Excessive court bail fines in Nigeria’s legal system pose significant challenges to litigants particularly those that are unable to meet the stringent conditions set by courts
Let consider the following key facts
Factors influencing bail conditions.
Nature and gravity of the offense.
Courts consider the severity of the crime when determining bail conditions ,more serious offenses often result in striker bail terms.
Evidence and probability of guilt.
The strength of evidence against the accused and the like hood of conviction influence bail decisions.
Criminal antecedents.
An individual’s past record can impact their eligibility for bail
Likelihood of interfering with investigation or witnesses, court assess whether the accused may temper with evidence or influence witnesses.
Challenges with excessive court bail fines.
Impossible conditions.
Judges sometimes set bail conditions that are impossible for accused to meet which may result in denying them bail. This can be seen as a way to keep suspects in custody especially in high profile cases.
Stringent surety requirements.
Courts may require multiple sureties with significant financial resources making it difficult for accused individuals to secure bail.
Impact on indecent suspects.
Excessive bail fines can disproportionately affect low- income individuals potentially violating their right to liberty.
Legal frame work
Constitutional right to bail
The Nigeria constitution generates the right to bail for court offenses but this right is subject to certain conditions and limitations.
Discretionary power of courts.
Judges have Discretionary power to grant or refuse bail which can lead to inconsistent decisions .
Guiding principles.
Courts are expected to exercise their description judiciously and judicially,considering relevant factors and applicable laws.
To address the issue of excessive bail court fines conditions in Nigeria’s judiciary, the following suggestions could be relevant:
Reassess bail conditions.
Judges should ensure bail conditions are not overly Stringent or unnecessary burdensome taking into account the defendant’s financial capacity and the severity of the offense.
Bail conditions should be set with the primary goals of ensuring the defendants appearance in court, rather than punishing them before trial.
Implementing liberal bail approach.
Trial courts should adopt a more liberal approach to bail conditions in more capital offenses, granting bail on favorable and affordable terms. This approach would help the number of individuals detained in correctional facilities due to inability to meet excessive bail conditions.
Utilise alternative surety options.
The judiciary can leverage the administration of criminal justice Act (ACTA) provisions to register and license corporate bodies to individuals to act as bounds persons, this would help eliminate taking sureties and streamline the bail process.
Streamlining verification process
To expedite the bail process, courts registries should handle surety verification instead of relying on prosecution or external agencies, this would reduce delays and potentials bases in the verification process.
Consider human rights implications.
Judges should be mindful of the human rights implication to excessive bail conditions ensuring that the bail process does not violates the rights to liberty, freedom of movement and access to justice.
Empathy and practicability.
The judiciary should infuse empathy and practicability into the bail process, recognizing the impact of prolong detention on defendants and their families. This includes considering the potential consequences of denying bail or setting unaffordable bail conditions.
Judicial education and training.
Providing ongoing education and training for judges on bail jurisprudence and human rights would help ensure that bail decisions are made with its implications.
Review and reform.
Regular review and reform of bail laws and procedures would help identify areas for improvement and ensure that the bail system operate fairly and efficiently.
– Benjamin Ibrahim, a Freelancer, writes from Lokoja.
