A Comparative Analysis: The Practice of Bail Pending Trial in Nigeria and the United States of America

Abstract

Freedom of movement, expression and the Right to Life are essential in every democratic community. Where ever in the world there is threat to these rights, people tend to do the impossible to re-emphasize them. They revolt, protest and in some extreme cases riot. This article seeks examine Bail, the restriction it poses to these rights, the practice of bail in Nigeria and United States of America and lessons to be learned.Applying for bail, admitting a person to bail, terms and conditions under which such bail is to be granted, jumping of bail, bogus sureties all these are issues that have become hindrances to justice in the administration of criminal justice system in Nigeria. Often, persons in police custody who are released on bail, or accused persons on trial who are released by the court on bail, jump bail and disappear when they believe that there is overwhelming evidence against them. Unlike the system in the United States of America where every individual transaction is traceable, in Nigeria it is often the case that persons who jump bail remain within the jurisdiction of the court and are still impossible to trace. This makes it difficult for easy dispensation of justice as Nigerian Law does not recognize trial in absentee (in criminal cases). Eventually, the case is struck out by the Judge denying justice to the victims and the State. This weakens the belief of the masses in the Judiciary and in the administration of Criminal justice system in Nigeria encouraging people to resort to jungle justice and self help.