A detainee has a right to bail by Justice Usman Bwala

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Bail

By Justice Usman Bwala

A person who is imprisoned or detained has a right to an early trial or be released on bail, James Danbaba vs The State 2000 14 NWLR (Pt 687) 396 at 409. Where there is a delayed investigation or trial a person can apply for bail pending the conclusion of investigation or trial. Bail, therefore, is applicable in three stages: bail before trial; (2) bail during trial; and (3) bail after conviction.

We shall start with bail before trial. What is bail? Bail is a common word in every society, however, its meaning and applicability may not be known or understood by all. Bail is a legal word which has its origin from the French word “brailler” meaning “to deliver” The Nigerian Law Dictionary by S.1 Nichi 71.

Bail simply means to set at liberty somebody who has been arrested or imprisoned Emeka Ekwenugo vs F.A.G 2001 6 NWLR (Pt 708) 17 where it was held as follows: “It literally means to set at liberty a person arrested or imprisoned on security being…



Source: Vanguard Newspaper