Against the backdrop of law enforcement agents and agencies detaining people at will even against orders of court, Hon. Justice Usman Bwala in this piece gives an insight into all you need to know about bail.

A person who is imprisoned or detained has a right to early trial or be released on bail James Danbaba vs The State 2000 14 NWLR (Pt 687) 396 at 409. Where there is a delayed investigation or trial a person can apply for bail pending the conclusion of investigation or trial. Bail, therefore, is applicable in three stages

•  bail before trial
•  bail during trial and
•  bail after conviction

We shall start with bail before trial. What is bail? Bail is a common word in every society, however, its meaning and applicability may not be known or understood by all. Bail is a legal word which has its origin from the French word “brailler” meaning “to deliver” The Nigerian Law Dictionary by S.1 Nichi 71. Bail simply means to set at liberty somebody who has been arrested or imprisoned Emeka Ekwenugo vs F.A.G 2001 6 NWLR (Pt 708) 17 where it was held as follows:  “It literally means to set at liberty a person arrested or     imprisoned on security being taken for his appearance on a day and a day certain.”

          Bail is applicable to both criminal and civil matters. Bail in civil matters is used mainly to secure directly or indirectly payment of debt or performance of civil duties Johnson vs Shaffer 28 N.E. 2d 765. Bail is applicable to both common law and statutes. At common law all felons are bailable In Re Nottingham Corporation 1897 2 Q.B. 502. At common law all courts have inherent jurisdiction to grant bail R vs Spilsbury 1898 2 Q.B. 615 where it was held as follows:  “…court has independently of statute by common law,           jurisdiction to admit to bail.”

          The function of bail in criminal matters is to release a person detained or arrested to regain his freedom by way of bail with or without condition to enable him appear in court on a day certain Johnson vs Shaffer supra held as follows:     “…while in criminal cases object is to secure appearance of a person before the court when his presence is needed.”

          Bail is not only granted to a natural person, bail can be granted to a sea or ocean going vessels, ships, boats etc, that is, admiralty proceedings. A ship seized may be granted bail, based on two principles of law. These principles of law are best arguable case and the value of the ship Delta Steel Co vs Aditya Prablia 1987 – 90 3 NSC 602.

          A person who has not been tried and convicted by a court is presumed to be innocent until proved guilty S.36 (5) of the 1999 Constitution as amended. This presumption of innocence of an accused person is preserved and reinforced by granting an accused person bail pending and during trial Stacks vs Boyle 342  U.S 1951 where it was held as follows:  “Unless this right to bail before trial is preserved, the presumption     of innocence secured only after centuries of struggle would loose its meaning.”

The constitutionality if bail is recognised and contained in the common law, all constitutions ever operated in Nigeria and the CPA Sections 118 – 142 and CPC Sections 340 – 355 reinforced by decisions of courts interpreting the constitutional provisions of bail see S 36 (5) of the 1999 Constitution, Chief Pius Anaekwe vs COP 1996 3 NWLR (Pt 436) 320. Section 6 of the African Charter on Human and Peoples Rights have given all those living in Africa the freedom of bail.

Bail is applicable only when the freedom of movement guaranteed to an individual has been restricted or restrained Jahar Mal vs The State 1954 A.I.R (Raj) 279 where it was held as follows:  “The conclusion, therefore, at which we arrived, is that there must be some kind of restraint to him before a person who appears before court, is granted bail by court.”

Anticipatory bail is not granted in most states in the world. However, India practices what may be termed as anticipatory bail Amir Chand vs The Crown 1950 A.I.R. (E.P.) 58 where it was held as follows: “In the case of a person who is not under arrest but whose arrest warrant have been issued, bail can be allowed if he appears in court and surrenders himself.”  

Anticipatory bail is not granted in serious cases or to a person being investigated for serious offences Samunder Singh 1987 A.I.R. (S.C.) 737.

Anticipatory bail is like enforcement of fundamental rights guaranteed under S. 46 (1) of the Constitution, one need not wait unless he is apprehended, a person who reasonably fears his fundamental right is eminently about to be violated can stop it by applying S.46(1) of the Constitution supra.

In the language of bail the phrases “admitted to bail” and “granted or released on bail” is frequently interchangeably used, it has been held in Juhal Mal. Vs The State supra to mean the same thing as follows:  “The basic idea in both these sections is the release of a person concerned on bail, and the use of different expressions namely “released on bail” in one and “admitted on bail” in the other does not, in our opinion make any difference to the meaning, and both sections are meant for the release of a person on bail.”

To grant or not grant bail by court is discretionary R vs Abdullahi Jamal 16 NLR 54 as follows: “The position is therefore clear that I have a clear discretion as to granting bail.”

Though, granting bail is discretionary of a court the discretion must be exercised according to the rules of reason and justice and not according to private opinion Sharpe vs Wakefield 1891 A.C. 173. Discretion is exercised according to common sense and justice Gardner vs Jay 1885 29 Ch. D. 58. A discretion in law must be exercised judicially and in accordance with established principles Adamu Muri vs 1GP 1957 NNLR 5, it must be exercised judicially and judiciously Dana Impex vs Stephen Aderotoye 2006 All FWLR (Pt 308) 1388.

          The purpose of granting bail is for a person detained to regain his freedom, bail conditions must therefore not be excessive or unreasonable to enable an accused person fulfil the conditions and regain his freedom Mathias Onuigbo vs COP 1975 NNLR 34 held as follows:  “…bail must not be excessive. Excessive bail might amount to no bail at all because the accused person may not be able to comply with the term.”

See also El-Alim Mirghani vs Sudan Gov’t 1960 S.L.J.R 68. Where excessive bail conditions are granted it can be reviewed by courts SS 334, 125 CPC and CPA respectively, Mathias Onuigbo vs C.O.P supra.

There are 2 types of bail  Mathias Onuigbo vs C.O.P supra as follows: “Bail is mainly of 2 types: (1) Self recognisance by which the accused person is merely asked to enter into bond of certain sum of money which may be estregated in full in case he fails to turn up on a given date;  (1) Bond with surety or sureties by which he is asked to enter a bond of a fixed sum of money and the surety the same bond by which they bind themselves to forfeit a fixed sum of money in case of default of appearance by the accused person.”

Failure to fulfil bail bond terms can lead to forfeiting the bond, cancellation of the bail and re-arrested of the accused person Ss. 348 and 121 CPC and CPA respectively. A court can order deposition of money in a court as a fulfilment of bail terms Mathias Onuagbo vs C.O.P supra.

          There are procedures for forfeiting bail bond and the procedures must be meticulously followed Aiyegoboyin vs A.G. Oyo 1982 1 NCR 295. The conditions are a court must be satisfied bond was been forfeited, grounds for the forfeiture of the bond and it is discretionary of a court to order forfeiture S. 354 CPC, R vs Southampton Justices 1975 2 All E.L.R. 1075, El Alim vs Sudan Gov’t 1960 S.L.J.R.68. A bail bond must be in writing COP vs John 1981  1 NCR 139; R vs Mc Gary 1945 30 Cr. Ap. R 187.

          Bail before trial is sometimes referred to pre-trial bail and a person who has not been tried and convicted by a court is prima facie entitled to be granted bail unless there are mitigating circumstances Ani vs The State 2002 1 NWLR (Pt 747) 217. Courts have inherent power to grant bail to a person before his committal for trial continues unless it is expressly taken away R vs Augustino 1950 WWR 1075. Bail will be refused an applicant when prosecution witnesses are afraid to testify in the case Bamaiyi vs The State 2001 2 NWLR (Pt 698) 435. An applicant awaiting trial who is refused bail pending trial should be brought to court within a two months period stipulated in S. 35(4) constitution Bamaiyi vs The State supra. There are many factors considered before a court grants bail pending trial Shafiu vs The State 2002 4 NWLR (Pt 757) 265.

          When a suspect will not appear in court to face trial, commit other crimes or has record of previous convictions bail will be denied Girdhar vs R 1960 E.A. 320. When a suspect interfere with investigation bail will be denied James Danbaba vs The State 2000 14 NWLR (Pt 687) 396. The fact that a suspect has grievous charges against him is not a ground to refuse him bail James Danbaba vs The State supra.

          A suspect who has not been tried and convicted by court should be granted bail as a matter of course Emeka Ani vs The State 2001 FWLR (Pt 81) 1715. Bail will be refused to an applicant who admitted committing a crime or investigation of his case was still going on Suleman Adamu vs C.O.P 2006 All FWLR (Pt 298) 1348.

          Prisoners charged with high offences will not be granted bail Re Nottingham Corporation 1897 2 Q.B. 502.  Capital offences are not bailable unless there are compelling and constraining circumstances COP vs Dr Iruoma 1977 1MSLR 80. Inordinate delay in prosecuting a case is a ground to grant bail pending trial COP vs Dr Iruoma supra. An applicant who has history of past convictions and committing other offences while on bail will have his bail revoked H.M. Postmaster vs Whitehouse 1951 35 Cr. A.P.R 8.

          When a prosecutor asks for adjournment on the ground that the facts are insufficient to proceed against an accused person means there is no case against a suspect he is entitled to bail COP vs Dr Iruoma supra. When an applicant for bail pending hearing interferes with the course of justice bail will be denied A. G. vs Duffy 1942 I.R. 529. It is the duty of the prosecution who opposed bail to provide prima facie evidence that the case against an accused person will succeed The State vs Lambert Onwu 1978 IMSLR 154.

          Whatever stage application for bail is made the health of an applicant is a weighty matter to be considered Chief Olabode vs FRN 2010 5 NWLR (Pt 1187) 254.

Bail will not be granted to an applicant who has other cases pending against him Michael Patrick Philips 1948 32 Cr APR 47. Bail must not be refused for personal vendetta, capricious reasons or to force an accused person to plead guilty Ugwumba Elisha vs C.O.P 1974  4 E.C. S.L.R 362.  Difficulties encountered by an applicant is not a ground for granting bail but is a ground to adopt liberal approach Raghbir Lambon vs R 1933 E.A. 337.

          Sections 27 and 332 of the Nigeria Police Act allows police officers to release on bail those arrested for minor offences. Under S. 332 (vii) of the Police Act the second in command in a police station can release on bail a suspect arrested without warrant. Why it is the second in command who grants a bail in a police station and not the head or any other person is not clear. When police officer releases on bail a suspect on conditions and the suspect fails to satisfy those conditions the suspect is no longer illegally detained Eda vs COP 1980 1 NCR 14.

          Political motivation is not a ground to warrant an applicant get bail Aiyegboyin vs A.G. 1982 1 NCR 295. There is nothing in Nigerian law known as “holding charge” a major reason for keeping suspects in custody pending being charged to court Chief Pat Ewere vs COP 1993 6 NWLR (Pt 299) 333.

Hon. Justice Usman Bukar Bwala retired from the High Court of Justice Maiduguri

By Liborious

A vision without a corresponding mission will end up as a mere delusion. Welcome to vision 2020. Years ago, we set national goal and we named it vision 2020 to be among the first most developed nations on earth by the year 2020.

The discerning knew then we were up to our usual jokes. Those were the words of my Senior and mentor, Jide Ogunyi.  But how do we expect to attain such a height, when there’s no legal framework to deal with negligence in our professional endeavors like, medicine, law, building engineering and even the government, apart from, leave am for God?!.

How can we achieve a vision for the Nigerian education, when it is not good enough to educate the custodian of the same educational system? When they would rather send their kids abroad. How can one translate a vision of making a country, a medical hub, when a world class hospital built by a former governor wasn’t found good enough to treat the same former governor’s minor bruises sustained in a motor accident?

How can a nation, whose pastors are the richest in the world with a congregation of the poorest people on earth achieve greatness by mere vision without corresponding effort and mission?

We must be joking. Our manufacturing companies are being bought over by churches and would rather build a 13km auditorium than build a 10 km expressway or a 5km juice making factory, despite the abundance of natural fruits. Let someone shout hallelujah!

Who do you want to achieve such a huge feat, when the worst of us are the ones ruling over the affairs of the best of us? Which country can achieve greatness when its government officials would rather invest in properties in Dubai than set up businesses that would create employment opportunities for the teeming youths?

Dubai had a similar vision 40years ago. They created a mission to actualize same, and today, they are one of the most visited countries on earth with 50 million visitors annually, including our politicians who go there to hold meetings, spending an average of $5000 per visit.

We mouth farming as if that’s all there’s to development. Until we realize that farming without value added, like transportation, storage and processing is poverty, if we like, let us close our borders for a 100 years, we will wake up one day find out that the world has moved on without us.

We celebrate a governor for tarring roads four times the cost price as though he spent his personal money and yet, we expect the realization of a vision.

A politician will rig an election or a close friend is given an appointment, and we troop out to churches and mosques to do thanksgiving, yet we expect them not to steal. A custom officer at our airport border control gateway into the country turns his duty post to a begging post, “oga wetin you bring come for us? Oga, your boys are here” without sanctions, yet we want the world to take us seriously.

Hear Jide again: “Since then the aimless sightedness, will continue to grope. It is clear we are not as serious as we often boasts. When the vision was set two wasted decades ago, year 2020 was a faraway landing post. Now the year is here, but we are in a deeper hole than the one in which we were many years ago.

Hurry, let’s set another vision based on divine hope, with no work, we’ll still reach our destined Eldorado. We need not plan or think to set new goals, after all, our rich land still spills the inexhaustible black gold.

My advocacy today is, until government and every one of us today in position of authority show selfless leadership by example, even if we set visions for eternity, without a corresponding mission, it will still end up a vision of delusional grandeur.

By Frank Tietie

One of my tragic realisations is that there are very few people who have your interest in this world. You really hardly have real friends because people really care only about themselves. Therefore, I have tagged many people in my life as USER-FRIENDLY friends who only use you.

Such tactical friends are in your life for your possible usefulness to them one day. They really don’t care about you. Not that you are indispensable because they ‘ll turn to another the moment you are no longer around or relevant.

The reason why many are tempted to make themselves relevant is to avoid the loneliness and the deprivation of social intercourse. It is a mental health issue.

A greater tragedy that I have come to realise is that the larger majority of self acclaimed followers of the Lord, Jesus Christ, appear to be the biggest culprit of self interest. I mean plain selfishness. They have transferred the USER-FRIENDLY mentality into matters of faith.

So Jesus Christ is now meant to be used they way they use people. It is not He using them but they using Him. So it goes like this: “You need anything? Turn to Jesus”. You want to be president? You want to make money? You want a wife? You want a child? You want promotion? Whatever you wants, masked in needs, Jesus will provide. That has been the popular neo- christian message. After all, Jesus Christ, the Lord is quoted to have promised He will supply every need according to His riches in glory.

Meanwhile, who really cares whether the Lord Himself needs anything? I thought even if He didn’t need anything, He does need, more than anything, for the name of His Father (and our Father) to be hallowed, magnified and glorified on earth. He also wants the Kingdom (Government, and God’s way of doing things) done on earth; and equally, importantly, the will of God to be done here on earth as it is in heaven. Does anyone really care how much He needs these to be done? That is the crux of the prayer He taught us.

In the once very prosperous Western worlds of America and Europe, not much fervour has been put into the pursuit of the Saviour for things they already have. People over there have been mostly saved and become the followers of Jesus Christ when touched by the power of His love and the working of His eternal Spirit in the heart and mind of a man.

Now, have we forgotten the message that the Lord’s death as an example of no greater love is to cause us to share His love and life?

Our encounter with the power of His love is to share His blessings and not make a career of amassing transient wealth which takes much of our time and attention?

Jesus’ power has been purveyed to be used to achieve anything. We now have a Christianity that exists only to meet fleshly needs.

Jesus Christ has been marketed as the meeter of all needs hence, the masses have thronged to congregations drawn more out of intimidating assertions of digital prelates who, rather than draw the people to the Saviour’s love, they promote themselves as so highly anointed and thereby draw the people to themselves. They are building kingdoms and empires for themselves rather than for Jesus Christ.

I sometimes see most of these preachers atimes as ‘jazzmen’. They talk and act like magicians by their claims, some of which are factual anyway, yet with skewed motives and wrongful appropriations.

They have wrongly defined successful Christianity by a measurement of how much a believer has used Jesus to acquire material things and not how much he or she looks like Jesus. In fact, dare to look too much like Jesus these days and you might be mocked by the Church till you crave obscurity.

Would Jesus still be needed if all our perceived needs are met? I have recently come to see the poverty of mainstream Christianity. Its empty boasts and a parade of unregenerated lives which have little or no impact in today’s crazy world.

There is no much difference in the style, manner, means and motivation between how adherents of mainstream Christianity pursue material things with how the rest of the world does.

Therefore, like the apocalyptic Laodicean Church, many of today’s churches are poor. I mean those churches that have plenty of money without commensurate good works to all persons whether or not they share the faith in Jesus Christ.

In fact, much of the modern church is very bankrupt on account of biblical standards. The lack of good works which naturally flow from the Saviour’s love is evident that a revival is sorely needed.

One of the biblical principles of good works is that since the Father God gives rain and sunshine to be enjoyed by good and bad people so should Christians do good to all men without distinction, with some preference for believers. That is the principle that caused early missionaries in Nigeria to build hospitals and schools with scholarships even in places, predominantly occupied by non-believers in Jesus Christ. They only hoped their love and faith would become contagious by their good works. They didn’t discriminate.

When modern Christians fail to do good works, it seems they no longer believe in the faith principle of storing treasures in heaven.

Modern churches spend much of their resources in preaching material success and not really to broadcast the power of God’s love to save the soul.

One area one can see so clearly how bereft the modern churches have become is how much the majority of Christians now fear death. They are more afraid of leaving the earth that they have come to so love by over-indulgence. They prefer the earth to meeting with their beloved Saviour in heaven’s sublime. They easily forget the words used to describe saints who made it to Heaven.

A voice in Heaven said concerning the saints: “They have conquered (him) Satan by the blood of the Lamb and by the word of their testimony. And they did not love their lives so as to shy away from death”.

Secretly, most materially successful christians really don’t like the heaven idea because they don’t know what is up there awaiting. Heavenly life has not been much of modern Christian theology. Heaven has been presented by the way, as a place where the soul of a Christian will go to by Jesus’s insurance, on account of accident or unavoidable death.

Heaven is secretly considered by many Christians to be a boring idea.

Majority of modern day Christians are a very weak and fearful people who are full of compromise in order to maintain a puny status quo. They cringe at the enormity of the demands of living out the will of God with a declared public faith in Jesus Christ of Nazareth.

Modern Christians have become like everyone else. No more marked distinctions even in ethical matters. Thus, traditional Africans have even become more vociferous against ills, than the church has been.

When Christians lie and compromise it is considered as wisdom, sometimes sacrilegiously attributed to the Holy Spirit. They have forgotten the import of the injunctions to be light of the world and Christ ambassadors.

Abuse the interests of the Lord Jesus Christ and the Christians might be quiet but touch a material interest of the church and the real stuff would be made manifest. Anger and viciousness even against and among Christians will set in from nowhere.

This modern twisted Christian worldview is not without repercussions. It has opened all of us to deceptions. We now even deceive ourselves. Shall we continue in this manner of self-deception?

Well, it looks like the signs of the end, one might say, but do we as Christians still believe as part of our creed that the world will come to an end? That sounds too old-fashioned now.

Therefore, Father, Lord have mercy on us and by Your grace in Christ, lead us in the pathways that You have laid for each of us. Save us from ourselves. May we fulfil the reason and purpose for which You have created each and everyone of us.

May we look to your grace to help us do Your Will. I ask that you bless our country and its leaders. Give peace, love, protection and prosperity to all the people of Nigeria whether or not they believe in You. For Christians and non-Christians, manifest Your goodness to them all. I pray with all that I am in the name of Jesus Christ, by Whose shed blood we are forgiven and restored. Amen.Thank You Father.

▪Tietie, a lawyer & human rights defender, writes from Abuja

PS
Frank first published this writing in September, 2013. This revised edition of the article is published in honour of all Christian martyrs in North Eastern Nigeria, particularly in honour of the Reverend Lawan Andimi, the Christian Association of Nigeria (CAN) Chairman of Adamawa State who was recently beheaded by Boko Haram terrorists. It is by the blood of such martyrs that revival and victory will emerge for they overcame evil and the devil by the blood of the lamb and they loved not their lives unto death. The memory of all Christian martyrs will forever remain blessed.

Official Press Statement on the Police brutality at WACOL office, Enugu

By Joy Ngozi Ezeilo

On Monday the 27th day of January 2020, one Miss (Name withheld) a 21 year old lady made a distress call to Women Aid Collective (WACOL)’s office in Enugu, Enugu State that she was raped that evening by one Mr. Uchenna James Emenike, a 22 year old man at Corridor Layout Maryland Enugu.

Our legal team considered her report and thought it wise that rape was such a serious criminal matter that should require Police intervention and investigation. To that effect, one of the lawyers in our office, Ibangah Goodness Esq. took the victim to Area Command Enugu, Enugu State with a petition informing the Police of the development and requested that the matter be investigated.

She handed the victim over to them and was also present when they obtained a statement from her. At that point, it was reasonably expected that the Police had formally taken over investigation of this matter from us.

The Police later called Ibangah Goodness Esq. requesting that she provides the victim to them as the parents of the suspect had plans of settling the issue with the victim and her family. She told them that she had handed over the matter to them and therefore they should source the victim by themselves with the contact details she provided in her statement with them.

Rather, the Area commander and some other officers at the station kept calling Ibangah Goodness Esq and trying to intimidate her and coerce her to provide the victim for settlement with the boys parent. To our utmost dismay, Yesterday, 30th January, 2020 four Police officers from Area Command Enugu, Enugu stormed our office and still requested that our office should provide the victim for them.

The legal unit repeated to them that they had already handed over the matter to them and that they should look for the victim themselves using the contact details she provided in her statement at their office and still in their presence tried to contact the victim who said that she was on her way to the station.

These officers failed to listen but instead began entering all the rooms in the office building and when they saw Ibangah Goodness Esq. who happened to be in a meeting. They mercilessly beat up Ibangah Goodness Esq. to a state of near unconsciousness. They extended the beating to Miss Nneka Okwor, another member of our staff when she made to plead with them to stop beating Goodness.

These police Officers took the phone of Ibangah Goodness Esq. and confisticated the phone of anyone who dared to take pictures, record or video their hideous acts. They also destroyed some WACOL’s office doors in the process. It was such a dastardly beating that at a point Goodness ran into the office toilet to save her dear life, yet the four of them chased her like a hardened criminal into the toilet, dragged her out and continued beating this helpless and unarmed lady who was assisting the Police to curb crimes in the state.

And what was her offence? She brought a lady who reported to our office to have been raped to them. After beating her to their satisfaction, they whisked her away to their office alongside Ezeani Esq.who was outside when the incident happened. While this was going on, the crowd of people who came to WACOL with their different matters ran away. This happened around 2pm. At Area Command the two lawyers were detained and their two phones collected from them and seized.

The officers insisted that the victim must be provided by the lawyers before they would be released. On getting to the station the parents of the alleged rapist and the police officers started abusing and maltreating Ibangah Goodness esq. and the other lawyer who was also with her. Ibangah Goodness told them that she was having breathing difficulty and needed her medical attention as a matter of urgency, they turned a deaf ear to her plea and continued to force her to make a statement and also produce the victim for settlement.

Around 3:00 pm Goodness Esq. fainted and collapsed while still in custody and was not rushed to the hospital until after 20 minutes when Daniel Onyeonagu Esq. one of our Pro Bono Lawyers who saw Police reluctance to provide their own vehicle took her in his car to the National Orthopeadic Hospital, Emergency Unit.

Two Police officers accompanied him in his car. Just before they got to the hospital, Goodness Ibangah Esq. became totally unconscious and lifeless. It took the timely intervention of the doctors at the hospital who used their Oxygen and other necessary medical equipment to revive her. Immediately they arrived at the hospital and before she was revived, the two police officers who had her in their custody and who accompanied Daniel Onyeonagu Esq. to the hospital thought she had died and ran way.

They detained Ezeani Esq. who was outside WACOL office when they were beating Goodness Esq. inside our office. She remained in their custody from around 2pm noon till 6:00pm when she was finally released after obtaining a statement from her. Up till now, they have not inquired the state of the lady who they beatup and who fainted while in their custody and who they also guarded to the hospital.

This is the height of abuse of Police power, harassing and beating up a human rights lawyer working in an office that has set unprecedented records of assisting the Police in curbing crimes in the country. It is a mockery to an office such as ours and is totally unacceptable and must be fully investigated to bring the culprits to book.

Prof. Joy Ngozi Ezeilo (OON)