Stringent Conditions Of Bail

Bail is a process whereby a person accused or being  charged for the  commission of an offence is released by the constituted authority which is detaining him/her  on the condition that he/her will appear or report to a police station or court or other identified location in future  whenever his/her presence is required or so ordered. The right to bail is a constitutional  right  as  provided  for under Section  35 (1) and 38 of the 1999 Constitution of the Federal Republic  of Nigeria. It is also not unconnected with the right to presumption of innocence as well as the right to  fair  trial  guaranteed by the same Constitution. Thus, the power  of a court  to grant  bail is not inherent as such. It has  constitutional and statutory foundation. Thus, in Ikotun V. FRN & Anor (2015) LPELR. 24684 (CA) the court per Nimpar J.C.A. said, bail pending trial generally is of right to a person accused of communities a crime.
When a person is granted bail, some of the conditions for the grant of bail may include:
–    To appear in court at certain date,
–    Living at a particular address
–    Not contacting certain persons
–    Giving his/her passport  to police or other law enforcement agencies.
–    Reporting to police station at an agreed time.
–    Getting sureties with landed properties
–    That the sureties must undertake to forfeit a certain amount of money on event that the accused does not attend court as required.
Some persons are of the opinion that when bail  conditions begin to infringe on the accused person’s  fundamental human rights, it becomes a violation of the provisions of the Constitution on human rights. The courts, according to them, granting of bail contrary to the provisions of the constitution ought  not to be obeyed.
In my opinion,  this reasoning is lopsided, this  is because the same Constitution in Section 45 (1)  which is restriction and derogation from fundamental rights, states thus;
“Nothing in Sections 37,38,39,40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society.
a)    In the interest of defence, public safety, public order, public morality or public  health.
b)    For the purpose of  protecting the rights and freedom of other persons.
My question now is: is it reasonably  justifiable  that a person granted bail should not be found in the midst of more than ten persons  (even with a large family).

Nkechi Bright Ewere