COUNTERACTING THE MENACE OF CORRUPTION OCCASIONED BY POLICE BAIL UNDER THE NIGERIAN CRIMINAL JUSTICE SYSTEM

Abstract

Purpose: This article argues strongly that in Nigeria, the expression "˜bail is free' is not a reality but only exists in theory and everyday conversation to the point that it has now become both a household expression and a clich. In reality, though, suspects who are arrested and are supposed to be granted bail when due are denied same ostensibly on the grounds of either not fulfilling the bail conditions or that investigation is still ongoing. The aim of this article, among others, is to proffer solutions to this growing problem of denial of bail on ostensible and unwarranted grounds. More often than not, the efforts of practitioners who visit Police divisions to secure their Client's bail are frustrated by disgruntled Police officers who insist on the Client parting with a certain amount of money before the grant of bail, thereby leaving the practitioner with the only option of resorting to the Court to secure his Client's bail.  This Paper deals, primarily, with bail by Police under the Nigerian Criminal Justice System and how to tackle the menace of corruption occasioned by Police bail. It x-rays the issues and challenges associated with bail by Police under the Nigerian Criminal Justice and proffers solutions to the challenges Practitioners face in dealing with the menace of extortion by some officers in the process of securing the bail of a suspect in Police custody. It will also identify the greatest challenge to curbing the extortion unleashed on unsuspecting citizens by Police under the Nigerian Criminal Justice System.

Methodology: In discussing and addressing the issues which have been identified in this article with regards to the concept of bail by Police, this article relies on textbooks, judicial authorities, journal articles and internet sources to arrive at a reliable conclusion. The methods used herein are also analytical, descriptive, doctrinal and non-doctrinal approach towards the trending issues addressed in this article.

Results: Instead of the clich "˜bail is free' being the case in Nigeria, the opposite is entirely the case. Bail is seen as a commodity that can be purchased from the Police Station and the amount to be parted with depends on the offence alleged to have been committed. Again, suspects are detained for longer periods of time pending the time his bail is successfully negotiated by his relatives. Police as an Institution is corrupt at an increasingly alarming level and needs a complete overhaul. This problem, of course, is not an impossible to overcome one.

Unique contribution to theory, policy and practice: This article, inter alia, has opined that Nigerian Courts have the rarest of privileges in playing a key role in reducing the quantum of corruption occasioned by Police bail in Nigeria. When suspect get speedy access to justice as well as speedy dispensation of same, they are less likely to part with money when detained. 

Police disciplinary procedures should be extended not only to officers who have broken monumental police codes but also to those officers who have detained suspects for more than the constitutionally required period; such ones should not only be liable to action in Fundamental Rights but also to Police disciplinary procedure.