LAW AND PRACTICE OF BAIL IN THE MAGISTRATE’S COURTS

Abstract

Bail is the element of administration of Criminal Justice in the society which is constitutional right of an accused person. In granting an accused person to bail, Magistrate is being faced with limited powers regarding the nature of the offence, the jurisdiction to entertain the bail of an accused person and Magistrate is ceased with the power to admit an accused person to bail if the Magistrate has no power to try substantive matter. It is mandatory that the magistrate shall grant bail to an accused person in simple offence punishable by not more than three years in imprisonment, and can exercise discretion in admitting an accused person to bail for noncapital offences while the Magistrate has no power to grant bail for capital offence punishable with death. The problems associated with Magistrate in granting the accused person to bail are lack of Jurisdiction, nature of offence and the exercise of discretional power to grant bail. This research looked at the laws guiding the practice of bail in Nigeria, the lack of Jurisdiction of the magistrate to grant bail in some offences but can order for remand of an accused person and the constitutional presumption of innocence of an accused person. In solving this problem, the writer adopted analytical method of research and sourced material from primary and secondary sources such as statues, decided cases, text books and seminar papers. The research having been faced with the issues above recommended for the Criminal Justice reform which included enactment and constitution of authority to be in charge of drafting of charge and filing of information to the appropriate court and Magistrate should grant bail to all charges before it pending the legal advice or filing of information or alternatively strike the charge out