NBA decries excessive bail conditions, says practice undermines constitutional rights

THE President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN has expressed concern over what he described as the growing trend of imposing excessive and impractical bail conditions on criminal suspects, warning that the practice undermines the constitutional right to personal liberty and the presumption of innocence.

In a statement on Thursday, Osigwe said courts and law enforcement agencies, including the Nigeria Police Force (NPF), Economic and Financial Crimes Commission (EFCC), and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), have increasingly attached stringent conditions to bail grants, making it difficult for accused persons to regain their freedom pending trial.

According to him, the frequent requirement for sureties who are senior civil servants on specified grade levels, as well as demands for landed properties of extraordinary value, have effectively transformed bail from a mechanism designed to secure attendance at trial into a form of pre-trial detention.

“The consequence is that many persons who are constitutionally presumed innocent and have ostensibly been granted bail remain incarcerated because the conditions attached to their release are beyond their reach,” he said.

The NBA boss reiterated that bail is a constitutional safeguard intended to preserve the liberty of an accused person, while ensuring their appearance in court, stressing that bail should neither serve as punishment nor become an indirect means of incarceration before conviction.

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Citing the Supreme Court’s decision in Suleman & Anor v. Commissioner of Police, Plateau State, the NBA president noted that the primary objective of bail is to grant pre-trial freedom to an accused person whose attendance at trial can be secured through reasonable conditions.

He lamented that some courts continue to impose conditions that are disconnected from prevailing economic realities, including requirements for sureties who are serving civil servants on Grade Levels 16 or 17 and who own properties worth hundreds of millions of naira.

Osigwe referenced the Court of Appeal judgment in Dasuki v. Director-General, State Security Service & Ors, where the appellate court criticised the practice of mandating senior public officers as sureties.

The court, he noted, held that such requirements are largely unknown to modern legal systems and may conflict with public service regulations and anti-corruption objectives.

“The court observed that expecting a public servant on Grade Level 16 to own property worth N100 million is unrealistic and inconsistent with public service realities,” he said and pointed to Section 165(1) of the Administration of Criminal Justice Act 2015, which provides that while courts have discretion in granting bail, such conditions must not be excessive.

He argued that judicial discretion must always be exercised reasonably and in accordance with constitutional guarantees, warning that conditions which cannot realistically be met amount to a denial of bail in substance.

Osigwe further criticised the restriction of acceptable sureties to a particular class of citizens, especially senior civil servants, describing the practice as lacking legal, empirical, or rational justification.

He said, “There is no evidence that civil servants are inherently more reliable as sureties than other law-abiding citizens” and called on courts across the country to remain guided by the Constitution, the Administration of Criminal Justice Act, and established judicial precedents when considering bail applications.

The NBA president urged judicial officers to ensure that bail conditions are fair, reasonable, proportionate, and attainable, emphasizing that every accused person remains innocent until proven guilty by a competent court of law.

“As guardians of the rule of law, we must collectively ensure that the constitutional right to bail remains meaningful and effective. Bail should not become a privilege reserved only for those with extraordinary means or connections”, he stated.

Osigwe maintained that the administration of justice would be better served when the rights of accused persons are protected while their attendance at trial is secured through lawful and reasonable bail conditions.