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APPLICATION TO FORFEIT BAIL BOND MUST BE PROVED

Dictum

✓ 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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APPLICATION FOR FORFEITURE OF BAIL BOND BROUGHT AFTER JUDGEMENT IS UNKNOWN TO LAW

Further, by the combined effect of Sections 119, 120, 122, 127, 128, 137, 141 and 143 of the Criminal Procedure Act, forfeiture of bail bond is contemplated during criminal trial and not after the discharge and acquittal of the accused person as in the instant case. Once judgment is delivered, resulting in conviction or discharge...

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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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FACTORS TAKEN INTO CONSIDERATION FOR BAIL

The learned trial Judge listed out a number of factors or criteria that may be taken into consideration by a Judge in granting or refusing bail pending trial. These include (1) the evidence available against the accused; (2) availability of the accused to stand trial; (3) the nature and gravity of the offence; (4) the...

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IN OUR COUNTRY, COURTS SHOULD BE CAUTIOUS IN REMANDING ACCUSED

In a country such as ours where there is so much inter-ethnic animosity and hatred, the court ought to be cautious in remanding accused persons in custody unless there is some substantial evidence in support of allegations of crime against them because it is so easy for an enemy to make a false allegation of...

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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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