There are measures to mitigate convictions during pendency of appeals, says Okpoko | The Guardian Nigeria News - Nigeria and World News

The Supreme Court recently set aside the conviction of a senior advocate of Nigeria, who had suffered deprivation of liberty as pronounced by a trial court on the ground that he ought not to have been convicted on an alien charge.

That also is applicable to the Supreme Court act. A person can activate that provision, seeking for the Supreme Court to grant him bail, pending the hearing of his appeal at the court of appeal. Supreme court can also grant such bails. For me, I will not say such remedy does not exist. It is there. Whether or not the party will succeed is dependent on the strength of his application. If his or her application is strong and convincing enough, the court would grant it, but it is not automatic.

First, I want to make a clarification that when you use the word application, it is different. In law, application can come by way of a motion. Appeal is a substantial issue. The malicious prosecution issue you raised is entirely a different thing in law. Malicious prosecution comes under a civil action; it is a tortious matter. If a person feels that there was no reason to have been prosecuted, he can file a case of malicious prosecution and claim as much damages as he deems fit.

So, if the superior court discovers that the lower court erred in law, there should be no compensation for the fellow who was convicted by that lower court? Are there provisions in the law for the state itself to go after the complainant for wasting the time and resources of the state in prosecuting the unsuccessful case, if it turns out that it was actually a malicious act?

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