CHAPTER ONE

INTRODUCTION

Background to the study

The concept of bail is very important in the administration of justice in any legal system and this is because the law is well settled that an accused person is considered innocent until he has been proven guilty in a court of law[1]. Thus, where an accused person is arrested on the suspicion/allegation that he has committed a crime, the law provides that such an accused person must not be unduly detained in police custody as a form of punishment because the mere fact that a person has been alleged to have committed an offence does not necessarily mean that he is guilty of the offence.

Section 35 (1) of the 1999 Constitution of Nigeria guarantees the right to personal liberty of all Nigeriansand Section 35 (5) of the 1999 Constitution of Nigeria provides that an accused person who has been arrested on the allegation of having committed an offence must be charged to court within 24 hours where a court of competent jurisdiction is located within a radius of forty kilometers from the police station; and where a court is located within a radius above forty kilometers from the police station, the accused person must be charged to court within 48 hours or such longer period as a court might consider reasonable.

Bail is therefore a right of every accused person although several factors are usually taken into consideration before an accused person can be granted bail.

It is important to point out that the concept of bail is largely misunderstood in Nigeria and this is because a lot of Nigerians believe that once an accused person who is being tried or investigated for an offence is released on bail this automatically signifies the end of the matter. These set of Nigerians therefore feel that bail applications must be always be opposed whenever an accused person makes an application for bail.

Aim and Objectives of the Research

The aim of this research is to appraise the protection of the rights of a  in Nigeria, in order to achieve the following objectives.

i.                   To analyze the extent of bail administration in Nigeria.

ii.                 To examine the efficacy of intergrity on  police bail administration 

iii.              To identify the challenges in the protection of the rights of Nigerians in cases of police bail administration.

iv.               To provide recommendations to the challenges. 

Scope of the Research

The scope of the research is confined to the examination of following:

(i)               Identifying possible problems that maybe encountered in the course of implementing police bail .

(ii)             Providing viable options in terms of general and specific recommendation on how to protect the rights of the  in Nigeria in bail administration.

Significance of the Research 

This research is to locate the extent to which the implementation of the Nigeria  Rights Law 2010 addresses the issue of protection of the rights of the  in Nigeria and Nigeria. It will serve as an additional literature to the existing one and when people read it, it will create awareness for the protection of the rights of the  and prevention of  abuses, by so doing the public will be better informed and it will in turn contribute to guaranteeing lasting respect for and the enforcement of  rights in Nigeria and Niger at large. This research will be useful as a source of material to legislators, executives, the judiciary, lawyers, student engaging in related studies and the general public.

Research Methodology 

The research methodologies adopted here are doctrinal and empirical research methodology.

Doctrinal method means “theorizing without considering the practical consequences. It is called a visualized research, imaginative research,   unpractical research, a visionary research or onceptual research”[2]. The researcher went through volumes of books, statutes, and cases in the area of the law this research covers.

Empirical Method “involves the collection of fact and data through interviews, questionnaires from target groups. The fact and data are later analyzed or experimented upon, from which result are obtained. It is also called field-oriented method of research”[3]. It include visit to Governmental and non- Governmental organizations based in Nigeria relevant on the general issue of  protection and implementation of  Rights Law 2010, of Nigeria to interview individuals and administer questionnaire. 

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