nowayobloggers

The 1999 Constitution provide for presumption of innocence of accused persons. The longstanding concept of presumption of innocence forms the basis for granting bail to accused persons. Bail is the process through which an accused person who is arrested on the allegation of committing an offence is released by a constituted authority upon the provision of adequate security guaranteeing that the accused person would report at the police station or in court for his trail whenever his presence is required.
Bail arises at three stages of the criminal justice process: 1.The police may release a suspect on bail pending further investigation.It is common to see boldly written sign: ‘’Bail Is Free,’’ in our Police stations. Sadly, most people who had gone to bail their relatives or friends at the police station would tell you that the message is a subtle reminder that nothing is free in any Nigeria Police station.
2.The court may release an accused person on bail pending the determination of the case against him.To grant bail or not is a discretionary matter for which the trial judge in the exercise of his discretion must act judicially and judiciously. He must, therefore, act only on evidence placed before him.
Some of the conditions that have been applied by the court in granting and/or refusing an application for bail over the years are:
• The prejudice of the proper investigation of the offence if granted bail;
• The serious risk of the accused escaping from justice;
• That no grounds exist for believing that the accused if released would commit an offence;
• The nature of the charge;
• The strength of the exhibit which supports the charge;
• The gravity of the offense allegedly committed by the accused;
• The gravity of the punishment in the event of conviction;
• The previous criminal record of the accused, if any;
• The probability that the accused may not surrender himself for trial;
• the offense allegedly committed by the accused;
• The gravity of the punishment in the event of conviction;
• The previous criminal record of the accused, if any;
• The probability that the accused may not surrender himself for trial;
• The likelihood of the accused interfering with witnesses or may suppress any evidence that may incriminate him;
• The likelihood of further charge being brought against the accused;
• The probability of guilt;
• Detention for the protection of the accused;
• The necessity to procure medical or social report pending final disposal of the case;
• The prevalence of the alleged offence;
• The presence of special circumstance such as prosecution’s delay; failure to prepare the proof of service; failure to file information against the accused for the alleged offence
• The accused suffering from serious health disability which may occasion health hazard, calamity or even death if no proper medical attention is given
In Ohize v. COP (2014) (CA), the Court of Appeal, Per Akomolafe-Wilson, J.C.A, emphasised the sanctity of a citizen’s personal liberty as follows: “The constitutional right to personal liberty of a person is sacrosanct, even for an accused person.” Sadly, our government has consistently refused to release from detention many granted bail by our courts.
Though the judiciary lack the means to enforce its order; it becomes the duty of the citizens to speak out, match on the streets, and write against the abuse of the fundamental Right. Anyone of us can be a victim. According to Thomas Paine; “Those who expect to reap the blessings of freedom, must, like men, undergo the fatigues of supporting it.”


If you need assistance in contacting a lawyer, write to write@nowayobloggers.com/law or call 08186718454 and we would be glad to match you with a lawyer who meets your requirements.

SHARE

Comments

    NO COMMENT

Leave Your Comment

Sign up to continue.

Your email address will not be published. Required fields are marked.

Already a member?? Login