By Adebayo Akinlade
whenever the Police or any other security agency is refusing to grant your client bail or arraign them, rather than go through the stress of filing FREPO at the High Court, just file a Motion to Produce in line with SECTIONS 159, 32, 30, 6, 7 AND 8 OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015 (if the State doesn’t have its own ACJL);
SECTIONS 33, 35, 36, 39 AND 41 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED); SECTIONS 2, 3 AND 7 OF THE ANTI-TORTURE ACT 2017; AND UNDER THE INHERENT JURISDICTION OF THE COURT praying the court for:
AN ORDER directing the Respondents to produce the Applicant who is presently and continuously in the detention of the Respondents since …………, particularly in the office of the …….Respondents before this Court so that his bail application can be heard. If you file an Affidavit of Urgency along with it, your Motion could be held on the same day or a day after.
And case law states that the Prosecution cannot object to such bail application should the court grant this Order.
The above application does not forbid you for also filing for the Enforcement of Fundamental Rights or Malicious Arrest and Prosecution.
Moreover, the prosecutor who failed to arraign an accused person before a competent court cannot properly object to application for bail. See BOLAKALE V STATE (2006) ALL FWLR (PT. 312) 2168-2179.
