The Chief Registrar of the Kano State High Court, Alhaji Abdullahi Ado Bayero, has dispelled the insinuation that the Kano judiciary grants bail arbitrary, saying that magistrates and judges follow laid down procedures in accordance with the extant laws before granting bail.
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This is just as he stated that bail is a right of the defendant, not a favour, saying “the court is not doing any favour to the person standing trial but fulfilling its obligation of ensuring justice in a trial.”
He stressed that every person standing trial before the court is entitled to have bail in cases relating to capital offences.
The chief registrar made these remarks while clearing air on allegations that Kano courts grant unilateral bails without due processes.
According to him, granting bail to the defendant is the discretionary power of the court which is also exercised judicially and judiciously.
He explained that though admitting the 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.
His words: “Capital offences such as culpable homicide, rape, armed robbery, treason among others are not bailable.
“Similarly, a judge can grant bail in misdemeanour 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 a three-way tripod: the complainant, defendant and society.
The chief registrar however disclosed that the “constitution of Federal Republic Nigeria 1999 as amended provides that ‘every person standing trial in a criminal matter is presumed to be innocent until prove guilty by a competent court of jurisdiction.’”
He further emphasized that granting bail helps in decongesting custodial facilities.
“There are a lot of inmates awaiting trial in correctional facilities without being convicted.
“Our statics at hand revealed that those who are awaiting trial are much more than those who have been convicted.
“This is the reason we encouraged judges and magistrates to grant bail where the offences are bailable,” he added.
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