Despite the conspicuously engraved "Bail is Free" notice on the walls and information boards of various police stations across the country, nothing in the real sense or reality suggests that it is free. This sad event is one of the major setbacks of our justice system that requires urgent reform. It is a chronic malaise that affects our national life and needs to be curbed.
Over the years, we have heard successive Inspectors General of Police and their State Commissioners re-echo that bail is free. But their subordinates, particularly those within the rank and file cadre of the force, rubbish that pronouncement. This gives the indication that such orders from above are usually not obeyed or followed.
The situation is worse in Area Commands and Divisional stations of the police. Even the heads of those commands are aware of the monies being collected to free detained suspects. Sometimes, they claim that such funds is what is used to run the stations, including buying petrol for patrol vehicles, diesel for their generators, and other daily expenses in their jurisdictions.
Like many other countries, Nigeria has a legal system that allows for the granting of bail to individuals awaiting trial. According to Section 36(5) of the 1999 Constitution (as amended), everyone charged with a criminal offence shall be presumed innocent until proven guilty and shall be entitled to bail. This particular provision emphasizes the importance of bail in upholding the principles of fairness, justice, and liberty of human rights.
Often times, when individuals raise the issue of bail being free and that giving and taking money at police stations for the purpose of securing bail for a suspect is an offence of bribery, the police officers get highly infuriated. They view that as an affront and an attempt to undermine their lucrative source of income.
The constitutional right to bail implies that every accused person is presumed innocent until proven guilty by a court of competent jurisdiction. The 1999 constitution also stipulates that any person who is arrested and detained must be charged to court within a reasonable time, not exceeding 48 hours. These clear provisions have always been violated by men of the Nigerian Police Force.
While dealing with the sad situation of massive bail racketeering, police officers involved in this monumentally-organised crime care less of the health conditions of suspects. They order bail applicants and their lawyers to meet up certain difficult conditions before granting them bail in order to extort money from them. Most people fall to this evil because of the desperation to regain their freedom.
Our findings revealed that bail fees range from N50,000 to N1,000,000 depending on the offence of the suspect. It is a "cash-and-carry" situation that is next to the road block fee police officers collect at illegal checkpoints across the country. Because of its lucrative nature, this ugly trend will continue and even get worse if nothing is done to put an end to it.
So, it must be dismantled forthwith. The authorities of the Nigerian Police Force must end the endemic corruption of the bail application process in the country. Corrupt officers involved in this national embarrassment should be arrested and prosecuted to serve as deterrent to other officers. We are battling with a lot of challenges in our national life, and money for bail is pushing our woes too hard.
As a nation trying to clean its battered image, adding the crime of money for bail is not good. So, the bail application process should be free and transparent, especially for bailable offences. Suspects should be treated fairly. Offences that require bail should not take time to effect. We need to strengthen our justice system in order to have a clean space for all citizens.
