Rivers
NBA Faults Stringent Bail Conditions … Says Trend Threatens Personal Liberty
President of the Nigerian Bar Association (NBA), Mr. Mazi Afam Osigwe, has raised concerns over the increasing imposition of stringent and unrealistic bail conditions on criminal suspects, warning that the trend threatens constitutional guarantees of personal liberty and the presumption of innocence.
Osigwe, who said this in a statement issued in Abuja and obtained by The Tide’s Source, said courts and law enforcement agencies, including the Nigeria Police Force (NPF), the Economic and Financial Crimes Commission (EFCC), and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), have continued to attach burdensome conditions to bail grants, making it difficult for many accused persons to secure their release pending trial.
According to him, the frequent demands for sureties who are senior civil servants on specific grade levels, and requirements for high-value landed properties, have effectively turned bail into a form of pre-trial detention rather than a legal mechanism to ensure attendance in court.
He expressed regrets that many individuals who were presumed innocent under the law remain behind bars despite being granted bail because they are unable to meet the conditions attached to their release.
“Bail is a constitutional safeguard designed to protect the liberty of an accused person while guaranteeing their appearance during trial, and should never be used as a form of punishment before conviction”, he said.
The NBA President cited the Supreme Court judgment in Suleman & Anor v. Commissioner of Police, Plateau State, which affirmed that the primary purpose of bail is to secure the temporary freedom of an accused person pending trial under reasonable conditions.
He expressed concern that some courts continue to impose bail requirements that are disconnected from prevailing economic realities, including demands for sureties on Grade Levels 16 and 17 who own properties worth hundreds of millions of naira.
Osigwe also referenced the Court of Appeal’s decision in Dasuki v. Director-General, State Security Service & Ors, where the appellate court criticised the practice of insisting on senior public officers as sureties, describing such requirements as largely alien to modern legal systems and potentially inconsistent with public service regulations and anti-corruption principles.
He noted that the court observed the impracticality of expecting a public servant on Grade Level 16 to possess property valued at over N100 million, stressing that such expectations do not reflect the realities of public service.
The NBA President also drew attention to Section 165(1) of the Administration of Criminal Justice Act (ACJA) 2015, which provides that while courts have discretion in granting bail, the conditions imposed must not be excessive.
He argued that judicial discretion should be exercised reasonably and in line with constitutional protections, warning that bail conditions that are impossible to fulfil amount to a denial of bail in practice.
Osigwe also faulted the restriction of acceptable sureties to a particular category of citizens, especially senior civil servants, saying there is no legal or rational basis for assuming they are more reliable than other responsible members of society.
He urged courts nationwide to be guided by the Constitution, the ACJA, and established judicial precedents when determining bail applications, insisting that conditions should be fair, proportionate, attainable, and consistent with the principle that every accused person remains innocent until proven guilty.
The NBA boss stressed that the right to bail must remain meaningful and accessible to all citizens, regardless of their social status or financial standing.
According to him, the justice system would function more effectively when the rights of accused persons are protected while ensuring their attendance in court through lawful and reasonable bail conditions.
King Onunwor