There’s growing outcry from police prosecutors, lawyers, NGOs, and rights activists about how bail procedures are handled in practice in Nigeria. While the law clearly states that bail is a conditional right and must not require payment, everyday realities often tell a different story.
Section 62(1) and Section 64(1) of the Police Act 2020 say police officers must release suspects on bail if court appearance isn’t immediately possible. Sections 35(1) and (4) of the 1999 Constitution reinforce the right to bail within a reasonable time. Yet, many detainees end up paying money despite “bail is free” signs, leading to calls for a legal and systemic overhaul.
Mr. Douglas Ogbankwa of Vanguard for Judicial Independence said the system often forces citizens to pay to “go home” while their citizenship and freedom hang in the balance. Rights activist Mr. Spurgeon Ataene warned that without true willpower to enforce bail laws, reforms are just academic exercises.
Others like Mr. Anthony Makolo and lawyer Mr. Kehinde Nubi echoed that bail at police stations costs from thousands to millions of naira, not by law but due to corruption and impunity. Former prosecutor Chief Tony Dania called for expanding magistrate courts’ jurisdiction and enforcing timely release policies.
Meanwhile, Superintendent Monday Omo-Osagie blamed the monetisation partly on desperate citizens pushing officers for fast release through bribes.
The consensus? The laws and constitution champion free bail, but enforcement remains patchy, demanding urgent reform to protect citizens’ rights and restore faith in justice.
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