Is Police Bail free in Nigeria?

Is Police Bail free in Nigeria?

Introduction

One of the most controversial and widely misunderstood issues in Nigeria’s criminal justice system is the concept of police bail. Many Nigerians have either personally experienced or heard stories of individuals being arrested and detained by the police—and then being asked to “bring money for bail.” But is this practice legal? Is police bail supposed to be free under Nigerian law? If yes, why is money routinely demanded?

This article offers a comprehensive legal examination of whether police bail is free in Nigeria, with clear definitions, legal framework, procedures, and a real-life case study. It also outlines the rights of suspects, obligations of the police, and what to do when faced with a bail-related situation.

Understanding the Concept of Bail in Nigeria

Bail is the temporary release of a suspect or accused person from custody, usually pending further investigation, trial, or legal proceedings. The aim of bail is to ensure the person’s attendance in court or at the police station while preserving their liberty before guilt is determined.

In Nigeria, bail can be granted at three major stages:

1. At the police station (pre-trial or administrative bail)

2. By the court (judicial bail pending trial)

3. By a higher court (bail pending appeal or after conviction)

This article focuses primarily on police bail, which is the earliest form of bail a suspect can access after arrest.

What Is Police Bail?

Police bail is the temporary release of a person arrested by the police, before being charged to court, pending the conclusion of investigation or further action.

Police bail may be:

• With a surety, or

• On self-recognizance, depending on the offense and the discretion of the police officer in charge of the case.

Police bail is a crucial part of ensuring that the fundamental rights of citizens are protected. It prevents arbitrary detention and abuse of power by the police.

Legal Framework Governing Police Bail in Nigeria

Several laws and constitutional provisions govern the administration of bail in Nigeria:

1. The 1999 Constitution (as amended)

Section 35(4) provides that any person who is arrested or detained shall be brought before a court within a reasonable time, and if not, the person must be released either unconditionally or on bail.

Section 35(5) defines “reasonable time” as:

• Within 24 hours where there is a court of competent jurisdiction within 40km of the arrest;

• Otherwise, within 48 hours.

2. Administration of Criminal Justice Act (ACJA) 2015

Section 30 of ACJA explicitly provides:

“Where a suspect is taken into custody without a warrant, and it appears to the officer that the inquiry cannot be completed within 24 hours, and there are grounds for believing that the accusation or information is well-founded, the officer shall release the suspect on bail, except in capital offenses.”

3. Nigeria Police Act 2020

Section 64 of the Act clearly states:

“Bail granted by the police to a suspect shall be free of charge.”

This provision is often cited as the clearest legal authority confirming that police bail is free in Nigeria.

Is Police Bail Really Free in Nigeria?

Legally, yes. In practice, often no.

The law is clear that police bail is not to be monetized, and any attempt to collect money in exchange for bail is unconstitutional, unlawful, and amounts to extortion or bribery.

However, the practice in many Nigerian police stations is that officers demand money—sometimes disguised as “mobilization”, “paperwork”, “fuel”, “logistics”, or “appreciation”. These illegal demands have become normalized in many communities.

This practice persists due to:

• Lack of awareness by citizens

• Corruption and poor accountability

• Inadequate funding of police stations

• Fear and desperation by families of suspects

Consequences of Demanding or Paying for Police Bail

For Police Officers

• Internal Disciplinary Action by the Police Service Commission

• Dismissal for gross misconduct

• Criminal prosecution for corruption or abuse of office under the Criminal Code or ICPC Act

• Public backlash and reputation damage

For Citizens

• Loss of money with no legal recourse if not documented

• Encouragement of systemic corruption

• Denial of justice, especially for the poor who cannot afford bribes

When Can Police Bail Be Denied?

While bail is a right, it is not automatic. The police may refuse bail in the following cases:

• Where the offense is capital in nature (e.g., armed robbery, murder, kidnapping)

• If the suspect is likely to abscond

• If releasing the suspect may interfere with investigation

• If the suspect has no verifiable address or identification

• If the suspect is a repeat offender or has breached previous bail terms

Even in such cases, the police are required to charge the suspect to court within the constitutionally prescribed period.

Procedure for Granting Police Bail

The proper procedure for obtaining police bail includes:

1. Formal Application by the suspect or their lawyer/family member

2. Investigation Officer’s Recommendation

3. Approval by the DPO or Officer-in-Charge

4. Bail Conditions set (e.g., one surety with valid ID, residential address, etc.)

5. Execution of a Bail Bond

6. Release of the Suspect pending further action

At no point should money be requested or paid. All documentation should be signed and a copy retained.

Role of Lawyers and Human Rights Groups

Lawyers play a critical role in ensuring that bail is granted legally and without extortion. They can:

• Demand bail in writing

• Petition the police hierarchy or PSC

• File Fundamental Rights Enforcement suits for unlawful detention

• Report extortion to the ICPC, Police Complaint Response Unit, or NHRC

Human rights organizations also monitor police practices and help provide legal assistance to indigent suspects.

Case Study: John Okafor v. Nigeria Police, Zone 2 Lagos (2021)

Facts:
John Okafor was arrested in Ajah, Lagos, for allegedly buying a stolen laptop. He was taken to Zone 2 Police Command and detained without charge. His family was told to bring ₦50,000 for bail. They negotiated and paid ₦30,000 cash, which was not receipted. When John was eventually released after 5 days, a human rights lawyer filed a suit for unlawful detention and extortion.

Court Decision:
The Federal High Court held that John’s detention for more than 48 hours without arraignment was unconstitutional. It ruled that bail is legally free and ordered:

• Refund of the ₦30,000

• ₦2 million damages for unlawful detention

• Disciplinary action against the investigating officer

Lesson:
Bail is free under Nigerian law. Police who demand money violate the Constitution and can be sued for fundamental rights violations.

Fundamental Rights of a Suspect Regarding Bail

Every Nigerian has rights guaranteed by the Constitution when arrested:

• Right to remain silent or not be forced to make statements

• Right to be informed of the reason for arrest

• Right to legal representation

• Right to be brought before a court within a reasonable time

• Right to bail, unless charged with a capital offense

• Right not to be tortured or extorted

These rights are enforceable under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

What to Do If Asked to Pay for Bail

1. Politely decline to pay and state that you know bail is free.

2. Request a lawyer or contact one immediately.

3. Document the request—take note of names, ranks, and location.

4. Report the case to:

   • Police Complaints Response Unit (PCRU)
     WhatsApp: 070-8282-9448
     Email: complaint@npf.gov.ng

   • Public Complaint Commission

   • National Human Rights Commission (NHRC)

   • ICPC or EFCC

5. Seek redress in court if the person remains unlawfully detained or extorted.

Why the Culture of Paying for Bail Persists

• Underfunded Police System: Officers claim they use such money to fund operations.

• Lack of Monitoring and Enforcement: Few officers are punished.

• Fear by Citizens: People often feel powerless and prefer to pay to free their loved ones.

• Cultural Normalization: The practice has become so entrenched that it is seen as “normal”.

Ending this requires a joint effort between the police hierarchy, civil society, lawyers, and citizens.

Reforms and Recommendations

To eliminate the practice of monetizing bail:

• Police welfare and funding must improve so stations do not rely on illegal means.

• Training and retraining of officers on human rights and professionalism.

• Enforcement of disciplinary measures against erring officers.

• Legal education for citizens so they can assert their rights.

• Implementation of body cameras and CCTV in stations to monitor interactions.

• Automation of bail processes and transparent documentation.

Frequently Asked Questions (FAQs)

Q1: Is police bail really free in Nigeria?
Yes. The Police Act 2020 and ACJA 2015 clearly state that police bail is free of charge.

Q2: Can I sue the police if they collect money for bail?
Yes. You can file a fundamental rights action for unlawful detention and extortion.

Q3: What if the police say I must “mobilize” or pay for logistics?
That is illegal. Politely decline and report it through the right channels.

Q4: Who grants bail at the police station?
The Divisional Police Officer (DPO) or the officer in charge of the case.

Q5: Is bail guaranteed for all offenses?
No. Bail can be denied for capital offenses or where there’s a risk of flight or witness interference.

Conclusion

Police bail is legally free in Nigeria. This is not a privilege—it is a constitutional and statutory right. The persistence of illegal bail payments stems from systemic issues, citizen ignorance, and weak enforcement mechanisms.

To change the narrative, citizens must become more aware of their rights, legal institutions must enforce compliance, and the police must be held to account. Bail is a human rights issue and a test of Nigeria’s commitment to justice.

Everyone—whether a lawyer, civil rights advocate, or ordinary citizen—has a role to play in ensuring that bail is truly free, accessible, and just.

Have You or a Loved One Been Asked to Pay for Police Bail? Know Your Rights. Take Legal Action.

By law, police bail is FREE in Nigeria—no one has the right to demand money for granting bail at any police station. If you’ve ever paid for bail, been unlawfully detained, or experienced police extortion, you are entitled to justice and compensation.

At Chaman Law Firm, we stand for justice and human rights. Our legal team can help you:

• Enforce your fundamental rights in court

• Petition the Police Service Commission and NHRC

• Recover funds collected illegally as bail

• Secure proper bail without illegal payments

• File lawsuits against wrongful detention and police abuse

📞Phone:  08065553671, 08096888818

✉ Email: chamanlawfirm@gmail.com

📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria

🌍Click here to learn more about Chaman Law Firm

Bail is your right — Not a transaction. Let’s help you defend it.

Chaman Law Firm – Your Right, We Protect.