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An Overview on the right to bail, Nigeria as a case study

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CHAPTER ONE

GENERAL INTRODUCTION

1.0.0: Introduction
When a suspect is described as having right, he is acknowledged to be entitled to something to which he has just claim under the law. By virtue of man’s creation, he has certain rights which are common to those of all other men. Most of the fundamental rights are in a sense natural right vested in every individual and to which he is entitled without any obligation or duty on the part of the government to provide facilities for their enjoyment.
Moreover, all fundamental rights are in the final analysis rights, which impose limitations on executive, legislative or judicial powers of the government and are accordingly easily justifiable. Fundamental Human Right entails universal humanity which men enjoys and shares with his fellow men whether he is a suspect or a freeman. This in its totality has informed the writing of this project.

1.1.0: Background To The Study
Based on the adoption of universal declaration of Human Rights and the incorporation of fundamental human rights in our constitution, basic fundamental human rights have been created and which should be respected by all men in the Nigeria society. Unfortunately however, many people in our society face untold hardship day in day out because they are denied their basic rights, which normally the Constitution of Nigeria would enforce even though they are suspects but because they are unaware of these rights they rarely or never claim them. However, those who are saddled with these responsibilities fail to do their work properly. In this respect, this project will discuss some of the rights and the major rights of the suspects and how it could be known, respected and enforced properly by those concerned.

1.2.0: Statement Of The Problem
Even though there is a universal declaration of Fundamental Human Rights and Chapter IV of the Nigerian constitution in Fundamental Human Rights, the practicality has not been perfect because of the prevailing situation of unlawful treatment of suspects in the country.
It is unlawful to treat suspect any how simply because they are being regarded as suspects. This clearly shows that the judiciary is aware of the right of an accused person and that it is sacrosanct and cannot be taken away unlawfully in this country. The violations of these rights have been so rampant in Nigeria.

1.3.0: Objective Of The Study
i. To study the relevance of the rule of law as a vital instrument for the protection and enjoyment of Fundamental Human Right and right to bail by the people most especially an accused person, who is the main centre of this work.
ii. To know the principle of the rule of law, through which the rights of the accused to bail can be respected and recognized by everyone.
iii. To enable the people know the best way to seek redress in the court of law whenever their rights are being infringed upon.

1.4.0: Purpose Of The Study
Ignorance as we all know is a disease, and has been earlier said, Nigerians generally are not well abreast of their legal rights even though it has been boldly written and spelt out in the Constitution of the country. But because every disease has a cure, the cure for the lack of awareness of these rights is the major purpose of this work particularly the right of an accused as stipulated in section 36 of the Constitution of the Federal Republic of Nigeria. Which are: Right to silence, Right to be presumed innocent until proved guilty, Right to an interpreter, Right to informed properly the nature and detail of the charge among others

1.5.0: Methodology
The method that will be used to carry out this work is descriptive and not analytical. Major primary and secondary sources of law would be considered for the proper
Overview or appraisal of this topic. The primary sources include the Constitution of the Federal Republic of Nigeria, mainly Chapter IV and Section 35 and 36; the Criminal Procedure Code; the Criminal Procedure Act; and the Child Rights Act. The secondary source includes the International Articles on pro-bono services.

1.6.0: Definition Of Terms
BAIL: can be defined as the process through which an accused person who is arrested on the allegation of committing an offence is released by a constituted authority upon the provision of adequate security guaranteeing that the accused person would report at the police station or in court for his trail whenever his presence is required.
ACCUSED: One charged with an offence
AUDI ALTERAM PARTEM: The other party must be heard
LEGAL AID: Free or inexpensive legal services provided to those who cannot afford to pay full price. Legal Aid is usually administered locally by a specially established organization
NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA: No one can be a judge in his own case
PRO BONO: Being or involving uncompensated legal services especially for the public good
PUBLIC DEFENDER: A lawyer or staff of lawyers, usually publicly appointed and paid, whose duty is to represent indigent criminal defendants
SUSPECT: A person believed to have committed a crime or offence. To consider wrong doing without certain truth
UBI JUS IBI REMEDIUM: Where there is a right there is a remedy

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Price: 4000 Naira (BSC, MSC)

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0: Introduction
When a suspect is described as having right, he is acknowledged to be entitled to something to which he has just claim under the law. By virtue of man’s creation, he has certain rights which are common to those of all other men. Most of the fundamental rights are in a sense natural right vested in every individual and to which he is entitled without any obligation or duty on the part of the government to provide facilities for their enjoyment.
Moreover, all fundamental rights are in the final analysis rights, which impose limitations on executive, legislative or judicial powers of the government and are accordingly easily justifiable. Fundamental Human Right entails universal humanity which men enjoys and shares with his fellow men whether he is a suspect or a freeman. This in its totality has informed the writing of this project.

1.1.0: Background To The Study
Based on the adoption of universal declaration of Human Rights and the incorporation of fundamental human rights in our constitution, basic fundamental human rights have been created and which should be respected by all men in the Nigeria society. Unfortunately however, many people in our society face untold hardship day in day out because they are denied their basic rights, which normally the Constitution of Nigeria would enforce even though they are suspects but because they are unaware of these rights they rarely or never claim them. However, those who are saddled with these responsibilities fail to do their work properly. In this respect, this project will discuss some of the rights and the major rights of the suspects and how it could be known, respected and enforced properly by those concerned.

1.2.0: Statement Of The Problem
Even though there is a universal declaration of Fundamental Human Rights and Chapter IV of the Nigerian constitution in Fundamental Human Rights, the practicality has not been perfect because of the prevailing situation of unlawful treatment of suspects in the country.
It is unlawful to treat suspect any how simply because they are being regarded as suspects. This clearly shows that the judiciary is aware of the right of an accused person and that it is sacrosanct and cannot be taken away unlawfully in this country. The violations of these rights have been so rampant in Nigeria.

1.3.0: Objective Of The Study
i. To study the relevance of the rule of law as a vital instrument for the protection and enjoyment of Fundamental Human Right and right to bail by the people most especially an accused person, who is the main centre of this work.
ii. To know the principle of the rule of law, through which the rights of the accused to bail can be respected and recognized by everyone.
iii. To enable the people know the best way to seek redress in the court of law whenever their rights are being infringed upon.

1.4.0: Purpose Of The Study
Ignorance as we all know is a disease, and has been earlier said, Nigerians generally are not well abreast of their legal rights even though it has been boldly written and spelt out in the Constitution of the country. But because every disease has a cure, the cure for the lack of awareness of these rights is the major purpose of this work particularly the right of an accused as stipulated in section 36 of the Constitution of the Federal Republic of Nigeria. Which are: Right to silence, Right to be presumed innocent until proved guilty, Right to an interpreter, Right to informed properly the nature and detail of the charge among others

1.5.0: Methodology
The method that will be used to carry out this work is descriptive and not analytical. Major primary and secondary sources of law would be considered for the proper
Overview or appraisal of this topic. The primary sources include the Constitution of the Federal Republic of Nigeria, mainly Chapter IV and Section 35 and 36; the Criminal Procedure Code; the Criminal Procedure Act; and the Child Rights Act. The secondary source includes the International Articles on pro-bono services.

1.6.0: Definition Of Terms
BAIL: can be defined as the process through which an accused person who is arrested on the allegation of committing an offence is released by a constituted authority upon the provision of adequate security guaranteeing that the accused person would report at the police station or in court for his trail whenever his presence is required.
ACCUSED: One charged with an offence
AUDI ALTERAM PARTEM: The other party must be heard
LEGAL AID: Free or inexpensive legal services provided to those who cannot afford to pay full price. Legal Aid is usually administered locally by a specially established organization
NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA: No one can be a judge in his own case
PRO BONO: Being or involving uncompensated legal services especially for the public good
PUBLIC DEFENDER: A lawyer or staff of lawyers, usually publicly appointed and paid, whose duty is to represent indigent criminal defendants
SUSPECT: A person believed to have committed a crime or offence. To consider wrong doing without certain truth
UBI JUS IBI REMEDIUM: Where there is a right there is a remedy

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