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Bail in Nigeria
Is bail not free in Nigeria?
Is bail not free in Nigeria?
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Quote from
Usulor on September 17, 2021, 10:52:20 PM
A suspect detained in the custody of the Police or other law enforcement agency is entitled to be granted bail free of charge. In other words, bail is free.
However, the Police or other law enforcement agency has a right to stipulate the conditions which a person must meet in order to be granted bail. The most common of such conditions is the presentation of sureties. The suspect may also be required to surrender his or her passport as a condition to be granted bail.
A suspect detained in the custody of the Police or other law enforcement agency is entitled to be granted bail free of charge. In other words, bail is free.
However, the Police or other law enforcement agency has a right to stipulate the conditions which a person must meet in order to be granted bail. The most common of such conditions is the presentation of sureties. The suspect may also be required to surrender his or her passport as a condition to be granted bail.
Thank you for your insight on this.
Please is there a provision/citation (sections) in the Nigerian constitution or other legal instruments that addresses this?
In addition, have there been a legal challenge on this in the court of law on the possible ambiguity of bail in Nigeria especially on it being free?
Thank you for your insight on this.
Please is there a provision/citation (sections) in the Nigerian constitution or other legal instruments that addresses this?
In addition, have there been a legal challenge on this in the court of law on the possible ambiguity of bail in Nigeria especially on it being free?
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Quote from
Usulor on September 18, 2021, 10:13:17 PM
You are welcome.
Yes, there are provisions of the Constitution on the granting of bail. Section 35 (4) of the Constitution provides that if a person is detained and not released or tried within a specified period, he or she must be released on bail either unconditionally or on certain conditions.
In addition, Sections 30 and 31 of the Administration of Criminal Justice Act 2015 and Section 62 (2) of the Police Act 2020 entitle a detained suspect to release on bail, subject to certain conditions including the presentation of sureties or deposit of money. It is important to note that the money, if deposited, is not a payment for the bail but to ensure that the suspect does not jump bail.
There is no challenge to the right to bail in Nigeria. The courts have in several cases held that bail is the right of suspects especially those arrested for capital offences.
You are welcome.
Yes, there are provisions of the Constitution on the granting of bail. Section 35 (4) of the Constitution provides that if a person is detained and not released or tried within a specified period, he or she must be released on bail either unconditionally or on certain conditions.
In addition, Sections 30 and 31 of the Administration of Criminal Justice Act 2015 and Section 62 (2) of the Police Act 2020 entitle a detained suspect to release on bail, subject to certain conditions including the presentation of sureties or deposit of money. It is important to note that the money, if deposited, is not a payment for the bail but to ensure that the suspect does not jump bail.
There is no challenge to the right to bail in Nigeria. The courts have in several cases held that bail is the right of suspects especially those arrested for capital offences.
Thank you Ebuka.
Public notice: please send in your comments, questions or observations you might have in this regard. Thank you.
Thank you Ebuka.
Public notice: please send in your comments, questions or observations you might have in this regard. Thank you.
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