants from asking him to vacate office, until 30 days before the February 2023 Presidential election.

Emefiele expressed apprehension that sale and submission of the presidential nomination form would expire on Wednesday, 11th May 2022 and that unless the INEC and AGF are ordered to maintain ‘status ante bellum’ as at May 5 when he filed the suit, he would be made to vacate office before his form would be accepted by the appropriate authority.

However, in a brief ruling, Monday, Justice Ahmed Ramat Mohammed turned down the request for the order, hence ordered him to put the defendants on notice and also serve court processes on the defendants.

Justice Mohammed ordered the defendants to appear before him on May 12 and show cause on why the request should not be granted.

In the suit marked FHC/ABJ/CS/610/2022 instituted on his behalf, 5th May 2022, by the Constitutional lawyer, Ozekhome, the defendants were the INEC and the AGF.

The plaintiff had in the originating summon prayed an order of the court that, he cannot be hindered, stopped or precluded from participating, voting or being voted for at the congress or prevention of any political party of his choice for the purpose of the nomination of candidates for the election to the office of President or any other office under the Constitution of the Federal Republic of Nigeria.

The court suit obviously marked the end of the myriad of speculations, hence strongly informing the general public that Emefiele is truly aspiring for the number-one position of the country come 2023.

One may then wonder why the CBN boss, over the weekend, denied that no presidential Nomination and Expression of Interest forms were bought on his behalf by some support and interest groups; knowing full well that the forms were allegedly purchased after he had filed the suit at the law court.

Without equivocations, Emefiele’s attitude of speaking from both sides of his mouth goes a long way to indicate that he’s ridiculing his personality and the position he presently occupies.

I wonder how Emefiele intends to carry out political campaigns over his presidential ambition while still occupying his current post as the country’s CBN Governor. What is really wrong with Africans; are we under spell or something?

The request by sane Nigerians is very simple; Emefiele ought to jettison his current position and pursue his political aspiration. He can’t be playing active and partisan politics, and still occupies such a critical and sensitive post as the governor of the country’s apex bank.

It’s indeed high time Emefiele stopped playing on the intelligence and intellectual ability of over 200 million Nigerians.

Thank you Fidelity Bank Plc for the Support to Tekedia Institute

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Good People, I just want to thank Fidelity Bank PLC for the support the bank has provided to our business. When a big bank likes you, confidence rises. Tekedia Institute thanks Fidelity Bank for your support.

Good People, it is Fidelity, it keeps its words. Bank with a bank that keeps its words so that it will keep supporting the Institute.  We wish Fidelity Bank open markets and more wins ahead.

Fidelity Bank has sponsored dozens and dozens to our programs and their staff come to our live sessions, co-learning with us. Thank you for supporting the local team.

From Tekedia today, if you open a Fidelity Bank account, you get a 50% discount to Tekedia Mini-MBA till week end (May 13, 2022 midnight in Lagos). That one is personally on me. I just want to see how to thank the Bank for showing so much support even though I do not know anyone there. Make Nigeria a Fidelity Bank nation

Thank you Soulmate Industries for supporting Tekedia Institute

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Africa’s largest indigenous hair- and body-care product company, Soulmate Industries, has been a great partner at Tekedia Institute. They make  Hair Condition Plus, African Herbal Hair Grow, Relaxer and other great brands you use daily. Without them, the barbering and hair salons will not be complete across many communities in West Africa.

Tekedia Institute appreciates this great company.  Yes, we are honoured for the opportunity to co-learn with a company with three decades of history, producing products which are sold in London, New York, Atlanta and other global cities. 

For those integrated to become global distributors of this Africa’s beauty powerhouse, click here for the brochure. Every look changes when one finds your Soulmate!

We thank the Champions for sending more than 300 staff to co-learn with Tekedia Institute. Thank you so much. Thank you.

Thank you for that magic where “every look changes when you find your Soulmate!”

Travel to a Better Future – A Graduation Speech

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Tekedia Institute has a mission “to discover, and make scholars noble, bright and useful”. We celebrated a graduation ceremony on Saturday.  My speech was titled “Travel to a Better Future.”  We have posted the video on our homepage at school.tekedia.com.

We have also started working on the next edition of Tekedia Mini-MBA which begins next month (June 6). Many new courses are coming. A Google executive is creating one on product design. This is amazing.

Join Tekedia Institute today