BY Runsewe Solomon & Damilola Akinnmolayan

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It is common to hear that bail is free at the nation’s police stations. However, there have been reports of security agents collecting bail fee before releasing suspects from their custody, can we say that bail is free? Could Extortion also be curbed amongst security operatives? The Hope Classics spoke with some Nigerians on their views on whether bail is free. Excerpts:

Bail is temporary freedom for an accused person. If a person is arrested by the police or any law enforcement agents for one offence or the other, he or she is entitled to bail within reasonable time and during the course of investigation except where it is a capital offence where such a person will be charged to court without wasting time.
Bail at the police or any other law enforcement agents level is known in legal semantics as administrative bail.
Bail is supposed to be free in accordance with extant laws governing bail in Nigeria.
The purpose of bail is to secure the presence of the accused person or suspect whenever his attention is needed. So it should not come with any financial gratification.
Take notice that bail is usually granted with conditions such as entering into a bond by the accused person and his surety or sureties with a promise to forfeit certain amount of money if the accused person failed to show up or jump bail whenever his attention is needed.
There is the need to clarify the fact that the accused person and his surety or sureties are not by law expected to drop the money but they will be ordered to pay it to the government’s coffers whenever the accused person jumped bail. After fulfilling these conditions, there is no need to bribe or tip the police officer or law enforcement agent in charge of the case.
This is why we say BAIL IS FREE. But reverse is the case in Nigeria. On paper, bail is free at the police and other law enforcement agent’s level.
But with due respect to our police officers and other law enforcement agents, bail is not free in the real sense of it in Nigeria and there is nothing you can do about it.
Before you can be released on administrative bail you have to part with money. I doubt if this anomaly can be curbed soon because it is an organized corrupt practice that even involves the top brass of our security outfit.

Bail is free and to be factual there is no law that says bail is free but since a suspect or arrested person’s constitutional right still presumes him/her innocent then the law allows him/her to be granted administrative bail.
In consonance with the above, it is boldly inscribed at the stations of the Law Enforcement Agencies that bail is free and it should be treated as such.
I am not oblivious of the fact that in the course of carrying out my services as a legal practitioner have witnessed where a suspect parts with some amount of money in securing his/her bail.
Extortion can only be curbed if every one of us wake up to the reality that being at an advantaged position does not make you superior to others.

There are two types of bail viz Administrative bail and bail granted by the court.
In response to your question whether bail is free, let me for the purpose of clarity state that the law allows security agencies to grant bail on bond.
Within that context, bail is not free. Likewise, it is a settle principle of law that bail though a constitutional right, is at the discretion of the court upon fulfilling certain conditions.
In view of this, bail is not free.
But when security agencies start extorting people in the name of bail, that is another ball game.
But the general rule is that bail is free.
On whether extortion can be eradicated among our security agencies. My answer is simple.
It is not realistic in the present Nigeria.

Any person that is suspected to have committed an offence, accused of an offence and is arrested or detained is entitled to bail subject to the various provisions of the law with certain bail conditions.
The ability to meet and perfect the bail conditions entitled the person to enjoy the bail, but our security agents demand and collect bail fee from accused persons/offenders.
From the face of the brazen demand and collection of bail fee by security agents, it cannot be said that bail is free. Though the security agents keep saying that bail is free, but do otherwise.
It is part of the corruption that is ravaging the system.
Curbing extortion among security agencies may be difficult because it has eaten deeply into fabrics of the system. It is part of the system as a top to bottom approach thing.
Extortion is not only with the security agencies, it exists in all sectors of the economy, whereby you cannot get something done normally without been extorted.
Curbing extortion in this system will take strong political and leadership will which we presently lack.

Let me start from the Nigeria Police, when you get to the police station as a Suspect, either by invitation or being arrested, it is from there, the whole story begins.
As a suspects the first thing is to write statement and they will now try to interview their boss on whether they should release the suspect on bail or to be detained.
Thank God now they have removed force from the name of the Nigeria Police, everything force has reduced drastically.
Whenever a suspect is arrested, he/she is supposed to be charged to court within 24hours. He/she is not to pay any money to the police.
Recently I read a news on social media about a senator standing surety for someone but the person jumped bail and the surety was arrested and charged to court, why? Because there is what we call bail bond and if any surety failed to fulfill the obligation, he will forfeit all he uses to stand or go to jail.
In section 35, 36 of the law, sub-section 5, made it clear that every individual has his or her right.
But you know police with their tactics, they will not arrest during the week, they waited till Friday afternoon before going after their prey.
The reason for this is that, they know the law says anyone arrested must not stay over 24 hours before he is taken to court, but they don’t want that to happen because of what they want to get.
By the time they were arresting the person or preparing him to appear in court, the court would have already closed.
The reason for this is to approach the suspect, and tell them go and bring N100,000, then the negotiation will start, this is what we are saying which is illegal.
Now if you are going under section 36, sub section 5, it shows that every person that is charged with any offence shall be presumed innocent until court proved him guilty of the offence.
But by the time the police arrested a suspect, they see it in another way, by calling a suspect a criminal, condemning the person. But this section of the law only works in the court not at the police station.
It is only the court that has the right to condemn any suspect if guilty.
But today our people are afraid of sleeping in cell, because of the odd things in there, by locking innocent persons with hardened criminals and the bad odors.
My question is this, all the bail money collected from people where did it go?
I give kudos to the DSS and the EFCC, they will never collect anything from you, their is get someone to stand as your surety and the bail bond is sign, you are free.
When SARS was first introduced, they performed their obligations rightfully but now they have lust their integrity.
On the issue of extortion, let the IG going to any state fund himself, give free uniforms to them and rebuild the neglected barracks, provides all necessary things needed, extortion will be curbed.