Procedure for getting bail in Nigeria

Getting bail in Nigeria isn’t as difficult as it appears to many people. While it is true that some police officers monetise the bail process, there are laid Down procedures on how to get bail in Nigeria. A person seeking police bail can do so by writing an application requesting for bail. This can be done by the person or his counsel. The application letter should state those who will stand as sureties or if he wishes to be released on self-recognizance. The police will review his application and may grant him bail.

And to apply for bail in court, the defendant’s counsel can make an oral or written application upon arraignment before the court based on the provisions of  Section 32(3) of the Administration of Criminal Justice Act 2015 which states that an application for bail may be made orally or in writing.

The court will stipulate certain conditions or terms of bail before the suspect’s release can be successful.

Can bail be denied? Yes. But there are further lawful remedies to bail denial. When you apply for bail and it is denied by a court, you can appeal against such decision in a higher court. This can happen if you make a bail application in the Federal High Court and it is denied, you can then appeal to the Court of Appeal and if it is successful, the appellate court will set aside the decision of the lower court and your bail will be granted.

Bu if bail is denied on appeal, the person has to stay in detention, which must still be lawful and meet the requirements explored in the sections on detention.

There are certain factors that the court will consider in deciding to grant or refuse a bail application; if there is a case of bail pending trial, the court determines whether bail will be granted or denied after due consideration of the evidence available against the defendant by the court.

The court will also consider if there is any evidence that the suspect might likely disobey orders to appear in court, the bail application may be refused.

The court will further consider the nature and gravity of the offence; if the allegation is grievous and attracts severe punishment under law, the application may be refused.

Probability of the accused committing another offence while on bail is another condition the court will consider in addition to probability of the accused interfering with the course of justice.

Also, the criminal record of the accused person may greatly affect the court’s discretion in granting or refusing bail and  if there is a probability that the accused may be harmed in any way if released pending the determination of his case, the court may withhold bail.

Also, bail be suspended or revoked if an accused person jumps bail or violates one or more conditions of the bail term.

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