IN REPLY TO A QUESTION BY AN ARDENT MEMBER OF THIS PAGE-SIMON MARY DAVID IORKYAA ON AN EARLIER POST. The right to be released on bail is founded on ones right to personal liberty guarantee by section 35 of the Constitution of the Federal Republic of Nigeria 1999 as amended. The right is premised on the reasoning that every person has the freedom and right to enjoy his or her personal freedom unhindered and undisturbed except upon reasonable suspicion of commission of a crime that an arrest may be effected thereby restraining his or her personal liberty to freely move and enjoy his dignity as a human being. Reasonable time is defined in Section 35 subsection 5 of the constitution to mean in the case of an arrest or detention in any place where there is a court of competent jurisdiction within the radius of forty (40) kilometres, a period of one(1) day; and in any other case, a period of two(2) days or such longer period as in the circumstances may be considered by the court to be reasonable.
Posted on: Sat, 22 Nov 2014 09:40:53 +0000
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