The Nigerian Bar Association (NBA) has expressed concern over the increasing use of stringent bail conditions by courts and law enforcement agencies, warning that the practice is effectively denying many defendants their freedom despite being granted bail.
In a statement issued on Thursday, Afam Osigwe, president of the NBA, said bail conditions imposed on accused persons have become so demanding that many remain behind bars even after securing court approval for their release.
According to Osigwe, courts frequently require sureties who are senior civil servants on specific grade levels and demand ownership of high-value landed properties, making compliance difficult for many defendants.
“The frequent insistence on sureties who are senior civil servants of specified grade levels, coupled with demands for landed properties of extraordinary value, has in many cases transformed bail from a mechanism for securing attendance at trial into a tool of pretrial detention,” he said.
He noted that the result is that individuals who are constitutionally presumed innocent continue to remain incarcerated because they cannot meet the conditions attached to their release.
Osigwe argued that such practices undermine the constitutional right to personal liberty and weaken the legal principle of presumption of innocence. He stressed that bail is intended solely to ensure an accused person appears in court when required and should not serve as a form of punishment before conviction.
“It is neither a punishment nor a mechanism for imposing pre-trial incarceration by indirect means,” he said.
The NBA president maintained that bail conditions must be reasonable, practical and attainable, warning that requirements tied to specific categories of sureties or ownership of expensive properties effectively amount to a denial of bail.
He further questioned the rationale behind prioritising civil servants as sureties, stating that there is no evidence that they are inherently more reliable than other law-abiding citizens.
“There is no evidence that civil servants are inherently more reliable as sureties than other law-abiding citizens. Such requirements unduly narrow the pool of eligible sureties and create artificial barriers to the enjoyment of a constitutional right,” he added.
Osigwe cited judicial precedents, including the case of Dasuki v. Director-General, State Security Service & Ors, where the court criticised the mandatory use of serving public officers as sureties.
He also referenced Section 165(1) of the Administration of Criminal Justice Act 2015, which grants courts discretion in bail matters but prohibits excessive conditions.
Calling for reform, the NBA urged courts across the country to ensure bail terms remain fair, proportionate and achievable.
“Courts must guard against imposing terms that render the grant of bail illusory or nugatory,” Osigwe said.
He added that bail should not become a privilege reserved for people with wealth, influence or powerful connections but should remain a constitutional safeguard that balances the need to secure attendance at trial with the protection of individual liberty.
