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
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