05/06/2026
The NBA president further criticised the recurring requirement that sureties must be senior civil servants on Grade Levels 16 or 17 and owners of properties worth hundreds of millions of naira
According to him, appellate courts have already condemned such practices.
Referencing the Court of Appeal judgment in Dasuki v. Director-General, State Security Service & Ors (2019) LPELR-49182 (CA), Osigwe noted that the court described the requirement for serving public officers as mandatory sureties as inconsistent with civilised legal systems.
The Court observed that such requirements are unknown to civilised legal systems and run contrary to public service regulations,” he said.
The Court further noted that expecting a public servant on Grade Level 16 to own property worth N100million would not only be unrealistic but could also conflict with public service rules and anti-corruption objectives.”
Osigwe also pointed to Section 165(1) of the Administration of Criminal Justice Act 2015, which provides that while courts have discretion in granting bail, such conditions must not be excessive.
He warned that impossible bail conditions amount to a denial of bail in practice and contribute significantly to overcrowding in correctional facilities.
“Conditions that cannot be met amount in substance to a refusal of bail and contribute directly to pre-trial detention and congestion in correctional facilities,” he stated.
The NBA president also rejected the practice of limiting acceptable sureties to a specific class of citizens, particularly senior civil servants.
“There is no evidence that civil servants are inherently more reliable as sureties than other law-abiding citizens.
“Such requirements unduly narrow the pool of eligible sureties and create artificial barriers to the enjoyment of a constitutional right,” he added.
Osigwe called on courts across the country to remain guided by the Constitution, the Administration of Criminal Justice Act and established judicial authorities when setting bail conditions.
“Bail conditions must be fair, reasonable, proportionate, and attainable. Courts must guard against imposing terms that render the grant of bail illusory or nugatory,” he said.
He further reminded judicial officers that every accused person enjoys the constitutional presumption of innocence until proven guilty by a competent court.
“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,” Osigwe said.
