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APPLICATION TO FORFEIT BAIL BOND MUST BE PROVED

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✓ In Ahmadu Tea v. Commissioner of Police (1963) NWLR 77 the appellant was a surety person in a magistrate’s Court. The accused did not attend to stand trial. The recognizance was forfeited and the magistrate there upon ordered the surety to pay a penalty or be imprisoned for six months, On appeal, the appellate Court held inter alia that before a bail bond is forfeited by the trial Court; the bail bond and the facts causing the forfeiture must be proved. The surety must also be given a fair hearing.

✓ In Lamidi Abudu in Re A. K. Kotun v. Inspector General of Police (1961) LLR 83 the accused person absconded and the Court forfeited the bail bond without hearing the appellant who was the surety. On appeal, it was held that forfeiture of the bail bond without hearing the surety was premature and the ground for forfeiture was not proved.

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MATTERS TO BE CONSIDERED BEFORE BAIL IS GRANTED NEED NOT BE NECESSARILY ADMISSIBLE DURING TRIAL

There are paragraphs 10, 11, 18, 19 and 20 which also tend to implicate the appellant as to the procurement of weapons used for committing some of the crimes, the foreboding in the sudden killing in suspicious circumstances of the armourer who was a vital witness, and how proposed witnesses are now afraid of their...

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AN ACCUSED PERSON PRESUMED GUILTY SHOULD NOT BE UNNECESSARILY REMANDED IN CUSTODY

An accused person is not in jurisprudence a person presumed guilty but is given the benefit of being innocent until the contrary is proved. This pre-supposes that he is not to be bounded or be punished or remanded in custody for an unnecessarily long time without a reasonable cause to defeat the course of justice....

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WHEN APPELLATE COURT WILL NOT INTERFERE WITH TRIAL COURT’S DISCRETION NOT TO GRANT BAIL

By the judicial interpretation of the provisions of Sections 340 and 341 of the Criminal Procedure Code, it appears settled law that the power to grant or not to grant bail is entirely at the discretion of the Judge, and when a judge is considering whether to release an applicant to bail pending trial, the...

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PRINCIPLE BEHIND THE GRANT OF BAIL

What is the principle governing the grant of bail. What it might be asked is the accused’s right of bail. It is to be stated that in virtually all civilised countries where the rule of law reigns supreme, the procedural law does not rest upon any priori sentimentality about the criminal act. Indeed the great...

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MURDER AND BAIL; IT MAY NOT BE PROPER TO KEEP ACCUSED IN CUSTODY JUST BECAUSE MURDER IS ALLEGED AGAINST HIM

In the case of Christian Diogu v. The Commissioner of Police (2000) 1 K.L.R. (Pt. 94) 195 the appellant was charged for conspiracy and murder before the Chief Magistrate’s Court, Onitsha. The Chief Magistrate remanded the appellant in custody. He applied to the High Court for a bail. The High Court dismissed his application on...

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APPLICANT FOR FORFEITURE OF BAIL BOND MUST DO SO TIMEOUSLY

It is a settled principle of law and in a community reading of the provisions of Sections 137, 141 and 143 of the Criminal Procedure Act (CPA), that when an accused person/defendant is granted bail and he jumps it, the trial Court may, upon noticing such a breach by the accused/defendant may: i. revoke the...

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