Examination of the Law, Principles and Procedure for Bail Pending Appeal in the Court of Appeal

Abstract

It is often thought, albeit wrongly, that a convict must irrevocably serve his 
sentence even when he has lodged appeal against his conviction to the Court of Appeal. Through doctrinal research technique, this paper examined the powers of the Court of Appeal under the Court of Appeal Act, 2004 and Court of Appeal (Civil Procedure) Rules, 2021 from wherein it established the unfettered power of the Court of Appeal to grant bail pending appeal. Plethora of judicial authorities considered in the paper were also unanimous that the Court of Appeal has the power to grant bail pending appeal although it is a judicial discretion that must be exercised judiciously. Being that an applicant for bail pending appeal is under a subsisting conviction by the lower Court, bail pending appeal is not a right. Hence the applicant must prove evidence of special or exceptional circumstance to warrant going on bail pending appeal. As this herculean burden is seldom discharged lightly, it was recommended that a convict who does not have convincing and credible evidence of peculiar circumstance should rather concentrate on diligent prosecution of his appeal than congesting the docket of the Court with an application for bail pending appeal.