Lawyer explains bail bonds procedures

A US-trained lawyer, Aloy Ejimakor Esq. has explained the procedures for the execution of bail bonds in criminal matters. Bails involve the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money (usually as bonds) is lodged to guarantee their appearance in court. However, in jurisdictions such as Nigeria […]

A US-trained lawyer, Aloy Ejimakor Esq. has explained the procedures for the execution of bail bonds in criminal matters.

Bails involve the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money (usually as bonds) is lodged to guarantee their appearance in court.

However, in jurisdictions such as Nigeria where criminal data are scarce, jumping bail by accused persons is a regular feature.

However, Ejimakor said the mere perception that an accused person has jumped bail does not automatically result in the forfeiture of the bonds lodged in court to the authorities.

“The procedure for forfeiture of bail bond must be strictly followed before an accused person can be said to have jumped bail. These steps are: (a) The surety must be asked to show what steps he took to bring the accused to court; (b) The bail bond must be exhibited. See Tea v. COP [1963] NNLR 77; COP v. John & Anor. [1981] NLR 139; (c) The surety is called upon to pay the penalty or show cause why bail bond should not be forfeited; (d). Where no satisfactory reason is given, the court shall recover the bond,” he said.

In situations where the surety, who made the bond to produce the accused is being compelled to forfeit the bond, Ejimakor said the court should examine Order 26(C), Rule 14, Federal High Court (Civil Procedure) Rules and other similar rules of various courts, which allows the surety room to show cause or produce evidence and facts to satisfy the court to discharge or vary the order.