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