NBA President Criticises Excessive Bail Conditions in Nigeria

The Nigerian Bar Association (NBA) has raised concern over what it describes as unrealistic bail conditions imposed on criminal suspects across the country.

The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has warned that increasingly strict bail conditions imposed by courts and law enforcement agencies are undermining constitutional rights and keeping many accused persons in custody despite being granted bail.

In a statement issued on Thursday, Osigwe said agencies such as the Nigeria Police Force, the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) often attach conditions that are difficult or impossible to meet.

He noted that requirements such as senior civil servant sureties on high grade levels and the presentation of landed property worth hundreds of millions of naira have, in many cases, turned bail into a form of pre-trial detention.

“The consequence is that many persons who are constitutionally presumed innocent and have ostensibly been granted bail remain incarcerated because the conditions attached to their release are beyond their reach,” he said.

Osigwe stressed that bail is intended to ensure that an accused person appears in court while preserving their liberty, and should never be used as a form of punishment before conviction. He cited the Supreme Court judgment in Suleman & Anor v. Commissioner of Police, Plateau State, which affirmed that bail is meant to secure attendance at trial through reasonable conditions.

He also referenced the Court of Appeal decision in Dasuki v. Director-General, State Security Service & Ors, where the court criticised the requirement for senior public officers as sureties, describing it as inconsistent with modern legal practice and public service realities.

According to him, the court observed that expecting a Grade Level 16 officer to own property worth N100 million is unrealistic and disconnected from economic realities. He further pointed to Section 165(1) of the Administration of Criminal Justice Act 2015, which requires that bail conditions be fair and not excessive.

Osigwe argued that restricting sureties to senior civil servants lacks legal and practical justification, stating that there is no evidence that such individuals are more reliable than other law-abiding citizens.

He called on judicial officers to ensure that bail conditions remain reasonable, proportionate and achievable, stressing that every accused person is presumed innocent until proven guilty.

“As guardians of the rule of law, we must collectively ensure that the constitutional right to bail remains meaningful and effective. Bail should not become a privilege reserved only for those with extraordinary means or connections,” he said.

Osigwe maintained that justice is best served when courts balance the rights of accused persons with the need to ensure their appearance at trial through lawful and realistic conditions.

Do you think bail conditions in Nigeria should be standardised to prevent excessive discretion?