HOW TO OBTAIN POLICE BAIL

Bail is the arrangement whereby an accused person is granted a temporary release from custody pending the determination of the case against him.

This is granted pursuant to section 17 of the CPA if the offence is not punishable with death penalty. However, he may be detained for more than 24 hours where the offence is serious – section 42 CPC; section 35(3) and (4) of CFRN, 1999; Eda v. C. O. P (1982) 3 NCLR 219; Olugbesi v. C. O. P (1970) All NLR 204; Emezue v. Okolo & Ors. (1979) 1 LRN 236.

Sections 17 of the CPA; 129 of the CPC; and 27(a) of Police Act authorizes the grant of bail by the police pending the trial of the accused person.

The application for bail at the police station is made in writing. Either the suspect or his surety makes it. Where the surety makes the application, it is the practice that the application should include the passport photograph of the surety.

A person is granted bail by the police upon his entering into a recognizance, with or without sureties, to appear at a police station or court on a subsequent date stated in recognizance. Under section 18 of CPA, the recognizance entered into at the police station is enforceable in court.

When the recognizance is with a surety, the surety is required to be a person of substance and sufficient means who undertakes to forfeit the sum stated in the recognizance if the person granted bail fails to appear at the court or police. Legal practitioners cannot stand as surety for detained persons. However, they may recommend a person as fit and proper surety. In practice, women are not accepted as sureties. There is, however, no constitutional or legal impediment that debars a woman from standing as a surety for bail. The practice is therefore deprecated. Women of proven and sufficient means should be accepted as credible sureties.

Upon application for bail, the suspect may be admitted to bail with or without conditions. Where conditions for bail are stipulated, the suspect must satisfy the stated conditions before he is released.

Any suspect who fails to satisfy the conditions set for bail will remain in custody because it is the accused person’s duty to satisfy the bail conditions, his continued detention will not amount to a violation of his constitutional right – Edo v. C. O. P (1982) 3 NCLR 219.

Bail at the police station is free. When a person on police bail is charged to court, upon arraignment the police bail lapses. The accused person therefore must apply for court bail otherwise he will be remanded in custody unless the court, on its own volition, admits him to bail. click on the picture at the left or right hand side for more insight.

A person arrested for a non-capital offence that cannot be brought before the court within the stipulated time limit, because the police investigations into the alleged offence have not been completed, must be granted bail by the police – sections 18 and 19 of CPA; 129(1) and 340 of the CPC. The suspect is granted bail upon his entering into a bond with or without sureties to appear at the police station at such times as are named in the bond. The bond can be enforced as if it were a bond entered into before a magistrate – section 27(b) of the Police Act.


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Victor C. Ezekiel Esq, has many years experience in providing legal representation and advising clients across an exceptionally broad range of contentious and non-contentious matters. His main goal is to help clients resolve any contentious or non-contentious legal problem they are having rapidly and cost effectively.

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