Section 36(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) says everybody who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty.
Section 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees the right to freedom of movement and the right to freedom of movement includes the right to leave and enter Nigeria.
SECTION 30 and 31 of the ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015 obligates the Police to release persons arrested or under investigation on bail before INQUIRY or INVESTIGATION is completed.
In all these, in court bail is a discretion, which the trial judge must exercise judicially and judiciously, based on the nature of the case and other material evidence before the court and this is why the Court can give conditions such as deposit or submission of international passport.
During investigation, bail by police is not discretionary, rather it is an entitlement. It is unconstitutional therefore for the police to give a bail condition, such as submission of international passport. International Passport is one of the means of exercising constitutional right to freedom of movement. For someone under mere inquiry or investigation therefore to be given such bail condition, before filing a charge, is tantamount to taking away the constitutionally guaranteed right of the person under investigation.
Tope Temokun
January 28, 2025.