The Nigerian Bar Association (NBA) has expressed concern over what it described as a growing pattern of excessive and unrealistic bail conditions being imposed by courts and law enforcement agencies across the country.
In a statement, NBA President Afam Osigwe said bail conditions should not defeat the constitutional purpose of granting temporary freedom to accused persons while awaiting trial.
He stressed that bail is intended to ensure that defendants appear in court and should not be used as a form of punishment before a verdict is reached.
“Bail is neither a punishment nor a mechanism for imposing pre-trial incarceration by indirect means,” Osigwe said.
According to him, the association had observed cases where defendants were required to provide sureties who are senior civil servants on Grade Levels 16 or 17, or present landed properties worth hundreds of millions of naira, before they could be released on bail.
According to the NBA, such requirements effectively amount to a denial of bail because many accused persons are unable to meet them despite being granted bail by the courts.
The legal body cited previous court decisions to support its position. It referenced the case of Suleman & Anor v. Commissioner of Police, Plateau State, in which the Supreme Court held that bail is meant to guarantee pre-trial freedom and should not create impossible hurdles for defendants.
The NBA also pointed to Dasuki v. Director-General, State Security Service, where the Court of Appeal criticised the practice of demanding serving public officers as sureties, describing the requirement as unrealistic and inconsistent with public service regulations.
Osigwe reminded judicial officers that Section 165(1) of the Administration of Criminal Justice Act (ACJA), 2015, clearly states that bail conditions must not be excessive.
He urged courts across the country to ensure that bail terms remain fair, reasonable, and achievable, warning that conditions which cannot be met are, in practice, equivalent to refusing bail.
“Conditions that cannot be met amount to a refusal of bail,” he said.
The NBA President further argued that limiting sureties to senior civil servants has no legal or rational basis and contributes to overcrowding in correctional facilities by keeping defendants in custody even after bail has been granted.
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