Why Many Nigerians granted bail still remain in prison — NBA

The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe (SAN), has expressed concern about the increasing use of strict and difficult bail conditions for people facing criminal charges.

In a statement released on Thursday, Osigwe said that courts and law enforcement agencies, including the Police, the Economic and Financial Crimes Commission (EFCC), and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), are often attaching conditions that make it hard for suspects to secure their release while awaiting trial.

According to him, many bail conditions now require sureties who are senior civil servants on high salary grades or people who own expensive properties. He said these demands have turned bail into a form of punishment before a person is even found guilty.

Osigwe noted that many accused persons, who are still presumed innocent under the law, remain in detention because they cannot meet the conditions attached to their bail.

He explained that bail is meant to protect a person’s freedom while ensuring they return to court for trial. It should not be used as a way to punish or detain people before they are convicted.

The NBA president cited previous court judgments, including a Supreme Court ruling, which stated that the purpose of bail is to allow an accused person temporary freedom while ensuring their appearance in court.

He also criticised conditions that require sureties who are civil servants on Grade Levels 16 or 17 and who own properties worth hundreds of millions of naira. According to him, such requirements do not reflect current economic realities.

Osigwe referred to a Court of Appeal decision that questioned the practice of demanding senior public servants as sureties. The court observed that expecting a Grade Level 16 civil servant to own property worth about N100 million is unrealistic and inconsistent with public service realities.

He pointed to Section 165(1) of the Administration of Criminal Justice Act (ACJA) 2015, which states that while courts have the authority to grant bail, the conditions imposed must not be excessive.

According to him, judicial discretion should be exercised fairly and in line with constitutional rights. He argued that bail conditions that are impossible to meet amount to a denial of bail.

Osigwe further said there is no legal or practical reason to limit acceptable sureties to senior civil servants, adding that there is no evidence that they are more reliable than other law-abiding citizens.

He urged courts across the country to follow the Constitution, the ACJA, and established court decisions when considering bail applications.

The NBA president called on judges to ensure that bail conditions are fair, reasonable, and achievable. He stressed that every accused person remains innocent until proven guilty by a competent court.

He added that bail should not become a privilege available only to wealthy or well-connected individuals.

Osigwe concluded that the justice system would function better when the rights of accused persons are protected while ensuring they appear in court through lawful and reasonable bail conditions.