BAIL

CRIMINAL LAW AND PROCEDURE – BAIL – Factors to be considered in granting or refusing bail

The Supreme Court in Dokubo-Asari v. FRN (2007) had this to say –

“When it comes to the issue of whether to grant or refuse bail pending trial of an accused by the trial Court, the law has set some criteria which the trial court shall consider in the exercise of its judicial discretion to arrive at a decision. These criteria have been well articulated in several decisions of this court. Such criteria include, among others, the following: (i) the nature of the charge; (ii) the strength of the evidence which supports the charge; (iii) the gravity of the punishment in the event of conviction; (iv) the previous criminal record of the accused if any; (v) the probability that the accused may not surrender himself for trial (is he/she a flight risk ?); the likelihood of the accused interfering with witnesses or may suppress any evidence that may incriminate him; (vii) the likelihood of further charge being brought against the accused; (viii) the probability of guilt; (ix) detention for the protection of the accused; (x) the necessity to procure medical or social report pending final disposal of the case. See: Bamaiyi v. State (2001) 8 NWLR (Pt. 715) 270; Abacha v. State (2002) 5 NWLR (Pt. 761) 638; Ani v. State (2002) 1 NWLR (Pt. 747) 217; Ekwenugo v. Federal Republic of Nigeria (2001) 6 NWLR (Pt. 708) 171; Eyu v. State (1988) 2 NWLR (Pt. 78) 602.