The Constitutional Framework for Bail in Nigeria: A Critical Appraisal

Abstract

INTRODUCTION

The Constitution guarantees the right to personal liberty and stipulates the circumstances under which a person could be deprived of his liberty. One of such circumstances is upon a reasonable suspicion of his having committed a criminal offence or for the purpose of preventing him from committing a criminal offence. Such deprivation of liberty involves arrest which may normally be followed by detention which will give rise to the issue of bail. One question that arises is whether a person could be arrested for reasons or purposes not prescribed in section 35 of the Constitution.