10/05/2026
“BAIL IS FREE” IS NOT A SLOGAN. IT IS THE LAW.
Why do some police officers collect money for bail, and
Why have the government and the public failed to strongly oppose it?
Police collect bail money in Nigeria mainly because of corruption, weak supervision, poor welfare, and because many citizens do not know their rights or are afraid to challenge the system.
But legally, police bail is supposed to be FREE in most ordinary cases.
Under the Nigerian Constitution and the Police Act, once an offence is bailable, the police are not expected to turn bail into business. Yet in many stations, officers demand “mobilisation,” “file money,” “fuel,” “bail form,” or “oga settlement.” Most of these payments are illegal.
Why does it continue?
1. Many victims are afraid
People fear prolonged detention, harassment, or being falsely charged to court, so they pay quickly just to regain freedom.
2. Ignorance of the law
A lot of Nigerians do not know that “Bail is Free” is not just a slogan. Officers take advantage of this ignorance.
3. Weak enforcement against offending officers
Even when complaints are made, disciplinary actions are often slow or hidden from the public.
4. Poor police welfare and corruption culture
Some officers justify illegal bail collection because of poor salaries, bad working conditions, and a long-standing corruption culture in the system. That does not make it lawful.
5. Society has normalized it
Many people now see paying for bail as “normal police procedure,” even though the law says otherwise.
Why don’t government and people strongly kick against it?
i. Government agencies have spoken against it many times, but enforcement remains inconsistent.
ii. Some victims prefer silence because they do not want more trouble.
iii. Witnesses rarely come forward.
iv. Some influential people also use police power for private disputes, which encourages abuse.
v. Corruption complaints in Nigeria often fade without sustained public pressure.
What the Law Says About Police Bail in Nigeria
Under Section 35 of the Constitution of the Federal Republic of Nigeria, every citizen has a right to personal liberty, and any person arrested must be brought before a court within a reasonable time or released on bail where appropriate. Section 35(4) defines “reasonable time” as 24 hours where a court is within 40km, otherwise 48 hours.
The Nigeria Police are empowered to grant administrative bail where investigation cannot be concluded promptly, especially in non-capital offences. The Nigeria Police Force is also expressly prohibited from charging money for such bail.
Section 64(1) of the Police Act 2020 is clear: “Bail granted by the police to a suspect shall be free of charge.”
So when an officer demands money for “bail form,” “mobilization,” “file opening,” “fuel,” “weekend settlement,” or “appreciation,” that is not bail. That is unlawful extortion.
The law permits conditions like sureties, identification, or an undertaking to return—but not payment to police officers.
So the next time you hear “bring something for bail,” remember:
The law did not say bail is negotiable.
The law says bail is free.
If an officer demands illegal bail money, a person can:
a. Request the officer’s name and rank.
b. Ask for the reason for detention.
c. Report to the Divisional Police Officer (DPO).
d. Petition the Complaint Response Unit (CRU) of the Nigeria Police.
e. Report to the Police Service Commission or human rights organizations.
f. Sue for unlawful detention or extortion where appropriate.
The major problem is not that the law permits selling bail.
The problem is that many officers violate the law, while citizens often lack the confidence, support, or resources to resist it.
Know your rights. Demand accountability.
By: S. A. TADESE
Director general
Ta’awunu Human Rights Initiative
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