Bail Pending Trial 2023 PP T

NIGERIAN LAW SCHOOL
PORTHARCOURT CAMPUS
CRIMINAL LITIGATION (WEEK 10)
BAIL PENDING TRIAL
LECTURER:
UGOCHUKWU CHARLES KANU
LECTURE CONTENTS
1. Nature and types of bail.
2. Power of the Magistrate court to grant bail;
3. How to apply for bail to the High Court after
refusal by the Magistrate;
4. The procedure for bail application in the High
Court;
5. Factors that govern grant of bail by the court;
NIG LAW SCHOOL 07/02/24 2

LECTURE CONTENTS CONT’D
6. Terms/conditions upon which bail may be
granted;
7. Revocation of bail;
8. Procedure for Remand Order application;
9. Grant of bail in Remand Order Proceedings;
10. Duration of Remand Orders under ACJA and
ACJL;

LECTURE CONTENTS CONT’D
11. Difference between Remand Order and Holding
Charge;
12. Power of the Chief Judge to release Prisoners
from Prison;
13. Power of the Chief Magistrate to inspect
detention centres and grant bail to suspects.

LECTURE OUTCOMES
1) Identify the nature and types of bail – bail by

the police; bail by court pending trial and; bail
by court pending appeal;
2) Explain the methods of applying for bail;
3) Identify factors that govern grant of bail;
4) Explain the procedure for applying for bail after
it has been refused by the Magistrate;

LECTURE OUTCOMES CONTD…
5) Draft application for bail before the court;
6) Explain the terms and conditions upon which bail
may be granted;
7) Identify the circumstances when bail may be
revoked;
8) Distinguish between Remand Order and Holding
Charge;

LECTURE OUTCOMES CONT’D
9) Explain the procedure for applying for Remand
Order under ACJA and ACJL;
10) Draft application for Remand Order;
11) Explain the procedure for obtaining bail in a
remand Order proceedings;
12) Explain the power of the Chief Judge to
release Prisoners under the Criminal Law
(Release from Custody) Special Provisions Act;

LECTURE OUTCOMES CONT’D
13) Explain the power of the Chief Magistrate to
conduct inspection of Police stations or other places
of detention (not prison) within his territorial
jurisdiction and grant bail under section 34 ACJA;
14) Distinguish between the power of the Chief
Judge to release prisoners and power of the Chief
Magistrate to grant bail to suspects.

WHICH OF THESE STATEMENT IS
CORRECT?
 All offences are bailable.
 Not all offences are bailable.
 All offences are bailable, but some are
more bailable than the others.

WHAT IS BAIL?

DEFINITION OF BAIL PENDING TRIAL
• It is the temporary release of a Defendant
from custody to sureties on conditions given
to ensure his attendance in court pending
the determination of the case.
• See Suleiman v COP (2008) 8 NWLR
(Pt.1089)298 @ 322; Onyebuchi v. FRN
(2009) All FWLR (pt. 458) 341.

QUERE
QUERE: Can a defendant be granted bail

without bringing a surety?

BAIL AND CONSTITUTIONAL RIGHTS
• Bail and Defendant’s right to personal liberty.
See s.35 1999 Constitution.
• To detain a suspect without arraignment
beyond the time stipulated by the constitution
is unconstitutional.
See Danfulani v EFCC (2016)1 NWLR
(Pt.1493)223 at 247.

BAIL AND CONSTITUTIONAL RIGHTS CONT’D
• Suspect arrested for non capital offence
should be arraigned in court within 24hours
or 48hours if there is no court within 40
kilometers radius.
See s.35 (1)(3)(4)(5)&(7) of 1999 Const.;
S.49(1) ACJL Kano; S.30 (1) ACJA; S.17 (1)
(2) ACJL Lagos.

BAIL AND CONSTITUTIONAL RIGHTS
CONT’D.
• Suspect not released on bail within 24hours for
commission of a non capital offence, should apply
to court for release.
 See s.32 (1) ACJA; S. 51(1) ACJL Kano; S.18 (1)
ACJL.
 Suspects arrested for commission of capital
offence can be detained further. See s.35 (7)
Const.

POWER OF THE COURT
TO GRANT BAIL
• The Court is vested with power to admit
defendant to bail pending trial.
See S.158 ACJA; S.115 (1) ACJL Lagos; S.168
ACJL Kano;
• Based on discretion which must be exercised
judicially and judiciously.
See Ukatu v COP (2001)FWLR (Pt.66)755.

NATURE OF THE OFFENCE
AND GRANT OF BAIL
• The grant of bail by the Court depends on the
nature of the offence.
s.161-163 ACJA; S.171 ACJL Kano; S.115 ACJL.
• Bail is not ordinarily granted to persons accused
of capital offences.
• See S.161 (1) ACJA; S.115 (1) ACJL Lagos;
S.171 ACJL Kano.

NATURE OF THE OFFENCE
AND GRANT OF BAIL
• The nature of the offence will determine the
court with power to grant bail.
See S.161 (1) ACJA; S.115 (1) ACJL Lagos;
S.171 (1) & (2) ACJL Kano.
• Note that ACJL Kano has now empowered
Upper Sharia Court to grant bail under s.
171.

CAPITAL OFFENCES
AND GRANT OF BAIL
• Bail is not ordinarily granted to persons accused
of committing capital offences.
See S.171(1) ACJL Kano; S.161 (1) ACJA; S.115
(1) ACJL Lagos.
• Granted only in exceptional circumstances by the
High Court. See s.161 (1)&(2) ACJA; S.171 (3)
ACJL Kano; S.115 (1) ACJL Lagos.

EXCEPTIONAL CIRCUMSTANCE FOR GRANT OF
BAIL IN CAPITAL OFFENCES
1. Ill health
2. Extraordinary delay in investigation,
arraignment and prosecution;
3. Other exceptional circumstances as the court
may hold.
See s.161 (2) (a-c) ACJA; S.171(3) ACJL Kano.

CAN A MAGISTRATE COURT GRANT BAIL IN
CAPITAL OFFENCE?
 Magistrate cannot grant bail in capital
offences.
See S.161 (1) ACJA; s.171 (1) ACJL Kano &
Appendix A; S.115 ACJL Lagos.

 Magistrate may grant bail in cases it has no
jurisdiction to try during a remand
proceedings.
See Ss. 293 & 295 ACJA; S.264(5) ACJL
Lagos; S. 297 ACJL Kano.
QUERE: Does it extend to Capital offences?

GRANT OF BAIL V ACCELERATED TRIAL IN
CAPITAL OFFENCES
• In certain cases, the court may rather grant
accelerated trial than grant bail in capital
offences. See Umar v FRN (2021) 4 NWLR
(Pt. 1766)291 at 303.

GRANT OF BAIL IN FELONIES
OTHER THAN CAPITAL OFFENCE
• These are offences for which punishment is
not below
3 years imprisonment term or more. See s.370
ACJL Lagos; S.494 ACJA; S. 2 ACJL Kano.

GRANT OF BAIL IN FELONIES
OTHER THAN CAPITAL OFFENCE CONTD…
• H.C and M.C are empowered to grant bail.

Ss.162 ACJA; 115 (2) ACJL Lagos; 173 ACJL
Kano.
• If punishment exceeds 3 years, bail may be
refused in some instances.

S. 162 ACJA & 172 ACJL KANO FACTORS TO
CONSIDER BY THE COURT FOR GRANT OF BAIL
1) Attempt to influence, interfere with, Intimidate
witnesses, and or interfere with Investigation;
2) Attempt to evade trial;
3) Attempt to conceal or destroy evidence;
4) Where there is reasonable ground to believe
that the def. may commit another offence if
released on bail.

5) That accused will commit further offence if
released;
6) Undermine/jeopardize the objectives or
purpose or the functioning of the criminal
justice administration, including the bail
system.

GRANT OF BAIL IN MISDEMEANOUR/SIMPLE
OFFENCES
• Misdemeanour are offences for which punishment is
not less than 6 months but less than 3 years.
See s.370 ACJL Lagos; S.494 ACJA; S. 2 ACJL Kano.
• High Court and Magistrate Court are empowered to
grant bail as a matter of course.
See Ss.163 ACJA; 173 ACJL Kano; 115 (3) ACJL
Lagos.

FACTORS TO BE CONSIDERED
FOR GRANT OF BAIL
In granting bail pursuant to s.35 Const., the
Supreme Court has held that the court must
balance the interest of the individual citizen
against that of the larger society.
See Dokubo-Asari v FRN (2007) All FWLR
(Pt.375)588.

REFUSAL OF BAIL AS A PUNISHMENT
Note that bail is not to be refused as a form
of punishment to the defendant.
see Dogo v Commissioner of Police (1980)
NCR 14.

FACTORS TO BE CONSIDERED
FOR GRANT OF BAIL
1. The Nature of offence/ Punishment Prescribed,
2. The Nature, Character and Quality of Evidence
Against the defendant;
3. The Possibility of the def. Interfering with further
Investigation/Prosecution of the case if granted
Bail;
See Bamaiyi v State (2001)4 SCNJ 103.

FACTORS CONT’D
4. The Prevalence of the Offence.
See Felix v. State (1978) LRN 308; Ajudua v. Federal
Republic of Nigeria (2005)All FWLR (pt. 246) 1274.
5. Detention for the protection of the Defendant.
See Nnogu v. State( 2002) FWLR (pt. 103) 482.

FACTORS CONT’D…
6. The possibility of the def. committing the
same/ similar offence while on bail. See R. vs.
Jammal.
7.The Criminal Record of the defendant.
See Eyu v. The State (1988) 2 NWLR (pt.78)
602; Ajudua v. FRN (2005)All FWLR
(Pt.246)1274.

FACTORS CONT’D
8. Ill-Health.
See Ani v. State (2001)FWLR (Pt.81)1715;
Abacha v State (2002) FWLR (Pt.118)1224.
9. The availability of the defendant to stand
trial.
See Bamaiyi v State (2001)4 SCNJ 103.

APPLICANT RELYING ON ILL-HEALTH
TO ESTABLISH THE FOLLOWING…
1. That the ill-health may affect other inmates
in the detention centre,
2. Convincing medical report by a specialist in
that field of medicine in support of the claim
of the applicant;

3. That the ill-health cannot be managed by
the medical unit in the clinic as a result of
inadequate medical facilities or expertise.
See Ofolue v Federal Republic of Nigeria
(2005) 3 NWLR (Pt. 913)571.

QUERE
From which hospital will the medical report

emanate from to be admissible in evidence? Is
it private or Government hospital?
See Ivwighre v State (2018) LPELR-44862
(CA).

CAN APPLICATION FOR BAIL
BE MADE ORALLY?
• Bail Application to court may be made orally or in
writing.
See s.32 (3) ACJA; S.18 (3) ACJL Lagos; S.51 (3)
ACJL Kano; Abiola v FRN (1995)1 NWLR
(Pt.370)155.
 Note that whether it will be oral or in writing
depends on the court seized of the matter.

ON WHOM LIES THE BURDEN OF
PROOF
• May depend on nature of the offence.
• The burden of proof lies on the Respondent
to show that Applicant is not entitled to bail
pending his trial with regard to bailable
offences.
See THEOPHILOUS v. FRN & ORS (2015)
LPELR-25984(CA).

PROCEDURE FOR BAIL APPLICATION AT
THE MAGISTRATE COURT
• No procedure stated under any of the laws.
• The ACJA, ACJL’s, are all silent on any
procedure.
• Usually made orally after the plea of the def.
except directed by the presiding officer.
• This is the procedure applicable in all
jurisdictions.
See Dogo v COP (1980) 1 NCR 14.

THE HIGH COURT IN THE SOUTH (LAGOS)
• Application is by Summons
• Supported by affidavit, and
• Written address (requirement of practice).
See S. 262 ACJL Lagos;
Simidele v COP (1966) NMLR 116; State v Uwah
(1976) 2 FNR 143.

THE HIGH COURT IN THE NORTH
• Application is by Motion on Notice
See Tanko v COP (1986)1 QLRN;
S.467(g) ACJL Kano; Compare with S.35 HCL
Northern Nigeria.

THE HIGH COURT IN FCT (ABUJA)
• Application is by Motion on Notice
See s. 492 (3) ACJA.
Tanko v COP (1986)1 QLRN;

THE FEDERAL HIGH COURT
See section 158; 492 (3) ACJA which empowers the
court to grant bail without providing specific
procedure to bring the application.

THE NATIONAL INDUSTRIAL COURT
See section 158 & 492 (3) ACJA which empowers the
court to grant bail without providing specific
procedure to bring the application.
S.254F (1) & (2) 1999 Constitution as amended.

PROCEDURE FOR BAIL APPLICATION AT HIGH CRT AFTER
REFUSAL BY MAG CRT IN THE SOUTH & LAGOS
• Summons
• Affidavit in support of summons for bail
• Certified true copy of the charge sheet
• Certified true copy of the ruling of the lower court
refusing the initial application, and

PROCEDURE CONTD…
• Note: it’s a fresh application, not an appeal.
See Simidele v COP; State v Uwah (1976) 2
FNR 143 SC; S.119 & 262 ACJL Lagos.

PROCEDURE FOR BAIL APPLICATION AT HIGH CRT
AFTER REFUSAL BY MAG CRT IN THE FCT
• Motion on Notice/Summons
• Affidavit in support of Motion/summons for bail
• Certified true copy of the ruling of the lower court refusing
the initial application, and
See. Achadu v State (1981) 1 NCR 16; Ss.158 & 168 & 492
(3) ACJA.

PROCEDURE FOR BAIL APPLICATION AT HIGH
CRT AFTER REFUSAL BY MAG CRT IN KANO
• Affidavit in support of Motion/summons for bail
• Certified true copy of the ruling of the lower court refusing
the initial application, and
See. Achadu v State (1981) 1 NCR 16; Ss.168, 178 &
S.467(g) ACJL Kano.

PROCEDURE FOR BAIL APPLICATION WHERE
THERE ARE MULTIPLE DEFENDANTS
• Summons/Motion depending on the jurisdiction;
• Affidavit in support;
• Written address.
Note that a single summons/motion but different
affidavit may be used for all the defendants if
represented by one counsel.
See Afigbu v COP (1975) NNLR 128.

TERMS OF BAIL
• Terms and conditions of bail are used
interchangeably.
• Essence is to ensure attendance of the
defendant.
• It is not a hurdle.

TERMS OF BAIL
• The terms must not be onerous but at
court’s discretion. UDUESEGBE v. FRN
(2014) LPELR-23191(CA).
See Ss. 165 (1) ACJA; 175 (1) ACJL
Kano;116 (1) ACJL Lagos; Dogo v COP.

TERMS OF BAIL CONT’D
1. Defendant’s recognizance.
2. Defendant executing a bond;
3. Producing a surety to execute a bond in a
specified sum; See S.171 (1)(2) ACJL Kano;
118(1) ACJL Lagos; 167 (1) ACJA.
4. Deposit of money in lieu of bond. S.116 (2)
ACJL Lagos;

VARIATION/REVIEW OF BAIL TERMS
• A Judge of the High Court have the power to
vary/review bail terms. Dasuki v. Director
General State Security & Ors (2019) LPELR-
48113 (CA).
• Any court that grants bail, have the power to
vary the terms.
See S.168 & 173 (2) (a) ACJA; s.178 ACJL Kano;
S. 120 ACJL Lagos.

PROCEDURE FOR
VARIATION/REVIEW OF BAIL TERMS
• Affidavit in support of motion/Summons
• Written address.
• NOTE in your application for
variation/review, state the terms you want.

QUALIFICATION AS A SURETY
(A)Person of known address;
(B)Person of good character;
(C)Person acceptable to court.
(D)(Person of reasonable means of income).

ELIGIBILITY OF A WOMAN TO
STAND AS SURETY
• There is no law in Nigeria that prohibits a
woman from standing as a surety.
• Denial amounts to discrimination under s.42 (1)
(a) 1999 Constitution.
• See s.167 (3) ACJA; s.118 (3) ACJL; S. 177(3)
ACJL Kano; Ken Nwafor v EFCC (2020)
Legalpedia (CA) 11971.

QUERE
1. Can a pregnant woman be allowed to
stand as a surety?
2. Can a woman in pudah be allowed to
stand as a surety?
See section 42 1999 Constitution as
amended.

BONDSPERSON
• The ACJA & ACJL permits registration and licensing
of persons/corporate bodies to act as bondsperson.
• They act within the jurisdiction of the court they are
registered to operate.
See S.138 ACJL Lagos; S. 187 ACJA.
• Bondsperson performs the functions of a surety.
See S.187 (5) ACJA; s.138(5) ACJL Lagos.

APPOINTMENT OF BONDSPERSON
• The Chief Judge of the State appoints/registers
bondsperson to operate within the State
jurisdictions.
See s.138 (1) ACJL Lagos.
For FCT, the Chief Judge of the Federal High Court or
Chief Judge of FCT High Court appoints/registers
bondspersons to operate in FCT.
See s. 187 (1) ACJA.

QUALIFICATION AS BONDSPERSON
• For an individual, must be of unquestionable
character and integrity.
• For corporate organizations, the
organization must be composed of persons
of unquestionable character and integrity.
• See S.187(6) ACJA; S.138 (6) ACJL Lagos.

PUNISHMENT FOR IMPERSONATING A
BONDSPERSON
• Practicing as a bail bondsperson without
registration is an offence.
See s.187 (3) ACJA; S.138 (4) ACJL Lagos.
• The bonds entered by the bondsperson are tied
to an amount in a bank in the form of Bank
guarantee deposited with the Chief Judge.
See s.138 (6)(7) ACJL; S.187 (6)(7) ACJA.

POWER OF ARREST BY BONDSPERSON
• A def. attempting to escape/avoid appearance in
court may be arrested by a bondsperson without
warrant.
• Upon arrest be brought to court within 12 hours.
• Failure to produce the person in court within 12
hours, he should hand him over to the Police.
• See s.188 ACJA and S. 138 (8) ACJL.

REVOCATION OF BAIL
(INSTANCES)
1. Where a def. fails to appear in court (or a police
station) on an adjourned date without good
cause, Bench warrant may be issued for his
arrest.
See S.184 ACJA; S.139 ACJL; S.194 ACJL Kano.
 His bond and that of his surety may be forfeited
after due notice to them to show cause why the
bond should not be forfeited.

REVOCATION OF BAIL (INSTANCES) CONT’D
2. Where a def. on bail by a Mag is indicted by
a law officer for an offence not bailable by a
Mag court.
See S.127(1) ACJL Lagos; S.185 ACJL Kano;
s.169 & 175 ACJA.

INSTANCES OF REVOCATION OF BAIL
CONTD…
3. Where surety applies to be discharged.
See s.177 ACJA; S.129 ACJL Lagos; S.187
ACJL Kano; Onyebuchi v. F.R.N (2009)All FWLR
(Pt.458)341; Caleb v. F.R.N. (2006) NWLR (Pt.
984) 103 at 115.

REVOCATION OF BAIL (INSTANCES) CONT’D
4. Where the surety dies.
See S. 188 ACJL Kano; S.178 ACJA; S.131 ACJL
Lagos.
5. Upon arraignment, Police bail or administrative
bail automatically revoked.
6. Upon delivery of judgment of conviction, bail
granted to the convict automatically revokes.

QUERE
WHAT HAPPENS TO A SURETY WHO

FAILS TO PRODUCE A DEFENDANT?
Can the surety be arraigned?

See Christopher Ekwuazi v DPP (1999) 3 NWLR (Pt.
593) 31 CA; See s. 36 (8) 1999 Const.
“A charge against a surety for refusing to produce an
accused person is not known to law. In the instant
case therefore, the prosecution of the appellant is
unconstitutional and therefore null and void.”
See now Ndume v FRN (2022) LPELR-58272 (CA).

REMEDY AVAILABLE TO THE STATE WHERE
SURETY FAILS TO PRODUCE A DEFENDANT?
1. Commence proceedings for Forfeiture of
Bond;
2. Imprisonment for failure to pay the forfeited
sum.
See FRN V Maina (unreported) where the
surety was imprisoned upon the order of
the FHC.

INVOLVEMENT OF CIVIL SERVANTS
ON BAIL AS SURETY OF ACCUSED PERSONS
• See Dasuki v Director General, SSS (2020)
10 NWLR (Pt. 1731) 153 CA.
• The Court of Appeal deprecated the
practice.

RECONSIDERATION OF BAIL
• A Defendant on bail may have his bail
cancelled based on circumstances or be
required to execute higher bond.
See S.185 ACJL Kano; S.169 ACJA; S.126
ACJL Lagos.

BAIL APPLICATION AND ENTITLEMENT TO
MEDICAL PRACTITIONER OF CHOICE
• Whether a defendant remanded in custody

is entitled to medical practitioner of his
choice?
• See Nwaoboshi v FRN (2023)10 NWLR
(Pt.1893)565 @ 583 SC.

POWER OF THE MAG TO RELEASE DETAINEES ON
BAIL FROM DETENTION CENTRES
• The CM within the Police Division or a designated
Mag. by the CJ SHALL visit the Police station &
other places of detention every month to conduct
inspection.
• See S.34 (1)ACJA; S.283(1) ACJL 2021 Lag;
S.53(1) ACJL Kano.

• During the visit, he may call for and inspect
the records of arrest and direct the
arraignment of suspect.
See S.34 (2)ACJA; s. 283(2) ACJL 2021 Lag;
S.53 (2) ACJL Kano.

POWER OF THE MAGISTRATE TO RELEASE ON
BAIL FROM DETENTION CENTRES CONT’D
• During the visit, Magistrate may grant bail

where appropriate to any person detained
where bail has been refused if he has
jurisdiction.
See S.34 (2)(c) ACJA; 283(2)(c) ACJL 2021
Lag; S.53 (c) ACJL Kano.

• Records of arrest and bail, applications for
bail made within the period shall be made
available.
See s.34 (3)(a-c) ACJA; 283(3) ACJL 2021
Lag; S.53 (3) ACJL Kano.

POWER OF THE MAGISTRATE TO RELEASE ON
BAIL FROM DETENTION CENTRES CONT’D
• With respect to other Federal Government
Agencies empowered to make arrest, the High
Court Judge having jurisdiction shall visit such
detention facilities for purposes provided in the
section.
See S.34(4) ACJA.

PENALTY FOR REFUSING MAGISTRATE
ACCESS TO RECORDS
• Failure by any officer to comply with the above
provisions shall be treated as a misconduct.
See s. S.34 (5) ACJA; S.283 (4) ACJL 2021 Lag;
S.53 (4) ACJL Kano.

POWER OF THE CHIEF JUDGE TO RELEASE
PRISONERS
• Is it pre-conviction or post-conviction?
• See Edwin Iloegbunam & Ors v. Richard
Iloegbunam & Ors (2001) 47 WRN 72
wherein the Court of Appeal had upheld the
constitutional validity of the Criminal Justice
(Release from Custody) (Special Provisions)
Act 1977.

• Section 21 of the Nigerian Correctional
Service Act, 2019, the CJN, Justices of SC
and CA, and the CJ of the states are among
prison visitors ex officio.

POWER OF THE CHIEF JUDGE TO
RELEASE PRISONERS CONT’D
• Such release relates only to awaiting trial
inmates.
• It relates also to those whose trial are on-
going, but they have over stayed the
maximum years of imprisonment they could
have served if convicted.
• QUERE: Does the above abate the trial?

• It does not relate to those already convicted
and serving their sentences.
See section 1 of the Criminal Justice (Release
from Custody) (Special Provisions) Act
1977.

REMAND ORDER PROCEEDINGS
 Any person arrested for an offence for which the
magistrate has no power to try shall within a
reasonable time of arrest be brought before a
Magistrate Court for remand.
See S. 293(1) ACJA; s.264 (1) ACJL Lagos; S.295
(1) ACJL Kano.
 The request for a remand order must be in
writing.

CONSTITUTIONALITY OF REMAND
ORDER
 Remand proceedings and orders has been
held to be constitutional by the Supreme
Court.
See Lufadeju v Johnson (2007) All FWLR
(871) 1532; (2007) 3 S.C (Pt. II)134.

UNDER ACJA
• Application for remand order to the court is
brought by way of an ex parte application under
ACJA.
See s.293(2) ACJA; S. 295(2) ACJL Kano;
• The form for the application is as contained in
Form 8 in the 1st schedule to ACJA-293 (2) (a).

UNDER ACJL 2015 (LAGOS)
• In Lagos the procedure of bringing the
application is by completing The Remand
Request Form.
See Form K in the ACJL 2015 -264 (1) & (3).

UNDER ACJL 2019 (KANO)
• Application for remand order to the court is
brought by way of an ex parte application
under ACJA.
See S. 295(2) ACJL Kano.
• The form for the application is as contained
in Form 8 in Appendix D to ACJL Kano.

FACTORS THE COURT WILL CONSIDER
BEFORE REMAND ORDER IS GRANTED
• The factors the court will consider before
making the remand order is listed in:
• See S. 294(2) (a-d) ACJA; S.264 (2) & (4)
ACJL Lagos; S.296(2) ACJL Kano.

GRANT OF BAIL IN REMAND ORDER
PROCEEDINGS
• The Court may in a remand application
grant bail.
See S.294 (1), S.295 ACJA; S. 264 (1),(5)
ACJL; S.296 (1), S.297 ACJL Kano.

LIFE SPAN OF REMAND ORDER
UNDER ACJA 2015
• It is 14 days in the first instance.
• It is renewable for another 14 days upon
good cause shown.
See S.296 (1) & (2) ACJA.

UNDER ACJA 2015 CONT’D
At the expiration of 2nd renewal, if suspect is still
in custody:
 Magistrate will issue hearing notice to IGP, COP
& AGF to inquire as to the position of the case
and for them to show cause why the suspect
should not be released and adjourn for another
14 days.
See s.296 (4) ACJA.

• Under ACJA, if suspect is still in custody at the
expiration of the two period court may grant him
bail upon his application.
S.296 (3) ACJA.
• Upon good cause shown it may be extended for a
final period of 14 days.
See s.296 (5) (a) ACJA.

• Good cause not shown upon the expiration of the
2nd renewal, or final period, the court shall with or
without an application discharge the suspect. See
s.296 (6) ACJA.
• The proceedings shall be a bar to any other
remand proceedings in any court. s.296 (7) ACJA.
• Maximum period of remand is 56 days.

UNDER ACJL 2015 (LAGOS)
• Under ACJL Lagos it is 30 days in the first
instance.
• Upon expiration, Magistrate shall order
release of the person unless good cause
shown for renewal for 1 month.
See S.264 (6) ACJL.

UNDER ACJL 2015 (LAGOS) CONT’D.
 At the expiration of 2nd renewal, if suspect is still in
custody, Mag. issue hearing notice to COP & DPP to
inquire as to the position of the case and for them to
show cause why the suspect should not be released.
See s.264 (7) ACJL.
 The court may renew the order if satisfied with the
reasons given for a final period. S.264 (8) ACJL.
Maximum period is 90 days.

REMAND ORDER UNDER
ACJL KANO 2019
• Under ACJL Kano it is 21 days in the first
instance. See s.298(1) ACJL Kano.
• Upon expiration and application showing
good cause, order may be extended for 14
days. See s. 298 (2) ACJL Kano.

REMAND ORDER UNDER
ACJL KANO 2019 CONT’D.
 At the expiration of 2nd renewal, if suspect is still in
custody, Mag. issue hearing notice to COP & AG to
inquire as to the position of the case and for them to
show cause why the suspect should not be released
and adjourn for 14 days. s. 298(4)(a) ACJL Kano.
 Good cause shown leads to final extension for 14
days. See s. 298(5)(a) ACJL Kano.
 Maximum period is 63 days.

CONCEPT OF HOLDING CHARGE
• The Concept of holding charge is a procedure
whereby the Police arraigns a defendant in a
Magistrate Court on a charge for an offence of
which the Magistrate court lacks jurisdiction to
entertain.
• The essence is to guard against the breach of
section 35 (4) & (5) 1999 Constitution.

CONCEPT OF HOLDING CHARGE
CONT’D.
• The court will not take the plea of the defendant
but will make an order for the person to be
remanded in Correctional Centre pending when a
formal charge will be filed in court with
jurisdiction.
• Once the order is made the defendant will be
dumped in the Correctional Centre for months or
years without arraignment under awaiting trial .

LEGALITY OF HOLDING CHARGE
• The Supreme Court in Lufadaju v Johnson (2007)
3 S.C (Pt. II) 134 held that holding charge is
illegal. See the cases of:
Onagoruwa v. State (1992) 2 NWLR (Pt. 221) 33 at
54 (SC).
Shagari v. COP & Ors. (2005) All FWLR (Pt. 262)
450; (2007) 5 NWLR (Pt. 1027) 272 @ Paras D-G
305 CA; Jimoh v. C.O.P(2004) 17 NWLR (Pt.
902) 389.

DISTINGUISHE BETWEEN HOLDING
CHARGE AND REMAND ORDER.

APPRECIATION

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NIGERIAN LAW SCHOOL

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1) Identify the nature and types of bail – bail by

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QUERE: Can a defendant be granted bail

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• H.C and M.C are empowered to grant bail.

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From which hospital will the medical report

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