OPTIONS AVAILABLE TO A SUSPECT UPON REFUSAL OF POLICE BAIL

HABEAS CORPUS, this is a Latin word which means “that you have the body”. This remedy is to secure the release or liberty of the subject, whose right to personal liberty has been lawfully infringed on, and which is better explained by the more elaborate Latin expression habeas corpus ad subjiciendum meaning a writ directed to the person detaining another, and commanding him to produce the body of the prisoner, or person detained. This is the most common form of habeas corpus which is to test the legality of the detention or imprisonment, not whether he is guilty or innocent.

Habeas corpus proceedings are usually governed by State Laws and an application herein is made ex-parte accompanied by a deposition on oath, stating the facts and circumstances of the wrongful detention, necessitating the filing of the application. The provisions of the Fundamental Rights (Enforcement Procedure) Rules, 1979 has recognized it as a very potent weapon for restoration of abridged and deprived fundamental rights of detainees.

In Alhaji Manfred v. IGP & Ors, the court after a thorough consideration of the application, ordered the immediate release of the applicant from detention as well as the release of his confiscated properties on the grounds that the police lacked the power to carry out his arrest without sufficient evidence, and also had no powers to confiscate his property and personal effect without a valid court order.

In Ajiboye v. IGP & Ors suit no. m/12/91 Lagos High Court, on application for bail, the Court held that a judge of a High Court by virtue of section 118(1) of the CPL of Lagos State, 1973, it can admit to bail any person charged with an offence punishable with death. Consequently, the court ordered the release of the applicant on bail from prison custody, pending arraignment before a competent court of law for whatever offence he may be charged with.

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Barr, Ezekiel chigozie has many years experience in providing legal representation and advising clients across an exceptionally broad range of contentious and non-contentious matters. His main goal is to help clients resolve any contentious or non-contentious legal problem they are having rapidly and cost effectively.

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