We have seen cases where courts gave close to near impossible conditions which leave the defendants finding it virtually impossible to meet thus perpetuating these defendants in prisons.
Judicial discretion is one feature intrinsic to the office of a judge or magistrate. The simplest best definition of discretion is the freedom to decide what should or should not be done in a particular situation.
Judicial discretion is not a term subject to legislative control; however, the Supreme Court of Nigeria has in so many cases held that where a court is required to exercise its discretion, the court must exercise it judicially and judiciously. The term judicious means showing good judgment in making decision. Other words synonymous with judicious are prudent, sage, sane, sapient, sensible, fair, just, practicable and wise.
One of the areas of criminal justice administration in Nigeria that courts are constantly confronted with exercising discretion is bail practice. Bail is a conditional release of a detained Suspect/Defendant in criminal investigation or proceeding pending the conclusion of investigation or trial or pending appeal after conviction.
In Nigeria today, apart from few sections in the various Administration of Criminal Justice Act and Laws of various States giving the courts the power to grant bail, there is currently no clear cut body of law in Nigeria stating what bail conditions should be. Most bail conditions are prescribed by individual judges and magistrates and these conditions in most cases have seen to be anything but judicious exercise of discretion.
There have been cases of total indiscretion and political interference in the discretion by courts, hence the thinking in some quarters whether leaving bail administration to the discretion of judges without any form of legislative guidance is still sustainable in the interest of justice.
We have seen cases where courts gave close to near impossible conditions which leave the defendants finding it virtually impossible to meet thus perpetuating these defendants in prisons.
There is therefore urgent need for a law regulating the conditions of bail in Nigerian Courts. It is a matter of common knowledge that the grant of bail to accused persons in criminal trials is by law left at the discretion of magistrates and judges who are under obligation to exercise these discretions judicially and judiciously having regard to all the circumstances of the case. However, experience has shown that the exercise of this discretion by most magistrates and judges in granting bail is far from being judicious particularly in cases where the state government/governors appear to have interest.