Daily Law Tips (Tip 469) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

OFFENCES FOR WHICH BAIL MUST BE GRANTED BY ARRESTING AGENCIES WITHIN 24 HOURS

Arrest and detention are very expensive and must be last resorts.

Whenever a person is arrested and detained, the arresting agency plays the role of a hotel, offering bed and breakfast with tax payers fund. When there is detention, chances are higher that rights of arrested person (suspect) will be violated and legal actions will be taken against the arresting agency and its officers. It pays to arrest and grant bail within 24 hours or rush to court and obtain an order to detain/remand the arrested person.

By law, where a person is arrested without warrant, any security officer in charge of a station/center has powers to grant bail to an arrested person for every and any offence, so far as the offence is not one punishable with death. All the officer needs to do, is to inquire into the case and release the arrested person on bail with or without sureties, to ensure the arrested person returns to the station or appears in court.

Bail is FREE! You don’t need to pay any security person for you to obtain bail for yourself or for anyone. The bail bond(bail sum, bail condition money, bail surety money or bail guaranty money) is a sum to be signed on paper but not to be brought or given to any person unless the bailed person jumps bail(refuses to come back to station/court). By the way, any money you are to pay to government must be paid into government account through Remita.com and not to a government/security officer.

My authorities are sections 30(1),(2), 491, 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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