NBA Critiques Excessive Bail Conditions in Nigeria

The Nigerian Bar Association (NBA) issued a statement on Thursday, signed by its President Mazi Afam Osigwe, condemning the excessive bail conditions imposed by law enforcement agencies in Nigeria. The NBA argued that these conditions often transform bail into a tool for pre-trial detention, violating constitutional safeguards designed to ensure an accused person's liberty while awaiting trial.

The association highlighted a concerning trend where individuals are held in custody despite being granted bail, primarily due to unattainable conditions. The NBA referenced the Supreme Court decision in Suleman & Anor v.

Commission of Police, Plateau State (2008), which affirmed that bail should secure attendance at trial, not serve as a punitive measure. They also criticized the reliance on sureties, particularly from senior civil servants, demanding high-value land or property as collateral, which exacerbates pre-trial detention.

The NBA called for adherence to constitutional principles, warning that bail should not become a privilege reserved for the wealthy and well-connected.