LEGAL PRINCIPLE: CRIMINAL LAW – Bail Pending Trial – Factors for Consideration – Availability of Accused to Stand Trial
PRINCIPLE STATEMENT
It is the essence of the matter that the evidence available (usually by the proofs of evidence) filed by the prosecution in court be examined when considering bail. Further facts and circumstances may be brought forward by way of affidavit evidence. It could well be that it is the likelihood of the accused making himself available to stand his trial in any given case that may be of paramount concern. There is authority for saying that it is a proper and useful test whether bail should be granted or refused to consider the probability that the accused will appear in court to take his trial: see R. v. Robinson (1854) 23 L.J.Q.B. 286; Mamuda Dantata v. Police (1958) NRNLR 3. In that regard it is proper to consider the nature of the offence, the nature of the evidence in support of it, and the severity of the punishment which conviction will entail.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Bamaiyi v. State & Ors (2001) NLC-2922000(SC) at pp. 23–24; Paras D–B.
"It is the essence of the matter that the evidence available (usually by the proofs of evidence) filed by the prosecution in court be examined when considering bail. Further facts and circumstances may be brought forward by way of affidavit evidence. It could well be that it is the likelihood of the accused making himself available to stand his trial in any given case that may be of paramount concern. There is authority for saying that it is a proper and useful test whether bail should be granted or refused to consider the probability that the accused will appear in court to take his trial: see R. v. Robinson (1854) 23 L.J.Q.B. 286; Mamuda Dantata v. Police (1958) NRNLR 3. In that regard it is proper to consider the nature of the offence, the nature of the evidence in support of it, and the severity of the punishment which conviction will entail."
EXPLANATION / SCOPE
The paramount concern in bail applications is whether the accused will make themselves available to stand trial. Courts examine the prosecution’s proofs of evidence and any affidavit evidence. Factors include: nature of the offence, strength of evidence, and severity of potential punishment. Serious offences with strong evidence and severe punishment increase flight risk. The test is the probability of the accused appearing for trial. The court has discretion to refuse bail where there is good reason to believe the accused will abscond. The principle balances the presumption of innocence with ensuring the accused’s presence at trial. The court may also impose conditions to secure attendance.
