Procedures for the Application of Bail in Nigeria

The concept of bail refers to the temporary release of a suspect or an accused person
pending trial with an assurance that he or she will appear when summoned. The
purpose of bail is to respect the accused’s fundamental human right to personal
liberty. The process of bail may vary depending on the type of crime for which he has
been arrested.
There are two types of bail which includes the police bail and the court bail.

1.0. Police Bail

To obtain the police bail, an application letter is written by counsel on the letter head
of chambers. This letter should be addressed to the Divisional Police Officer (DPO),
Commissioner of Police (COP), Inspector General (IG), or any other senior officer
capable of conferring bail. Application for bail can also be drafted by relatives and
friends of the accused person. The application letter should contain those who will
stand as surety for the accused. Such sureties undertake to secure the attendance of the
suspect whenever required at the police station or in court. Police reviews the
application letter and then grants bail.

When the Police grants bail, it lasts for as long as the matter remains with the police.
Police bail is free. Unfortunately, some police officers, in Nigeria today, extort
suspects by collecting money for bail.

2.0 Court Bail

This is when the presiding judge grants bail to the accused person until the case
comes to an end. As soon as the matter is charged to court, police bail lapses and an
application for bail has to be made before the court. In trivial cases, the counsel of the
accused could inform the court that suspect is on police bail and urge the court to let
the bail continue. Court bail may be in two ways. Bail before the court pending trial or
bail before the court pending appeal.

2.1. Bail before the Court Pending Trial

The counsel of the accused may orally apply for bail where the accused is
represented. However, where the accused is not represented, the court would normally
consider the option of bail and if the offence is one in which the offender can be
granted bail, bail would be granted to the accused.
Where the application for bail is refused at the MC, an application for bail is filed by
way of summons at the High Court (HC) accompanied with an affidavit, which will
show the character of accused, level of investigation, and other related matters,
original copy of the charge sheet and the ruling of the Magistrate. A copy of this
application would be served on the prosecution. Where the accused person is refused
bail regardless and not charged to court, he file for the issuance of a writ of habeas
corpus or a motion challenging the detention.

2.2. Bail before the Court Pending Appeal

It is usually difficult to obtain bail before the court pending appeal. This is because
the presumption of innocence is no longer applicable as the accused has already been
found guilty at trial. Bail is no longer as of right but solely based on the discretion of
the court. However, to obtain bail before the court pending appeal, the accused’s
solicitor submits an application for bail in writing to the court that recorded the
conviction. This must be done after the appeal has been filed. The court would then
set a date for the hearing of the application. Where an applicant is refused bail, he can
apply to a higher court next in hierarchy for a revision of the order of bail.