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.
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I am trying very hard to remain civil. Still, I genuinely struggle to understand why, particularly among many men of the pulpit, discussions about Peter Obi so often focus on what you believe he lacks or where you think he falls short.
Rarely do I hear emphasis placed on the qualities that are actually worth emulating: a man who won his party's primaries fairly, who is widely regarded for his integrity, consistency, discipline, and enduring principles. These are virtues that closely mirror the kind of character Christians should aspire to cultivate.
Yet, instead of highlighting those qualities, the conversation often gravitates toward political calculations and traits that appear uncomfortably close to the godfatherism and morally ambiguous actions many of us claim to oppose.
I fully acknowledge that everyone, including pastors, has the right to their political preferences and convictions. However, I would respectfully ask that we recognize what is at stake. Our collective future is on the line, and the standards we choose to celebrate or dismiss today will shape the kind of society we leave behind tomorrow.
While growing up, SARS once raided my street and picked up all the young boys playing football outside on a Saturday.
My brother’s friend was among them. He was only 20 years old and had just started learning mechanics.
When his parents went to bail him, they were told he was a cultist and had been transferred to Kirikiri Prison.
A week later, his mum went to see him. They told her he had died due to overcrowding.
Whenever I think about him, my heart breaks. He was innocent.
Dear Young Nigerians,
One lesson from the 2023 elections, particularly in Lagos, should never be forgotten.
In the period following the presidential election and leading up to the governorship election, we witnessed a troubling shift in public discourse. Conversations that should have focused on competence, governance, development, and the future of our nation were gradually diverted towards tribal sentiments, ethnic divisions, and unnecessary suspicion among citizens.
Many sincere and well-meaning Nigerians participated in these conversations without realising that they were being drawn into narratives carefully designed by others.
Throughout history, whenever politicians find it difficult to compete on ideas, performance, character, or vision, some resort to exploiting the fault lines of ethnicity, religion, and identity. Their calculation is simple: a divided people are easier to manipulate than a united people.
Today, I see similar efforts emerging again, sometimes in more subtle and sophisticated ways. Narratives are planted, amplified, and circulated, often by individuals who genuinely believe they are defending a worthy cause, without recognizing the broader agenda behind such campaigns.
Let me state clearly that Pastor Enoch Adeboye remains one of the foremost fathers of faith in our nation. For decades, he has consistently preached the virtues of peace, prayer, love, reconciliation, and national unity. Even when faced with provocation, his response has always reflected humility, restraint, wisdom, and grace.
At 84 years of age, it would be unfair for young and able-bodied Nigerians to transfer to him responsibilities that properly belong to them. The task of building a better Nigeria rests primarily on the shoulders of the younger generation. It is their duty to lead the conversations, champion the reforms, and drive the positive change our nation urgently requires.
We must be careful not to become instruments in the hands of those who secretly nurture division while publicly preaching unity. In most cases, their target is not the individual being attacked; instead, it is the person who is attacking. Their real objective is to weaken the bonds that hold us together as one people and one nation.
I therefore urge all young Nigerians: do not allow anyone to recruit you into hatred. Do not allow anyone to weaponise your ethnicity, your faith, or your admiration for respected leaders.
Question every narrative. Verify every claim. Follow the facts. Resist manipulation.
The Nigeria of our dreams can only be built by citizens who refuse to be divided, who choose unity over hatred, and who place our collective future above narrow interests.
A New Nigeria is POssible. -PO
Kingsley Nebo, (the man on suit), who paid ₦1 million to assassins to murder 25-year-old student Sochima Onoh on July 12 last year, was arraigned in court in Enugu yesterday.
While the judge was about to hear the matter, the police prosecutor presented a letter from the IGP requesting that the case be withdrawn from the court.
A murderer who confessed on video to the crime is being withdrawn?
This sums up the current state of Nigeria.
Nigeria has happened to me.