ISSUES IN BAIL APPLICATION AND EXERCISE OF DISCRETIONARY POWERS OF THE COURT

Abstract

Bail is an interlocutory application during criminal proceeding in court which can be taken either before or after arraignment of a defendant or accused in court and also within the trial depending on the circumstances that warrant the application. It is also available after conviction and sentence but pending the determination of an appeal if any. It gives the accused/defendant a temporary freedom pending the final conclusion of his trial. Granting of bail is at the discretion of the court which must be exercised judicially and judiciously having regard to the established rules and conditions by both the statute and stare decisis. The paper revels that other factors exist aside the conditions enunciated in case laws and statutes which guide the court in the exercise of their discretion in granting bail. The paper therefore examines these conditions and brings into limelight those other conditions that work on the mind of the court which are not expressly stated in statute or case laws. Reliance was placed on case laws and statutes as primary sources of data. The paper finally concludes that the criminal jurisprudence of this country should be redressed by our courts to incorporate these new factors among the existing ones while delivering their rulings on bail application or better still, the conditions should be incorporated in addition to the ones in the Administration of Criminal Justice Act.