Have you ever heard the myth that women cannot apply for the bail of an accused or you have had the experience yourself? Read thread belowto stay informed and don’t forget for post your feedback by commenting below #law #bail #surety #women #StayHome #StaySafeNigeria #Legal

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BAIL is the temporary release of an accused person from state custody to sureties on conditions given to ensure his attendance in court or any place whenever he is required until the determination of the case against him.

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A SURETY in the bail parlance is a person who formally pledges or undertakes to become legally liable for the debt, default, or failure of the duty of the accused.

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There is a myth and erroneous belief of women’s incompetence to apply for bail or stand as sureties for an accused. This belief has been passed down and perpetuated by several law enforcement agents who believe women are incompetent to apply for bail or stand as sureties.

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In granting bail, the major interest is the appearance of the accused person at a certain day or time and not the sex of the surety. Thus, sex of a surety is inconsequential as long as the purpose of bail is achieved.

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Further, the law enforcement agents who refuse women from standing as surety or applying for bail has no legal backing as there is no provision in the Criminal Procedure Act, Criminal Procedure Code and Laws, the Administration of Criminal Justice Act or Law that forbids

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woman from applying for bail or standing as surety.

It is also discriminatory and retrogressive practice which negates Section 42 of the Constitution of Nigeria on Right of persons against discrimination on the basis of sex.