Bail is a fundamental right guaranteed under the Nigerian Constitution and the Administration of Criminal Justice Act (ACJA), 2015. But what happens when a court has already refused bail—can it later reverse itself and grant bail?
The short answer is yes—a Nigerian court can revisit and grant bail after previously denying it. This post explores the legal basis for such a review, relevant statutes, and case law guiding the court’s discretion.
Legal Foundations for Bail
Under Section 35(1) and (4) of the 1999 Constitution of the Federal Republic of Nigeria, every person who is arrested or detained is entitled to personal liberty and must be brought before a court within a reasonable time. Section 36(5) further guarantees the presumption of innocence.
The ACJA reinforces these rights:
Section 158 ACJA 2015 affirms that a suspect or defendant is entitled to bail, subject to the conditions under the Act. Section 162 ACJA allows a court to deny bail only if there are reasonable grounds to believe the defendant may: Commit another offence Evade trial Interfere with witnesses or investigations Destroy evidence Jeopardize justice Section 163 ACJA states that in all other circumstances, the defendant shall be entitled to bail. Section 165(1) ACJA grants the court discretion to set bail conditions, provided they are not excessive.
Can the Court Review a Previous Denial of Bail?
The law is settled that a court of competent jurisdiction can review an earlier decision refusing bail, especially where new facts or circumstances are presented.
In Okoronkwo v. FRN (2013) LPELR-22564(CA), the Court of Appeal held:
“A court, in the course of criminal proceedings before it, has the power to… admit to bail an accused it had earlier refused to admit to bail. This is an inherent power it can exercise to control proceedings before it and ensure a fair trial process… If the court subsequently becomes aware of facts that show that the accused is entitled to bail and declines to exercise jurisdiction to admit the accused to bail simply because it had previously refused him bail, this will render the fair trial of the accused suspect and violate his fundamental right to personal liberty.”
This principle was further reinforced in Umolu v. FRN (2019) LPELR-49515(CA), where the Court emphasized the ongoing duty of trial courts to assess bail eligibility at every stage of proceedings.
When Will a Court Reconsider Bail?
Courts may be persuaded to revisit a bail refusal in the following circumstances:
New Material Facts: If the defendant provides fresh evidence or circumstances—such as ill health, delay in prosecution etc.
Ineffective Assistance of Counsel: If the initial refusal was based on an incomplete or defective application due to counsel’s negligence because the law is clear that negligence of counsel should not be visited on a party. See Indabawa v. Magashi & Anor (2016) LPELR-41626(CA).
Improper Grounds for Initial Refusal: If the refusal was not grounded in any of the exceptions listed in Section 162 ACJA.
Practical Implications
The court’s power to review an earlier bail ruling is part of its inherent jurisdiction and is necessary to uphold the integrity of the criminal justice process. A rigid refusal to entertain a second application, regardless of new facts or errors in the previous hearing, would conflict with the principles of fairness, presumption of innocence, and access to justice.
Conclusion
Yes, a Nigerian court can—and should—reconsider and possibly grant bail even after an earlier refusal, provided that new facts, changed circumstances, or legal deficiencies in the previous application are properly presented.
Bail is not a one-shot request; it is a continuing right.
Disclaimer:
This post is for informational purposes only and does not constitute legal advice. Consult a qualified legal practitioner for advice specific to your case or jurisdiction.
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