Bail under Nigerian Law

Vocabulary flashcards covering the key terms, constitutional guarantees, and statutory provisions regulating administrative bail and court bail in Nigeria.

Bail

The temporary release from custody of a person who has been arrested or detained for an offence, upon the fulfilment of certain conditions.

Section 158 of the Administration of Criminal Justice Act, 2015

Provides that when a person suspected, accused, arrested, or detained for an offence appears or is brought before a court, he shall be entitled to bail.

Section 35 of the Constitution of the Federal Republic of Nigeria, 1999

States that every person shall be entitled to his personal liberty and no person shall be deprived of such liberty except as permitted by law.

Administrative Bail

Bail granted by law enforcement agencies, particularly the Nigerian Police Force, before a suspect is formally charged to court.

Surety

An individual expected to enter into a recognizance, undertaking to ensure that the suspect appears at the police station or designated place at specified times.

Section 31(1) of the Administration of Criminal Justice Act (ACJA), 2015

Stipulates that where an investigation cannot be completed immediately, a police officer may release a suspect upon entering into a recognizance, with or without sureties, for a reasonable sum.

Section 63 of the Police Act, 2020

Empowers the police to grant bail where an investigation cannot be concluded promptly.

Section 64 of the Police Act, 2020

Provides that in non-capital offences, if a suspect is not released on bail within 24 hours, the person has the right to apply to court for the enforcement of his release.

Section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999

Establishes the presumption of innocence.

Section 35(4) of the Constitution of the Federal Republic of Nigeria, 1999

Guarantees the right to personal liberty.

Court Bail

The temporary release of a defendant from custody after arraignment, pending trial or appeal.

Bail Pending Trial and Bail Pending Appeal

The two main situations in which court bail may arise.