Bail in Nigeria

BAIL IN NIGERIA
Bail is the procedure by which a person who has been arrested in connection
with an offense can be released temporarily after providing security to
guarantee his appearance on any day or place that the releasing authority needs
him.
Speaking about ‘providing security’ here does not mean payment of money. It is
true legally what the police men say, that bail is free and despite the fact that it
is a common practice, it is against the law and profoundly illegal for policemen
to collect payment for bail. The only money involved in the bail progress is
when the requirement for the bail is for a surety to enter into a bond by
depositing money or other security and such money will be forfeited if the
accused person breaks the condition of the bail. Otherwise, at the end of the
case, the security is released back to the accused and his surety at the end of the
case.
The surety in a bail is therefore one who undertakes to provide the needed
security for the release of the accused on bail and the promise that the accused
honours the terms of the bail agreement by appearing in court as required.
Summarily thus, terms and conditions upon which bail will be granted included;
1. Execution of a bond
2. Production of sureties who will enter a bond
3. Deposit in lieu of bond
4. Personal recognisance. This condition is entered into by famous and
people of right standing in the society and mostly only available for
misdemeanours (for definition of demeanours, check the episode on right
to personal liberty) Such a person will demand bail based on who he is
and his standing in the society which is to say that because of who he is,
he cannot run away and will definitely be available when the court
requires him to.
Bail can happen primarily at three instances
1. At the police station when a suspect is initially arrested. If the offence is a

non-capital offence (for definition of non capital offense, check the
episode on right to life) the police can and should grant bail to such
suspect while he awaits being charged. The suspect simply needs to fill
the application, provide his sureties and enter a bond if necessary and he
should be on his way home. The police can grant bail in misdemeanours
and in felonies but on the authority of Abacha v State and other cases, the
police is not qualified to grant bail when the suspect is arrested in
connection with a capital offense.
Police bail lasts as long as the matter remains with the police. On
arraignment in court, fresh application for bail is made to the court.
2. Bail pending trial.
This refers to bail granted by the court while the defendant is under trial. It is
different from the police bail in that at this time, the suspect has been
charged to court and so it is the court that can grant this one. Application is
by way of motion and upon the accused person and his lawyer fulfilling the
necessary conditions, the same conditions mentioned above, the court will if
satisfied grant the accused person bail pending trial.
3. Bail pending appeal
This simply refers to bail granted at the appeal court level. Thus when an
accused has been convicted and sentence by the court of law but decides to
appeal his conviction, he can send an application to the court asking to be
released on bail pending the determination of their appeal. The basis of this
bail is to ensure that a person who still has a chance of being acquitted does
not end up serving all of his sentence before the acquittal comes. In such a
situation, the purpose of the acquittal will be defeated as the accused has
already served the sentence. Method of application is lawyer business.
Conclusively on this matter, bail is constitutional and basis for bail is hinged
on three main rights.
The right to personal liberty in section 35 which is the right to be free from
being imprisoned, the right to presumption of innocence in section 36 (5)
which is the right of an accused person to be seen as innocent until proven
guilty by the court and he right to freedom of movement under s 41 which is
the right of a person not to be confined in one place.
Bail, as anything labelled constitutional is thus a serious provision. And any
attempt to be denied this constitutional right to you or your loved one should
see you fighting for it.

Bail in Nigeria

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BAIL IN NIGERIA

Bail can happen primarily at three instances

1. At the police station when a suspect is initially arrested. If the offence is a

2. Bail pending trial.

3. Bail pending appeal

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