CONCEPT OF BAIL
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CONCEPT OF BAIL
CONCEPT OF BAIL
The concept of bail in relation to the enforcement of fundamental rights in Nigeria has recently taken centre stage of debate among jurists and students alike. In a nutshell, bail is a guarantee for appearance in court from the start of proceedings through the conclusion of the case.
1 The decisive criteria in determining whether to grant or refuse bail appear to depend on the unique facts of each case, in relation to the suspect’s fundamental right. As a result, bail is not automatically granted.
Again, learned authors and jurists have stated that fundamental rights pre-exist existence itself, and so should not be violated except under extraordinary situations.
The preceding quandary will be resolved upon the completion of this piece and the recommendation made. However, this research, which delves deeper into the notion of bail and its enforcement in Nigeria, will be discussed in accordance with its chapterization, since it has been segmented to achieve a specific purpose as required by a certain chapter.
We want to analyse the historical evolution of the notion of bail, the effect of bail, and the cases where bail could be granted in the Magistrate and High Courts in Chapter One. The considerations to be considered in granting or denying bail are also to be investigated.
Under the category, literature review, we want to discuss the thoughts of many authors on this topic in chapter two.
In chapter three, we will look at bail and the enforcement of fundamental rights in Nigeria, with specific reference to arrest, detention, and bail under various legislation. The fourth chapter concludes this study and contains all of the relevant recommendations.
1.1 Statement Of The Problem
Over the years, most suspects who may not have committed any crime or whose relative was suspected of committing an infraction have found themselves imprisoned in police detention, sometimes on the basis of a holding charge. This confinement could last several years before the real trial (assuming one is held).
This dreadful scenario compelled the current researcher to conduct a thorough examination of the notion of bail in relation to the enforcement of fundamental human rights, with a special focus on Nigeria, in order to enlighten Nigerian citizens.
1.2 Objective Of The Study
This research aims to accomplish the following goals:
The necessity to honour every suspected criminal’s constitutional right to bail, barring exceptional circumstances.
The requirement to obey a court order when it comes to the enforcement of fundamental rights other than bail.
It aims to raise citizens’ understanding of their constitutionally granted rights.
This research also aims to expose the unconstitutional practise of holding a charge in order to detain a person.
1.3 Significance Of The Study
Following the completion of this study, it is anticipated that other scholars interested in additional research on the concept of bail and the enforcement of fundamental human rights would use this work as a reference material.
It will also assist in informing the individual of their right to bail as granted by the Nigerian Constitution.
This study will educate certain angry Nigeria Police officers who usually insist on collecting money as a “bail fee” before providing bail to a suspected criminal. It would also inform the general public about their other rights under the Nigerian Constitution.
1.4 Scope And Limitations Of The Study
The research looks at the concept of bail and the implementation of basic human rights in Nigeria. The researchers employ judicial authorities, statutory provisions, and text authors’ (jurists’) opinions to demonstrate how the notion of bail and the enforcement of fundamental rights could be enhanced.
The study is limited to Nigeria, while comparisons are made to other countries.
1.5 Research Methodology:
The researcher employs both descriptive and argumentative research methods in this study. Secondary sources of materials, such as textbooks, papers, journals, and internet resources, are also employed.
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