OSHA Proposes New Bail Discretion Bill to Curb Punitive Bail Conditions

Osun State House of Assembly Proposes New Bail Discretion Bill to Curb Punitive Bail Conditions

The lawmaker representing Oriade State Constituency, Honourable Kanmi Ajibola, presents before the House for legislation the Osun State Bail Discretion Bill, 2025.

The lawmaker, who doubles as the Chairman of the House Committee on Legal and Judiciary Matters, Honourable Kanmi Ajibola, has presented before the state parliament's hallowed chambers the Osun State Bail Discretion Bill, 2025.

At the plenary held on Tuesday, the Oriade State Constituency-born eloquent lawmaker's proposed bill was introduced by the presiding officer of the state legislative arm of government, Right Honourable Adewale Egbedun.

The Osun State Bail Discretion Bill, 2025, aims to reform the bail system, providing more flexibility and fairness in granting bail to defendants.

Merits embedded in the introduced bill are: Reduced Congestion in Correctional Centers by granting bail more easily. The bill aims to decrease the number of inmates in correctional facilities, improving living conditions and reducing the risk of disease transmission, among other benefits.

The Osun State Bail Discretion Bill, 2025, also tends to ensure a Fairer Justice System. The bill promotes fairness by allowing judges to exercise discretion when granting bail, taking into account individual circumstances and the severity of the offense.

Another benefit, according to Honourable Kanmi Ajibola, is Increased Efficiency. By streamlining the bail process, the bill aims to reduce delays in the justice system, ensuring that cases are heard and resolved more quickly.

The bill, when passed into law, would also protect Human Rights. It aligns with human rights principles, which emphasize the presumption of innocence and the right to liberty.

Honourable Kanmi Ajibola also added that the introduced bill is aimed at reducing the Financial Burden. By granting bail more easily, the bill can help reduce the financial burden on defendants and their families, who might otherwise spend extended periods in detention awaiting trial.

The introduced bill Osun State Bail Discretion Bill, 2025, a legislative proposal aimed at standardizing and humanizing the process of granting bail across courts within the state.

The bill, titled "A Bill for a Law Seeking to Enact the Osun State Bail Discretion and for Other Connected Purposes, seeks to ensure that defendants are treated in accordance with the constitutional presumption of innocence and are not subjected to excessively harsh or punitive bail conditions".

While citing the authored of the bill Hon. Kanmi Ajibola which according to him, provisions of the bill, the law shall apply to all criminal charges emanating from Osun State, except for offences related to murder, manslaughter, kidnapping, armed robbery, and rape, which remain subject to the court's discretion.

Key highlights of the proposed bill include:

Definitions:

Court refers to the Osun State High Court, Magistrates’ Court, District Customary Court, and all other courts in the state with original criminal jurisdiction.

Defendant is the person facing a criminal charge upon arraignment.

Counsel means any legal practitioner duly enrolled by the Supreme Court of Nigeria, representing either the prosecution or the defence.

Presumption of Innocence:

The bill reiterates that every defendant charged with a criminal offence shall be presumed innocent until proven guilty. It affirms that none of its provisions shall invalidate the Osun State Administration of Criminal Justice Law, 2018 or the 1999 Constitution of the Federal Republic of Nigeria.

Liberal Bail Conditions:

The bill prohibits any court—except the High Court of Osun State—from:

Requiring formal written bail applications.

Mandating a civil servant of any grade as a surety.

Imposing punitive bail conditions.

Demanding a Certificate of Occupancy (C of O) for bail purposes.

Bail Adjournments and Remand Conditions:

The bill also stipulates that, aside from the High Court, no other court shall:

Adjourn for rulings on already argued bail applications.

Adjourn the perfection of granted bail. In such cases, the court must release the defendant to their counsel under an undertaking to produce the defendant on a later date, unless the counsel declines the responsibility.

Remand any defendant for bailable offences (as specified), unless the defendant is not represented or the counsel declines to undertake responsibility for the defendant.

Court Discretion and Constitutionality:

The bill requires that courts always consider the constitutional presumption of innocence when exercising discretion in bail matters. Courts must ensure that all bail conditions are "very liberal" and not used as a form of punishment.

The proposed legislation is seen as a significant step towards promoting access to justice and reducing unnecessary detention of defendants awaiting trial.

Honourable Kanmi Ajibola described the bill as a critical step toward achieving a justice system that is not only efficient but also respectful of the rights and dignity of all citizens. The proposed law, once passed, is expected to significantly enhance access to justice, decongest correctional centres, and promote a fairer legal process in Osun State.