Bail Is Free — Nigerians Challenge Police Claim as Lawyer Explains What Detainees Can Do

Bail Is Free — Nigerians Challenge Police Claim as Lawyer Explains What Detainees Can Do

The inscription “BAIL IS FREE” may be familiar to Nigerians who visit police stations, but a fresh debate has exposed the wide gap between what the law provides and what some citizens say they experience in police custody.

The controversy followed a widely circulated interview with a police officer who insisted that no person should be required to pay money before being granted bail at a police station.

“The law does not allow anybody to pay for bail at any police station. If you go to any police station and you are asked to pay for bail, just quietly walk outside and call the IGP,” the officer said.

The statement, however, drew mixed reactions on X, with several Nigerians questioning whether a person already in police custody would realistically be able to report an officer demanding money for bail.

For some respondents, the issue was not whether the law says bail is free, but whether ordinary Nigerians have enough protection to enforce that right when dealing with officers at a police station.

One user, MESKANA, acknowledged that the position was supported by law but warned that the reality on the ground could be different.

“It is true. It is in the law. But this is Nigeria. If you like, listen to him. If you prove wise inside a police station, you will regret it,” the user wrote.

Another user, @Skood, said even attempts to contact senior police officials might not resolve the situation.

According to the user, a friend once tried contacting the state Police Public Relations Officer after encountering a similar problem, but the call was unanswered. A text message was also sent, but the officers eventually demanded and received money.

Some contributors, however, agreed with the police officer and argued that Nigerians needed to become more familiar with their rights while also demanding greater accountability from the police.

Aderogba Funmilayo wrote: “This is actually important information. If the law doesn’t allow officers to demand payment for bail, people need to know their rights and report anyone who tries to exploit them. Accountability should apply to the police too.”

Umuojime, however, questioned how a detainee could report an officer from inside a police station, particularly where the person’s phone had been taken away.

“The law says bail is free, but the system says otherwise,” the user wrote, adding that fear of harassment, network problems and difficulties reaching emergency contacts could leave people with little choice but to pay.

Another contributor, Bruno Fernandes broda, described the situation as a major difference between legal provisions and their implementation.

“The gap between Nigerian law on paper and Nigerian police in practice is wider than the Atlantic Ocean,” the user said.

FLAMZ also claimed to have encountered the problem recently after being arrested by traffic control officers and taken to a police station.

“I was not put in cell but they asked for bail still,” the user wrote. “I tried to do strong head, omo, I later ended up paying for bail again.”

But legal practitioner Barrister Zulkallain Sani Tsanyawa told DAILY POST that the law itself is clear on the issue.

“Bail is free. The law is very clear about that,” Tsanyawa said.

He explained that payments sometimes arise because relatives of suspects, rather than police officers formally demanding money, may offer cash out of fear or desperation and give such payments different descriptions.

“The problem is that sometimes, because of the hesitation or fear of the citizen, the person himself advances money and calls it ‘Alheri’ or ‘Na goro’. But whatever name you give it, a citizen should not be paying money for bail,” he said.

Tsanyawa advised anyone confronted with an alleged demand for bail money to ask the officer to identify the legal basis for the payment.

“If an officer asks you to pay for bail, you should politely refuse. You should ask the officer to tell you the legal basis for the payment,” he said.

Where an officer insists that money must be paid, the lawyer advised citizens to request official documentation.

“If the police officer insists that you must pay, then ask for a receipt. Let the officer state officially what the money is for and issue a receipt for it. You should not simply hand over cash and leave without any record of the payment,” he said.

He further advised citizens to report unlawful demands to higher police authorities, including the office of the Inspector-General of Police.

Tsanyawa, however, stressed that the circumstances of an arrest must also be considered, noting that the nature of the alleged offence could affect the applicable procedure.

“Of course, it also depends on the nature of the alleged offence. Not every situation is exactly the same, and the circumstances surrounding the arrest and detention must be considered,” he said.

On the legal options available to a person who remains in police custody, particularly where the detention is considered unlawful, Tsanyawa referred to the principle of habeas corpus.

He cited Section 169 of the Kano State Administration of Criminal Justice Law 2019, explaining that a person can approach the court where someone is being detained at a police station.

“Under the principle of habeas corpus, and particularly Section 169 of the Kano State Administration of Criminal Justice Law 2019, a person can approach the court by way of an application where somebody is being detained at a police station,” he said.

According to him, the court can order the authorities to produce the detained person and explain the legal basis for the detention.

“The court has the power to order the production of the suspect who is being detained at the police station. So, where a person believes that his detention is unlawful, there is a legal procedure through which the matter can be brought before the court,” Tsanyawa said.

He added that citizens should not remain in police custody merely because they are unable or unwilling to make an unofficial payment.

“So, this law has taken care of the citizen in detention. A person is not supposed to remain in detention simply because he cannot provide money for bail,” he said.