The President of the Nigerian Bar Association, Mazi Afam Osigwe, SAN, has raised concern over what he described as a disturbing trend in Nigeria’s criminal justice system, where bail conditions imposed by courts and law enforcement agencies are becoming excessive, impractical and difficult to meet.
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In a statement dated June 4, 2026, titled “Bail Conditions Should Not Undermine The Essence Of Bail,” Osigwe said the frequent insistence on senior civil servants as sureties, high-grade public officers and landed properties of extraordinary value has, in many cases, turned bail from a mechanism for securing attendance at trial into an indirect tool of pre-trial detention.
According to him, many accused persons who are constitutionally presumed innocent remain in custody despite being granted bail because the conditions attached to their release are beyond their reach.
He said the trend undermines the constitutional right to personal liberty, weakens the presumption of innocence and defeats the essence of bail.
Osigwe stated that bail is a constitutional safeguard designed to secure the attendance of an accused person at trial while preserving liberty pending the determination of guilt or innocence.
He stressed that bail is not punishment and should not be used to impose pre-trial incarceration by indirect means.
“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,” he stated.
The NBA President relied on the decision of the Supreme Court in Suleman & Anor v. Commissioner of Police, Plateau State (2008), where the apex court emphasised 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.
He said bail was never intended to create impossible obstacles that make release unattainable.
Osigwe expressed particular concern over bail conditions requiring sureties who are serving civil servants on Grade Levels 16 or 17 and who must own properties worth hundreds of millions of naira.
He said such conditions are disconnected from Nigeria’s current economic realities and often impossible to satisfy.
According to him, when bail conditions cannot be met, the grant of bail is effectively converted into a denial of bail.
The NBA President also cited the Court of Appeal decision in Dasuki v. Director-General, State Security Service & Ors (2019) LPELR-49182 (CA), where the appellate court condemned the practice of making serving public officers a mandatory category of sureties.
He noted that the Court of Appeal had observed that such requirements are unknown to civilised legal systems and may conflict with public service regulations.
He further said that expecting a Grade Level 16 public servant to own property worth ₦100 million is unrealistic and could run against public service rules and anti-corruption objectives.
Osigwe also referred to Section 165(1) of the Administration of Criminal Justice Act, 2015, which provides that while the grant and conditions of bail are within the discretion of the court, such conditions must not be excessive.
He said judicial discretion, though wide, must be exercised judiciously, reasonably and in line with constitutional guarantees.
The NBA President maintained that bail conditions should be tailored only to ensure attendance at trial and must never be used as punishment before conviction.
He said conditions that cannot be met contribute directly to prolonged pre-trial detention and congestion in correctional facilities.
Osigwe also criticised the restriction of acceptable sureties to a particular class of citizens, especially senior civil servants, saying the practice has no legal, empirical or rational basis.
According to him, there is no evidence that civil servants are more reliable as sureties than other law-abiding citizens.
He said such requirements unduly narrow the pool of eligible sureties and create artificial barriers to the enjoyment of a constitutional right.
The NBA President called on courts at all levels to be guided by the Constitution, the Administration of Criminal Justice Act and established judicial authorities when considering bail applications.
He urged judicial officers to ensure that bail conditions are fair, reasonable, proportionate and attainable.
Osigwe also reminded judges that every accused person enjoys the constitutional presumption of innocence until proven guilty by a competent court.
He said the administration of justice is best served when the rights of accused persons are protected while their attendance at trial is secured through lawful and reasonable conditions.
“As guardians of the rule of law, we must collectively ensure that the constitutional right to bail remains meaningful and effective,” he said.
“Bail should not become a privilege reserved only for those with extraordinary means or connections. It must remain what the law intended it to be, a mechanism for securing attendance at trial while preserving the liberty and dignity of persons who have not been convicted of any offence.”
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