CRIMINAL PROCEDURE — Bail — Grant of Bail Pending Trial — Discretion of Trial Court — Criteria for Exercise
Principle Statement
Principle Statement: The grant or refusal of bail pending trial is a discretionary power of the trial court, which must be exercised judicially by considering a range of established criteria, including the nature and gravity of the offence, the strength of the evidence, the likelihood of the accused absconding, and the risk of interfering with witnesses.Ratio Decidendi (Source): "When it comes to the issue of whether to grant or refuse bail pending trial of an accused by the trial court, the law has set out some criteria which the trial court shall consider in the exercise of its judicial discretion to arrive at a decision. Such criteria include, among others, the following: (i) the nature of the charge; (ii) the strength of the evidence which supports the charge; (iii) the gravity of the punishment in the event of conviction; (iv) the previous criminal record of the accused if any; (v) the probability that the accused may not surrender himself for trial; (vi) the likelihood of the accused interfering with witnesses or may suppress any evidence that may incriminate him; (vii) the likelihood of further charge being brought against the accused; (viii) the probability of guilt; (ix) detention for the protection of the accused; (x) the necessity to procure medical or social report pending final disposal of the case." Per Muhammad, JSC, in Dokubo-Asari v. FRN (2007) NLC-123-208-2006(SC) at pp. 6–7; Paras A–C.
Ratio Decidendi (Source)
Per Muhammad, JSC, in Dokubo-Asari v. FRN (2007) NLC-123-208-2006(SC) at pp. 6–7; Paras A–C.
"When it comes to the issue of whether to grant or refuse bail pending trial of an accused by the trial court, the law has set out some criteria which the trial court shall consider in the exercise of its judicial discretion to arrive at a decision. Such criteria include, among others, the following: (i) the nature of the charge; (ii) the strength of the evidence which supports the charge; (iii) the gravity of the punishment in the event of conviction; (iv) the previous criminal record of the accused if any; (v) the probability that the accused may not surrender himself for trial; (vi) the likelihood of the accused interfering with witnesses or may suppress any evidence that may incriminate him; (vii) the likelihood of further charge being brought against the accused; (viii) the probability of guilt; (ix) detention for the protection of the accused; (x) the necessity to procure medical or social report pending final disposal of the case."
Explanation / Scope
Bail is a constitutional right, but it is not absolute. The court’s discretion must be guided by a holistic assessment of the circumstances. No single criterion is decisive; the court must weigh all factors. The primary purpose of bail is to ensure the accused’s attendance at trial, not to punish. The criteria protect both the accused’s liberty and the public interest. The principle applies to all criminal trials and is binding on all lower courts. Failure to consider these factors or reliance on irrelevant ones constitutes a basis for appellate intervention.
