Bail application in court is moved just like every other motion in court. Every motion before a judge must consist of the motion, an affidavit and written address. Sometimes Counsel can move in terms of motion paper. Below is the procedure for moving a motion for bail orally in court.
1. My lord before you is a motion for bail dated…..and filed…..
2. This motion is brought pursuant to………and under the inherent jurisdiction of this court
3.My lord, we seek the following reliefs
An order of the court admitting the accused person/applicant to bail pending the determination of his trial and for such further orders as this honourable court may deem fit to grant in the circumstances.
4. My lord, our motion is supported by a 15 paragraph affidavit sworn to by………
5.We rely on all the paragraphs of the affidavit particularly paragraphs 7 to 14..
6. My Lord, we have also filed a written address in support of our application. We wish to adopt same as our argument.
7.My lord it is trite law that for an applicant to be granted bail, the applicant must satisfy bail conditions and the applicant has done so.
8.We humbly pray this honourable court to grant bail to the accused on liberal terms
May it please the court. We are very grateful, my lord.