From the facts of the case, it is obvious that agents of the Defendant acted in excess of their powers. Assuming that the Plaintiff committed contempt by failing to produce the accused, the Defendant’s agent (EFCC), as a prosecutor has no business pursuing any person who has been sighted for contempt. It is and remains the responsibility of the court to issue forfeiture of the bail bond and not that of the prosecutor. In MESSERS ABDOULAYE BALDE V. REPUBLIC OF SENEGAL ECW/CCJ/JUD/04/13 (2013) CCJELR Unreported, the court found that the presumption of innocence as provided for by Article 7 (1) (b) of the African Charter was disregarded in that, without any prior establishment of guilt against the Applicant, the special prosecutor portrayed the Applicants guilty of embezzlement. A critical look at the initiating application brings to light the fact that the seizure essentially concerns the inability to produce an accused person which the Applicant ceased to represent since the year 2007. The Plaintiff filed an application to withdraw his representation before its national Court by reason of the fact that his law firm handles mostly civil matters. This the Court acknowledged in its short ruling dated the 1st of August 2007. The Plaintiff has attached the record of proceedings from the Federal High Court Port Harcourt Division where the said application was heard granted. From the same record, it is clear that as at the time the leave to discontinue was granted the Plaintiff, the accused was still in custody and the Judge stated that she 22

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