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What Bail Conditions Really Mean - Politics (3) - Nairaland

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Re: What Bail Conditions Really Mean by topfally75(m): 5:38pm On Jan 22, 2016
TonyeBarcanista:
@OP:

You are wrong! The bail money money is to be paid to the court and will be kept in the court's custody until after the trial. Should the accused jump bail, he forfeits the money. If he doesn't, he's refunded the money after the trial is concluded.
u're d one who is wrong here, the money in question is d bond between d surety nd d state/FGN. Is a sort of contract failure to produce d accused person(s) at anytime den u av to fullfil ur part of d contract, this money is not paid until an accused person(s) jumped bail and d surety cant produce him in court. A process wil now be filed in court "to show cause" and tell d court y he will not forfit d said amount on his failure to produce d accused person(s). D surety/accused person(s) can only pay d said amount if d ruling on bail expressly stated it. All is at d discrection of d court.

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Re: What Bail Conditions Really Mean by blazetitov: 5:41pm On Jan 22, 2016
Crownofwealth:
NOT WRONG.if they run.bench warrant for their arrest will be issued against them.


hahahahahahahaha. You just hilarious, walahi grin grin grin grin grin grin. So, what is the essence of setting bail conditions in the first place??

1 Like

Re: What Bail Conditions Really Mean by Nobody: 5:51pm On Jan 22, 2016
Well i think the accused has to meet the bail condition before he/she will be released from custody. As in a case of my uncle who was arrested for some illegal dealings, he was granted bail but not released until he met the bail conditions. But one of the lawyers said "not that he must pay the money but must meet the bail conditions", whatever that means.
Re: What Bail Conditions Really Mean by onatisi(m): 5:53pm On Jan 22, 2016
topfally75:

u're d one who is wrong here, the money in question is d bond between d surety nd d state/FGN. Is a sort of contract failure to produce d accused person(s) at anytime den u av to fullfil ur part of d contract, this money is not paid until an accused person(s) jumped bail and d surety cant produce him in court. A process wil now be filed in court "to show cause" and tell d court y he will not forfit d said amount on his failure to produce d accused person(s). D surety/accused person(s) can only pay d said amount if d ruling on bail expressly stated it. All is at d discrection of d court.
this makes sense. No wonder huge amounts are set as bail so that the surety will know how much he or she will lose or pay if the accused jumps bail
Re: What Bail Conditions Really Mean by maestroz: 5:53pm On Jan 22, 2016
maximunimpact:
I want to use this opportunity to correct a wrong impression about bail conditions. In recent times we have read how courts slam bail charges on accused persons and many think the sums must be paid before releasing an accused.

in reality this money and other conditions will only be redeemed if only the accused jump bail. in that situation the sureties will have to pay the cash.

But if the accused maintain statuesque and appear in court as at when due, that money will never be paid. but the sureties must sign before releasing an accused on bail with the prove of ownership of the landed property as required by the court.

Legal gurus in the house can throw more light on this subject.

you just made maximum impact. i use to wonder why the judges live a life of penury despite thos bogus amounts.

1 Like

Re: What Bail Conditions Really Mean by onatisi(m): 5:54pm On Jan 22, 2016
InLoveWithGod:
Well i think the accused has to meet the bail condition before he/she will be released from custody. As in a case of my uncle who was arrested for some illegal dealings, he was granted bail but not released until he met the bail conditions. [b]But one of the lawyers said "not that he must pay the money but must meet the bail conditions", [/b]whatever that means.
same thing as what the op and modath are saying
Re: What Bail Conditions Really Mean by macklef(m): 6:01pm On Jan 22, 2016
mrmetoo1:
From what I know I think the money has to be paid. In the US for example Bail Bondsman is good businesses. What happens is you pay the bonds guy 10% of your bail which is non-refundable, while he in turn puts up the entire bail and pays to the court. Now, where the risk is, if the accused jumps bail then no refund for Bonds man. The profit comes from the 10% if the guy shows up to court, meaning bonds man will be refunded the bail money. Advantage to the accused is, all you have to do is come up with just 10% rather than going everywhere looking for the entire sum.

Now with all these EFCC cases everywhere setting up a Bail Bonds agency might not be a bad idea .
Ehen? So what happens if he dosnt get tried. Asin, d niggar dies. D govt looses then
Because as a bondsman i still keep my 10% bah?
Re: What Bail Conditions Really Mean by ril19(m): 6:07pm On Jan 22, 2016
Then What Do We Call The Type Of Bail That The Nigerian Police Demand From Suspects Which Must Be Paid Before Securing Their Release? undecided
Re: What Bail Conditions Really Mean by akanbiaa(m): 6:08pm On Jan 22, 2016
Geist:
You very funny. Without meeting any of the bail conditions, you can't be released. So what if the accused and the surties flee the country? what then?
The property and accounts gets seized and frozen respectively,mind you the security agencies and efcc will keep close observations on any attempt to either escape or sell their property.
Re: What Bail Conditions Really Mean by Jexyme(f): 6:22pm On Jan 22, 2016
maximunimpact:
I want to use this opportunity to correct a wrong impression about bail conditions. In recent times we have read how courts slam bail charges on accused persons and many think the sums must be paid before releasing an accused.

in reality this money and other conditions will only be redeemed if only the accused jump bail. in that situation the sureties will have to pay the cash.

But if the accused maintain statuesque and appear in court as at when due, that money will never be paid. but the sureties must sign before releasing an accused on bail with the prove of ownership of the landed property as required by the court.

Legal gurus in the house can throw more light on this subject.

Thanx a lot!!

1 Like

Re: What Bail Conditions Really Mean by topfally75(m): 6:22pm On Jan 22, 2016
onatisi:
this makes sense. No wonder huge amounts are set as bail so that the surety will know how much he or she will lose or pay if the accused jumps bail
Exactly.

1 Like

Re: What Bail Conditions Really Mean by muhakeem(m): 6:24pm On Jan 22, 2016
Geist:
You very funny. Without meeting any of the bail conditions, you can't be released. So what if the accused and the surties flee the country? what then?
do u mean metu will be in the prison till bail fund is produced??
Re: What Bail Conditions Really Mean by Geist(m): 6:32pm On Jan 22, 2016
muhakeem:
do u mean metu will be in the prison till bail fund is produced??
yes
Re: What Bail Conditions Really Mean by onunwa21(m): 6:33pm On Jan 22, 2016
Juries in the house......ur option pls.
Re: What Bail Conditions Really Mean by FWJOBSNG: 6:36pm On Jan 22, 2016
ril19:
Then What Do We Call The Type Of Bail That The Nigerian Police Demand From Suspects Which Must Be Paid Before Securing Their Release? undecided

Those are illegal charges.......that is why the display "bail is free" in police stations
Re: What Bail Conditions Really Mean by thunder74(m): 6:47pm On Jan 22, 2016
TonyeBarcanista:
@OP:

You are wrong! The bail money money is to be paid to the court and will be kept in the court's custody until after the trial. Should the accused jump bail, he forfeits the money. If he doesn't, he's refunded the money after the trial is concluded.
Oga, this is not your area of strength. The bail bond is the amount a surety will forfeit to the government if the accused jumped bail. It is not that the money must be deposited. All the Court and prosecution will do is to verify the status of the surety (through his jobs, bank account etc). But in a situation where the accused jumped bail, he must pay the sum assured to the court and may be tried to show cause why the accused is not in court and may in addition be sent to jail.
It is a bond or pledge. That is why the courts usually ask the sureties to deposit their properties title documents.

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Re: What Bail Conditions Really Mean by obayaya(m): 6:55pm On Jan 22, 2016
topfally75:

u're d one who is wrong here, the money in question is d bond between d surety nd d state/FGN. Is a sort of contract failure to produce d accused person(s) at anytime den u av to fullfil ur part of d contract, this money is not paid until an accused person(s) jumped bail and d surety cant produce him in court. A process wil now be filed in court "to show cause" and tell d court y he will not forfit d said amount on his failure to produce d accused person(s). D surety/accused person(s) can only pay d said amount if d ruling on bail expressly stated it. All is at d discrection of d court.

This makes sense

TonyeBarcanista will still come and argue this...

SMH
Re: What Bail Conditions Really Mean by Egie4real: 7:04pm On Jan 22, 2016
Geist:
You very funny. Without meeting any of the bail conditions, you can't be released. So what if the accused and the surties flee the country? what then?
if I got the OP right, the sums isn't collected from the surety until the accused jump bail.
Re: What Bail Conditions Really Mean by teamchocolate: 7:10pm On Jan 22, 2016
Nurse Metuh don enter am grin grin hinhinhinhin *evilgrin*
Re: What Bail Conditions Really Mean by Frankiss44(m): 7:16pm On Jan 22, 2016
Egie4real:
if I got the OP right, the sums isn't collected from the surety until the accused jump bail.

Exactly
Re: What Bail Conditions Really Mean by asamaigho(m): 7:27pm On Jan 22, 2016
maximunimpact:
I want to use this opportunity to correct a wrong impression about bail conditions. In recent times we have read how courts slam bail charges on accused persons and many think the sums must be paid before releasing an accused.

in reality this money and other conditions will only be redeemed if only the accused jump bail. in that situation the sureties will have to pay the cash.

But if the accused maintain statuesque and appear in court as at when due, that money will never be paid. but the sureties must sign before releasing an accused on bail with the prove of ownership of the landed property as required by the court.

Legal gurus in the house can throw more light on this subject.

u r right, also d person dat signs the surety may also serve like half or quarter of d punishment instead of accused should d accused elope.
Re: What Bail Conditions Really Mean by maximunimpact(m): 7:40pm On Jan 22, 2016
TonyeBarcanista:
@OP:

You are wrong! The bail money money is to be paid to the court and will be kept in the court's custody until after the trial. Should the accused jump bail, he forfeits the money. If he doesn't, he's refunded the money after the trial is concluded.

actually Tonye u are fallible and most likely this isn't your favourite battle ground. I do hope for a day we will meet In your own yard....politics

I will like that day to happen soon because you are not always right In your political analysis. but for today just learn from me.

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Re: What Bail Conditions Really Mean by charlsecy(m): 7:59pm On Jan 22, 2016
Geist:
So what if the accused and the surties flee the country? what then?
With their land and other fixed property?
Re: What Bail Conditions Really Mean by marlockj: 8:00pm On Jan 22, 2016
Lionsclaw:

OP so how do you judge a govt who stops the accused from bail after meeting all bail conditions.
Isnt it witch hunt/personal vendatta

Some of you Jst read n don't understand.

Please cn u gv mi xample of that government?
Re: What Bail Conditions Really Mean by yaso(m): 8:03pm On Jan 22, 2016
Kai....I have learnt alot and at thesame time I have learnt nothing because these guys keeps on counter attacking each other; now I don't know what to believe.
Re: What Bail Conditions Really Mean by smitez(m): 8:05pm On Jan 22, 2016
Sijo01:
shocked unbelievable! So all those millions we've been hearing are not being paid. Chaiiiii, ignorance nor good o. Op thanks for this.

It's actually the Op that is ignorant. He is spitting nonsense
Re: What Bail Conditions Really Mean by gentle007(m): 8:05pm On Jan 22, 2016
DropShot:
Op, I think you're wrong. The bail conditions must be perfected, including the money part, before the accused will be released. Check your facts as I check mine too.


https://en.m.wikipedia.org/wiki/Bail

From the emboldened, it's clear that the money has to be deposited with the court. If not, there won't be need for "bail money may be returned" after trial.
You are right. The money is like a bond

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Re: What Bail Conditions Really Mean by smitez(m): 8:15pm On Jan 22, 2016
All of you Should just Google bail and read up on it on Wikipedia.. stop talking nonsense already.. The creator of this tread must be an illiterate.
Re: What Bail Conditions Really Mean by Jodesky(m): 8:16pm On Jan 22, 2016
Let me add my voice to this avoidable controversy. Avoidable if the non-experts had allowed reason to prevail.

I will break it down in mathematical terms.
When an accused is granted bail, the court is at liberty to grant bail on conditions or on self-recognizance where the accused is not expected to jump bail.

When conditions are imposed, the court may require a surety as an added back-up. That explains why we hear that an accused is granted bail in the sum of N10m and a surety in a like sum. What this means is simply that if the accused jumps bail, he WILL BE LIABLE TO PAY (not forfeit) that sum of N10m. In addition thereto, his surety will also be bound to pay the like sum, i.e. N10m.

Now the courts need to be convinced that the surety could afford the bail money hence the requirement for landed properties in choice locations. Those properties shall be forfeited if the accused jumps bail and the surety is unable to pay the bail money.

Where a surety can easily pay the bail money(including that imposed on the accused), the court will return his title documents deposited with it.

In certain jurisdictions, the courts rely on bail bonds which require actual cash payment. This is common practice in some states in the US and in most South American jurisdictions.

In Nigeria, the position is as clearly stated by the OP.

1 Like

Re: What Bail Conditions Really Mean by Tdhforreal(m): 8:37pm On Jan 22, 2016
TonyeBarcanista:
@OP:

You are wrong! The bail money money is to be paid to the court and will be kept in the court's custody until after the trial. Should the accused jump bail, he forfeits the money. If he doesn't, he's refunded the money after the trial is concluded.
M

Mr Barcanista, I have tremendous respect for you but on this issue you exposed your ignorance and you goofed big time mate.
The bail conditions met by Metu, where properties worth the like sum requested by the court period!
However in certain instances, the court may request cash ONLY, but not on this occasion.
Pls let us learn to keep mute on matters we haven't got a clue on. No one has the monopoly on Knowledge.
To argue further would only make me exasperated and disappointed in you. Shalom.
Re: What Bail Conditions Really Mean by olafum1(m): 8:42pm On Jan 22, 2016
millhouse:
ignorance is bliss

Yea. Enjoy it while it last
Re: What Bail Conditions Really Mean by DaudaAbu(m): 8:51pm On Jan 22, 2016
To get person wey get that kind of money and property eehhhn. If not politician, who else! And probably efcc might begin to investigate that person as well.

But if you guys say physical cash will not be deposited, what if the surety use the money do business and he become bankrupt? Or if he is swindled of the money, or in the case of a property if the economy melt down and the value of the house drops to like 50% of the original value?

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