HOW TO WRITE AN APPLICATION FOR BAIL | GRANT FROM COURT OR POLICE


This is a sample of how to write an application to grant bail to someone in police custody or in a court case. If you are writing a similar application, just replace the words in bracket with your own suitable words to accomplish your purpose.

IN THE HIGH COURT OF EBONYI STATE OF NIGERIA
IN THE OHAOZARA JUDICIAL DIVISION
HOLDEN AT OBIOZARA


Motion…………….……..
Charge No MAB/960c/2012
BETWEEN:                                                                       
COMMISSIONER OF POLICE
AND
NAME HERE & 2 OTHERS
RE:     APPLICATION FOR BAIL BY NAME HERE

MOTION ON NOTICE
BROUGHT PURSUANT TO SECTION 118(2) OF CRIMINAL PROCEDURE LAW, EBONYI STATE OF NIGERIA, SECTIONS 35(4) AND 36(5) OF THE CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA 1999 AS AMENDED

TAKE NOTICE that this Honourable Court will be moved on the _________ day of ________ 2012 at the hour of 9 O’clock in the forenoon or so soon thereafter as the Accused/Applicant or counsel on his behalf may be heard praying this Honourable Court for the following:
1.         An order admitting the Accused/Applicant to bail pending trial in Charge No. MAB/960c/2012.
2.         And for such other orders as the Honourable court may deem fit to make in the circumstances.
Dated this………………day of …………………2012

                                                                                                ____________________
                                                                                                F.C. Duru Esq.
                                                                                                Applicant’s Counsel
                                                                                                27 Ngodo Road
                                                                                                Afikpo
Address for Service
1.         Complainant
            D.P.P Afikpo
2.         Accused/Applicant
            C/o his Counsel as above

IN THE HIGH COURT OF EBONYI STATE OF NIGERIA
IN THE OHAOZARA JUDICIAL DIVISION
HOLDEN AT OBIOZARA

    Motion……….…………..
Charge No. MAB/960c/2012
BETWEEN:                                                                       
COMMISSIONER OF POLICE
AND
(NAME OF DETAINEE HERE)
RE:     APPLICATION FOR BAIL BY (NAME OF SUPPORTER HERE)

AFFIDAVIT IN SUPPORT OF MOTION FOR BALL
I, Mr. (NAME), trader, Christian, and a native of (PLACE: LGA) do make Oath and state as follows:
1.         That I am the elder brother of the Accused/Applicant and therefore very conversant with the facts of this case.
2.         That I have the constant and oral authority of the Accused/Applicant to depose to this Affidavit on his behalf.
3.         That the Accused/Applicant informed me on the (DATE) at the Federal Prisons, by (TIME) and I verily believe him as follows:
(a)       That he did not commit the offence as contained in the charge sheet.
(b)       That he has a reasonable surety
(c)       That he will not jump bail
(d)       That he has no previous criminal record
(e)       That he will not interfere with the proceedings of this trial
(f)        That he will not commit any offence
(g)       That he was arraigned before the Chief Magistrate Court, (DATE) in charge No: MAB/960c/2012 herein marked as Exhibit “A”
(h)       That because of Court 2 of the charge, the court lacked jurisdiction to try the case and he was remanded at the Federal Prisons having been refused bail. The record of proceeding of the court is hereby annexed as Exhibit “B”.
4.         That I make this Affidavit in good faith believing its content to be true to the best of my knowledge and in accordance with Oaths Law.

                                                                                                ____________________
                                                                                                D  E  P  O  N  E  N  T

Sworn to at the High
Court Registry, (NAME HERE)
This ……….day of ………2014

BEFORE ME
_________________________
COMMISSIONER FOR OATHS
IN THE HIGH COURT OF (NAME OF STATE) OF NIGERIA
IN THE (LOCATION) JUDICIAL DIVISION
HOLDEN AT OBIOZARA

Motion…………..
Charge No. MAB/960c/2012
BETWEEN:                                                                       
COMMISSIONER OF POLICE
AND
(NAME HERE) & 2 OTHERS
RE:     APPLICATION FOR BAIL BY (NAME HERE)
WRITTEN ADDRESS
This is a motion for bail brought pursuant to section 118(2) of Criminal Procedure Law, (Name of State of Nigeria), Sections 35(4) and 36(5) of the Constitution of Federal Republic of Nigeria 1999 as amended, praying the Honourable Court for the following orders:

1.         An order admitting the Accused/Applicant to bail pending trial in charge No. MAB/960c/2012
2.         And for such other orders as the court may deem fit to make in the circumstances.

This Application is supported by 4 paragraphs affidavit deposed to by one Mr. (Name Here) an uncle to the Accused/Applicant. We also have two annexure attached to the application viz; the Charge Sheet and the record of proceedings from the Lower Court marked as Exhibit “A” and “B” respectively.

It is trite law that bail is a constitutional right of every accused person, as he is presumed innocent until the contrary is proved. See sections 35(4) and 36(5) of 1999 Constitution as amended supra; OSHINAYA V. STATE (2005) 4 ACLR 342, IGAGO  V.  STATE (2001) 2 ACLR 104.

Granting of bail is at the discretion of the Court, which must be exercised judiciously and judicially, see OGBHEMHE V. COP (2001) 2 ACLR 1.

We equally submit that Exhibit “A” which is the alleged charge is a mere holding charge which is unknown to law and consequently rendered the Applicant’s detention illegal, null and void and he is accordingly entitled to bail. This is the decision of the Court in the following cases: Shagari v. COP (2007) 5 NWLR (Pt. 1027) p. 279; Shinaya V.COP (2004) 17 NWLR (Pt. 901) P. 293. See also S. 35 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

It is pertinent to submit that the cardinal essence of grating bail is to secure the attendance of the Applicant to court during the time of his trial, if any, as he is presumed innocent until the contrary is proved. See Enwere v. COP (1993) 6 NWLR p. 229. See also Garuba v. State (1997) 3 NWLR (Pt. 492) P. 144. May we humbly refer my Lord to s. 36 (5) of the Constitution of Federal Republic of Nigeria Supra.

May we most humbly refer my Lord to the averments in the affidavit in support of the motion particularly paragraphs 3 (a)-(h) where the Accused/Applicant has adduced reasons why the Court should exercise her discretion in his favour.

PRAYER
It is our humble prayer that my Lord should grant the Accused/Applicant bail on favourable and light terms thereby exercising my Lord’s discretion in favour of the Accused/Applicant as herein before prayed. May it so please my Lord.

Dated this day ……………….. of …………………., 2014


                                                                                    _______________________
                                                                                    (Name of Solicitor) Esq
                                                                                    Applicant’s Counsel
                                                                                    (Address Here)

ADDRESS FOR SERVICE

1.         Complainant
            D.P.P (Address Here)

2.         Accused/Applicant
            C/o his Counsel as above
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