Bail
Definition & Nature of Bail
Suleiman v COP; Onyebuchi v FRN
Bail is a temporary release of a defendant/suspect from custody to sureties on condition given to ensure the defendant’s attendance in court or some other place pending the determination of the case or investigation. The word “temporary” is critical.
Bail is a constitutional right under S35 CFRN. However, there is no law mandating the court to grant bail - it is at the discretion of the court. There is no inherent power in criminal cases.
- A defendant may be granted bail without bringing a surety;
- The first condition for bail is whether the defendant will be available to stand trial.
3 Types of Bail
- Police Bail - bail pending investigation / administrative bail;
- Bail Pending Trial;
- Bail Pending Appeal.
- 1. Police Bail -
Statutory Authority
- S35(4)(5) CFRN - constitutional foundation;
- S168 ACJL Kano; S17 ACJL Lagos; SS30 & 31 ACJA; S27 Police Act;
- Police cannot detain beyond 48 hours except in capital or other serious offences – Danfulani v EFCC.
Eda v COP (1982)
The court declared the provisions of S17 CPL and S27 Police Act NULL AND VOID for being inconsistent with S35(4)(5) CFRN. The principle established: police bail must align with constitutional reasonable-time rule.
Procedure for Police Bail
- No statutory provisions on procedure;
- Application by suspect or another person;
- In writing or orally - S18(3) ACJL; S32(3) ACJA;
- In practice, in writing and signed by suspect, lawyer or surety;
- May be with or without bond;
- Bail is FREE - though counsel/suspect may give administrative fees in practice;
- Where multiple suspects represented by same counsel, a single application listing names suffices;
- Police bail elapses upon arraignment - new application required to court.
- Rule 37 RPC: a legal practitioner shall NOT stand or offer to stand bail for any person;
- Police bail is revocable for non-fulfilment of terms; once revoked, only the court can grant bail again;
- Purpose of police bail: to secure attendance at police station pending conclusion of investigation.
Continue reading Bail
You have read the opening. Unlock the full library once and it stays unlocked - one payment, no subscription, the same library as the app.
- All 725 Laws of the Federation, A to Z
- 916 full judgments and 269 case collections
- 8,046 legal principles and 124 rules of court
- 343 drafts, with the Draft Builder
- The Law Dictionary - 31,442 terms
- Law School notes and 2,082 MCQs
Every Act, case collection and principle beginning with A, B or C is free to read in full, without unlocking - the same boundary as the Android app.