POST-CONVICTION BAIL IN NIGERIAN JURISPRUDENCE

POST-CONVICTION BAIL IN NIGERIAN JURISPRUDENCE

Author by Mr. Babatunde Adeyemi

Language: English

Abstract

Bail is the procedure by which a person arrested for an offence is released on security being taken for his appearance on a day and a place certain. A fundamental principle of our criminal law jurisprudence is the presumption of innocence which means that a person accused of an offence is presumed innocent until his guilt is established beyond reasonable doubt by a court of law. Thus an accused person must be treated as a non-criminal until he has been duly adjudged to be so. Therefore, if the constitution4 is to be positively interpreted it would mean that an accused standing trial must normally be entitled to bail. In practice, issues of bail are relevant at three points in the process of determination of a case namely: (a). Bail pending Investigation (Police bail), which is granted by the police and law enforcement agencies, pending the arraignment of a suspect in court; (b). Bail pending trial; and (c). Post-conviction bail. This paper will essentially consider the nature and scope of Post-Conviction Bail in Nigerian jurisprudence. There are two types of post-conviction bails: (i) Bail pending sentence; and (ii) Bail pending appeal.


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