From Maduabuchi Nmeribeh, Kano
The Chief Registrar of Kano High Court, Prince Abdullahi Ado Bayero, has described as untrue, allegations that Kano courts grant bail to accused persons standing trial without due process.
The Chief Registrar in a chat with journalists on allegations that some courts in Kano grant bail to selective accused persons without due process, said such insinuation was a calculated attempt to dent the image of the courts by disgruntled elements who failed to get justice through the back door.
According to him, records of judgements leading to bail granting are always in public domain for scrutiny, insisting that courts in Kano, particularly, the High Courts, have continued to maintain integrity and sanity in dispensation of justice.
He said granting bail to persons standing trial before the court, does not mean a compromise by the judiciary.
According to him, “every person standing trial before the court is entitled to have bail on merit if the case he is facing touches on Capital offences.”
The Kano High Court Chief Registrar added that 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.”
Prince Abdullahi Ado Bayero further maintained that granting bail to the defendant is discretionary power of the court which is also excersise judicially and judiciously.
He 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 stated that, “in every criminal trial, justice is three way tripod: to the complainant, defendant and Society.”
The Chief Registrar, however, dismissed 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,” he said.
According to him, “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. That was the reason Government introduces policy on Correctional facility decongestion.
“This is the reason we encourage Judges and Magistrates to grant bail where the offences are bailable.”
