The Temple of Justice Foundation, a non-governmental organization committed to promoting justice and equity in Nigeria, has issued a scathing condemnation of what it describes as “the alarming rate of judicial rascality” within Enugu State’s magistrate court system.
Speaking through its Executive Director, Ozo Alex Amujiogu, Esq., the foundation called on the Chief Judge of Enugu State, the Honourable Attorney General, the Enugu State Judicial Service Commission, and the Magistrates Association of Nigeria (MAN), Enugu Chapter, to urgently intervene and correct a system that appears to be increasingly weaponized against the poor, the voiceless, and the legally unprotected.
“Bail is Being Denied Through the Backdoor”
According to Amujiogu, many magistrates in Enugu are deliberately denying bail to defendants in bailable cases by imposing “impossible” bail conditions that effectively amount to a detention order—despite granting bail on paper.
“It is condemnable that bailable charges ranging from threat to life, threatening violence, assault, and conduct likely to cause breach of peace are tactically denied bail through the imposition of hard-nutted bail conditions while claiming that they have granted bail,” the statement read.
He cited troubling examples, such as a defendant charged over a community dispute being ordered to produce the very Igwe (traditional ruler) he is in conflict with as the sole surety for bail. “Is this not an implied denial of bail and a travesty of justice?” he asked.
In another case, Amujiogu revealed that defendants are sometimes required to bring a Permanent Secretary in the Enugu State Government or a community President General as surety—conditions that are almost impossible for average citizens to fulfill.
“Pre-Trial Bias and Ex-Parte Trials Undermining Justice”
The Foundation also exposed a disturbing trend where some magistrates allegedly conduct “illegal preliminary trials” and receive ex parte briefings from prosecutors before formally arraigning suspects.
According to Amujiogu, these “briefings” predispose magistrates to align with the wishes of the complainants—especially when those complainants are powerful individuals or “money bags”—and result in the accused being remanded in custody by all means, even before taking their plea.
“This is a gross violation of due process,” the Foundation warned, adding that such ex parte pre-trial judgments were undermining the credibility of the judiciary in Enugu.
“Some Magistrates Disappear After Granting Bail”
In what the Foundation described as a “clandestine tactic,” some magistrates reportedly grant bail but then vanish without signing the bail order, ensuring that the defendant is remanded at least overnight—presumably to satisfy the complainant.
“Other occasions exist where even after bail is granted, magistrates intentionally reject viable sureties brought by the defendant, just to ensure they smell the four walls of the correctional centre,” Amujiogu alleged.
A Call for Urgent Action
Citing Section 36(9) of the 1999 Constitution of the Federal Republic of Nigeria and provisions under the Enugu State Administration of Criminal Justice Law, the Temple of Justice Foundation reminded the judiciary that the presumption of innocence and right to bail are constitutional rights.
“We cannot continue like this,” Amujiogu said passionately. “There is need for magisterial evaluations and seminars in Enugu State, at least once a year, to review the specific actions of magistrates. Many otherwise innocent magistrates are gradually adopting these ill tactics as standard practice.”
Quoting the Igbo adage “Alu gbaru ago, oburu omenani” (When evil continues for a year, it becomes custom), he warned that these practices, if not urgently addressed, could become normalized, turning Enugu’s courts into instruments of oppression.
Final Plea: “Let Enugu Lead the Way in Judicial Reform”
The Foundation emphasized that Enugu State must not become a jurisdiction where the poor and powerless suffer second punishment after police brutality—this time at the hands of the very courts meant to protect them.
“Enugu Justice System should be a pointer for the evolution of a functional justice system in Nigeria where the poor, oppressed, and the downtrodden can breathe a sigh of relief—not a place where they will be executed again through cultural remand orders,” Amujiogu concluded.
“Time to act is now, my judicial torchbearers,” he declared.
