Is Bail Free?

Bail is the tool the court use to ensure that an accused person will present himself in court on a day that his case is heard by the court. It is basically an assurance to the court that the accused will not try to run away from justice, by not participating in his trial. Bail is based on the constitutional rights to liberty and freedom of movement.
According to Black’s law dictionary with edition, bail is a security such as cash or a bond especially requested by a court for the release of a prisoner who must appear at a future time.
In Nigeria the courts have generally held that the whole concept of bail generally is about surely or sureties taken by a person duly authorized for the appearance of a defendant at a certain day and place to answer charges developed against him and be justified by law. The importance of bail finds footing in section 36 of the 1999 constitution.
There are two types of bail in Nigeria; Police bail and (a) court bail. Section 30(3) of Administration of Criminal Justice Act (2015) provides that “the officer in charge of a police station shall release a suspect on bail on his entering a recognizance with or without sureties for a reasonable amount of money to appear before the court or at the police station at the time and place named in the recognizance”.
In Nigerian Police Stations monies are not deposited as security for the release of a suspect, but rather monies are paid as a condition to release a suspect in detention. Although they say bail is free according to section 35 of the 1999 constitution of the Federal Republic of Nigeria and S.27 of the Police Act sections 17 and 118 of the criminal procedure Act and sections 129, 340 and 341 of the criminal procedure code. Inspite of these provisions it is customary for the Nigerian Police to demand for money before granting bail. If the lawyer insist on petitioning to a higher authority or apply to court to enforce the fundamental rights of their client.
The said lawyer should be ready to have his client spend more days in police custody contrary to the provisions of the constitution. Most people succumb to paying the police for bail (illegal) because for t hem, the cost of litigation or petition which is the alternative is higher.
It should be noted that although the court may require the deposit of a sum of money or other security from the defendant surety before the bail. The said money or security deposited, shall be returned do the defendant or his surety or sureties as the case may be at the conclusion of the trial or on application by the surety to the court to discharge his recognizance.
Bail therefore is free in the books for the records, but in reality POLICE BAIL is not free the suspect or accused as the case maybe must part with money.

Nkechi Bright Ewere