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Things You Must Know About Bail As A Nigerian - Politics - Nairaland

Nairaland ForumNairaland GeneralPoliticsThings You Must Know About Bail As A Nigerian (1365 Views)

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Things You Must Know About Bail As A Nigerian by adaweezy(op): 10:37am On Jan 04, 2016
1. Bail application is an application filed by an individual in detention seeking for liberty on valid legal grounds. It is served on the adverse party, prosecuting or detaining the applicant, who is expected to oppose it or concede to same.
However the court can refuse or grant bail, regardless of whether a counter affidavit is filed in opposition or not. Thus bail is discretionary and the court has the latitude to grant or refuse same. See generally,
Abacha vs State, Atiku vs State.
https://www.lawyard.ng/wp-content/uploads/2015/12/Nnamdi-Kanu-500x384.jpg
Nnamdi Kanu: The Radio Biafra Director has been the subject of the non adherence to his release by the DSS afte meeting his bail terms
2. There are several factors that influence the grant or refusal of bail. They include the health status of the accused(this is herculean, to get bail on this ground, you must show amongst others that the ailment cannot be treated at the prison facilities, that if you are allowed to remain behind bars, other inmates will contract it, there must be a medical certificate from an expert in that area of medicine backing this claim etc), the nature of offence charged (capital offences are not easily amenable to bail unlike non-capital offence), absence of an information or charge at the time of application, likelihood of interference with investigation and witnesses, likelihood of jumping bail etc.
3. Bail is granted on certain conditions. The conditions can be severe or mild. A notable feature of this process is the forfeiture of bail bond, arrest of surety and revocation of bail. If an applicant jumps bail, he forfeits his bail bond(that sum the court mentions as part of the condition for your bail), the surety would be arrested to make him provide you and upon your being arrested, your bail will be revoked(a bail can also be revoked on the happening of any of the factors that influence the court to grant or refuse bail like accused jumping bail, interferring with the prosecution witnesses, a serious likelihood of any of the factors)!
4. Bail terms can be varied either by making it severe or mild. An application can be brought(just like in asking the court to revoke a bail granted) to vary the conditions. This happens when either party feels the conditions for bail are too severe or mild.
5. If bail application is granted or refused, a party dissatisfied with the ruling can challenge same on appeal. Criminal appeals are giving priority and heard faster.
6. Granting of bail does not mean the applicant is innocent of the charges or that the charge will fail. Indeed, you can be coming from your house for trials and still be convicted. Conversely, a refusal, does not mean you are guilty. You can still attend court from prisons and still be acquitted!
7. Our Constitution is explicit that until a person is convicted, he is presumed innocent, you cannot treat his Fundamental and inalienable rights with disdain!
http://www.lawyard.ng/things-you-must-know-about-bail-as-a-nigerian/
Re: Things You Must Know About Bail As A Nigerian by mallamseifaldin(m): 10:39am On Jan 04, 2016
Let them free Dasuki...
Re: Things You Must Know About Bail As A Nigerian by adaweezy(op): 10:45am On Jan 04, 2016
If na Don Jazzy or Olamide now na expressway to Front page.
Let us enlighten Nigerians as to their rights.
Lalasticala how market?
Re: Things You Must Know About Bail As A Nigerian by OlujobaSamuel: 10:56am On Jan 04, 2016
can a person on bail be immune from further arrest as a result of different charge to that which the bail was granted?
I think this is the question that none of those claiming rule of law is yet to address, when this is addressed, we can then say if the executive is flouting court order or not.
Our thieves knows that they can get bail due to the nature of the crime(non capital offence) so also the prosecutors so the prosecutors(fg) is now think of a way within the law to get them(criminals)
Re: Things You Must Know About Bail As A Nigerian by adaweezy(op): 11:06am On Jan 04, 2016
[quote author=OlujobaSamuel post=41638543[b]]can a person on bail be immune from further arrest as a result of different charge to that which the bail was granted?[/b]
I think this is the question that none of those claiming rule of law is yet to address, when this is addressed, we can then say if the executive is flouting court order or not.
Our thieves knows that they can get bail due to the nature of the crime(non capital offence) so also the prosecutors so the prosecutors(fg) is now think of a way within the law to get them(criminals)[/quote]The answer is No
The problem is the Federal Government has not stated the New charge which Dasuki has been charged with.
Re: Things You Must Know About Bail As A Nigerian by OlujobaSamuel: 11:39am On Jan 04, 2016
adaweezy:
The answer is No
The problem is the Federal Government has not stated the New charge which Dasuki has been charged with.
the fg never announced the charge, media did.
the charge was brought disclosed in court, so till they appear in court, we all don't know the charge against them. Arrest leads to their appearance in court to disclose the charge to the public.
Re: Things You Must Know About Bail As A Nigerian by babyfaceafrica: 12:31pm On Jan 04, 2016
So dey should free kanu?
Re: Things You Must Know About Bail As A Nigerian by adaweezy(op): 7:59pm On Jan 07, 2016
babyfaceafrica:
So dey should free kanu?
didnt say that
Re: Things You Must Know About Bail As A Nigerian by Kelklein(m):
@op..thanx so much for this

really educative
Re: Things You Must Know About Bail As A Nigerian by vivalavida(m): 8:45pm On Jan 07, 2016
If an accused individual is given a bail,he fulfils the bail and comes to court as at when due, and he or she is either convicted or acquited,what happens to the bail bond?
Is it returned? Will the court forfeit it or will the take a percentage of it?

Haliru Mohammeds son was given a bail of #600000000. That is no small money oo
Re: Things You Must Know About Bail As A Nigerian by adaweezy(op): 10:33pm On Jan 07, 2016
vivalavida:
If an accused individual is given a bail,he fulfils the bail and comes to court as at when due, and he or she is either convicted or acquited,what happens to the bail bond?
Is it returned? Will the court forfeit it or will the take a percentage of it?

Haliru Mohammeds son was given a bail of #600000000. That is no small money oo
It is returned.....
Re: Things You Must Know About Bail As A Nigerian by vivalavida(m): 8:17am On Jan 08, 2016
adaweezy:
It is returned.....
Ok.
Thanks
1 Reply

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