Bail controversy: Nigerians reveal what really happens at police stations

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Every police station in Nigeria carries a familiar inscription on its walls: “BAIL IS FREE.” Yet, despite the repeated declaration by the Nigeria Police Force, many Nigerians say their experiences tell a different story.

While some people claim they have been directly asked to pay money before securing bail for themselves or relatives, others say they were not openly charged for bail but were expected to provide some form of financial incentive before a detainee could be released.

For another category of Nigerians, the distinction is even less clear, as they insist that they paid money to secure bail and therefore do not believe the process is genuinely free.

The issue has remained a recurring subject of discussion among Nigerians who have had dealings with the police and the criminal justice system.

The Nigeria Police Force, however, has repeatedly maintained that bail is free, making the position known through public campaigns, interviews, advertisements, songs, official statements and the inscription displayed at police formations nationwide.

The debate was recently reignited after an interview with a police officer circulated widely on X.

During the interview, the officer said: “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 advice, however, immediately generated reactions online, with several Nigerians questioning whether suspects in police custody can realistically leave a station or access communication channels to report such demands.

One X user, MESKANA, wrote: “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.”

Another user, @Skood, questioned the feasibility of contacting senior police authorities from inside a station.

“A friend tried calling his state Police PRO’s number, which we all have, and it rang and rang with no response. We thought maybe one person couldn’t handle too many calls, so we decided he sent a text instead. In the end, he had to settle the officers.”

Some Nigerians agreed with the police officer but argued that stronger accountability mechanisms were needed to punish officers who violate the rule.

Aderogba Funmilayo wrote: “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.”

Umuojime, however, highlighted the difficulties a detainee may face when attempting to report an alleged demand for payment from inside a police station.

“The law says bail is free, but the system says otherwise,” the user wrote.

“How can you call the IGP when the station officers have already seized your phone? Between network issues, fear of harassment, and emergency numbers that rarely work, Nigerians are forced to just pay to save their lives.”

Another X user, Bruno Fernandes broda, described the perceived disparity between the law and its implementation as extremely wide.

“The gap between Nigerian law on paper and Nigerian police in practice is wider than the Atlantic Ocean,” the user wrote.

FLAMZ also recounted what the user described as a recent personal experience involving the payment of bail.

“I was arrested last week by traffic control. Imagine they took me to police station. I was not put in cell but they asked for bail still,” the user wrote. “I tried to do strong head, omo, I later ended up paying for bail again.”

Legal practitioner Barrister Zulkallain Sani Tsanyawa agreed that the law clearly provides that citizens should not be charged for bail.

He, however, noted that the challenge is not necessarily the absence of legal provisions but also how both citizens and police officers approach the issue in practice.

“Bail is free. The law is very clear about that,” Tsanyawa said.

He explained that some citizens, driven by fear, desperation or the urgency to secure the release of a relative, sometimes voluntarily offer money to police officers and give such payments different descriptions.

“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,” he said.

The lawyer urged citizens to be more confident about exercising their rights whenever they encounter an unlawful demand for 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.

Tsanyawa further advised citizens to request official documentation where an officer insists that a payment must be made.

“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.

He also encouraged citizens to report alleged demands for payment to senior police authorities.

“You can contact the office of the Inspector-General of Police or the appropriate police authority and report the demand,” he said.

The legal practitioner, however, stressed that the circumstances surrounding each case must be considered, particularly the nature of the alleged offence.

“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.

On the options available to people who remain in police custody, especially where detention allegedly continues because of an inability or refusal to make an unofficial payment, Tsanyawa referred to the principle of habeas corpus.

“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 explained that the court can require the police or other authorities to produce the detained person and provide justification for the continued detention.

“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,” he said.

According to Tsanyawa, the provision offers legal protection to citizens whose liberty may have been unlawfully restricted.

“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,” Tsanyawa said.

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