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The Nigerian Bar Association (NBA) has expressed concern over what it described as the growing trend of excessive and unrealistic bail conditions imposed by courts and law enforcement agencies, warning that such practices undermine the constitutional right to personal liberty and the presumption of innocence.

In a statement issued by its President, Afam Osigwe, the association said the increasing insistence on sureties who are senior civil servants on specific grade levels, as well as demands for landed properties of extraordinary value, has effectively turned bail into a form of pre-trial detention for many accused persons.

According to the NBA, although bail is granted in many cases, those affected often remain in custody because the conditions attached to their release are difficult to meet.

The association stressed that bail is a constitutional safeguard intended to secure the attendance of an accused person in court while preserving his or her liberty pending the determination of guilt or innocence.

“It is neither a punishment nor a mechanism for imposing pre-trial incarceration by indirect means,” the NBA stated, adding that bail conditions must be reasonable, practical and capable of being fulfilled by the accused person.

The body cited the Supreme Court decision in Suleman & Anor v. Commissioner of Police, Plateau State, which held that the objective of bail pending trial is to grant pre-trial freedom to an accused person whose appearance in court can be secured through appropriate conditions.

The NBA noted that many courts continue to impose conditions that are disconnected from prevailing economic realities, including requirements for sureties who are serving civil servants on Grade Levels 16 or 17 and ownership of high-value landed properties.

It further referenced the Court of Appeal judgment in Dasuki v. Director-General, State Security Service & Ors, where the court criticised the practice of mandating serving public officers as sureties. The appellate court reportedly described such requirements as inconsistent with civilised legal systems and contrary to public service regulations.

According to the NBA, the Court of Appeal also questioned the practicality of expecting public servants on senior grade levels to own properties worth hundreds of millions of naira, noting that such expectations could conflict with public service rules and anti-corruption principles.

The association pointed to Section 165(1) of the Administration of Criminal Justice Act, which provides that while courts have discretion in granting bail and setting conditions, such conditions must not be excessive.

The NBA argued that judicial discretion must be exercised reasonably and in line with constitutional guarantees, warning that unattainable bail conditions amount to a refusal of bail in substance and contribute to overcrowding in correctional facilities.

The association also criticised the restriction of acceptable sureties to a particular class of citizens, especially senior civil servants, describing the practice as lacking legal, empirical and rational justification.

“There is no evidence that civil servants are inherently more reliable as sureties than other law-abiding citizens,” the statement said.

The NBA therefore urged courts across the country to ensure that bail conditions remain fair, proportionate and attainable, while safeguarding the constitutional rights of accused persons.

It further called on judicial officers to uphold the presumption of innocence and ensure that bail remains a meaningful legal mechanism rather than a privilege available only to those with substantial means or influential connections.

Osigwe maintained that the administration of justice would be better served when courts balance the protection of individual rights with the need to secure the attendance of accused persons at trial through reasonable and lawful conditions.

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The United Nations (UN) has expressed deep concern over the recent abductions of schoolchildren and teachers in Oyo and Borno states, calling for the immediate and safe release of all those held captive.

The global body also urged Nigerian authorities to strengthen efforts aimed at securing schools across the country.

Speaking in Abuja on Thursday, the United Nations Resident and Humanitarian Coordinator in Nigeria, Mohamed Fall, condemned the attacks, which also led to the killing of two educators. He described the incidents as a serious violation of children’s rights to education and safety.

Fall said the continued captivity of the pupils and their teachers remains deeply disturbing.

According to him, schools and other educational institutions should remain safe environments for learning and must not become targets of violence and intimidation.

“The recent incidents underscore the urgent need to strengthen the protection of children, educators and learning environments,” he said.

The UN official acknowledged the efforts already being made by the Nigerian government and security agencies to tackle the situation. However, he stressed that additional measures are required to ensure the prompt return of all abductees and the prosecution of those responsible for the attacks.

He emphasized that children should never be victims of armed conflict or criminal activities, noting that attacks on schools endanger lives and undermine the future of communities and national development.

Fall reaffirmed the United Nations’ commitment to supporting initiatives that promote safe, inclusive and violence-free learning environments across Nigeria.

He also stressed the importance of safeguarding children’s rights and ensuring access to education in conditions that guarantee safety and dignity.

The UN further called for the full implementation of Nigeria’s Minimum Standards for Safe Schools, stronger emergency response mechanisms, and greater use of data-driven approaches to identify and address threats facing schools and vulnerable children.

The remarks followed a meeting in Abuja on Wednesday between the UN Resident and Humanitarian Coordinator and a delegation from the National Safe Schools Response Coordination Centre led by Commandant Samuel Umanah.

The meeting focused on the worsening security challenges affecting schools and provided an opportunity for the United Nations to express solidarity with affected families, school authorities and communities dealing with the trauma caused by the abductions.

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…say the practice undermines National Service Scheme, waste public funds

By Gloria Ikibah

The House of Representatives has taken steps to address the growing rejection of National Youth Service Corps (NYSC) members by government institutions across the country, warning that the trend is undermining the objectives of the national service scheme and depriving young graduates of valuable work experience.

The move followed the consideration of a motion sponsored by Rep. Rodney Ambaiowei, who raised concerns over what he described as the increasing refusal of Ministries, Departments and Agencies (MDAs) to accept corps members posted to them for their mandatory one-year national service.

Presenting the motion, Ambaiowei reminded lawmakers that the NYSC was established as a critical component of Nigeria’s post-civil war reconciliation and nation-building efforts.

He stated: “The National Youth Service Corps (NYSC) scheme was established as part of the post-civil war reconstruction of Nigeria with the specific aims of fostering national unity, reconciliation, and reconstruction by engaging young graduates in community service and promoting a sense of shared national identity and purpose. The scheme came into effect vide Decree No. 24 of 1973 (now the National Youth Service Corps Act, Cap. N84, LFN, 2004) promulgated by the General Yakubu Gowon administration.”

The lawmaker noted that for more than five decades, the scheme has played a significant role in promoting national integration by deploying graduates to states outside their regions of origin and residence.

Ambaiowei further highlighted the positive contributions of the programme over the years, including community development, business growth and social integration.

According to him, “Since its inception, the scheme has fostered national cohesion and healing, as a mandatory national scheme, graduates of universities and polytechnics from different regions of the country converge to render compulsory one-year national service in locations other than their states of origin and residence.

“The scheme has recorded positive impacts in credible service delivery, marriages contracted during service year, successful business development in places of primary assignment, and integration of corps members in their host communities, among other benefits”.

Despite these achievements, the lawmaker expressed concern that many government establishments now routinely reject corps members posted to them, leaving graduates without meaningful opportunities to contribute or gain practical experience.

Ambaiowei also cautioned that the practice amounts to a waste of public resources, as the government continues to pay allowances to corps members who are left without structured engagements.

“The scheme, which is designed to provide willing workforce to the public and private sectors, is currently facing setbacks as Government establishments are rejecting NYSC corps members, denying them service opportunities and experience. This has left many graduates vulnerable to exploitation by private firms and crime, while wasting the scheme’s intended workforce for public and private sectors.

“The rejecting corps members wastes public funds since the government still pays stipends for no economic contribution, without a clear engagement plan, the NYSC scheme loses value and discourages future graduates from participating.

“Proper deployment and utilisation of this young Corps Members’ energy in government offices during service year will enhance valuable experience, prepare them for rewarding careers in the public and private sectors, and boost national productivity and economic growth”, he added.

Following deliberations, the House resolved to urge all Ministries, Departments and Agencies of government, including the National Assembly, to stop rejecting corps members and instead create work structures that accommodate and effectively engage them.

Lawmakers also mandated the House Committee on Youth Development to liaise with the Director-General of the NYSC with a view to developing a comprehensive framework for deploying and harnessing the potential of corps members throughout their service year.

The resolution is expected to strengthen the implementation of the NYSC scheme and ensure that young graduates are given meaningful opportunities to contribute to national development while acquiring practical workplace experience.