NBA Condemns El-Rufai Bail Conditions, Warns of “Punitive” Bail Culture

  

Abuja, Nigeria – 2026

The Nigerian Bar Association, NBA, has condemned bail conditions imposed on former Kaduna State governor Nasir El-Rufai as “punitive,” saying courts and security agencies now grant bail with the intention that suspects “should not enjoy it.”

NBA President, Afam Osigwe, SAN, made the remarks during a meeting with Inspector-General of Police Olatunji Disu.

“Bail has become punitive,” NBA president says  

Osigwe accused law enforcement and judicial institutions of using bail to deny liberty by pretense. 

“Bail has become a punitive thing, that in our police stations, in our courts, in EFCC offices, ICPC offices, bail is being given with the intention that the people should not enjoy it. So we deny bail by pretending to give it,” he said.

He faulted the frequent demand for directors or senior civil servants as sureties. 

“The worst part of it is that it seems to be becoming normal that in some police stations, when bail is granted, they say you must bring a director or senior civil servant. And sometimes it is only the directors acceptable to the investigating officers that can stand as sureties,” Osigwe stated.

Warning over “black market in suretyship”

The NBA president warned that the practice has created a “black market in suretyship,” where individuals with no prior relationship to suspects agree to stand as sureties for a fee.

“These directors who don’t know the suspects now agree to become sureties for a fee. So a great financial burden is thereby imposed on the person in detention, his family and his friends,” he said.

Detention facility inspections resisted

Osigwe also accused police and other agencies of resisting legal inspections of detention facilities, despite provisions in the Administration of Criminal Justice Act, ACJA.

“There is presently a provision in the Administration of Criminal Justice Act which says that the Chief Judge shall direct judges and magistrates to visit detention facilities... And even with this statutory provision, the police, and not only the police, but some law enforcement agencies also refuse and resist these efforts,” he said.

Background

Nasir El-Rufai, former governor of Kaduna State, appeared before the Federal High Court in Kaduna recently. The court adjourned his case to July 1, 2026 for ruling on his bail application.

The NBA’s comments come amid ongoing debate over bail reform and access to justice in Nigeria. The Police, EFCC, ICPC, and judiciary have not issued official responses to Osigwe’s specific allegations as of press time.

Note: The allegations about bail practices reflect the NBA president’s statements. Bail conditions are set by courts or investigating officers based on the circumstances of each case.