Bail should not become punishment before trial – SAN

The Nigerian Bar Association (NBA)’s position that excessively stringent bail conditions undermine the constitutional guarantee of personal liberty has received strong backing from Senior Advocate of Nigeria (SAN), Dr Abiodun Layonu.

Speaking exclusively with the Nigerian Tribune on Thursday on measures to curb unnecessary pre-trial detention, Layonu stressed that criminal investigations must be conducted promptly and thoroughly before suspects are arraigned in court.

According to the senior lawyer, law enforcement agencies should ensure that investigations are substantially completed before filing charges, thereby reducing unnecessary delays in the administration of justice.

“Whenever there is an investigation, it should be done as quickly and as thoroughly as possible. By the time you charge a person to court, a substantially solid investigation ought to have taken place,” he said.

Layonu also endorsed the NBA’s recent position on bail, warning that imposing conditions that are excessively difficult to meet effectively denies an accused person the constitutional presumption of innocence.

“I fully agree with the NBA because if the conditions become too onerous and difficult to fulfil, then it is tantamount to a denial of the presumption of innocence,” the SAN said.

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The Senior Advocate noted that while courts have the discretion to determine bail conditions, each application must be considered on its individual merits, as circumstances differ from case to case.

“Each case must be treated on its merit because what applies to one case may not necessarily apply to another,” he said.

Layonu further maintained that bail is intended to secure an accused person’s attendance in court and should never serve as a form of punishment before conviction.

“Generally, bail is not supposed to be punitive. It is not supposed to violate the principle of presumption of innocence, and it is not supposed to amount to pre-trial detention,” he said.

He, however, acknowledged that the seriousness of an alleged offence remains a relevant factor that judges may consider when determining appropriate bail conditions.

According to him, while courts must protect the rights of defendants, judicial officers are also expected to take into account the nature and gravity of the charges before exercising their discretion on bail applications.