๐Press Statement By The NBA President
BAIL CONDITIONS SHOULD NOT UNDERMINE THE ESSENCE OF BAIL
In recent times, we have observed with growing concern a disturbing trend in the administration of criminal justice in Nigeria, where courts and law enforcement agencies, including the Nigeria Police Force, EFCC, ICPC, and other security agencies, increasingly impose bail conditions that are excessive, impractical, and difficult to satisfy.
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.
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. This troubling development undermines the constitutional right to personal liberty, weakens the presumption of innocence, and defeats the very essence and purpose of bail within our criminal justice system.
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 law is settled that bail conditions must be reasonable, practical, and capable of being fulfilled by the accused person.
The Supreme Court, in Suleman & Anor v. Commissioner of Police, Plateau State (2008), emphasized that the object of bail pending trial is to grant pre-trial freedom to an accused person whose appearance in court can be secured through appropriate conditions. Bail is not intended to create insurmountable obstacles that make release impossible.
We are particularly concerned by the increasing tendency to impose conditions that are disconnected from prevailing economic realities and often impossible to satisfy. Conditions requiring sureties who are serving civil servants on specific salary grades, ownership of landed properties of extraordinary value, or other burdensome requirements effectively convert the grant of bail into a denial of bail.
Of particular concern is the continued insistence in some cases on sureties who must be senior civil servants, often on Grade Levels 16 or 17, and who must own properties worth hundreds of millions of naira. Such conditions have been strongly criticised by the appellate courts.
In Dasuki v. Director-General, State Security Service & Ors (2019) LPELR-49182 (CA), the Court of Appeal unequivocally condemned the practice of involving serving public officers as a mandatory category of sureties. The Court observed that such requirements are unknown to civilised legal systems and run contrary to public service regulations. The Court further noted that expecting a public servant on Grade Level 16 to own property worth N100 million would not only be unrealistic but could also conflict with public service rules and anti-corruption objectives.
The Administration of Criminal Justice Act, 2015, is equally clear on this issue. Section 165(1) provides that while the grant and conditions of bail are within the discretion of the court, such conditions must not be excessive. Judicial discretion, though wide, must always be exercised judiciously, reasonably, and in a manner consistent with constitutional guarantees.
We therefore restate that bail conditions must be tailored solely to ensure attendance at trial. They must never serve as instruments of punishment prior to conviction. Conditions that cannot be met amount in substance to a refusal of bail and contribute directly to pre-trial detention and congestion in correctional facilities.
Innalillahi wainna ilaihi rajiun, we are in a deep mess.
This is not a beach for fun, this is an attempt to survive banditry attack in Birnin Magaji community of Zamfara State. Women and children are not afraid to get drowned in the river.
Misunderstandings are part of life, but they are best resolved through dialogue and mutual understanding.
My brothers @mni_JJ and @Mod33333, I kindly appeal to you both to clear the TL and let us move on. You have both contributed immensely to the team over time, and those of us who have witnessed the sacrifices and commitment you make do not take them for granted.
We sincerely appreciate all that you do. Allah Ya Saka Muku Da Alkhairi. Let us pray for a better future and remain focused on what unites us. ๐๐ฝ
Teachers in north-eastern Nigeria held protests, demanding stronger protection for learning institutions. The outcry comes after the abduction of dozens of school children in Borno State last month.
Al Jazeeraโs Felix Niwara explains.
BREAKING: Suspected bandits have abducted seven students of the Federal College of Science and Technology Kaura Namoda in Zamfara State, after attacking an off-campus residence in the townโs Low-Cost area. One student reportedly escaped, while six others three males and three females remain in captivity.
Nigerian police and Operation Fansan Yamma forces say rescue efforts are ongoing as concerns grow over escalating insecurity in the region.
How many more students must be kidnapped before authorities can guarantee their safety?