By M.O.Idam
The process of a criminal trial is as follows: arrest, investigation, and trial (which includes arraignment, and the grant of bail or remand pending trial), followed by judgment. The judgment may result in either a discharge and acquittal or a conviction and sentencing of the accused/defendant. Where the defendant is sentenced, he is required to serve the sentence in a correctional centre.
The complainant’s only legal role in the above process is the filing of a complaint against his suspect, who may then be arrested by the law enforcement authority. Investigation and prosecution are the exclusive responsibilities of the law enforcement authority, its prosecutors, and the court.
By implication, the complainant has no controlling power in this process, except to attend court and give testimony as a witness or nominal complainant. Beyond that, he remains essentially an observer in the justice process, which is primarily between the accused/defendant and the State or law enforcement authority.
The complainant is not vested with the power to remand, detain, or imprison the accused/defendant; such powers reside exclusively in the court, which exercises them based on the circumstances of each case. Where the offence is one that warrants bail on liberal terms, the accused is accordingly admitted to bail. Conversely, where the circumstances require more stringent conditions, the court may impose such conditions, which may make the grant of bail difficult. In such instances, the accused may be remanded in custody until the bail conditions are fulfilled, or until they are varied and subsequently perfected, upon which his release is secured.
Some offences warrant liberal or soft bail conditions, while others do not. Offences, and their corresponding bail requirements, are categorized into ordinarily bailable offences, bailable offences, and non-bailable offences.
An ordinarily bailable offence is one for which, upon conviction, the punishment does not exceed three years’ imprisonment; such offences are generally not considered serious. However, bail may still be denied if there is a risk that the accused/defendant may abscond, interfere with the investigation, or commit a similar offence.
A bailable offence is one that does not attract life imprisonment or capital punishment upon conviction. Conversely, a non-bailable offence is one that carries life imprisonment or the death penalty as a possible sentence.
However, the grant of bail whether for an ordinarily bailable offence, a bailable offence, or a non-bailable offence remains at the discretion of the court.
CONCLUSION:
No individual possesses the legal power to “send a person (a defendant) to prison,” regardless of their influence, connections, or authority. If anyone claims or acts as if they have such power, it indicates not only corruption on their part but also a corruption of the system itself. Such a person should be reported for openly confessing to this abuse of power.
List of Authorities:
1. Section 117 of the Criminal Procedure Act (CPA)
2. Section 162 of the Penal Code (Northern Nigeria.
3. Section 33–36 of ACJA 2015 of Admnistration of Criminal Justice Act 2015.
4. Section 115 – Grant of Bail of Lagos State Administration of Criminal Justice Law.
M.O.Idam
In this article