KNOW YOUR RIGHTS: Factors To Consider For Grant Of Bail in Nigeria
Though the right to bail is a constitutional and statutory
entitlement, in reality, the granting authorities in most cases,
exercise discretionary powers in granting bail to suspects/accused
persons/defendant. The power to use discretion is generally recognized
by the Administration of Criminal Justice Act 2015.See Section 165
In exercising the discretion to either grant or refuse bail, recourse is
made to some factors/considerations. From case-law authorities, the
common factors to be considered before bail is granted are generally
(a) The nature and gravity of the offence;
(b) The character of the evidence
(c) The severity of the punishment;
(d) The criminal record or antecedents of the accused person;
(e) The likelihood of the repetition of the offence by the accused person while on bail.
(f) Likelihood of further charge being brought against the accused person;
(g) A probability of guilt of the accused person;
Evidence that if the accused person is granted bail the prosecution
witnesses will be in deferred with or prevented from appearing to
(i) Detention for the protection of the accused person.
the cases of ABACHA V. STATE (2002) 5 NWLR (pt. 761) 638; OBASEKI V.
POLICE (1959) NMLR 149; DAN BABA V. POLICE (1958) NMLR 3; BAMAYI V.
STATE (2001) 2 NWLR (pt.698) 435; and ALATA V. STATE (2007) 16 NWLR (Pt.
1061) 483 at 517 -518.”Per ADAMU, J.C.A.(Pp. 19-21, paras. D-A
is important to note that the above factors are not exhaustive and need
not coexist and the Court can rely on one or more of them in the
exercise of its discretion judiciously or judicially to grant or refuse
an application for bail.
Upon the grant of
bail, the court or granting authority would in most cases stipulate the
conditions that are to be fulfilled/perfected before it takes effect.
These conditions generally relate to the production of sureties and the
requirements the sureties are to meet to be able to stand as sureties.
Then, there is the procedural requirement of surety recommendation,
filling of the bail bond, verification of address of suspect and
sureties and production of evidence of tax payment