Bail Without Payment? Nigerians Question Police Assurance as Lawyer Reveals Legal Options
A renewed debate over police bail in Nigeria has brought an old complaint back into public conversation: if bail is free, why do some Nigerians say they are still asked to pay before leaving police custody?
The question gained fresh attention after a police officer, in an interview circulated widely on X, insisted that demanding money for bail at a police station was against the law.
“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 generated a mixture of support, disbelief and personal accounts from Nigerians who claimed that their experiences at police stations did not always match the official position.
MESKANA agreed that the law was clear but questioned how easily an ordinary person could rely on it while in police custody.
“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 X user, @Skood, recalled an experience involving a friend who attempted to contact a state Police Public Relations Officer after allegedly encountering a problem over bail.
The user said the call was unanswered and a text message sent afterwards also failed to resolve the matter, claiming that the officers eventually had to be “settled”.
For Umuojime, the difficulty goes beyond knowing what the law says.
“The law says bail is free, but the system says otherwise,” the user wrote.
The contributor argued that a suspect might not even have access to a phone after being arrested, while fear of further harassment could make reporting an officer difficult.
Bruno Fernandes broda similarly described the situation as a clash between legal provisions and actual experiences at police stations.
“The gap between Nigerian law on paper and Nigerian police in practice is wider than the Atlantic Ocean,” the user wrote.
FLAMZ also alleged that he recently experienced what he described as a demand for bail money after being taken to a police station by traffic control officers.
“I was not put in cell but they asked for bail still,” he wrote. “I tried to do strong head, omo, I later ended up paying for bail again.”
Not everyone criticised the police position. Aderogba Funmilayo said the public needed to understand its rights and insisted that officers who violate the law should be held accountable.
“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,” the user wrote.
Legal practitioner Barrister Zulkallain Sani Tsanyawa, speaking to DAILY POST, maintained that the legal position was straightforward.
“Bail is free. The law is very clear about that,” he said.
Tsanyawa, however, said the controversy could also arise from the way citizens themselves respond to arrest and detention.
He explained that some relatives, driven by fear or desperation to secure the quick release of a detained person, sometimes offer money voluntarily and attach names such as “Alheri” or “Na goro” to the payment.
“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,” the lawyer said.
He advised Nigerians confronted with such demands to remain calm and ask the officer to identify the legal authority 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 the officer insists that payment is necessary, Tsanyawa recommended asking for an official receipt and a clear explanation of what the money represents.
“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.
The lawyer also urged citizens to report questionable demands to the Inspector-General of Police or the appropriate police authority.
He cautioned, however, that bail procedures can vary according to the circumstances of an arrest and the offence involved.
“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.
For people who remain in custody and believe their detention is unlawful, Tsanyawa pointed to the courts as another avenue of redress.
He cited the principle of habeas corpus and Section 169 of the Kano State Administration of Criminal Justice Law 2019, saying an application can be made where a person is being unlawfully 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 compel the authorities to produce the detained person and explain why the detention is continuing.
“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 stressed that inability to provide money should not, by itself, become a reason for prolonged detention.
“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.
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