Every police station across Nigeria has a common slogan painted somewhere on its walls, boldly written in black paint and block letters: “BAIL IS FREE.” But for many Nigerians, the mantra does not always translate into reality.
Many recount varied experiences with the police, with some claiming they were asked to pay for bail outrightly, while others said they did not pay for bail but had to offer incentives before their relatives were released. Another group put it more bluntly, saying they paid a bribe and, as far as they were concerned, bail was not free.
It is a recurring theme in conversations among Nigerians who have had a brush with the law. The Nigeria Police Force, however, has consistently maintained that bail is free, reiterating the position through public statements, interviews, campaigns, songs, advertisements and the inscription displayed at police stations across the country.
A recent interview granted by a police officer and widely shared on X has once again brought the issue to the forefront.
In 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.”
But Nigerians on X were quick to question how practical such advice is, particularly for suspects who may already be in police custody and have limited access to their phones or communication channels.
One 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 suggestion that a detainee could simply call a senior police officer.
“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 users supported the police officer’s position but called for stronger mechanisms to ensure that officers who violate the rule are held accountable.
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.”
But Umuojime pointed to what he described as the practical difficulties of reporting officers 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 user, Bruno Fernandes broda, described the perceived difference between the law and its implementation as enormous.
“The gap between Nigerian law on paper and Nigerian police in practice is wider than the Atlantic Ocean,” the user wrote.
Another user, identified as FLAMZ, also shared what he described as a recent personal experience.
“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.”
But speaking exclusively to DAILY POST on the controversy, legal practitioner Barrister Zulkallain Sani Tsanyawa agreed that the law is clear that bail should not be sold to citizens.
However, he said the problem is not always the absence of a law, but also the manner in which some citizens and police officers approach the practice.
“Bail is free. The law is very clear about that,” Tsanyawa said.
He explained that some citizens, out of fear, desperation or a desire to secure the quick release of a relative, sometimes voluntarily offer money to officers and give it different names.
“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.
According to him, citizens should be more assertive about their rights when confronted with 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 also advised citizens to insist on documentation where an officer maintains that a payment is required.
“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 added that citizens could also seek help from higher police authorities.
“You can contact the office of the Inspector-General of Police or the appropriate police authority and report the demand,” he said.
However, Tsanyawa cautioned that the circumstances of each case matter, 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 what citizens can do when they are kept in police custody, particularly where detention 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 has the power to require the authorities to produce the detained person before it and justify the 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 him, the provision is intended to ensure that citizens are not left without legal protection when their liberty is 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.
