Where a suspect is
arrested in connection with an offence and the suspect is detained in police
custody, there will be a need to apply for police bail pending when
investigation will be completed and the suspect taken to court.
The purpose of police bail is to give the suspect temporary freedom to
attend to his case at the police station as the suspect is entitled to personal
liberty and presumed innocent until adjudged guilty by a court of competent
jurisdiction and also to allow the suspect consult a lawyer or the Legal Aid
Council for his defence in court.
Please note that the
police cannot grant bail to a suspect arrested in connection with an offence
punishable with death (that is a capital offence). Such a person can be
detained beyond 48 hours at a police station. The procedure is to apply to the
court for the bail of such a person.
Bail is the procedure of
releasing a person arrested or detained in connection with a crime upon
providing security for his appearance on a day and place as may be determined
by the person or authority effecting the release. The suspect, his counsel or
his surety usually make the application in writing.
There is no statutory
provision for the procedure for bail
at the police station. A written or oral application for bail will suffice. A
written application may be forwarded to the Divisional Police Officer or the
Divisional Crime Officer or the Station Officer where the suspect is being
held. The police officer may request for a surety, passport photograph or other
documents from the surety for the suspect to be released on bail. The
Divisional Police Officer or any officer in charge is not expected to demand or
receive any money before releasing the suspect on bail. Bail at the police
station is free.
Again, bail may be granted
upon an application by the suspect or his counsel. Application by counsel is
made on the letter head of chambers. The application is addressed to the Divisional
Police Officer, Commissioner of Police, Assistant Inspector General of Police, or
Inspector General of Police, as the case may be. At the state level, the
application may also be addressed to the ACP (Assistant Commissioner of Police)
in charge of CID (Criminal Investigation Department) if the Commissioner of Police
permits it.
Upon arraignment of a
suspect in court by the police, the bail earlier granted by the police
terminates as there will be need by counsel to the accused person to apply to
the court for bail pending trial.
© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.
© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.