NBA criticises harsh bail conditions and their impact on detainees
The Nigerian Bar Association (NBA) has raised concerns over what it calls excessive and impractical bail conditions imposed by courts and law enforcement agencies. According to the association, these stringent requirements often prevent accused persons from regaining their freedom even after bail is granted. Mazi Afam Osigwe, the NBA President, emphasised that bail should not be used as a tool for pre-trial detention. The NBA urged for bail conditions that are reasonable and achievable, warning against practices that undermine constitutional safeguards.
What we know
- The NBA condemned the use of harsh bail conditions by the Nigeria Police Force, EFCC, ICPC, and other agencies, stating it leads to unnecessary pre-trial detention.
- The association highlighted that bail is meant to ensure attendance at trial, not to serve as a punishment or indirect incarceration.
- It criticised the practice of demanding sureties who are senior civil servants and high-value property, calling these requirements impractical and lacking legal basis.
- The NBA referenced Supreme Court and Court of Appeal decisions that stress bail conditions must be reasonable and not excessive.
- The association called for strict adherence to constitutional principles to prevent bail from becoming a privilege only for the wealthy or well-connected.
