The Nigerian Bar Association (NBA) has criticised what it described as increasingly harsh and unrealistic bail conditions imposed by courts and security agencies, warning that the practice is undermining the constitutional purpose of bail and contributing to overcrowding in detention facilities.
In a statement released on Thursday and signed by its President, Mazi Afam Osigwe, the association said bail has gradually been turned into a form of punishment rather than a safeguard for liberty pending trial.
The NBA said that agencies such as the Nigeria Police Force, the Economic and Financial Crimes Commission (EFCC), and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) often attach stringent conditions that many suspects cannot meet, resulting in continued detention despite being granted bail.
According to the association, bail is meant to guarantee an accused person’s appearance in court, not to serve as a disguised form of imprisonment.
“Bail conditions should not undermine the essence of bail,” the statement said, stressing that bail is a constitutional protection and not a punitive measure.
It further noted that many of the conditions imposed are detached from current economic realities, making compliance difficult for most defendants. The NBA warned that such practices effectively amount to a denial of bail in disguise.
The association also faulted the increasing demand for senior civil servants as sureties and the insistence on high-value landed property, describing them as legally questionable and impractical.
Citing legal precedents, the NBA referenced the Supreme Court ruling in Suleman & Anor v. Commissioner of Police, Plateau State (2008), which affirmed that bail conditions must be reasonable and aimed at ensuring attendance at trial.
It also pointed to the Court of Appeal decision in Dasuki v. DSS (2019), which criticised restrictions requiring specific categories of sureties, especially serving public officers, as inconsistent with public service regulations.
The NBA further drew attention to Section 165(1) of the Administration of Criminal Justice Act (ACJA) 2015, which mandates that bail conditions must not be excessive and must be applied reasonably.
According to the association, the continued use of stringent and unrealistic requirements contributes significantly to prolonged pre-trial detention and worsens congestion in correctional centres across the country.
It urged judicial officers to ensure that bail conditions remain fair, realistic, and consistent with constitutional protections, warning against the use of bail as a form of indirect punishment.
“The justice system is best served when the rights of accused persons are protected while ensuring their appearance in court through reasonable conditions,” the NBA stated.
The association also cautioned that bail should not become a privilege reserved for the wealthy or well-connected, but a fundamental right accessible to all under the law.