The Right to Bail and the Implications of the Presumption of Innocence under the Criminal Procedure Code (CPC): A Practice Approach

  • Keme Nicholas Ogbe
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  • Keme Nicholas Ogbe

    Assistant Lecturer at Department of Business Law, University of Buea, Cameroon

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This study assesses the right to bail and the implication on the principle of presumption of innocence under the Criminal Procedure Code of Cameroon (CPC) from a practice-based approach. Employing the qualitative research methodology and the doctrinal method that involves in-depth analysis of Conventions, statutes and cases, it is revealed that trial proceedings in Cameroon often violate the right to bail of the defence as was the case in Ndula Raphael Fuambokang by Justice Anne Ngem Afong of the Fako High Court.The only moment when substantial justice can be done to the defence is when a criminal trial is conducted in strict respect of the accused person’s right to bail ranging from investigation to arraignment, trial and judgment and appeals if necessary. It is therefore recommended that the CPC should be amended to mandate the court to consider bail as a fundamental human right that must be granted if the suspect meets the requirements for bail.




International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 1232 - 1245


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