How does bail work in Nigeria?

Asked by: Ms. Vida Larson DVM  |  Last update: August 2, 2022
Score: 4.1/5 (69 votes)

Bail can be defined as the process whereby a person accused or being charged for the commission of an offence is released by the constituted authority who is detaining him, on the condition that he will appear or report to a police station or court or other identified location in future whenever his presence is ...

Is bail free in Nigeria?

This phrase “bail is free” with it's syndicate phrase “police is your friend” are the most unbelievable sentences in the history of the Nigeria police system. Fortunately, as paradoxical as it may sound; the phrase “bail is free” is right, accurate and true as bail is actually very free in Nigeria as of today.

What are the types of bail in Nigeria?

There are three types of bail namely: a) Police Bail b) Court Bail C) Government Agency Bail (a) Police Bail Section 17 (1) of the Administration of Criminal Justice Law of Lagos State 2011 provides thus: Section 17 of the Criminal Procedure Act, Cap.

What happens after bail is granted?

What is bail? If a defendant is granted bail it means they are allowed back into the public while they await trial or further police investigations, instead of being remanded in custody (ie, locked up). A person can be released on bail at any point from the moment they have been arrested.

How can I get bail in Nigeria?

A person seeking police bail can do so by writing an application requesting for bail. This can be done by the person or his counsel. The application letter should state those who will stand as sureties, or if he wishes to be released on self-recognizance. The police will review his application and may grant him bail.

How Does Bail Work And Is It Unfair To The Poor?

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How long can you be on bail for without being charged?

Bail can be either unconditional or conditional, the latter being that certain restrictions and conditions are put on defendants such as not being able to contact a complainant or go to a certain location. The initial bail period is 28 days but can be extended up to 3 months by a Superintendent.

Can you be bailed if not charged?

If you are released on bail or 'under investigation' it means that the police are not yet ready to make a charging decision on your case, but that the police investigation remains active and you are still a suspect.

Do you get bail money back if guilty?

In the event the suspect fails to return to court, the bail will be forfeited. It will only be returned if the suspect was able to comply with the required appearances. Regardless of whether the person is found guilty or not guilty, the bail money will be returned at the end of the trial.

What happens if bail is denied?

If the person released on bail fails to comply with the conditions in the bail bond as regards time and place of attendance, the court may refuse him to be released on bail when he appears on a subsequent occasion. The bond executed by him and his surety stand cancelled under Section 446-A of CrPC.

What are the conditions of bail?

What are the Conditions of Bail?
  • The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case.
  • The accused shall appear before the proper court whenever required by the court or by the Rules of Court.

On what grounds bail can be granted or refused?

Factors to be considered while granting bail: It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge;(iii) severity of the punishment in the ...

Why is someone granted bail?

The purpose of bail is to ensure that the individual either complies with certain conditions (for example, turning up at the next court date) or refrains from certain actions (such as contacting a witness in the case).

Is bail a right in Nigeria?

Bail is a conditional right guaranteed by section 35 of the 1999 Constitution of the Federal Republic of Nigeria. In general, an individual accused of a crime must be held in the custody of the court until his or her guilt or innocence is determined.

How is police bail different from court bail?

Also, POLICE BAIL is FREE, unfortunately unscrupulous officers still extort suspects and make them pay for 'bail' before they are released. Court bail, as the name implies, is granted by a court of law.

What are the 3 main grounds for refusing bail?

any financial loss the accused may suffer owing to the detention. any impediment to the preparation of the accused's defence or any delay in obtaining legal representation the detention might cause. the health of the accused. any other factor the court believes should be taken into account.

Which cases can bail be granted?

Under Section 436 of CrPC 1973, a person accused of a bailable offence at any time while under arrest without a warrant and at any stage of the proceedings has the right to be released on bail.

Who grants bail?

Court bail: set by the judge in the District Court. The prisoner (or his/her surety) must pay the court at least one-third of the amount of money promised in the bail bond. High Court bail: if the prisoner is charged with a very serious crime, only the High Court can grant bail.

What happens when you return to police station after bail?


This police bail will usually involve the imposition of bail conditions. If you fail to return to the Police Station on the bail date you will commit a criminal offence which can be punishable by imprisonment.

How do the police decide to charge?

The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.

How long can police hold your phone?

If the police do find evidence on your phone, they will likely keep it until the conclusion of any trial that may take place – this can take months or even years depending on the circumstances.

How many times can I be bailed?

There is no limit to the number of times a person can be bailed without charge. The police are under an obligation to conduct investigations “diligently and efficiently” – those two obligations are at odds with one another, which means that the new time limit on bail has caused the police some real problems.

Can bail conditions be dropped?

Where you do not agree with the conditions that have been set by the Magistrates' Court, it is possible to ask them to reconsider. If the Magistrates' Court has reconsidered and you are still not happy with your bail conditions, you can apply to the Crown Court to request that certain conditions are changed.

What happens at bail hearing?

The purpose is for the court to inquire into the likelihood of the defendant reappearing at his or her criminal trial. This hearing also sets the exact amount of the bail which will be required, if granted. Evidence may be presented by the defendant and the decision is ultimately made by the court.