NBA Raises Alarm Over Harsh Bail Conditions

The Nigerian Bar Association (NBA) has expressed deep concern over what it describes as the growing trend of excessive and unrealistic bail conditions imposed by courts and law enforcement agencies across the country.

NBA President Afam Osigwe warned that such practices risk undermining the constitutional purpose of bail and could effectively amount to pretrial punishment for individuals who have not been convicted of any offence.

In a statement titled “Bail Conditions Should Not Undermine the Essence of Bail,” Osigwe criticised the increasing insistence on stringent conditions such as requiring senior civil servants as sureties or demanding ownership of high-value landed properties before defendants can secure their freedom.

According to him, these requirements have left many accused persons trapped in detention despite being granted bail by competent authorities.

“We have observed with growing concern a disturbing trend in the administration of criminal justice where courts and law enforcement agencies increasingly impose bail conditions that are excessive, impractical and difficult to satisfy,” he said.

Osigwe noted that agencies including the Nigeria Police Force, the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) have frequently adopted such conditions.

He stressed that bail is intended to guarantee a defendant's appearance in court and not to serve as an indirect form of incarceration.

“Bail is neither a punishment nor a mechanism for imposing pre-trial incarceration by indirect means,” he stated.

The NBA president also questioned the logic behind limiting acceptable sureties to senior government officials on Grade Levels 16 and 17.

He argued that there is no evidence suggesting that public servants are more trustworthy or reliable than other responsible citizens. According to him, such restrictions unnecessarily narrow the pool of eligible sureties and make access to bail difficult for ordinary Nigerians.

Osigwe further cited provisions of the Administration of Criminal Justice Act (ACJA) 2015, which expressly require bail conditions to be reasonable and not excessive. He urged judicial officers to exercise discretion responsibly and in a manner consistent with constitutional guarantees and the presumption of innocence.

The NBA president called on courts and law enforcement agencies to ensure that bail remains accessible, fair and proportionate.

“As guardians of the rule of law, we must collectively ensure that the constitutional right to bail remains meaningful and effective,” he said.

“Bail should not become a privilege reserved only for those with extraordinary means or connections.”

He maintained that protecting the dignity and liberty of accused persons remains a cornerstone of democratic justice and the rule of law.