HOW TO OBTAIN POLICE BAIL

Bail is the arrangement whereby an accused person is granted a temporary release from custody pending the determination of the case against him.

This is granted pursuant to section 17 of the CPA if the offence is not punishable with death penalty. However, he may be detained for more than 24 hours where the offence is serious – section 42 CPC; section 35(3) and (4) of CFRN, 1999; Eda v. C. O. P (1982) 3 NCLR 219; Olugbesi v. C. O. P (1970) All NLR 204; Emezue v. Okolo & Ors. (1979) 1 LRN 236.

Sections 17 of the CPA; 129 of the CPC; and 27(a) of Police Act authorizes the grant of bail by the police pending the trial of the accused person.

The application for bail at the police station is made in writing. Either the suspect or his surety makes it. Where the surety makes the application, it is the practice that the application should include the passport photograph of the surety.

A person is granted bail by the police upon his entering into a recognizance, with or without sureties, to appear at a police station or court on a subsequent date stated in recognizance. Under section 18 of CPA, the recognizance entered into at the police station is enforceable in court.

When the recognizance is with a surety, the surety is required to be a person of substance and sufficient means who undertakes to forfeit the sum stated in the recognizance if the person granted bail fails to appear at the court or police. Legal practitioners cannot stand as surety for detained persons. However, they may recommend a person as fit and proper surety. In practice, women are not accepted as sureties. There is, however, no constitutional or legal impediment that debars a woman from standing as a surety for bail. The practice is therefore deprecated. Women of proven and sufficient means should be accepted as credible sureties.

Upon application for bail, the suspect may be admitted to bail with or without conditions. Where conditions for bail are stipulated, the suspect must satisfy the stated conditions before he is released.

Any suspect who fails to satisfy the conditions set for bail will remain in custody because it is the accused person’s duty to satisfy the bail conditions, his continued detention will not amount to a violation of his constitutional right – Edo v. C. O. P (1982) 3 NCLR 219.

Bail at the police station is free. When a person on police bail is charged to court, upon arraignment the police bail lapses. The accused person therefore must apply for court bail otherwise he will be remanded in custody unless the court, on its own volition, admits him to bail. click on the picture at the left or right hand side for more insight.

A person arrested for a non-capital offence that cannot be brought before the court within the stipulated time limit, because the police investigations into the alleged offence have not been completed, must be granted bail by the police – sections 18 and 19 of CPA; 129(1) and 340 of the CPC. The suspect is granted bail upon his entering into a bond with or without sureties to appear at the police station at such times as are named in the bond. The bond can be enforced as if it were a bond entered into before a magistrate – section 27(b) of the Police Act.


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Victor C. Ezekiel Esq, 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.

Email: victorezekielc@gmail.com

Tel: +2348034997413

ADVISE ON THE RIGHTS AND CIRCUMSTANCES OF SUSPECTS THAT MAY REQUIRE THE SERVICES OF THE LEGAL AID SCHEME IN NIGERIA

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It is unlawful and illegal to compel a person against his will to answer any questions while under interrogation by a police officer or any other law enforcement agent. Any statement obtained under the above circumstances is null and void and inadmissible, against the suspect or accused persons in the Court of Law – Saidu v. The State (1982) 4 S. C 41; and section 3 of the Administration of Criminal Justice Law (ACJL) of Lagos State 2007.

For an accused person (suspect) to be properly arraigned or charged before a court, for an indictable offence, of a non-capital nature, his personal consent must first be sought and obtained by the presiding magistrate – section 304(3) of the Criminal Procedure Act.

A suspect has the right not to be subjected to unnecessary restraints – The police have no right to deny a suspect his freedom of movement or personal liberty – section 35 of CFRN, 1999.

He has the right not to be arrested by use of excessive force – The police have no right to beat any person and using reasonable force to enforce compliance does not include pummeling (striking repeatedly with the fists) a person into a pulp.

He has the right to be notified of the cause of arrest – Unwarranted and unnecessary detentions run contrary to the ideals of the Fundamental Rights provisions in Chapter IV of the 1999 Constitution.

He has the right to be taken to a police station – A suspect should be taken to a police station and the police have no right to deny a suspect access to his/her lawyer at all times.

He has the right to be brought before a court of law within a reasonable time – Every detention beyond 24 hours must be authorized by a court of law.

A suspect can only be tried for an offence known to law – The offence must be defined by legislation prohibiting it and punishment thereof specified therein; and the offence must be so constituted at the time of the commission of the alleged offence.

Defence of an accused – these are defence of provocation; alibi; necessity; immunity; mistake of fact; frustration; excuse and compulsion; mere presence; bona-fide claim of rights; husband and wife; insanity; accident; extra-ordinary emergency; intoxication; immature age to ignorance of the law.

Victor C. Ezekiel Esq, 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.

Email: victorezekielc@gmail.com

Tel: +2348034997413

CONSTITUTIONAL RIGHTS AVAILABLE TO A SUSPECT AT THE POLICE STATION

CONSTITUTIONAL RIGHTS AVAILABLE TO A SUSPECT AT THE POLICE STATION

When a person is taken to a police station for the commission of an alleged offence or on reasonable suspicion of being about to commit a crime, he is entitled to the following rights under the constitution and other subsidiary legislation, presently in force:

a)      Right to bail – the right of a suspect to bail is a constitutional right fully guaranteed under section 35(4) and (5) of the 1999 Constitution, which provides that a suspect is entitled to be released with or without conditions, even if further proceedings may be brought against him, within a period of a day or two days of his arrest and detention, as the case may be. This is also available in section 17(2) of the Administration of Criminal Justice Law (ACJL). This right is further strengthened by the provisions of sections 17, 18 and 19 of the CPA which empowers the police to grant bail to a suspect, on his entering into a bond with or without a surety for a valuable sum, to report at the police station at a given date and time. Section 129 of the CPC makes similar provisions for bail of suspects by the police.

Where by virtue of the nature and circumstances of a particular case it is not feasible for the police to release the suspect on bail, he must be charged to court not later than a period of 24 to 48 hours, from the date of detention – section 3(2) of ACJL; section 17 of CPA. In Eda v. Commissioner of Police (1982) 6 NCLR, 223, the court held that where the Police arrests and detains a person over an allegation or reasonable suspicion of committing an offence, and investigation of the case are on-going, it is their duty to offer bail to the suspect and/or charge him to court, within 24 hours, under the appropriate section of the CPA.

b)      Right To Private Legal Advice - An accused person or a suspect, who is under arrest or detention, has a right to counsel guaranteed in section 35(2) of the 1999 Constitution, while under arrest or being held at the Police station. The section provides: The import of this provision is that an accused person is at liberty to insist on talking to a lawyer before making a statement or being subjected to interrogation at the Police Station. It is therefore illegal for the Police to compel an accused or suspect to talk or make any statement, against his wish to consult a lawyer first, before doing so.

It should however be noted that Section 35 of the CFRN, 1999 provides for Right to personal liberty.

Section 35(1) of the CFRN, 1999 states that every person shall be entitled to his personal liberty and no person shall be deprived of such liberty.

Section35(2) of the CFRN, 1999 states that a person shall have the right to remain silent or avoid answering a question until after consultation with a legal practitioner or any other person of his own choice.

Section35(3) of the CFRN, 1999 states that a person arrested shall be informed within 24 hours of the facts and grounds for his arrest or detention (in a language he understands).

Section 35(4) of the CFRN, 1999 states that a person arrested must be brought before a court of law within a reasonable time.

Section 35(6) of the CFRN, 1999 states that any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person.

Section 36(4) of the CFRN, 1999 states that any person charged with a criminal offence shall be entitled to fair hearing in public within a reasonable time by a court or tribunal.

Section 36(5) of the CFRN, 1999 states that every person charged with a criminal offence shall be presumed to be innocent until proven guilty.

Victor C. Ezekiel Esq, 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.

Email: victorezekielc@gmail.com

Tel: +2348034997413

POLICE INTERVIEWS IN NIGERIA

Persons to be questioned are normally expected to attend the questioning in person. However, either of the parties involved may provide a statement through a representative or by phone or by other means of communication, provided that the police consider this would not cause a problem or prejudice the investigation. Under the same conditions, a witness may also be questioned by phone or other means of communication.

A suspect can only be questioned through a representative or by phone if the case is of minor importance and he/she does not deny the accuracy of the report of the offence. An official record of the questioning is prepared in every case.

Before the interview begins, the police have the duty to notify the persons to be interviewed of their status in the pre-trial investigation. A suspect must be informed of the act which he/she is suspected.

The police have a duty to treat those they are interviewing in a calm and rational manner. The police are not permitted to employ any knowingly false statements, promises or fabrications concerning any special benefits, or to tie, threaten or coerce the person being interviewed, or to use any other inappropriate means or methods to influence the person’s willpower, memory, judgment or freedom to decide, in order to extract a confession or influence the type of statement given.

If the person being interviewed does not speak English or any language used by the officials or authorities or cannot understand due to a sensory handicap or speech defect, the police have a duty to arrange an interpreter for the person concerned.

The police may not exceed the time limit set for an interview. An examination record is always prepared for an interview.

Victor C. Ezekiel Esq, 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.

Email: victorezekielc@gmail.com

Tel: +2348034997413

PRE-TRIAL INVESTIGATION IN CRIMINAL CASES

The police have a duty to conduct pre-trail investigations without undue delay. A head of investigation is appointed for each criminal case to be investigated who will remain responsible for the progress of the investigation. In a pre-trial investigation the police will have to establish whether or not an offence has actually been committed, under what circumstances it occurred and the identity of the parties concerned. The pre-trial investigation will also establish the extent of the injury or damage caused by the offence, the gain effected by the offender and the demands of the injured party.

The police are also required to notify a prosecutor for each criminal case that they are to investigate when a person is suspected of an offence. Such notification does not, however, need to be given in straightforward cases, such as cases of petty theft, petty assault and endangering traffic.

During a pre-trial investigation, the parties involved (i.e. the injured party and the suspect) may be questioned by the police. The police may also question witnesses and various experts such as forensic pathologist.

Before closing a pre-trial investigation, each of the parties will be given an opportunity to produce a statement on the material gathered in the pre-trial investigation if this would expedite or assist in the handling of the case in court. Such statements will be attached to the record of the pre-trail investigation.

When the pre-trail investigation is closed, a record will be drawn up of the material gathered, provided this is considered necessary for the further handling of the case. The record of the pre-trial investigation will include the official records of the questioning and reports on the investigative measures. Other documents and recordings collected or made in the course of the investigation can also be attached.

The injured party or his/her attorney will be sent a copy of the record of pre-trial investigation on request. The record of the pre-trial investigation will also be forwarded to the prosecutor for the purposes of a decision on charges. Before making a decision on charges, the prosecutor can invite any of the parties or their legal counsels or representatives to discuss matters if it is felt this would assist in making the decision or in handling the case in court.

If the suspect is below the age of 18, the prosecutor must reach a decision quickly on whether or not to bring charges. Charges must therefore be considered without delay.

Victor C. Ezekiel Esq, 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.

Email: victorezekielc@gmail.com

Tel: +2348034997413