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BAIL BOND – PROPER PROCEDURE TO BE FOLLOWED BEFORE A SURETY CAN BE MADE TO FORFEIT HIS BAIL BOND

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“I am also in agreement with the court below that the proper procedure to be followed before a surety can be made to forfeit his bail bond is as follows:

  1. The order granting bail to the accused must be exhibited;
  2. The bail bond executed by the surety must be exhibited;
  3. The surety must be given an opportunity to show cause why the bail bond should not be forfeited i.e. he must be informed of exact nature of the breach complained of and given an opportunity to give evidence, call witnesses or give an explanation himself from the dock.

See: John & Anor. Vs C.O-P (2001) 2 ACLR 495: Amadu Tea Vs COP (1963) ANLR 502”. PER K.M.O. KEKERE-EKUN, J.S.C, in

FEDERAL REPUBLIC OF NIGERIA V ALH. ABUBAKAR MAISHANU & 2 ORS

LER [2018]SC.51/2015

SC.51/2015 https://legalpediaonline.com/federal-republic-of-nigeria-v-alh-abubakar-maishanu-2-ors/



   
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