BAIL (Bail by the Police)

There are different types of bail but we shall be discussing bail by the police, let’s look at this scenario below.

On the eve of Christmas at Alagomeji Yaba, Lagos,Mr Adigun was unlawfully arrested for throwing banger while walking his girlfriend alongside some other persons. All effort to get him released on bail proved abortive because his father refused to dance to the tune of some corrupt officers on duty, he was detained till January, 2nd before he was charged to court, he wants to charge the officer to court for breach of his fundamental right, what are the provisions of law regarding bail?
 

What is Bail?
This is the temporary release of a suspect awaiting trial, secured by imposition of special conditions. Bail is a constitutional right of every citizen of Nigeria, guaranteed and secures the right of personal liberty as provided by section 35 of the constitution of Federal Republic of Nigeria. 

When can bail be granted?

Bail can be granted where the offense committed by the suspect is not an offence punishable with death.

Is bail an acquittal?

No, this is a temporary release of an accused person pending investigation.Section 27 of the Police Act authorize the grant of bail pending investigation of the suspect and shall appear at the police station on subsequent date stated in the recognizance.

Is bail free?

Bail is free, no money shall be paid before an accused person can be released but in some instances bail may be granted on recognizance, this is a legal promise made to do or not to do something specified as a guarantee of such promise being kept. i.e. that i shall produce the suspect on so so date for further interrogation to assist in investigating the case.

How long can an accused  be detained before being charged to court?

section 35(4) of the constitution............an accused shall not be detained more than 24 hour in the case of an arrest or detention in any place where there's a court of competent jurisdiction within radius of 40kms or in any other case 48hours or any longer period which given the circumstances of the case the court considers reasonable. 

Can a woman bring bail application?

Yes a woman as well as man can bring a bail application.

Method for bail application to the police

Application for bail is made in writing, the suspect or his surety can make the application. Upon application for bail, the suspect may be admitted to bail with or without conditions.
where a condition is stipulated such condition must be met before the suspect is released, failure to do so he will have to remain in custody and this does not amount to a violation of his constitutional right as provided in the constitution.



Oyenike Alliyu-Adebiyi LLB(hons)BL