RismadarVoice Reporters
June 4, 2026
The Nigerian Bar Association (NBA) has expressed concern over what it described as the growing imposition of excessive and unrealistic bail conditions by courts and law enforcement agencies, warning that the practice undermines the constitutional right to liberty and the presumption of innocence.
In a statement titled “Bail Conditions Should Not Undermine the Essence of Bail,” NBA President, Mazi Afam Osigwe, SAN, said the increasing requirement for sureties who are senior civil servants and the demand for landed properties of high value have, in many cases, transformed bail from a mechanism for securing attendance at trial into a tool of pre-trial detention.
According to the NBA, many accused persons who have been granted bail remain in custody because they are unable to meet conditions attached to their release, despite being presumed innocent under the Constitution.
Osigwe stressed that bail is a constitutional safeguard designed to ensure an accused person’s attendance in court while preserving personal liberty pending the determination of a case.
“Court-imposed bail conditions must be reasonable, practical and capable of being fulfilled. Bail is neither a punishment nor a mechanism for imposing pre-trial incarceration by indirect means,” he said.
The NBA cited the Supreme Court’s decision in Suleman & Anor v. Commissioner of Police, Plateau State (2008), which held that the purpose of bail is to grant pre-trial freedom to an accused person whose appearance in court can be secured through appropriate conditions.
The association particularly criticised the continued insistence on sureties who are serving civil servants on Grade Levels 16 or 17, often coupled with requirements for ownership of properties worth hundreds of millions of naira.
Referencing the Court of Appeal judgment in Dasuki v. Director-General, State Security Service & Ors (2019) LPELR-49182 (CA), the NBA noted that the appellate court had condemned such conditions, describing them as inconsistent with public service regulations and unrealistic in practical terms.
“The Court of Appeal observed that expecting a Grade Level 16 public servant to own property worth N100 million is not only unrealistic but could also conflict with public service rules and anti-corruption objectives,” the statement said.
The association further pointed to Section 165(1) of the Administration of Criminal Justice Act (ACJA), 2015, which provides that while courts have discretion in granting bail, the conditions imposed must not be excessive.
According to the NBA, bail conditions that are impossible to satisfy effectively amount to a refusal of bail and contribute to prolonged pre-trial detention and overcrowding in correctional centres.
The association also questioned the rationale for restricting acceptable sureties to senior civil servants, arguing that there is no legal or empirical basis for treating them as inherently more reliable than other responsible citizens.
It called on courts across the country to ensure that bail conditions remain fair, proportionate and attainable, and to exercise their discretion in a manner consistent with constitutional guarantees and established judicial precedents.
The NBA urged judicial officers to remain mindful of the constitutional presumption of innocence and to avoid imposing conditions that render the grant of bail “illusory or nugatory.”
The association maintained that bail should remain a mechanism for securing attendance at trial rather than a privilege reserved for individuals with substantial wealth or influential connections.
