Actress Doris Ogala has spent the past week waiting on a court’s bail decision, in a case where she has pleaded not guilty. The Federal High Court in Lagos fixed Friday, November 6, for its ruling. Cases like hers leave many Nigerians asking the same question: how does bail in Nigeria actually work?
Bail is your temporary release while a case continues. You remain a suspect or defendant, but you can wait at home, on conditions. There are two main types.
Police Bail in Nigeria
This applies while police are still investigating. Generally, police should charge you to court or release you within 24 hours if a court is within 40 kilometres, and within 48 hours if not. 
It is also meant to be free. As FCT police spokesperson Josephine Adeh told Leadership,
“There are no exemptions to the rule that bail is free at all police stations and formations across the country.”
Police may ask for a surety, valid ID and a signed bail bond, but demands for “logistics” or “paperwork” money are unlawful. If an officer still asks for money, ask for the legal basis and speak to the officer in charge. Then call a lawyer, and report it to the Police Complaints Response Unit or the Police Service Commission.
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Court Bail in Nigeria
After police charge you, a court decides. Federal courts and the FCT follow the Administration of Criminal Justice Act 2015. Under it, your chances depend on the offence.
- Three years or less: you are entitled to bail, unless the court finds reasons against it.
- More than three years: you should get bail on application, unless you may evade trial, commit another offence, influence witnesses or tamper with evidence.
- Offences punishable by death: only a High Court judge can grant it, and only in exceptional circumstances.
Conditions must not be excessive. However, a court can ask for sureties or a cash deposit. The court should return that deposit when the case ends, unless it orders forfeiture.
What a Surety Risks
A surety promises the court that you will show up. So think carefully before you sign for anyone.
If the defendant disappears, the court can make the surety pay the bail bond sum after giving them a hearing. The court can recover unpaid sums like a fine, and the surety could face up to six months in prison. If you change your mind, you can apply to the court for a discharge.
Remember that bail isn’t freedom from the case. Miss your court date, and you could lose your bail and your money.
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