Bail Is Free On Paper, Not In Police Stations, Nigerians Lament

BY EJIKE EJIKE, Abuja, EMMANUEL MGBEAHURIKE, Owerri, AZA MSUE, Kaduna,  KALU EZIYI, Umuahia, NONYE EKWENUGO, Kaduna, ACHOR ABIMAJE, Jos, RICHARD NDOMA, Calabar, Nnamdi Mbawike, Enugu and Abdullahi Olesin, Ilorin

Bail from police detention is a fundamental legal right for bailable offences in Nigeria and allows a suspect’s temporary release while the police investigate a case.

It is meant to be completely free, as no money should be paid for bail, and detainees are expected to be charged in court within 24 to 48 hours or released.

Responses from Nigerians in various locations in the country, however, indicate the contrary, even as the police officially insist that bail is free.

Findings by our correspondents revealed that stories abound of suspects or detainees having to cough up a chunk of cash to secure bail at many police stations across the country, in both criminal and civil cases.

But police authorities maintain that bail is free and that no one should pay for it at any police station across the country.

Reacting to inquiries from our correspondent, the police spokesperson in the FCT, DSP Josephine Adeh, said bail remains free and that there are no conditions to change the rule.

She said, “There are no exemptions to the rule that bail is free at all police stations and formations across the country.”

Also speaking on warrant of arrest, as many Nigerians say the police usually pounce on suspects for arrest without a warrant, SP Adeh said suspects could be arrested without a warrant on certain conditions.

She said, “There are several instances where police officers can effect an arrest without a warrant in hand. Some of these instances include when a person commits an offence in the officer’s presence. Also, a police officer may arrest without a warrant if there is reasonable suspicion that a person has committed, is committing, or is about to commit an offence.

“In addition to the above, a police officer may effect an arrest where there is an existing order of court to do so.”

Bail Only Free On Paper—FCT Residents

Residents of the nation’s Federal Capital Territory (FCT) say bail is not free in most police stations in the capital, noting that the idea of bail being free is only on paper.

According to the resident who spoke to one of our correspondents, the “Bail is free” mantra is never put into practice.

A resident, John Marcel, said there is no way bail would be free when police officers ask you for money to write a statement after you are arrested.

Narrating a personal experience, John said, “I remember when my brother was arrested and locked up at a police station. When I got there to bail him out, I was asked to pay N43,000 in bail for engaging in a fight with a neighbour. When I argued that the money was too much and bail was supposed to be free, one of the officers told me that if I didn’t bring the money, my brother would sleep there for as long as it takes. After arguing for a while, I had to pay the money.”

John said an arrest warrant only works for the rich.  He said police don’t use an arrest warrant before picking up anyone, even in minor cases.

Mohammed Hussain, an Abuja-based civil servant, dismissed the idea that bail is free, noting that it had never been the case in Nigeria.

Another resident, Mrs Ifesinachi Mmadu, said she had heard of the arrest warrant and the bail is free mantra but had never seen anyone arrested with a warrant or granted bail freely.

“If you are waiting for free bail without parting with some money at the police station, your person will stay there for a long time. Bail is never really free, and as a matter of fact, when you have a problem with the police, you will be the one asking how much to settle the problem.”

Police Bail Not Free In Kaduna—Residents 

Some residents of Kaduna in North West Nigeria say the idea of free bail is commendable, but police officers still collect money for bail before releasing detainees.

A community leader in Angwan Sunday, Chikun local government area of the state, Haruna Bawa, said he paid money to bail a relative two months ago at a police station in Kaduna South.

“In February this year, I paid for bail before the police released one of my relatives. Nothing like bail is free. As far as police arrest you and take you to the station before they release you, they must collect bail money from you or your relatives before releasing you,” he said.

Another resident, Fanen Gabriel, a commercial motorcycle rider, narrated that he was arrested for late-night movement and paid for bail before regaining freedom.

“I paid for bail before the police released me as an okada rider. It was last week that the police patrol team arrested me for what they claimed was late movement.”

A bus driver, Abdul Tijjani, supported the idea of police obtaining a warrant of arrest before apprehending a suspect, but said he had never witnessed such a practice.

Speaking to LEADERSHIP Sunday in Abia State, James Kelechi, Ibekwe Kalu, and Okon Udeme noted that, despite the police themselves saying bail is free, they still insist that people must pay for it.

They confirmed that people pay to secure bail in their area, and regretted that it could even be for civil matters such as land disputes or debt.

Bail Must Be Enforceable As A Right Of Citizens – CLO

The North Central coordinator of Civil Liberties Organisation (CLO), Mr Steve Aluko, while speaking to our correspondent in Jos, said the legal framework and reforms had not been effective in ensuring that bail is free.

He said the idea is not working as expected, but it depends on the officer and the supervising authority involved.

“Where the supervising authority is credible and sustained on integrity, bail is free. Bail must be made free because the essence is to promote access to justice, fairness and equity.

Aluko said the enforcement is limited due to a lack of awareness and a culture of impunity among officers.

Speaking on the warrant of arrest, he said it should be made mandatory, adding that every police officer must carry it before conducting a search or arrest.

A community leader in Nyango Gyel, Jos South LGA, Da Toma Choji, lamented that they would tell you bail is free, but in reality, it is not.

According to him, sometimes the police and judiciary deny suspects bail and, in most cases, make them pay heavily for it.

Bail Isn’t Free In Imo—Respondents 

Emeka Okonkwo, in his response from Imo State, said the constitution is explicit on this point, as citizens are not expected to pay bail.

He stressed that people pay out of ignorance and under pressure from the police.

In his contribution, Ebere lbezim advised the government to find a way to address the challenges surrounding the issue, as citizens are suffering as a result of the non-implementation of the law.

In Enugu, a lawyer and human rights activist, Barrister Godwin Udibe, said that paying bail for a suspect is not the best option.

“Police would always tell you that bail is free, but when you go to the station to secure the release of a suspect, they would insist on money as a condition for bail, and it is not good for our criminal justice system,” he said.

On a warrant of arrest, he said suspects should be shown the warrant before an arrest so they would know the arrest is in line with the Constitution.

A legal practitioner, Barr. Abiodun Fagbemi said that under the Nigerian law, there is no provision requiring payment for bail.

“The 1999 Constitution (as amended), the Administration of Criminal Justice Act (ACJA) 2015 and the Police Act 2020 all affirm that bail is free.

“Specifically, Section 17(2) of the ACJA states that no individual should be asked to pay money or provide any form of consideration for bail,” he said.

Fagbemi, however, noted that reports of officers demanding money for “logistics” or “paperwork” in connection with bail applications remain widespread, raising concerns about extortion within the system.

On an arrest warrant, Fagbemi said, “Legally, the police are only permitted to request a surety, valid identification and a signed bail bond as conditions for release. Victims of unlawful demands are advised to report such incidents to the Police Complaints Response Unit (CRU) or the National Human Rights Commission (NHRC).

A retired senior police officer, Mr Ajayi Okasanmi, said bail is free both in principle and in practice.

He said that police officers who demand and collect bail money are committing an offence under the law.