The President of the Nigerian Bar Association (NBA), Afam Osigwe, has raised concern about the strict bail conditions set by courts and law enforcement agencies. He believes these tough requirements could go against the purpose of bail as stated in the constitution.
In a statement on Thursday called "Bail Conditions Should Not Undermine the Essence of Bail," Osigwe pointed out a worrying trend in the justice system. He noted that bail conditions imposed by courts and agencies like the Nigeria Police, the Economic and Financial Crimes Commission (EFCC), and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) are becoming hard for many defendants to meet.
He mentioned that requirements like providing senior civil servants as sureties or offering valuable landed properties often mean that accused persons remain in detention even when bail is granted.
"We have observed with growing concern a disturbing trend in the administration of criminal justice in Nigeria where courts and law enforcement agencies increasingly impose bail conditions that are excessive, impractical, and difficult to satisfy," he said.
"The frequent insistence on sureties who are senior civil servants of specified grade levels, coupled with demands for landed properties of extraordinary value, has in many cases transformed bail from a mechanism for securing attendance at trial into a tool of pretrial detention."
Osigwe emphasized that bail is a constitutional protection meant to ensure that an accused person shows up in court while keeping their personal freedom until the case is decided.
He pointed out that the law requires bail conditions to be reasonable and achievable. He reminded everyone that the Supreme Court has previously ruled that bail pending trial should allow an accused person to enjoy freedom before trial, as long as they can meet the conditions set.
"Bail is neither a punishment nor a mechanism for imposing pre-trial incarceration by indirect means," he said.
The NBA president also talked about the ongoing practice of requiring senior public servants as sureties in some cases, especially those on Grade Levels 16 and 17.
He noted that appellate courts have criticized such practices, highlighting judicial decisions that questioned both their practicality and their alignment with public service regulations.
"Of particular concern is the continued insistence in some cases on sureties who must be senior civil servants, often on Grade Levels 16 or 17, and who must own properties worth hundreds of millions of naira," he said.
Osigwe also referred to the Administration of Criminal Justice Act (ACJA) 2015, which states that bail conditions should not be excessive.
He insisted that judges must use their discretion in granting bail in ways that match constitutional guarantees and the presumption of innocence.
"We therefore restate that bail conditions must be tailored solely to ensure attendance at trial. They must never serve as instruments of punishment prior to conviction," he said.
The NBA president challenged the idea of limiting acceptable sureties to a certain group of citizens. He argued that there is no proof that senior civil servants are more reliable than other law-abiding Nigerians.
"There is no evidence that civil servants are inherently more reliable as sureties than other law-abiding citizens. Such requirements unduly narrow the pool of eligible sureties and create artificial barriers to the enjoyment of a constitutional right," he stated.
Osigwe urged courts to follow constitutional guidelines, the ACJA, and relevant judicial authorities when looking at bail applications.
He called on judicial officers to ensure that bail conditions are fair, reasonable, proportionate, and attainable, while also protecting the constitutional presumption of innocence.
"As guardians of the rule of law, we must collectively ensure that the constitutional right to bail remains meaningful and effective," he said.
"Bail should not become a privilege reserved only for those with extraordinary means or connections. It must remain what the law intended it to be, a mechanism for securing attendance at trial while preserving the liberty and dignity of persons who have not been convicted of any offence."
Drop your comment
No comments yet — be the first to drop the gist 👇