The Nigerian Bar Association has condemned what it described as excessive and impractical bail conditions imposed by courts and law enforcement agencies, warning that the practice is turning bail into a tool for pre-trial detention.
The association said the trend, observed across the Nigeria Police Force, EFCC, ICPC and other agencies, is leaving many accused persons in custody despite being granted bail because they cannot meet the conditions attached.
In a statement issued on Thursday and signed by its President, Mazi Afam Osigwe, the NBA said bail is being distorted from its constitutional purpose.
The statement read: “Bail conditions should not undermine the essence of bail.”
It added: “We consider it necessary to reiterate that bail is a constitutional safeguard designed to secure the attendance of an accused person at trial while preserving his or her liberty pending the determination of guilt or innocence. It is neither a punishment nor a mechanism for imposing pre-trial incarceration by indirect means.”
The NBA said bail must remain reasonable and achievable, warning that impossible conditions effectively amount to denial of bail.
“We are particularly concerned by the increasing tendency to impose conditions that are disconnected from prevailing economic realities and often impossible to satisfy,” it said, adding that such requirements “effectively convert the grant of bail into a denial of bail.”
The association cited growing reliance on sureties who are senior civil servants and demands for high-value landed property, saying such practices lack legal justification and worsen pre-trial detention.
It referenced the Supreme Court decision in Suleman & Anor v. Commissioner of Police, Plateau State (2008), which affirmed that bail is intended to secure attendance at trial through reasonable conditions.
It also cited the Court of Appeal in Dasuki v. Director-General, State Security Service & Ors (2019), which criticised restrictions requiring serving public officers as sureties, describing them as impractical and inconsistent with public service rules.
The NBA further pointed to Section 165(1) of the Administration of Criminal Justice Act (ACJA), 2015, which provides that bail conditions must not be excessive and must be exercised reasonably.
It urged courts to ensure that bail conditions are not used as indirect punishment, stressing that judicial discretion must remain guided by constitutional safeguards.
The association said restricting sureties to senior civil servants or imposing unrealistic property requirements contributes to prolonged pre-trial detention and congestion in correctional centres.
“The administration of justice is best served when the rights of accused persons are protected while ensuring their attendance at trial through reasonable and lawful conditions,” the statement added.
The NBA called for strict adherence to constitutional principles, warning that bail must not become a privilege reserved for the wealthy or well-connected.
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