The Chief Registrar of the Kano State High Court, Alhaji Abdullahi Ado Bayero has said that granting bail to person standing trial before the court, does not mean a compromise from Judiciary.
He said stressed that every person standing trial before court is entitled to have bail on if the case he is facing touches on Capital offences.
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The Chief Registrar made this remarks while clearing air on allegations that Kano Courts grant unilateral bails without due processes.
He said bail is a right of the defendant not a favour, “Court is not doing any favour to the person standing trial but fulfilling its obligation of ensuring justice in a trial.”
He however said granting bail to the defendant is discretionary power of the court which is also excersise judicially and judiciously.
The Legal Luminary explained that though admitting defendant to bail is always his right, noting that the Court put into cognisant the nature of the offence the defendant is being charged with.
“Capital offences are not ordinarily bailable, such as culpable homicide, rape, armed robbery, treason among others,
Similarly, a judge can grant bail in misdemeanor offences which include: petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, shoplifting, vandalism, reckless driving, indecent exposure, and possession of cannabis for personal use among others”
He further explained that in every criminal trial, justice is three way tripod: to the complainant, defendant and Society.
He dispelled the insinuation that Kano judiciary grant bail arbitrary, insisting that Magistrates and Judges follows laid down procedures acccording to the extant Laws before granting bail.
” Constitution of Federal Republic Nigeria 1999 as amended provides that, “Every Person standing trial in criminal matter is presume to be innocent until prove guilty by competent court of jurisdiction”
“You detain defendant in custody for many period and at the end of the trial you find no culpable against him, you discharge him, what is his faith? this is infringement of his rights.”
The Chief Registrar emphasized that granting bail help in decongesting Custodial facility.
“If you look at what is happening now, there is a lots of Inmates waiting trail in correctional facility, without being convicted”
“Our statics at hand revealed that those who are waiting trial are much more than those who are convicted”
He further explained that was the reason Government introduce policy on Correctional facility decongestion.
“This is the reason we encourage Judges and Magistrates to grant bail where the offences are bailable” he added.
