Rights Group Condemns Stringent Bail Conditions, Seeks CJN, NBA’s Intervention

A civil rights advocacy group, the Vanguard for the Independence of the Judiciary, has raised concerns over the continued detention of hundreds of Nigerians who have not been convicted of any offence but remain in custody due to what it described as excessive and unattainable bail conditions imposed by some judges of the Federal High Court.

The group said this in a statement issued in Abuja on Thursday, December 11, 2025 urging the Chief Justice of Nigeria (CJN), Justice Kudirat Motonmori Kekere-Edun, and the President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, to urgently intervene.

It warned that the practice undermines constitutional safeguards and erodes public confidence in the justice system.

The Convener of the Vanguard described the bail conditions as “obnoxious, punitive and unconstitutional,” noting that they violate the presumption of innocence and breach the fundamental human rights guaranteed under the Constitution of the Federal Republic of Nigeria.

According to the group, led by Barr Douglas Ogbakwa, some judges impose bail terms that are practically impossible to fulfil, thereby transforming bail into a form of punishment rather than a temporary measure to ensure an accused person’s appearance in court.

The statement cited examples of such conditions, including bail sums of ₦5 million with two sureties in like sum, requirements that sureties must be gainfully employed, and multiple layers of address verification involving banks, mobile network providers, the National Identity Management Commission (NIMC), court registries and other agencies.

It stated that in some cases, defendants and their sureties are also required to deposit international passports with the court.

The Vanguard further criticised situations where prosecutors are tasked with verifying sureties, describing the practice as a conflict of interest that compromises fairness and due process.

“Law is not a business, it is a calling. As lawyers, we are meant to protect rights and save lives, not to stand by while citizens rot in jail due to conditions even those who impose them cannot meet,” the convener said.

The group warned that prolonged pre-trial detention has severe social consequences, including families being torn apart, children withdrawn from school and businesses shutting down, all without any conviction by a court of law.

Describing the situation as a breach of the judicial oath and the Code of Conduct for Judicial Officers, the Vanguard urged the leadership of the judiciary and the NBA to take immediate corrective action.

It called for clear guidelines on bail conditions, judicial restraint in the exercise of discretion, and an urgent review of cases where defendants remain in custody solely because of excessive bail requirements.

The statement concluded with a call for the justice system to return to its constitutional roots, stressing that bail should not be used as an instrument of oppression but as a mechanism to balance the interests of justice with the rights and dignity of citizens.