In deciphering the concept and practice of bail, two key words require definition. These are “surety” and “recognizance”.
“Surety” means a formal assurance especially a pledge, bond, guarantee, or security given for the fulfillment of an undertaking
“Recognizance” on the other hand is a bond or obligation, by which a person promises to perform some act or observe some condition, such as to appear when called, to pay a debt, or to keep the peace; specifically, an in-court acknowledgement of an obligation in a penal sum, conditioned on the performance or nonperformance of a particular act.
The definition ascribed to “bail” is combinative of the elements in the key words above.
“Bail” is thus defined as the process by which a person is temporarily released from custody either on the undertaking of a surety or on his or her own recognizance. It is the release of a person in custody on security for a future appearance; especially the delivery of a person in custody to a surety.
In the case of
Ojo v. F.R.N. (2006) 9 NWLR (Pt.984) pg. 103 the court defined “bail” thus:
Bail, generally, is the freeing or setting at liberty one arrested or imprisoned, upon others becoming sureties by recognizance for his appearance at a day and place certainly assigned, he also entering into self-recognizance. The accused/convict is delivered into the hands of sureties, and is accounted by law to be in their custody, though, they may, if they will surrender him to the court before the date assigned and free themselves from further responsibility.
In the case of
Onyebuchi v F.R.N & Ors. (2007) LPELR-4134(CA), the court defined it thus:
Bail is the process by which an accused person is temporarily released from state custody to sureties on conditions given to ensure his attendance in the Court whenever he is required until the determination of the case against him.
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