Bail is a Right, not a Weapon – FIACIJ

Convener of the Fight Against Corruption in the Judiciary (FIACIJ), Mr Bayo Akinlade, has blamed overcrowding in the Nigerian Custodial Centres on the “high-handedness” by some courts towards bail.

Akinlade told newsmen that where a court denies an accused person bail for a bailable offence, then such judge or magistrate has contributed to overcrowding the correctional centres.

According to him, the Administration of Criminal Justice Act (ACJA) spells out the conditions for arrest and detention, regretting that the conditions have often been ignored by the courts.

He, consequently, urged the judiciary to give true meaning to the provisions of the ACJA and ensure that bail is not denied in deserving cases.

“The provisions for arrest and detention are clear in the Administration of Criminal Justice Act and Law.

“However, the courts often choose to ignore these provisions, and by doing so, continue to allow the ‘gestapo’ method of arrest by the police,” he said.

Akinlade noted that the 1999 constitution, which is the grundnorm, provides that an accused is innocent until the court says otherwise, thus necessitating the requirement for bail.

“We have laws that ensure that at the preliminary stage of arrest, suspects are entitled to be treated as innocent until proven guilty.

“This assumption continues even during and after arraignment, hence the provision for bail,” he said.

He, however, noted that the lower courts often miss the point of bail and, consequently, have ‘weaponised’ their discretion without due regard to the damage caused by their decision.

Akinlade added that where suspects are indiscriminately thrown into custody, it creates an imbalanced criminal justice system, thereby often causing mental health issues for the affected individuals.

“The essence of bail is simply to ensure that the suspect attends to his case in court and there are certain conditions that are laid down before the granting of bail,” he said.

Akinlade, consequently, urged the judiciary to ensure that bail is strictly used as a means of ensuring attendance of a defendant in court, rather than as a ‘weapon’ or punishment. (NAN)