The Constitutional Right With A Risk Clause
The Legal Fine Print Nigerians Never Read
CONSTITUTIONAL rights sound powerful when quoted, but incomplete when applied. Bail is one of those rights most Nigerians claim but few truly understand.
The law does not ask:
“Did you demand bail?”
The law asks:
“Can you be released safely without damaging the process?”
This question is the heart of bail jurisprudence.
Serious Allegations, Serious Delays: The Lawful Reason
Terrorism, homicide, armed robbery, large-scale financial crimes, corruption, witness-heavy cases, and evidence-sensitive prosecutions often involve delayed bail hearings. This delay is not unlawful. It is legally strategic. The system must first determine whether granting bail will:
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Collapse evidence trails,
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Intimidate witnesses,
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Endanger victims,
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Or weaken public confidence in justice.
In law, a right does not suspend risk.
The Court’s Dual Loyalty
Courts are loyal to:
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Your constitutional liberty, and
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The society’s constitutional safety.
When both collide, the law commands the court to pause, evaluate, and decide—not react.
The Editorial Verdict
You have the right to request bail. You do not have the right to rush the system into granting it.
Bail is your right. Custody is the system’s duty when your release threatens truth.
