The Nigerian Bar Association (NBA) has raised concerns over what it described as the increasing use of excessive and unrealistic bail conditions by courts and law enforcement agencies, warning that the practice undermines the constitutional rights of accused persons.
NBA President, Afam Osigwe, made the position known in a statement, stressing that bail is meant to guarantee a defendant’s appearance in court and should not become a tool for punishment before trial.
NBA Warns Against Indirect Denial of Bail
Osigwe said the association has observed several cases where defendants are granted bail but are subjected to conditions that are difficult or impossible to meet.
According to him, some courts require sureties who are senior civil servants on Grade Levels 16 or 17, while others demand landed properties worth hundreds of millions of naira.
“Bail is neither a punishment nor a mechanism for imposing pre-trial incarceration by indirect means,” he said.
He argued that such conditions effectively amount to a denial of bail because many defendants cannot fulfil the requirements despite receiving court orders granting their release.
Association Cites Court Decisions
The NBA referenced previous judicial decisions supporting its position on reasonable bail conditions.
It cited the Supreme Court judgment in Suleman & Anor v. Commissioner of Police, Plateau State, where the court held that bail exists to secure pre-trial freedom and should not create impossible obstacles for defendants.
The association also referred to Dasuki v. Director-General, State Security Service, in which the Court of Appeal criticised the practice of demanding serving public officers as sureties, describing the requirement as unrealistic and inconsistent with public service rules.
Call for Compliance With ACJA
Osigwe reminded judges and judicial officers that Section 165(1) of the Administration of Criminal Justice Act (ACJA), 2015, expressly provides that bail conditions must not be excessive.
He urged courts across the country to ensure that bail requirements remain fair, reasonable and achievable.
According to the NBA president, any bail condition that cannot reasonably be met by an accused person is, in practical terms, a refusal of bail.
The association called for greater adherence to constitutional principles and judicial precedents in the administration of criminal justice across Nigeria.