The Nigerian Bar Association (NBA) has voiced strong disapproval of what it sees as increasingly harsh and impractical bail conditions set by courts and law enforcement bodies nationwide. In a recent statement, NBA President Afam Osigwe emphasized that bail conditions should not undermine the constitutional right to temporary release for individuals awaiting trial. He argued that bail exists solely to secure a defendant’s court appearance, not to serve as a penalty before conviction.
Osigwe highlighted disturbing trends where accused individuals are required to produce sureties holding top civil service positions (Grade Levels 16 or 17) or to offer landed assets valued at hundreds of millions of naira. Such demands, he noted, effectively transform bail into a form of pre-trial imprisonment, as many defendants cannot meet these conditions. The NBA president reminded judicial officers that Section 165(1) of the Administration of Criminal Justice Act (ACJA), 2015, explicitly prohibits excessive bail terms.
Citing landmark rulings, the NBA referenced the Supreme Court case Suleman & Anor v. Commissioner of Police, Plateau State, which established that bail must guarantee liberty before trial without imposing impossible obstacles. Additionally, the Court of Appeal judgment in Dasuki v. Director-General, State Security Service criticized the requirement for active civil servants as sureties, labeling it unrealistic and contradicting public service rules.
Osigwe called on all courts to adopt fair, reasonable, and attainable bail terms, warning that unachievable conditions amount to a denial of bail. He further argued that restricting sureties to high-ranking civil servants lacks legal justification and exacerbates prison overcrowding, as defendants remain in custody even after being granted bail.