Ismaila Mustapha aka Mompha the Instagram celebrity was arrested again and arraigned by the Economic and Financial Crimes Commission (EFCC) on 12th of January 2022 over his alleged involvement and participation in a N6 billion international fraud.

In the recent count-charges brought against him by the prosecutors of the EFCC, he was accused amongst other things; conspiracy to launder funds obtained through illegal activities, laundering of funds obtained through fraud, retention of funds obtained through unlawful act, use of property derived from criminal activities, forgery of documents and failure to fully disclose his assets and properties.

He was remanded in the custody of the EFCC after the 12th of January arraignment while his counsels applied for him to be granted bail. The case was adjourned to 18th of January 2022 for the hearing of his bail application.

On the 18th of January, 2022, he bail application was heard and the court granted him bail but his bail was conditioned upon him meeting some requirements, amongst which is providing the bail sum of N200 million and two individuals who must not worth less than N100 million naira, with landed properties and who must be resident within the jurisdiction of the court to stand as a surety for Mompha’s bail.

The court stated that the applicant should be remanded in a correctional facility pending when he perfects the bail conditions. Mompha was unable to meet up with his bail requirements and he opted that he be remanded in the Ikoyi prison pending when he perfects the bail.

The case has been adjourned to March 28, 29, and April 4, 5, and 6 for commencement of trial.

Mopha in prison for failure to perfect bail; what you should know about bail & conditions before bail can be granted.  

Bail is the temporary release of an accused person who is awaiting trial while he guarantees that he will be appearing in court or reporting to the police whenever his presence is needed and he also guarantees that he won’t won’t run away or go into hiding. 

Every accused person despite the gravity of the offense that individual committed is entitled to bail because he is still presumed to be innocent of the crime he is accused of and he is just a suspect until a court of competent jurisdiction finds him guilty. Also, constitutionally, an accused person have the right to fair hearing as provided in s.36 of the constitution of the federal republic of Nigeria, hence the reason for entitlement to bail. 

The right of an accused person to be granted bail is statutorily provided for in s.158 of the administration of the criminal justice act, 2015 and it provides thus: when a person who is suspected to have committed an offense or is accused of an offense is arrested or detained or brought before a court, he shall be (…) entitled to bail. 

According to the Administration of the Criminal Justice Act, 2015 (ACJA); the statute that directs and regulates criminal trials in Nigeria, a criminal suspect who has been accused of committing a crime that carries a conviction term exceeding three years can only be granted bail based on him passing  some prerequisites  provided in the act. This can be said that individuals who have been accused of offenses of high gravity cannot be granted bail save and except they meet up with “the bail conditions”. 

S.162 (a-f) of the Administration of the Criminal Justice Act, 2015 listed out the prerequisites an accused person who have been accused of a crime that carries an imprisonment term exceeding three years must pass before he can be granted bail by the court. These conditions are: 

1. The court must have reasons to believe that the accused or the bail applicant won’t commit another offense if/when released on bail 
2. He must firmly promise and guarantee the court that he won’t evade his trial or go into hiding once granted bail.
3. The court must have reasons to believe that the bail applicant won’t try to interfere and influence witness or tamper with the cause of investigation of his case once he’s granted bail
4. He must guarantee that he won’t attempt to conceal evidences if granted bail 
5. It must be seen that granting him bail won’t prejudice proper investigation of the offense he’s accused of and 
6. It must be seen that granting him bail won’t undermine or jeopardize the criminal justice system. 

An accused person won’t be granted bail if the court is not satisfied or have a reason to believe that the accused will breach any of the prerequisites provided in s.162 of the Acja, 2015 and bail will automatically be revoked if granted and the accused breaches any of the bail prerequisites as provided in s.162 of the act. 

The law also provides in s.165 of the ACJA, that the court have the discretion to set the bail conditions for the accused person depending on the peculiarities of each case: 

The court can ask the accused and his sureties to deposit some amount of money with the court as his bail sum and the money deposited by the accused or his sureties will be returned to the accused and the sureties once the case is concluded. So, this money the court asks the accused or his sureties to deposit with the court is not a payment to the court; it is the money the court lays hold on to make sure that the accused doesn’t run away and if the accused does evade, the accused and his sureties forfeits the money deposited with the court. 

The court can also ask the accused to submit his international passport to the court registry; this is to make sure that the accused does not fled the country as no one can (in all due process) travel out of Nigeria without his or her international passport. 

The court also insists on the accused providing sureties who must be influential and responsible men of the society, whose integrities are unquestionable and who lives within the jurisdiction of the court; this is to give the court people to lay hold on if the accused goes into hiding. 

In summary, the take home is; every person despite the offense he or she is accused of is entitled to bail but it is the court’s who has the discretion to grant bail and before bail is granted that individual must satisfy some conditions as provided by the court which must be in tandem with s.162 of the administration of the criminal justice act of 2015.